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HomeMy WebLinkAbout06/25/2012 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, June 25, 2012 xxxx * * * * *x 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION,. 5:30 P.M. Community Room (not televised) 1. Revised Personnel Policy 2. Paperless Council Packets 3. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order — 6:30 p.m. ➢ Roll Call - Council Members Stoesz, O'Donnell, Roeser & Rafferty, and Mayor Reinert were present ➢ Pledge of Allegiance ➢ Open Mike / Public Comment None ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was amended to change Consent Item 1K to Item 3B, and to remove Item 3A. Recognition of Bob Stafki for his service to the Centennial Fire District CONSEI' AGENDA A) Consideration of Expenditures: i) June 25, 2012 (Check No. 93507 through 93639) in the amount of $366,309.60; ii) Centennial Fire District (Check No. 5316 through 5392) in the amount of $30,523.89 B) Consider approval of June 4, 2012 Closed Session (appraisal) Pg 10 Minutes Mayor Reinert absent Pg 1 -9 C) Consider approval of June 4, 2012 Closed Session (labor) Pg 11 Minutes Mayor Reinert absent Council Agenda -2- June 25, 2012 REVISED D) Consider approval of June 4, 2012 Work Session Minutes Pg 12 -16 Mayor Reinert absent E) Consider Resolution No. 12 -50 Accepting Donation from Pg 17 Twin Cities Gateway for Blue Heron Days F) Consider approval of June 11, 2012 Council Meeting Minutes Pg 19 -21 Council Member O'Donnell absent G) Consider Resolution No. 12 -49, Approving Applications Pg 22 -23 for St. Joseph's Catholic Church Festival (Temporary On -Sale Liquor, Cabaret and Exempt Gambling) H) Consider Resolution No. 12 -52, Approving Applications Pg 24 -25 for Lino Lakes Lions Club Pheasant Feed (Temporary On -Sale Liquor and Exempt Gambling) I) Consider Resolution No. 12 -54, Approving the Renewal of Pg 26 -28 Tobacco Licenses J) Authorize not waiving monetary limits on tort liability Pg 29 -30 K) Authorization for Centennial Fire District to sell 1991 Ford Pg 31 rescue truck for $20,000 (moved to 3B for discussion) L) Consider Resolution No. 12 -59. Authorizing an Agreement to Mediate, I -35E /CSAH 14 Improvement Project Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Consent Agenda Items 1A, 1E, 1G, 1H, II, 1J, and 1L, as presented, was adopted Action Taken: Motion by Rafferty seconded by Stoesz, to approve Consent Agenda Items 1B, 1C and 1D, as presented, was adopted; Mayor Reinert abstained Action Taken: Motion by Rafferty seconded by Stoesz, to approve Consent Agenda Item 1F, as presented, was adopted; Council Member O'Donnell abstained �NANCE DEPARTMENT REPORT No report ADMINISTRATION DEPARTMENT REPORT A) Consider approval of Revised Personnel Policy, Jeff Karlson (removed from agenda) B) Authorization for Centennial Fire District to sell 1991 Ford rescue truck for $20,000 Action Taken: Motion by Rafferty seconded by Roeser, to authorize sale of the truck as proposed, was adopted Council Agenda - _,- REVISED PUBLIC SAFETY DEPARTMENT REP June 25, 2012 No report . PUBLIC SERVICES DEPAR"lC`IIENT REP A) Consider Resolution No. 12 -51, Authorizing a Utility Rate Study, Pg 91 -100 Rick DeGardner Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 12 -51, as presented, was adopted OMMUNITY DEVELOPMENT REPORT ljo A) Interim Use Permit — Accessory Outdoor Storage, Paul Bengtson i) Consider Resolution No. 12 -53, Approving an Interim Pg 101 -114 Use Permit for Accessory Outdoor Storage at 7301 Apollo Court Action Taken: Motion by Roeser, seconded by O'Donnell, to approve Resolution No. 12 -53 amended to change the allowed hours of operation to 7:00 a.m. to 8:00 p.m., was adopted ii) Consider Resolution No. 12 -57, Authorizing execution of a Performance Agreement for Lakes Building Component's outdoor storage yard Action Taken: Motion by Stoesz, seconded by Roeser, to approve Resolution No. 12 -57, as presented, was adopted B) Consider Resolution No. 12 -55, Accepting Quotes and Awarding Pg 115 -116 a Construction Contract for the 2012 Trail Sealcoat Project, Jason Wedel Action Taken: Motion by Roeser, seconded by Stoesz, to approve Resolution No. 12 -55, as presented, was adopted C) Consider Resolution No. 12 -58, Ordering Improvements, Pg 117 -119 Otter Lake Road Improvement Project, Michael Grochala Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 12 -58 as presented, was adopted ent ISHED BUSINESS None USINESS'; None Motion by Rafferty, seconded by Stoesz, to adjourn at 7:00 p.m. was adopted Council Agenda -4- REVISED June 25, 2012 Upon adjournment of the regular meeting, the Council will reconvene to a special session to discuss 2013 budget impacts • Monday, July 2 416- Wednesday, July 4 - Monday, July 9 • Monday, July 9 Community Calendar —A Look Ahead June 25, 2012 through July 9, 2012 5:30 pm, Community Room CITY HALL CLOSED 6:30 pm, Council Chambers 5:30 pm, Community Room Council Work Session Independence Day Park Board Council Meeting REVISED CITY COUNCIL AGENDA Monday, June 25, 2012 * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Revised Personnel Policy 2. Paperless Council Packets 3. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION Recognition of Bob Stafki for his service to the Centennial Fire District 1. CONSENT AGENDA A) Consideration of Expenditures: i) June 25, 2012 (Check No. 93507 through 93639) in the amount of $366,309.60; ii) Centennial Fire District (Check No. 5316 through 5392) in the amount of $30,523.89 B) Consider approval of June 4, 2012 Closed Session (appraisal) Pg 10 Minutes Mayor Reinert absent Pg 1 -9 C) Consider approval of June 4, 2012 Closed Session (labor) Pg 11 Minutes Mayor Reinert absent D) Consider approval of June 4, 2012 Work Session Minutes Pg 12 -16 Mayor Reinert absent E) Consider Resolution No. 12 -50 Accepting Donation from Pg 17 Twin Cities Gateway for Blue Heron Days Council Agenda -2- REVISED June 25, 2012 F) Consider approval of June 11, 2012 Council Meeting Minutes Pg 19 -21 Council Member O'Donnell absent G) Consider Resolution No. 12 -49, Approving Applications Pg 22 -23 for St. Joseph's Catholic Church Festival (Temporary On -Sale Liquor, Cabaret and Exempt Gambling) H) Consider Resolution No. 12 -52, Approving Applications for Lino Lakes Lions Club Pheasant Feed (Temporary On -Sale Liquor and Exempt Gambling) Pg 24 -25 I) Consider Resolution No. 12 -54, Approving the Renewal of Pg 26 -28 Tobacco Licenses J) Authorize not waiving monetary limits on tort liability per Pg 29 -30 MN Statute 466.04 Authorization for Centennial Fire District to sell 1991 Ford Pg 31 rescue truck for $20,000 L) Consider Resolution No. 12 -59, Authorizing an Agreement to Mediate, I -35E /CSAH 14 Improvement Project FINANCE DEPARTMENT REPORT No report . ADMINISTRATION DEPARTMENT REPORT A) Consider approval of Revised Personnel Policy, Jeff Karison Pg 32 -90 . PUBLIC SAFETY DEPARTMENT REPORT No report . PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 12 -51, Authorizing a Utility Rate Study, Pg 91 -100 Rick DeGardner COMMUNITY DEVELOPMENT REPORT A) Interim Use Permit — Accessory Outdoor Storage, Paul Bengtson :i) Consider Resolution No. 12 -53, Approving an Interim Pg 101 -114 , Use Permit for Accessory Outdoor Storage at 7301 Apollo Court ii) Consider Resolution No. 12 -57, Authorizing execution of to follow III a Performance Agreement for Lakes Building Component's outdoor storage yard • • • Council Agenda -3- REVISED June 25, 2012 B) Consider Resolution No. 12 -55, Accepting Quotes and Awarding Pg 115 -116 a Construction Contract for the 2012 Trail Sealcoat Project, Jason Wedel C) Consider Resolution No. 12 -58, Ordering Improvements, Pg 117 -119 Otter Lake Road Improvement Project, Michael Grochala UNFINISHED BUSINESS None NEW BUSINESS None Adjournment Upon adjournment of the regular meeting, the Council will reconvene to a special session to discuss 2013 budget impacts Ai- Monday, July 2 °4- Wednesday, July 4 Monday, July 9 Monday, July 9 Community Calendar — A Look Ahead June 25, 2012 through July 9, 2012 5:30 pm, Community Room CITY HALL CLOSED 6:30 pm, Council Chambers 5:30 pm, Community Room Council Work Session Independence Day Park Board Council Meeting CITY COUNCIL AGENDA Monday, June 25, 2012 0 F * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Revised Personnel Policy 2. Paperless Council Packets 3. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION Recognition of Bob Stafki for his service to the Centennial Fire District 1. CONSENT AGENDA A) Consideration of Expenditures: i) June 25, 2012 (Check No. 93507 through 93639) in the amount of $366,309.60; ii) Centennial Fire District (Check No. 5316 through 5392) in the amount of $30,523.89 B) Consider approval of June 4, 2012 Closed Session (appraisal) Pg 10 Minutes Mayor Reinert absent Pg 1 -9 C) Consider approval of June 4, 2012 Closed Session (labor) Pg 11 Minutes Mayor Reinert absent D) Consider approval of June 4, 2012 Work Session Minutes Pg 12 -16 Mayor Reinert absent Council Agenda -2- June 25, 2012 E) Consider Resolution No. 12 -50 Accepting Donation from Pg 17 Twin Cities Gateway for Blue Heron Days F) Consider approval of June 11, 2012 Council Meeting Minutes Pg 19 -21 Council Member 0 'Donnell absent G) Consider Resolution No. 12 -49, Approving Applications Pg 22 -23 for St. Joseph's Catholic Church Festival (Temporary On -Sale Liquor, Cabaret and Exempt Gambling) H) Consider Resolution No. 12 -52, Approving Applications Pg 24 -25 for Lino Lakes Lions Club Pheasant Feed (Temporary On -Sale Liquor and Exempt Gambling) I) Consider Resolution No. 12 -54, Approving the Renewal of Pg 26 -28 Tobacco Licenses J) Authorize not waiving monetary limits on tort liability per Pg 29 -30 MN Statute 466.04 K) Authorization for Centennial Fire District to sell 1991 Ford Pg 31 rescue truck for $20,000. 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider approval of Revised Personnel Policy, Jeff Karlson Pg 32 -90 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 12 -51, Authorizing a Utility Rate Study, Pg 91 -100 Rick DeGardner 6. COMMUNITY DEVELOPMENT REPORT A) Interim Use Permit — Accessory Outdoor Storage, Paul Bengtson i) Consider Resolution No. 12 -53, Approving an Interim Pg 101 -114 Use Permit for Accessory Outdoor Storage at 7301 Apollo Court ii) Consider Resolution No. 12 -57, Authorizing execution of to follow a Performance Agreement for Lakes Building Component's outdoor storage yard • • Council Agenda -3- June 25, 2012 B) Consider Resolution No. 12 -55, Accepting Quotes and Awarding Pg 115 -116 a Construction Contract for the 2012 Trail Sealcoat Project, Jason Wedel C) Consider Resolution No. 12 -58, Ordering Improvements, Pg 117 -119 Otter Lake Road Improvement Project, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Upon adjournment of the regular meeting, the Council will reconvene to a special session to discuss 2013 budget impacts Monday, July 2 4- Wednesday, July 4 vI - Monday, July 9 Monday, July 9 Community Calendar — A Look Ahead June 25, 2012 through July 9, 2012 5:30 pm, Community Room CITY HALL CLOSED 6:30 pm, Council Chambers 5:30 pm, Community Room Council Work Session Independence Day Park Board Council Meeting • • • WS — Item 1 WORK SESSION STAFF REPORT Work Session Item No. 1 Date: June 25, 2012 To: City Council From: Jeff Karlson, City Administrator Re: Revised Personnel Policy Background During the May 7 and June 4 work sessions, the Council provided feedback on the revised Personnel Policy. It appears the only policy where there is disagreement is tuition reimbursement. During the May 7 work session, the Council directed staff to include the following revisions to the tuition reimbursement policy: 1) Tuition be reimbursed at 75% of the cost (previously 80 %); 2) Reimbursement to include only the cost of tuition; 3) The maximum annual reimbursement is set at $3,750; 4) Employee must pay back 100% of the amount reimbursed for the 12 -month period preceding the employee's termination date in the employee voluntarily resigns his/her position with the City. Councilmember Rafferty raised some concerns about the amount of reimbursement at the June 7 work session. If the Council can resolve this on Monday night, the Personnel Policy can be adopted at the regular meeting. 7.1 Tuition Reimbursement The City provides financial support to employees for educational courses taken at accredited academic institutions to enhance their professional development and to improve their job skills. This policy is an IRS tax - exempt program. Full -time, non - probationary employees are eligible for this program. Eligibility for reimbursement of courses will be based on relevancy to the employee's current position and the availability of budgeted funds. The City may reimburse eligible employees upon presentation of the final grades in accordance with the following schedule: Grade of "A" 75% of tuition Grade of `B" 75% of tuition Grade of "C" 75% of tuition Grade of "D" 0% of tuition Grade of "F" 0% of tuition Grade of Pass or Fail 75% of tuition for "passing" In the event that an eligible employee receives a grade of "incomplete," no refund will be forthcoming until a final grade is earned. When the requisite course is completed and a final grade is issued, the employee will be reimbursed in accordance with the above schedule. A maximum of $3,750 per calendar year will be reimbursed for tuition only. Charges for textbooks, school supplies, activity fees, or other costs are not reimbursable. As a condition of this program, the employee must agree to pay back 100% of the amount reimbursed for the 12 -month period preceding the employee's termination date if the employee voluntarily resigns his/her position with the City of Lino Lakes. Eligible employees who receive assistance from other sources are eligible for reimbursement only if the cost of the tuition exceeds the amount of assistance received. No reimbursement will be made without prior approval from the employee's department director and the City Administrator. • • • • • • CITY COUNCIL SPECIAL PRESENTATION STAFF ORIGINATOR: Jeff Karlson MEETING DATE: June 25, 2012 TOPIC: Recognition of Bob Stafki VOTE REQUIRED: N/A INTRODUCTION Bob Stafki is a Lino Lakes resident who is retiring from the Centennial Fire District. Bob and his wife, Sharon, have lived in Lino Lakes since 1976 and have raised their family here. Mr. Stafki began his service with the Fire District on March 1, 1995. Bob moved up the ranks from firefighter to Chief of Training. While with the District, Bob mentored many firefighters to become their best. He was instrumental in improving the training division, including technical rescues in the air and water. A plaque will be presented to Bob at the meeting. A tradition within the Fire District is to attach the badge worn by the firefighter to the plaque. Fire Chief Jerry Streich and members of the fire district will be attending the meeting to present the plaque. • EXPENDITURES JUNE 25, 2012 • CHECK NO. 93507 - 93639 $386,309.60 • P1 Date: 06/20/2012 Time: 09:34:59 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (k) Invoice #: (A) Entry Journal #: (R) 10303 - 10319 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: pms Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: A Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000020 A &L SUPERIOR QUALITY SOD, INC. 1 16.67 16.67 .00 .00 000369 A -1 HYDRAULIC SALES /SERVICE, INC. 1 163.06 163.06 .00 .00 000080 ABLE HOSE AND RUBBER, INC. 1 22.06 22.06 .00 .00 000093 ACE SOLID WASTE, INC. 1 610.25 610.25 .00 .00 000408 AFSCME COUNCIL #5 1 723.49 723.49 .00 .00 000100 AID ELECTRIC CORPORATION 5 2,251.90 2,251.90 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 167.88 167.89 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 149.99 149.89 .00 .00 000370 ANOICA COUNTY CENTRAL COMMICATIONS 1 442.34 442.34 .00 .00 000420 ANOKA COUNTY PROPERTY RECORDS & TAXATION 2 97,669.00 97,669.00 .00 .00 003617 ANOICA COUNTY SHERIFF'S OFFICE 1 414.14 414.14 .00 .00 900496 APOGEE RETAIL, LLC 1 200.00 200.00 .00 • 000541 ASPEN MILLS, INC. 3 259.75 259.75 .00 .00 007775 BATTERIES PLUS 1 764.18 764.18 .00 .00 000610 BAUER BUILT, INC. 2 964.25 964.25 .00 .00 000861 BEE LINE ALIGNMENT SERVICE 1 75.00 75.00 .00 .00 008270 RICHARD T. BERG 1 384.00 384.00 .00 .00 008603 BERGMANNS GREENHOUSES & FARM MARKET INC. 1 642.75 642.75 .00 .00 006293 BIFF'S INC. 1 742.43 742.43 .00 .00 008604 BLUE HERON DAYS 1 6,900.00 6,900.00 .00 .D0 000724 BLUE TOW SERVICE, INC. 2 356.92 356.92 .00 .00 008601 BRANDT CRIMINAL DEFENSE 1 275.00 275.00 .00 .00 • Date: 06/20/2012 Time 09:34:59 City of Lino Lakes FM Entry - Invoice Journal Operator: pms Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost 002584 BRKW APPRAISALS, INC. 1 450.00 450.00 .00 .00 000833 BROCK WHITE COMPANY, LLC 1 97.15 97.15 .00 .00 D01110 CENTENNIAL UTILITIES 2 1,285.15 1,265.15 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 221.62 221.62 .00 .00 001117 CHOMONIX GOLF COURSE 1 200.00 200.00 .00 .00 002248 CLIFTON LARSON ALLEN LLP 1 16,515.00 16,515.00 .00 .0D 004670 COMCAST 2 84.90 24.90 .00 .00 006605 COMMERCIAL PARTNERS TITLE LLC 1 732.00 732.00 .00 .00 008606 COMMONWEALTH LAND TITLE INSURANCE CO. 1 150.00 150.00 .00 .00 001187 CONNEXUS ENERGY 1 4,135.31 4,135.31 .00 .00 900415 CRAIG SEVERSON CONSTRUCTION 1 3,250.00 3,250.00 .00 .00 001296 RICK DEGARDNER 1 69.35 69.35 .00 .00 008602 DVS 1 24.00 24.00 .00 .00 008393 EMMONS & OLIVIER RESOURCES, INC. 1 2,490.00 2,490.00 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 2 523.37 523.37 .00 .00 001267 FAST BREAK CORNER MARICET, INC. 1 9.58 9.58 .00 .00 S1540 FORESTRY SUPPLIERS, INC. 1 125.32 125.32 .00 .00 001559 LINDA FRANCIS 1 42.74 42.74 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 2.23 2.23 .00 .00 002328 G & K SEP.VICES, INC. 1 136.54 136.54 .00 .00 008557 GECK, DUEA & OLSON, PLLC 2 8,150.00 6,150.00 .00 .00 008609 GETHSEMANE GARDENS 1 9,000.00 9,000.00 .00 .00 008558 GOLDSTAR PRINTWORKS 1 972.25 972.25 .00 .00 008240 GOPHER STATE ONE -CALL 1 538.25 538.25 .00 .00 006608 GRACZYK, RANDY 1 2,450.00 2,450.00 .00 .00 000152 GRAFFIC TRAFFIC, LLC 1 415.11 415.11 .00 .00 001480 HAWKINS, INC. 1 45.00 45.00 .00 .00 • Da-_: 06;20%2012 Time: 09:35:00 City of Lino Lakes Operator: pms Page: 3 FM Entry - Invoice Journal Discount Vendor # Name # of items Net Gross Discount Lost D- 2 3,362.56 3,3E2.56 .00 0 004562 HD SUPPLY WATERWORKS, LTD. 008599 WRAY D. HENRICKSON 1 5.00 5.00 .00 .00 001850 MICHAEL HOFFM_AN 3 159.94 159.94 .00 .00 001859 HOME DEPOT CREDIT SERVICES 6 354.55 354.55 .00 .00 007224 HUGO EQUIPMENT COMPANY 1 11.47 11.47 .00 .00 001971 INFRATECH 1 577.13 577.13 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 002000 INTL UNION OF OPER ENGR 1 507.20 507.20 .00 .00 008394 JANI -KING OF MINNESOTA, INC. 2 3,624.13 3,624.13 .00 .00 D08610 JAY & DEE'S SPECIAL -T'S 1 485.73 485.73 .00 .00 00E271 DONALD LEE JENSEN 1 432.00 432.00 .00 .00 000698 KEY LAND HOMES 1 3,450.00 3,450.00 .00 .00 008595 AMY KOEHNEN 1 75.00 75.00 .00 .00 006611 KOLB, NATHAN 1 35.00 35.00 .00 .00 002200 KUSTOM SIGNALS, INC. 1 189.69 189.69 .00 .00 000673 LANDFORM 1 806.40 806.40 .00 .00 D02245 LANG BUILDERS, INC. 1 3,450.00 3,450.00 .00 • 008613 LASUITA, RON 1 44.00 44.00 .D0 .00 008612 LAVALLE, TIFFANY 1 200.00 200.00 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 966.00 966.00 .00 .00 008614 LETDURNEAU, CAMERON 1 35.00 35.00 .00 .00 008123 LUBRICATION TECHNOLOGIES, INC. 1 6,463.13 6,463.13 .00 .00 008615 LUTZ, ANDY 1 17.50 17.50 .00 .00 00E275 RODNEY P. MALIKOWSKI 1 267.00 267.00 .00 .00 008509 MARGOLIS COMPANY 1 5,164.00 5,164.00 .00 .00 006600 JACQUELINE MCINTOSH 1 75.19 75.19 .00 .00 003230 TERRY MECKLE 1 169.99 169.99 .00 .00 • Date: D6/20/2012 Time 09:35:00 City of Lino Lakes FM Entry - Invoice Journal Operator: pms Page: c Discount Vendor # Name # of items Net Gross Discount Lost •02570 METRO COUNCIL ENRIVONMENTAL SERVICES 2 61,760.44 61,760.44 .00 .00 002564 METRO SALES INCORPORATED 1 98.00 98.00 .00 .00 002350 MIDWAY INDUSTRIAL SUPPLY CO., INC. 1 24.42 24.42 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 3 1,029.66 1,029.66 .00 .00 008092 MORAN, DAVE 1 35.00 35.00 .00 .00 008282 RAY MURRAY 1 286.00 286.00 .00 .00 007755 NELSON AUTO CENTER 2 51,201.43 51,201.43 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 1 336.85 336.85 .D0 .00 007268 PETE NOLL 1 40.50 40.50 .00 .00 000900 O'REILLY AUTOMOTIVE STORES, INC. 4 1,884.27 1,884.27 .00 .00 000983 OPTUMHEALTH FINANCIAL SERVICES 2 74.80 74.80 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 419.52 419.52 .00 .00 008616 PAUL EMERICH CONSTRUCTION INC. 1 6,450.00 6,450.00 .00 .00 008197 MATHEW PAULSON 1 49.95 49.95 .00 .00 003492 PETTY CASH 1 272.66 272.66 .D0 .00 003524 PITNEY BOWES, INC. 1 279.46 279.46 .00 .00 111110217 POLAR CHEVROLET & MAZDA 1 269.78 269.78 .00 .00 008596 DAN PORTER 1 46.00 46.00 .00 .00 000771 POWER PLAN OIB 1 11,201.48 11,201.48 .00 .00 000057 PREMIUM WATERS, INC. 1 52.10 52.1D .00 .00 003600 PRESS PUBLICATIONS, INC. 3 441.23 441.23 .00 .00 008545 PRIMARY PRODUCTS COMPANY 1 125.23 125.23 .00 .00 008617 RASMUSSEN, PARI 1 15.00 15.00 .00 .00 008535 ROOF SPEC INC. 1 2,000.00 2,000.00 .00 .00 900491 CITY OF ROSEVILLE 2 7,095.46 7,095.46 .00 .00 000405 LESTER RYDEEN 2 241.30 241.30 .00 .00 003910 SAM'S CLUB, INC. 1 654.37 654.37 .00 .00 • Date: 06/20/2012 Time 09:35:00 °icy of Lino Lakes FM Entry - Invoice Journal Operator: toms Page: 5 Discount Vendor # Name # of items Net Gross Discount Lost 001104 CATHLEEN S_ANBURG 1 60.00 60.00 .00 410 000065 SCHAPBER 6. SONS, INC. 2 8,559.42 8,559.42 .00 .00 008618 SCHEELER, LEVI 1 35.00 35.00 .00 .00 003880 SEH TECHNOLOGY SOLUTIONS INC 1 266.25 266.25 .00 .00 00E373 MEGAN SLIPKA 1 75.00 75.00 .00 .00 008142 STAPLES ADVANTAGE 1 82.23 82.23 .00 .00 000365 STAPLES ADVANTAGE 1 187.02 167.02 .00 .00 008619 STOKS, HEATHER 1 50.00 50.00 .00 .00 004240 STREICHER'S, INC. 1 11.75 11.75 .D0 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 3,947.58 3,947.58 .00 .00 008141 TASC - CLIENT INVOICES 1 84.15 84.15 .00 .00 000429 TDS METROCOM MN 1 993.47 993.47 .00 .00 D04350 TKDA 2 212.37 212.37 .00 .00 0044E9 TOUSLEY FORD, INC. 1 228.41 228.41 .00 .00 900357 •TRI -STATE BOBCAT, INC. 1 1,467.25 1,467.25 .00 .00 004540 TWIN CITY GARAGE DOOR CO., INC. 1 245.08 245.08 .00 .00 002639 TYLER TECHNOLOGIES, INC. 1 11,442.22 11,442.22 .00 III" 004560 U S BANK VISA 1 5,041.13 5,041.13 .00 .00 000980 UNITED RENTALS, INC. 1 414.87 414.87 .00 .00 001092 UNITED STATES PLASTIC CORPORATION 1 96.50 96.50 .00 .00 004660 TRACEY URICH 1 111.72 111.72 .00 .00 000174 W. W. GOETSCH ASSOCIATES, INC. 2 2,094.40 2,094.40 .00 .00 004749 STEVEN WAGNER 1 185.30 185.30 .00 .00 004840 WINNICK SUPPLY, INC. 1 80.10 80.10 .00 .00 004836 SANDIE WOOD 1 55.75 55.75 .00 .00 003250 XCEL ENERGY 1 6,497.78 6,497.78 .00 .00 Grand Totals: 167 386,309.60 386,309.60 .00 .00' • Date: 06/2D/20.2 • Ranges: Time: 10:06:00 Operator: pms Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 10306 Bank #: (A) Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name 10320 # of copies: 1 Description Amount ADMINISTRATION ADMINISTRATION MINISTRATION MINISTRATION FINANCE FINANCE FINANCE FINANCE AFSCME COUNCIL #5 ANOKA COUNTY PROPERT INTL UNION OF OPER E LAW ENFORCEMENT LABO METRO COUNCIL ENVIRO MN CHILD SUPPORT PAY HENRICKSON, WRAY D. BLUE HERON DAYS MAY 2012 UNION DUES 374 SIOUX LOOKOUT /1560 S MONTHLY DUES MAX 2012 DUES MAY SAC CHARGES CHILD SUPPORT OVERCHARGED ON PERMIT ASSISTANCE WITH BLUE HER Total for Department OPTUMHEALTH FINANCIA MAY ELIG PLAN PARTICIPAN OPTUMHEALTH FINANCIA MAY RETIREES FRANCIS, LINDA REIMBURSE FOR I -PAD COVE TASC - CLIENT INVOIC MONTHLY FLEX SYSTEM ADMI Total for Department 402 ANOKA COUNTY PROPERT CLIFTON LARSON ALLEN TYLER TECHNOLOGIES, ROSEVILLE, CITY OF ASSESSMENT CONTRACT AUDIT SERVICES SOFTWARE MAINTENANCE AND IT SERVICES Total for Department 407 LEGAL CONSULTANTS GECK, DUEA & OLSON, FORFEITURE SERVICES LEGAL CONSULTANTS GECK, DUEA & OLSON, PROSECUTION SERVICES Total for Department 414 ECONOMIC DEVELOPMENT U S BANK VISA REGISTRATION FOR M.DIVIN Total for Department 415 PLANNING & ZONING LANDFORM INDUSTRIAL ORDINANCE UPD PLANNING & ZONING PRESS PUBLICATIONS, SUPERL /LAKES BLDG COMPON PLANNING & ZONING SEE TECHNOLOGY SOLUT MISC. SERVICES PLANNING & ZONING U S BANK VISA UNDERDESK KEYBOARD TRAY Total for Department 416 ENGINEERING COMM DEV • TKDA GENERAL ENGINEERING SERV Total for Department 417 U S BANK VISA REGISTRATION FOR M.GROCH Total for Department 418 723.49 92.00 507.20 966.00 4,682.70 1,029.66 5.00 6,900.00 14,906.05* 51.80 23.00 42.74 84.15 201.69* 97,577.00 6,606.00 6,768.45 6,144.16 117,095.61* 150.00 8,000.00 8,150.00* 40.00 40.00* 806.40 17.89 266.25 182.10 1,272.64 *" 141.58 141.58* 40.00 40.00* Date: 06/2D/2012 Department Time: 10:06:00 Operator: pms Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE GRAFFIC TRAFFIC, LLC STAPLES BUSINESS ADV ANOKA COUNTY TDS METROCOM ASPEN MILLS, ASPEN MILLS, ASPEN MILLS, CENTRAL MN INC. INC. INC. UNITED STATES PLASTI CONNEXUS ENERGY KUSTOM SIGNALS, INC. METRO SALES INCORPOR OTTER PETTY PETTY PETTY PETTY PETTY PETTY PETTY LAKE ANIMAL CA CASH /LLPD CASH /LLPD CASH /LLPD CASH /LLPD CASH /LLPD CASH /LLPD CASH /LLPD PETTY CASH /LLPD PETTY CASH /LLPD PETTY CASH /LLPD PETTY CASH /LLPD ANOKA COUNTY SHERIFF SAM'S CLUB, INC. SAM'S CLUB, INC. STREICHER'S, INC. U U U S 5 5 BANK BANK BANK VISA VISA VISA U 5 BANK VISA U S BANK VISA WAGNER, STEVE NOLL, PETER PAULSON, MATHEW VOLUNTEER APPRECIATION TONER INTERNET ACCESS MONTHLY PHONE SERVICE UNIFORM DALE HAGER UNIFORM MIKE RUMPSA UNIFORM SUPPLIES JESSE C 125ML SAMPLE BOTTLES (10 MONTHLY SERVICE DS REMOTE BLACK AND WHITE METER MAY SERVICES 35W CORRIDOR CLEO MEETIN ANOKA CHEIFS ASSOC MTG ANOKA CHIEFS ASSOC MTG ANOKA CHIEFS ASSOC. MTG BLOOD DRIVE DANGEROUS DOG SIGNAGES LOCKS FOR EVIDENCE ROOM MOUSE FOR PROPERTY COMPU OFFICE MAX - OFFICE SUPP PSCC MTG VOLUNTEER APPRECIATION ANOKA COUNTY RANGE PAPERBAGS FOR EVIDENCE VOLUNTEER APPRECIATION P PLASTIC WEDGE FOR AUTO D CHILD RESTRAING TRAINING CHILD RESTRAINT TRAINING CHILD SAFETY SYSTEM CLAS TRAINING SUPPLIES VOLUNTEER APPRECIATION VIDEO CAMERA - ACE ETRAI FUEL FOR TRAINING UNIFORM ALLOWANCE REIMBU PRIMARY PRODUCTS COM GLOVES MCINTOSH, JACQUELINE DIGITAL RECORDER Total for Department 420 BUILDING INSPECTIONS U S BANK VISA SEPTIC GUIDES Total for Department 422 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS A &L SUPERIOR QUALITY TDS METROCOM ME UNITED RENTALS, INC. CONNEXUS ENERGY HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE MECKLE, TERRY XCEL ENERGY TURFGRASS SOD MONTHLY PHONE SERVICE ASPHAULT AND CONCRETE BL MONTHLY SERVICE BRAID POLY PATCHMASTER SUN AND SHAD CLOTHING ALLOWANCE REIMS MAY 2012 SERVICE 415.11 187.02 442.34 686.90 89.95 74.95 94.85 96.50 21.37 189.69 98.00 419.52 8.52 11.50 68.00 11.50 20.53 14.00 13.92 8.56 20.35 15.82 79.96 414.14 33.55 326.82 11.75 75.00 75.00 300.00 3.13 493.81 185.30 40.50 49.95 125.23 75.19 5,298.23* 32.06 32.06* 16.67 36.47 414.67 1,316.32 21.36 53.52 169.99 216.08 • Date: D6/20/2012 Department Time: 10:06:00 Operator: pms Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET LEET ET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT BUILDINGS AMERIPRIDE LINEN /APP GOVERNMENT BUILDINGS TDS METROCOM MN GOVERNMENT BUILDINGS POWER PLAN OIB GOVERNMENT BUILDINGS CENTENNIAL UTILITIES GOVERNMENT BUILDINGS CONNEXUS ENERGY GOVERNMENT BUILDINGS DEGARDNER, RICK GOVERNMENT BUILDINGS FRATTALLONE'S HARDWA GOVERNMENT BUILDINGS HOFFMAN, MICHAEL GOVERNMENT BUILDINGS G & K SERVICES, INC. GOVERNMENT BUILDINGS CENTERPOINT /MINNEGAS GOVERNMENT BUILDINGS XCEL ENERGY T.A. SCHIFSKY TKDA GOLDSTAR PRINTWORKS GOLDSTAR PRINTWORKS GOLDSTAR PRINTWORKS AND SO ASPHALT OTTER LAKE SERV RD CULVE R.BOLDT UNIFORM ALLOW. T.MECKLE UNIFORM ALLOW. T.PAYNE UNIFORM ALLOW Total for Department 430 SCHARBER & SONS, INC ABLE HOSE AND RUBBER AMERICAN FASTENER & POLAR CHEVROLET & MA A -1 HYDRAULIC SALES/ RYDEEN, LESTER RYDEEN, LESTER BAUER BUILT, INC. BAUER BUILT, INC. BEE LINE ALIGNMENT S O'REILLY AUTOMOTIVE O'REILLY AUTOMOTIVE O'REILLY AUTOMOTIVE O'REILLY AUTOMOTIVE FAST BREAK CORNER MA FACTORY MOTOR PARTS FACTORY MOTOR PARTS TOUSLEY FORD, INC. U S BANK VISA WINDOW AIR HOSE GRINDER WHEELS /TREE SPAD ELECTRICAL SYSTEM WORK POST AUGER CLOTHING ALLOWANCE REIMB MISC SHOP SUPPLIES - REI TIRES TIRES FOR MOWER WHEEL ALIGN AIR AND OIL FILTERS DISC PAD SETS, ROTORS FILTERS OIL FILTER 2 CAR WASHES 2009 CROWN VICT PART BATTERIES (3) 8 W1Z MOTOR BUSHINGS, ADAPTER, PIN P LUBRICATION TECHNOLO 87NL 10% ETH GOLDSTAR PRINTWORKS GOLDSTAR PRINTWORKS TRI -STATE BOBCAT, IN L.RYDEEN UNIFORM ALLOW TEE SHIRTS NUTS, VALVES, COILS, SEAL Total for Department 431 BUILDINGS PREMIUM WATERS, INC. GLENW00D DISTILLED 5 GAL BUILDINGS ACE SOLID WASTE, INC TRASH AND RECYCLE BUILDINGS AID ELECTRIC CORPORA EXTERIOR SITE LIGHTING BUILDINGS AID ELECTRIC CORPORA GFI RELAY TRIPPED CITY H BUILDINGS AID ELECTRIC CORPORA RELAMP /REPAIR BUILDING E BUILDINGS AID ELECTRIC CORPORA REPLACE BAD SWITCH BUILDINGS AID ELECTRIC CORPORA REPLACE POWER PACK MATS MONTHLY PHONE SERVICE BC1500 BRUSH CHIPPER REP MAY 2012 GAS USAGE MONTHLY SERVICE WIRELESS MOUSE FOR LAPTO EYE BOLT PACKING PEANUTS FOR TOWN SHOP TOWELS MAY GAS USAGE MAY 2012 SERVICE • 3,947.58 70.79 81.45 64.35 70.20 6,481.65* 384.55 22.06 167.88 269.78 163.06 211.94 29.36 848.20 116.05 75.00 18.80 1,840.19 12.15 13.13 9.58 10.37 513.00 228.41 51.29 6,463.13 8.80 193.05 1,467.25 13,117.03* 52.10 475.58 995.94 136.50 896.11 96.62 126.73 149.89 160.69 11,201.48 725.15 820.35 27.72 2.23 38.55 136.54 85.42 4,219.15 Date: 06/20/2012 Department Time: 10:06:01 Operator: pms Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS PITNEY BOWES, INC. SAM'S CLUB, INC. TWIN CITY GARAGE 000 U S BANK VISA U 5 BANK VISA COMCAST COMCAST COMCAST STAPLES ADVANTAGE BUILDINGS JANI -KING OF MINNESO BUILDINGS JANI -KING OF MINNESO BUILDINGS ROOF SPEC INC. BUILDINGS BERGMANNS GREENHOUSE BUILDINGS GETHSEMANE GARDENS BUILDINGS CRAIG SEVERSON CONST BUILDINGS ROSEVILLE, CITY OF ENVIRONMENTAL RENTAL CHARGES CUTLERY SET PARTS REPLACEMENT BATTERIES FO STAFF SUPPLIES INTERNET CITY HALL INTERNET PUBLIC WORKS OFFICE SUPPLIES JUNE MONTHLY CONTRACT PU JUNE MONTHLY SERVICE CITY HALL ROOFING PROGRE BEGONIA BASKETS LANDSCAPE INSTALLATION A ADDITIONAL REPAIRS AT CI MONTHLY PHONE SUPPORT Total for D ACE SOLID WASTE, INC CENTENNIAL UTILITIES CONNEXUS ENERGY DEGARDNER, RICK FORESTRY SUPPLIERS, HOFFMAN, MICHAEL HOFFMAN, MICHAEL HOME DEPOT CREDIT SE MIDWAY INDUSTRIAL SU CENTERPOINT /MINNEGAS NEWMAN TRAFFIC SIGNS U S BANK VISA URICH, TRACEY HUGO EQUIPMENT COMPA BIFF'S INC. GOLDSTAR PRINTWORKS GOLDSTAR PRINTWORKS GOLDSTAR PRINTWORKS Total for Department 450 epartment 432 279.46 10.69 245.06 85.15 115.00 .00 42.45 42.45 82.23 486.28 3,137.85 2,000.00 642.75 9,000.00 3,250.00 951.30 40,717.44* TRASH AND RECYCLE 134.67 MAY 2012 GAS USAGE 72.51 MONTHLY SERVICE 69.42 MILEAGE REIMBURSEMENT 41.63 FLAGS, CAUTION PESTICIDE 125.32 CLOTHING ALLOWANCE REIMS 79.99 REIMB FOR SANDING DISC W 41.40 TAPE 22.40 BOTTLE AND STRAINER 24.42 MAY GAS USAGE 37.72 SIGNS FOR TRAILS 336.85 SPRAYER AND LAWN BAGS 384.94 CLOTHING ALLOWANCE REIMS 111.72 IMPELLER 11.47 UNIT RENTALS 742.43 M. HOFFMAN UNIFORM ALLOW 35.10 S. GILBERTON UNIFORM ALL 17.55 TEE SHIRTS 193.05 2,482.59* SAM'S CLUB, INC. U S BANK VISA U S BANK VISA U S BANK VISA U 5 BANK VISA JAY & DEE'S SPECIAL- PLAYGROUND SUPPLIES FIRST AID SUPPLIES FOR P PLAYGROUND AND PRESCHOOL PLAYGROUND SUPPLIES STAFF SUPPLIES RED T- SHIRTS STAFF Total for Department 451 BRDCK WHITE COMPANY, STORM DRAIN STENCLING PA Total for Department 461 SOLID WASTE APOGEE RETAIL, LLC 96.18 476.98 10.55 205.00 115.00 422.38 1,326.09* 97.15 97.15* VVA SPECIAL PICKUP 200.00 • Date: D6/20/2012 • Department Time: 10:06:01 Operator: pms Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description FORESTRY PROGRAM REC 111,ULT SPORTS ADULT SPORTS ADULT SPORTS ADULT SPORTS ADULT SPORTS FAMILY ACTIVITIES Total for Department 462 MARGOLIS COMPANY TREES PLANTED IN CITY Total for Department 463 Total for Fund 101 SANBURG, CATHLEEN MORAN, DAVE SLIPKA, MEGAN KOEHNEN, AMY KOLB, NATHAN LAVALLE, TIFFANY LETOURNEAU, CAMERON LUTZ, ANDY RASMUSSEN, KARI SCHEELER, LEVI STOKE, HEATHER Total for PROGRAM REFUND COACH REFUND WITHDREW FROM PROGRAM PROGRAM REFUND COACHES REFUND WITHDREW FROM PROGRAM COACHES COACHES COACHES COACHES REFUND REFUND REFUND REFUND WITHDREW FROM PROGRAM Department CLIFTON LARSON ALLEN AUDIT SERVICES Total for Department 200 BERG, RICHARD T CONTRACTED SPORTS OFFICI JENSEN, DONALD LEE CONTRACTED SPORTS OFFICI MALIKOWSKI, RODNEY P CONTRACTED SPORTS OFFICI PORTER, DAN UMP SUNDAY NIGHT SOFTBAL LASUITA, RON UMPIRED 2 SOFTBALL GAMES Total for Department 202 U 5 BANK VISA CORN ROAST Total for Department 203 SPECIAL EVENTS /TRIPS SAM'S CLUB, INC. SPECIAL EVENTS /TRIPS U S BANK VISA SPECIAL EVENTS /TRIPS U S BANK VISA SPECIAL EVENTS /TRIPS U S BANK VISA SPECIAL EVENTS /TRIPS U S BANK VISA SPECIAL EVENTS /TRIPS U S BANK VISA SPECIAL EVENTS /TRIPS U S BANK VISA SPECIAL EVENTS /TRIPS U S BANK VISA SPECIAL EVENTS /TRIPS MURRAY, RAY SENIOR EVENT ART CAMP SUPPLIES PADELFORD PACKET BOAT CR SAFETY CAMP SUPPLIES SENIOR BOOK CLUB SENIOR EVENT SENIOR PROGRAM HOMETOWN SENIOR TRIP AARP DRIVER REFRESHER CO SPECIAL EVENTS /TRIPS JAY & DEE'S SPECIAL - RED T- SHIRTS STAFF Total for Department 205 YOUTH INSTRUCTIONAL U S BANK VISA PLAYGROUND AND PRESCHOOL YOUTH INSTRUCTIONAL JAY & DEE'S SPECIAL- RED T- SHIRTS STAFF Total for Department 207 YOUTH SPORTS • U S BANK VISA FIRST AID SUPPLIES FOR P Amount 200.00* 1,818.00 1,818.00* 213,417.81* 60.00 35.00 75.00 75.00 35.00 200.00 35.00 17.50 15.00 35.00 50.00 632.50* 165.15 165.15* 384.00 432.00 267.00 46.00 44.00 1,173.00* 10.86 10.86* 187.13 48.83 - 113.46 78.59 99.47 28.91 69.63 964.62 286.00 15.75 1 665.47* 13.53 47.60 61.13* 948.37 Date: 06/20/2012 Time 10:06:01 Operator: pms Department OTHER OTHER POLICE POLICE POLICE POLICE POLICE FLEET OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER WATER WATER WATER WATER Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount Total for Department 208 948.37* Total for Fund 201 4,656.46* CLIFTON LARSON ALLEN AUDIT SERVICES 660.60 Total for Department 499 Total for Fund 301 CLIFTON LARSON ALLEN AUDIT SERVICES Total for Department 499 990.90* Total for Fund 401 990.90* 660.60* 660.60* 990.90 WOOD, SANDIE NELSON AUTO CENTER NELSON AUTO CENTER BATTERIES PLUS DVS REIMBURSE -TITLE & TABS F 2013 FORD POLICE INTERCE 2013 FORD POLICE INTERCE BATTERIES FOR PATROL CAR POLICE LICENCE PLATES Total for Department 420 SCHARBER & SONS, INC MOWER Total for Department 431 Total for Fund 402 CLIFTON LARSON ALLEN AUDIT SERVICES BRKW APPRAISALS, INC OTTER LAKE RD N. EXTENT' COMMERCIAL PARTNERS TITLE SEARCH AND EXAMINA Total for Department 499 Total for Fund 406 PRESS PUBLICATIONS, 2012 MILL AND OVERLAY AD PRESS PUBLICATIONS, SEAL COAT ADVERTISEMENT Total for Department 499 Total for Fund 421 CLIFTON LARSON ALLEN AUDIT SERVICES EMMONS & OLIVIER RES SURFACE WATER PLAN DEVEL COMMONWEALTH LAND TI OTTER LAKE RD WETLAND BA Total for Department 499 Total for Fund 422 W. W. GOETSCH ASSOC: SUBMERSIBLE LEVEL TRANSD INSTRUMENTAL RESEARC COLIFORM BACTERIA TDS METROCOM MN MONTHLY PHONE SERVICE CENTENNIAL UTILITIES 2ND QTR 2012 SEWER AND W 43.00 26,564.62 24,636.61 764.18 24.00 52,032.61* 8,174.67 8,174.87* 60,207.4B* 1,816.65 450.00 732.00 2,998.65* 2,998.65* 214.65 190.80 405.45* 405.45* 165.15 2,490.00 150.00 2,805.15* 2,805.15* 1,603.13 142.50 109.41 320.40 • Date: 06/20/2012 Time 10:06:01 Operator: pms • Department Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER WER WER EWER SEWER SEWER SEWER SEWER SEWER SEWER • CONNEXUS ENERGY HAWKINS, INC. CLIFTON LARSON ALLEN CENTERPOINT /MINNEGAS TYLER TECHNOLOGIES, XCEL ENERGY HD SUPPLY WATERWORKS HD SUPPLY WATERWORKS WINNICK SUPPLY, INC. GOPHER STATE ONE -CAL GOLDSTAR PRINTWORKS GOLDSTAR PRINTWORKS GOLDSTAR PRINTWORKS Total for MONTHLY SERVICE CHLORINE AUDIT SERVICES MAY GAS USAGE SOFTWARE MAINTENANCE AND MAY 2012 SERVICE 25 3/4" METERS METER PARTS ADAPTERS AND COUPLINGS SERVICE T.BUDIG UNIFORM ALLOW T.HILLESHEIM UNIFORM ALL TEE SHIRTS Department 494 Total for Fund 601 W. W. GOETSCH ASSOCI CENTENNIAL UTILITIES CENTENNIAL UTILITIES CONNEXUS ENERGY HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE INFRATECH CLIFTON LARSON ALLEN METRO COUNCIL ENVIRO TYLER TECHNOLOGIES, U S BANK VISA U S BANK VISA GOPHER STATE ONE -CAL Total for Department 495 1,512.20 45.00 2,146.95 98.48 2,336.68 2,062.55 3,339.84 42.72 80.10 269.13 36.45 79.20 193.05 14,417.99* 14,417.99* PART AND SERVICE TO REPA 491.27 2ND QTR 2012 SEWER AND W 148.92 MAY 2012 GAS USAGE 18.17 MONTHLY SERVICE 393.65 BLDG SUPPLIES 100.52 CONCRETE, MINERAL SPIRIT 131.0B SUPPLIES 25.67 12 BAGS OF QUADEX DYNAST 577.13 AUDIT SERVICES 3,963.60 WATER WATER SERVICES JUL 57,077.74 SOFTWARE MAINTENANCE AND 2,336.89 CONCRETE 45.51 HOSE AND NOZZLE 161.26 SERVICE 269.12 65,740.53* Total for Fund 602 KEYLAND HOMES BLUE TOW SERVICE, IN BLUE TOW SERVICE, IN CHOMONIX GOLF COURSE LANG BUILDERS, INC. PRESS PUBLICATIONS, WOOD, SANDIE MARGOLIS COMPANY ESCROW RELEASE 883 KELLY 92 PLYMOUTH SP 98 CHEVE LUMINA RENTAL - CLUBHOUSE FOR EMP ESCROW RELEASE 7303 STAG SUPERL /LAKES BLDG COMPON REIMBURSE -TITLE & TABS F TREES PLANTED IN CITY BRANDT CRIMINAL DEFE FORFEITURE SETTLEMENT GRACZYK, RANDY ESCROW RELEASE 886 FOX R PAUL EMERICH CONSTRU 7965 JANE AVE ESCROW REL Total for Department Total for Fund 801 65,740.53* 3,450.00 159.45 197.47 200.00 3,450.00 17.89 12.75 3,346.00 275.00 2,450.00 6,450.00 20,008.56* 20,008.56* Date: 06/20/2012 Time: 10:06:01 Operator: pms Page: 8 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Grand Total 386,309.60* • • • • • CLOSED COUNCIL SESSION June 4, 2012 DRAFT P10 1 2 CITY OF LINO LAKES 3 MINUTES 4 CLOSED COUNCIL SESSION 5 6 DATE : June 4, 2012 7 TIME STARTED : 5:36 p.m. 8 TIME ENDED : 6:33 p.m. 9 MEMBERS PRESENT : Council Members Rafferty, Stoesz, 10 O'Donnell, and Roeser 11 MEMBERS ABSENT : Mayor Reinert 12 13 Staff present: Community Development Director Michael Grochala; City Engineer Jason 14 Wedel; City Attorney Joseph Langel; Paul Gleason 15 16 Acting Mayor Stoesz called the meeting to order at 5:36 p.m. in the Community Room at 17 Lino Lakes City Hall. 18 19 The meeting was convened as a closed session of the city council pursuant to the Open 20 Meeting Law for the express purpose of reviewing appraisal data. 21 22 The meeting was recorded as required. 23 24 The meeting was adjourned at 6:33 p.m. 25 26 These minutes were considered, corrected and approved at the regular Council meeting held on 27 June 25, 2012. 28 29 30 31 32 Julianne Bartell, City Clerk Jeff Reinert, Mayor 33 • • CLOSED COUNCIL SESSION June 4, 2012 DRAFT 2 CITY OF LINO LAKES 3 MINUTES 4 CLOSED COUNCIL SESSION 5 6 DATE : June 4, 2012 7 TIME STARTED : 9:03 p.m. 8 TIME ENDED : 9:25 p.m. 9 MEMBERS PRESENT : Council Members Rafferty, Stoesz, 10 O'Donnell, and Roeser 11 MEMBERS ABSENT : Mayor Reinert 12 13 Staff present: City Administrator Jeff Karlson 14 15 Acting Mayor Stoesz called the meeting to order at 9:03 p.m. in the Community Room at 16 Lino Lakes City Hall. 17 18 The meeting was convened as a closed session of the city council pursuant to the Open 19 Meeting Law for the express purpose of discussing labor negotiations. 20 21 The meeting was recorded as required. 22 23 The meeting was adjourned at 9:25 p.m. 24 25 These minutes were considered, corrected and approved at the regular Council meeting held on 26 June 25, 2012. 27 28 29 30 31 Julianne Bartell, City Clerk Jeff Reinert, Mayor 32 P11 • • • CITY COUNCIL WORK SESSION June 4, 2012 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : June 4, 2012 5 TIME STARTED : 5:30 p.m. 6 TIME ENDED : 9:00 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, O'Donnell, 8 Rafferty, and Roeser 9 MEMBERS ABSENT : Mayor Reinert 10 11 12 Staff members present: City Administrator Jeff Karlson; Director of Public Safety John 13 Swenson; Director of Public Services Rick DeGardner; Utility Supervisor Tim 14 Hillesheim; Community Development Director Michael Grochala; City Clerk Julie 15 Bartell 16 17 In the absence of Mayor Reinert, Acting Mayor Stoesz was in the chair. Acting Mayor 18 Stoesz noted that the agenda for the meeting was being amended by adding the following 19 item after Item 2: Water Discussion. 20 21 2. Martha's Haven Retirement Development — Community Development Director 22 Grochala explained that John and Martha DeHaven are interested in discussing a possible 23 development for their 15 acre parcel in the city. The property is currently zoned as rural 24 and is guided in the Comprehensive Plan for development prior to 2015. Utility services 25 are available in the area. Mr. Grochala explained the city's process for consideration of a 26 development, including rezoning and subdivision of the property. If the DeHavens wish 27 to proceed with their proposal, they should submit a plan for development through the 28 city's process. 29 30 Martha DeHaven first noted how much the residents of Lino Lakes enjoy the city and that 31 the city council is doing a great job as stewards of the city. She then explained that she 32 has a dream about advocating for senior citizens and she sees that her land is way to 33 provide housing for seniors. She showed a hand drawn plan that she explained roughly 34 proposes where homes and green space could be located. The established green space 35 would be good recreation for the new residents. The housing itself would be single level 36 and friendly in many ways to senior living (i.e. large doorways, walk in baths, storage 37 areas, fenced yards for pets). 38 39 When Acting Mayor Stoesz asked how the housing could be designated for seniors only, 40 Mr. Grochala suggested that the developer could make such a stipulation. 41 42 The council heard from a realtor who was present with the DeHavens that senior housing 43 will absolutely be in demand in the coming years. 44 P12 P13 CITY COUNCIL WORK SESSION June 4, 2012 DRAFT 45 The council discussed street access and emergency vehicle access; it may make more 46 sense to consider a through street rather than a cul -de -sac. 47 48 When Council Member O'Donnell asked about next steps, Mr. Grochala noted that the 49 staff report explains the city process. The developer would normally engage an engineer 50 for formal planning. If a development team were put together, he would suggest they 51 meet with city staff. Mr. DeHaven expressed concern about the escrow system and city 52 charges that are incurred through that process. 53 54 When Council Member Roeser asked if there may be some funding available on a 55 regional level for a development like this, Mr. Grochala explained that he wouldn't see 56 anything available for something on this scale. 57 58 Not relative to the housing development discussion, Public Services Director DeGardner 59 remarked that the garden club that includes Mrs. DeHaven has done a wonderful job with 60 the landscaping work outside of city hall. The council expressed their extreme 61 satisfaction with the result of the landscaping and noted that they will formally recognize 62 the volunteers at an upcoming council meeting. 63 64 Water System Discussion (added agenda item) — Public Services Director DeGardner 65 noted that a "Don't Drink the Water" advisory was issued for the City of Lino Lakes this 66 day and he introduced the city's Utility Supervisor Tim Hillesheim to further explain that 67 situation. 68 69 Mr. Hillesheim explained that this morning at about 3:30 or 4:00 a.m. the SCADA 70 computer system for the city's water system locked up during a routine data backup - 71 why that program locked has not yet been determined but is being studied. That means 72 that communication with the wells ceased and pressure started going down. This is 73 irrigation season so it went down pretty fast. There is a redundant dialing system that 74 then failed. He was notified by the Police Department at about 4:30 or 5:00 a.m. of the 75 pressure problem and that they were in the process of manually turning on the pumps. 76 Mr. Hillesheim arrived on the scene by 5:30 a.m. and can report that by 6:00 a.m. the 77 wells were fully pressurized. At no time did the wells run into a negative pressure 78 situation, which is what the Health Department worries about. The Health Department 79 felt that the potential did exist for that negative pressure and the result is that they issued 80 the advisory. They are testing the water in the system and he is very confident there will 81 be no problem. Additional steps that could be taken to avoid the problem in the future 82 would be to have Roseville (our IT partners) monitor our SCADA system at all hours of 83 the day (as they do for a couple of other cities), and/or to install pressure transducers as 84 another fail safe. 85 86 Council Member Roeser asked if the Health Department had known that there was never 87 a negative pressure, would they still have initiated the advisory? Mr. Hillesheim said no 88 and Mr. DeGardner added that there will be some follow up conversations with the 89 Health Department to ensure that proper protocol has been followed and to develop full 2 • • • • • • CITY COUNCIL WORK SESSION June 4, 2012 DRAFT 90 clarity on this situation. In the meantime, the city is fully cooperating and working with 91 the health officials. He added that staff wanted the council to have this full report on the 92 situation and he also wants to assure the council that he is confident there is no water 93 contamination. Council Member O'Donnell asked about the procedure if a contamination 94 did occur. Mr. DeGardner said that the city would mandate a water boiling situation and 95 would full clarify the water system within a couple of days. 96 97 The council noted that city hall as well as council members individually are receiving 98 many requests for information and since they would like everyone to receive the highest 99 level of information, they will refer those requests to the City Administrator. 100 101 Council Member Rafferty noted that he experienced the low pressure at his home early in 102 the morning and was glad that Mr. Hillesheim acted professionally in contacting each 103 council member at 7:00 a.m. to fully explain the situation. He feels that staff has done a 104 good job. 105 106 3. Revised Personnel Policy — Administrator Karlson noted that the council has 107 discussed this policy previously. He has been informed that there may be more questions 108 at this point and he is prepared to answer them. 109 110 Council Member Rafferty suggested that the conversation should probably occur when 111 the Mayor can be included. Mr. Rafferty noted that he continues to be concerned about 112 the language in the Tuition Reimbursement section and mainly relating to public vs. 113 private organizations utilizing their funds for this type of advancement. In a public entity, 114 resources must be used to the best interest of the taxpayers and he has come up with an 115 amendment for reimbursement at a little different level than the current proposal. 116 117 When a council member asked how many employees are taking advantage of the 118 program, Mr. Karlson said there are currently none because there is no money budgeted. 119 There has some participation in the past, mainly within the Police Department. He 120 believes that the tuition program is especially important to police officers seeking 121 promotional opportunities and that they will actually choose to work in a department 122 where that is offered. He also mentioned that employee turnover does come at a cost to 123 the organization. He'd like to get the policy moving forward as there are elements that 124 are important to get into place. He would like to know if there are other issues that 125 require further discussion so he can get the necessary information to move forward. He 126 will work with Council Member Rafferty on his specific concerns. 127 128 The policy will be included on the next work session agenda. 129 130 4. Electronic Council Packets - City Clerk Bartell recalled that the council has 131 previously discussed the cost benefit to implementing an electronic packet system for city 132 council information. Based on that discussion, staff has purchased and is working with 133 one iPad unit. Discussions have been occurring with the City's IT partner, City of 134 Roseville staff, about the best process to bring electronic information to council members. 3 P14 P15 CITY COUNCIL WORK SESSION June 4, 2012 DRAFT 135 There are two elements that are being recommended: Laserfiche Weblink to bring the 136 packet to the council members and iAnnotate as a reader program to enhance electronic 137 use. She demonstrated on the iPad how the city council packet can be produced in 138 electronic form, linked to the Web using the Weblinks program, and opened on the iPad. 139 She noted that staffs recommendation to utilize the Laserfiche Weblinks element in part 140 is because Laserfiche is the tool that the city has chosen to utilize for the organization 141 wide document imaging program. Therefore using an element of Laserfiche for the 142 packets makes sense for compatibility and streamlining. She then demonstrated the 143 search capability of the program. 144 145 Council Member Stoesz summarized that Laserfiche is the recommended tool because it 146 is the overall program being used by the city for its documents. It is easily integrated and 147 is similar in function to the current Web. The idea of all council members using an iPad 148 is to give a uniform look and, for use, so that everyone has pretty much the same access 149 and tools. He asked how members would be notified of changes to the packet 150 (SharePoint has a notification ability)? It would be nice to receive an automatic message 151 whenever the document is updated (rather than having to email every time). Clerk Bartell 152 noted that she will specifically discuss the communication element with the IT group. 153 She added that staffs goal is to keep improving the process — a scanned PDF is not the 154 ultimate goal. 155 156 Stoesz noted that he's discussed with staff the installation of extra wireless nodes to 157 assure dedicated bandwidth for council meetings, in case there is ever a lack of necessary 158 bandwidth during a meeting. Also it would have to be an expectation that council 159 members will have their device charged and ready for the meeting. City Clerk Bartell 160 said she envisions a clear plan of instruction of use and training as necessary, dealing with 161 all the details. Staff will also be looking into how to handle Apple accounts for the 162 purchase of applications. Stoesz recommended that staff also look at utilizing the iPad 163 as a recording device. 164 165 City Administrator Karlson noted that if the council wants to move forward with the 166 program, the remaining question then would be funding. There are different options — 167 monthly stipends, city purchase, or what Roseville is doing — giving $500 up front to each 168 person authorized. Roseville has gone with the less expensive iPad 2 (at $400) because it 169 is fine for this purpose. The extra funds allows for the purchase of applications. He 170 clarified that if the unit is purchased by stipend, the individual would own it. 171 172 The council discussed the implications of having a public device and how they can keep 173 public data separate from personal. O'Donnell's preference is that the city purchases the 174 unit as well as the software; when a council member leaves service it is returned. 175 Rafferty suggested his preference would probably be toward the stipend. 176 177 City Clerk Bartell suggested that the rollout would most likely include use at a work 178 session first prior to use at a council meeting. Administrator Karlson suggested that 179 initially the council could have a paper backup next to the iPad. 4 • • • • CITY COUNCIL WORK SESSION June 4, 2012 DRAFT P16 180 181 Stoesz suggested that the fact that he has the unit will probably lead to some personal use 182 and so it makes sense to him to have it owned by the individual. Also then he can decide 183 if he wants to invest more in getting an iPad 3. 184 185 The stipend would normally concur with the term of office — every four years. 186 187 Administrator Karlson suggested coming back next work session with options for 188 purchase. It would be additional compensation (if a stipend is used) as a onetime 189 appropriation. 190 191 Council Member Stoesz volunteered to utilize the city iPad for the next council meeting. 192 193 City Clerk Bartell noted that since the Laserfiche Weblink is being utilized for this 194 council function, staff will be moving more and more toward that as the Web access for 195 city documents. 196 197 Review Regular Council Agenda of June 11, 2012. 198 199 Item 4B — Renewal of Liquor, Beer, Wine and Dance Licenses — City Clerk Bartell 200 reviewed the list of applicants for renewal, noting that requirements for renewal have 201 been met. 202 203 Item 6A and 6B — Overlay and Sealcoat Projects — Community Development Director 204 Grochala noted that both bids came in under the engineer's estimate. He noted the 205 successful bidders and that the city engineer will be reviewing the bid documents for final 206 approval. 207 208 Council Member Stoesz added that he attended the Police Department volunteer picnic 209 the previous week. Some individuals were recognized for their years of volunteer 210 service. The volunteerism is impressive in this city and the council may want to consider 211 a recognition effort also for these volunteer. 212 213 The meeting was adjourned at 9:00 p.m. 214 215 These minutes were considered, corrected and approved at the regular Council meeting held on 216 June 25, 2012. 217 218 219 220 221 Julianne Bartell, City Clerk Jeff Reinert, Mayor 222 5 • • • CITY COUNCIL AGENDA ITEM 1 -E STAFF ORIGINATOR: Mary Alice Divine MEETING DATE: August 26, 2012 TOPIC: Consideration of Resolution No. 12 -50 Accepting a Donation from TC Gateway for Blue Heron Days Festival VOTE REQUIRED: 3/5 INTRODUCTION Twin Cities Gateway donated $6,552.00 in 2012 for promotion and growth of events held in the City. BACKGROUND Twin Cities Gateway, the convention and tourism bureau serving nine northeast metro cities, provides an annual donation based on a percentage of the contribution each city brings in from hotel taxes to be used for expansion and promotion of events held within the city. This year's contribution will be administered by the Quad Area Chamber of Commerce for Blue Heron Days, and will be used to add entertainment and promote the event. RECOMMENDATION Adopt Resolution No. 12 -50. ATTACHMENTS 1. Resolution No. 12 -50 P17 P18 CITY OF LINO LAKES RESOLUTION NO. 12 -50 RESOLUTION ACCEPTING A DONATION FROM TWIN CITIES GATEWAY FOR LINO LAKES BLUE HERON DAYS FESTIVAL WHEREAS, The City of Lino Lakes is a participating member of Twin Cities Gateway (TCG); and WHEREAS, The City collects a 3% lodging tax Pursuant to M.S.A. § 469.190 for the purpose of supporting TCG; and WHEREAS, The Board of Directors of TCG voted to provided $6,552.00 in 2012 for promotion of the City's festival upon request of the official festival committee; and WHEREAS, The Quad Area Chamber of Commerce requested the donation as official sponsor and financial manager of Blue Heron Days. NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: the City Council does hereby accept the donation of $6,552.00 for use by the Quad Area Chamber of Commerce for the purposes of providing funds for expanding and adding events, and for advertising and promotion of Blue Heron Days Adopted by the Council of the City of Lino Lakes this 25th day of June, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor • • • • • • COUNCIL MINUTES June 11, 2012 P 1 9 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : June 11, 2012 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 6:45 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, Rafferty, 8 Roeser, and Mayor Reinert 9 MEMBERS ABSENT : Council Member O'Donnell 10 11 Staff members present: City Administrator Jeff Karlson; City Engineer Jason Wedel; Chief of Police 12 John Swenson; and City Clerk Julie Bartell 13 14 PUBLIC COMMENT 15 16 No one was present to address the council regarding a matter not on the agenda. 17 18 SETTING THE AGENDA 19 20 The agenda was approved as presented. 21 22 CONSENT AGENDA 23 24 Council Member Rafferty moved to approve the Consent Agenda, as presented. Council Member 25 Roeser seconded the motion. Motion carried on a voice vote. 26 27 ITEM ACTION 28 29 Consideration of Expenditures: 30 31 June 11, 2012 (Check No. 93433 - 32 93506, $159,197.28) Approved 33 34 Centennial Fire District (Check No. 5356- 35 5370, $1 0,348.49) Approved 36 37 May 29, 2012 Council Work Session 38 Minutes Approved 39 40 May 29, 2012 City Council Meeting 41 Minutes Approved 42 43 Resolution No. 12 -45, Peddler License 44 For Pro Star Tree Care Approved 45 May 14, 2012 Closed Council Session Minutes Approved P20 COUNCIL MINUTES June 11, 2012 DRAFT 46 47 May 21, 2012 Special Council Session Minutes Approved 48 49 Accept Resignation of Payroll /Accounts Payable 50 Technician Kim Fread Approved 51 52 FINANCE DEPARTMENT REPORT 53 54 There was no report from the Finance Department. 55 56 ADMINISTRATION DEPARTMENT REPORT 57 58 3A) Resolution No. 12 -48, Approving renewal of Liquor, Wine, Beer and Dance licenses — City 59 Clerk Bartell reported that liquor, wine, beer and dance licenses in the City of Lino Lakes are issued 60 annually and will expire on June 30, 2012. Staff has provided to the council a list of the 61 establishments that have submitted renewal applications. The applicants are responsible for 62 providing information and documentation to meet state and local requirements for their licenses. The 63 Police Department completes background investigations on the applicants and has indicated no new 64 information that would lead to a recommendation of denial of any of the renewal requests. Staff is 65 recommending that the council approve the renewal of liquor, wine, beer and dance licenses as 66 presented. 67 68 Council Member Rafferty moved to approve Resolution No. 12 -48 as presented. Council Member 69 Stoesz seconded the motion. Motion carried on a voice vote. 70 71 72 73 74 75 76 77 78 79 80 81 82 83 i. Resolution No. 12 -46, Accepting Bids and Awarding a Construction Contract for the 84 2012 Overlay Project — City Engineer Wedel reported that the bid process for this year's Overlay 85 Project has been completed and the low bid being recommended for approval comes from North 86 Metro Asphalt & Contracting. The bid is under the engineer's estimate. He utilized a map to show 87 the council what streets are planned for overlay this year. 88 89 Council Member Roeser moved to approve Resolution No. 12 -46 as presented. Council Member 90 Rafferty seconded the motion. Motion carried on a voice vote. PUBLIC SAFETY DEPARTMENT REPORT There was no report from the Public Safety Department. PUBLIC SERVICES DEPARTMENT REPORT There was no report from the Public Services Department. COMMUNITY DEVELOPMENT DEPARTMENT REPORT 6A) 2012 Annual Street Maintenance Projects: 2 • • • • • • 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 COUNCIL MINUTES June 11, 2012 P 21 DRAFT ii. Resolution No. 12 -47, Accepting Bids and Awarding a Construction Contract for the 2012 Seal Coating Project - City Engineer Wedel reported that the bid process for this year's Seal Coating Project has been completed and the low bid being recommended for approval comes from Pearson Bros, Inc. Mr. Wedel indicated on a map the areas of the city that will be included in this year's program. The bid is under the engineer's estimate. Council Member Rafferty moved to approve Resolution No. 12 -47 as presented. Council Member Roeser seconded the motion. Motion carried on a voice vote. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMUNITY CALENDAR • Wednesday, June 13 • Wednesday, June 20 4- Monday, June 25 -4- Monday, June 25 Community Calendar — A Look Ahead June 11, 2012 through June 25, 2012 6:30 pm, Council Chambers 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Council Chambers Planning & Zoning Environmental Board Council Work Session City Council Meeting ADJOURN There being no further business, Council Member Rafferty moved to adjourn at 6:45 p.m. Council Member Stoesz seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, June 25, 2012. Julianne Bartell, City Clerk 3 Jeff Reinert, Mayor • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: CITY COUNCIL AGENDA ITEM 1G Julie Bartell, City Clerk June 25, 2012 Resolution No. 12 -49, Approving an Application for a Temporary On -Sale Liquor License, a Cabaret License, and an Exemption for Gambling Permit for the Annual St. Joseph's Catholic Church August Festival 3/5 INTRODUCTION St. Joseph Church is hosting its annual August Festival on Saturday, August 11 and Sunday, August 12, 2012. BACKGROUND As part of the festival, food and beverages including strong beer and wine will be served. Although temporary on -sale liquor licenses are issued by the Minnesota Department of Public Safety, local approval is required. Staff has verified that St. Joseph's Church is eligible under local ordinance for a temporary license. The Church has also made application to acquire a cabaret license. Bands will be playing live music in the church parking lot on Saturday from 5:00 p.m. to 11:00 p.m. and Sunday from 1:00 to 5:00 p.m. The Church has also applied for an Exempt Permit to allow charitable gambling. Non - profit organizations are allowed under State gambling laws to apply for an exempt permit if they conduct fewer than five (5) gambling occasions per year. St. Joseph Catholic Church conducts fewer than five. St. Joseph's has completed the necessary applications, has submitted a current certificate of insurance and has paid the proper fees. The applications and the certificate of insurance are filed in the office of the City Clerk. Staff conducted a background investigation and found no reason to deny the licensing requests. RECOMMENDATION Approval of Resolution No. 12 -49, Approving an Application for a Temporary On -Sale Liquor License, a Cabaret License, and an Exemption for Gambling Permit for the Annual St. Joseph's Catholic Church August Festival. P22 P23 CITY OF LINO LAKES RESOLUTION NO. 12 -49 Approving Applications for a Temporary Liquor License, Cabaret License and Lawful Gambling Permit for the Annual Festival at St. Joseph's Catholic Church WHEREAS, St. Joseph's Catholic Church has made application for a temporary on -sale liquor license, a cabaret license and an exempt lawful gambling permit for their annual Summer Festival to be held August 11th and 12th, 2012; and WHEREAS, city staff has reviewed the applications submitted for festival events (temporary on -sale liquor, exempt gambling and cabaret) for concurrence with city regulations; and WHEREAS, the City of Lino Lakes Police Department has conducted a background investigation of the applicants; and WHEREAS, St. Joseph's Catholic Church has paid the required license fees; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: That the City Council hereby approves a temporary on -sale liquor license, a cabaret license and an application for exemption for gambling permit for the 2012 St. Joseph's Catholic Church Festival. Adopted by the Council of the City of Lino Lakes this 25th day of June, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor • • • • CITY COUNCIL AGENDA ITEM 1H STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: June 25, 2012 TOPIC: Consider Approval of Resolution No. 12 -52, Application to conduct Exempt Lawful Gambling and Temporary On -Sale Liquor License for Lino Lakes Lions Club VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Lions Club is planning its annual fundraising "pheasant feed" to be held on Saturday, September 15, 2012 at St. Joseph Catholic Church, 171 Elm Street. BACKGROUND The Lions Club is requesting approval of a 1 to 4 Day Temporary On -Sale Liquor License, which is necessary to allow the group to mix and dispense liquor that will be served as part of the dinner. The club is also requesting approval of an application to conduct off -site gambling. Staff has determined that the Lino Lakes Lions Club is eligible for both of these licenses under city regulations. The Police Department has conducted the required background check on the applicant and reports no reason to deny the request. A copy of the applications and a copy of the certificate of liquor liability insurance are on file in the city clerk's office. RECOMMENDATION Approve Resolution No. 12 -52, approving a 1 to 4 Day Temporary On -Sale liquor license and a permit to conduct exempt lawful gambling. P24 P25 CITY OF LINO LAKES RESOLUTION NO. 12 -52 Resolution Approving Lino Lakes Lions Club Application For a 1- 4 Day Temporary On -Sale Liquor License and Application for Exempt Lawful Gambling WHEREAS, Minnesota Statutes, Chapter 340A, allows the city council to issue a temporary on -sale liquor license to a non - profit organization in connection with a social event sponsored by the licensee and held within the city limits; and WHEREAS, the Lino Lakes Lions Club has submitted an application for a temporary on -sale liquor license; and WHEREAS, the Lino Lakes Lions Club has also submitted an application to conduct exempt lawful gambling (raffle and paddlewheels) as part of their event; and WHEREAS, the Lino Lake Lions Club is eligible to conduct lawful gambling under the city's regulations; and WHEREAS, the Lino Lakes Lions Club has paid the required fee for these permits, and WHEREAS, the Alcohol & Gambling Enforcement Division requires that the applications be approved by the City of Lino Lakes City Council before submitting for approval; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: That the Lino Lakes City Council hereby approves the request of the Lino Lakes Lions Club for a temporary on -sale liquor license and approval to conduct exempt lawful gambling at St. Joseph Catholic Church on September 15, 2012. Adopted by the Council of the City of Lino Lakes this 25th day of June, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC CITY COUNCIL AGENDA ITEM 1I Julie Bartell, City Clerk June 25, 2012 Consider Resolution No. 12 -54, Approving 2012 -2013 Tobacco License Renewals VOTE REQUIRED: Simple Majority (3/5 Vote Required) INTRODUCTION All tobacco licenses in the City of Lino Lakes expire on June 30, 2012. Staff has been working with the license holders to put in place all renewal requirements to allow for Council consideration at this time. BACKGROUND Attached is a list of the establishments that have submitted renewal applications. As indicated, the applicants have completed the necessary documentation and paid the fee that is required for the license. RECOMMENDATION Adopt Resolution 12 -54, approving renewal of tobacco licenses for the period of July 1, 2012 through June 30, 2013. ATTACHMENTS 2012 -13 Tobacco License Renewal List P26 P27 CITY OF LINO LAKES RESOLUTION NO. 12 -54 Approving Renewal of Tobacco Licenses for the 2011/2012 Licensing Period WHEREAS, the licensing period for tobacco licenses in the City of Lino Lakes is one year, commencing on July 1 and ending on June 30 the following year; and WHEREAS, the City Council is required to approve the renewal of tobacco licenses; and WHEREAS, city staff has reviewed the renewal applications that have been submitted and verified that licensing requirements are met; and WHEREAS, the city has completed the required background investigations; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: The City of Lino Lakes hereby approves the renewal of tobacco licenses as set forth in Exhibit A that is attached to this resolution. Adopted by the Council of the City of Lino Lakes this 25th day of June 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor • • • • 2012 -13 Tobacco License Renewals Applicant License Type Background Fees License # Lakes Liquor, Inc. 7860 Lake Drive (55014) Tobacco w /liquor lic. X T12 -01 KLVZ Corporation (eff. 3/11) d /b /a Eagle Liquor 730 Apollo Drive, #190 (55014) Tobacco w /liquor lic. X T -12 -02 Spirit Hills Wine & Liquor, Inc. d /b /a Spirit Hills Wine & Liquor 6501 Ware Road (55014) Tobacco w /liquor lic. X T -12 -03 Holiday Stationstores d /b /a Holiday Stationstore #376 7509 Lake Drive (55014) Tobacco PD X T -12 -04 KRO, Inc. d /b /a Lino Lakes Quik Stop 6501 Ware Road, Suite 360 (55014) Tobacco PD X T-12-05 Chomonix Golf Course 700 Aqua Lane (55014) Tobacco w /liquor lic. X T -12 -06 Fast Break 7601 Lake Drive (55014) Tobacco PD X T -12 -07 Lino Lakes Liquor Barrel, Inc. 7997 Lake Drive, Suite 120 (55014) Tobacco w /liquor lic. X T-12-08 TJ Lino Lakes d /b /a Corner Express Todd M. Steffen 7997 Lake Drive (55014) Tobacco PD X T-12-09 All approvals are contingent upon the applicant(s) finally meeting all state and local requirements. All approvals are for the period of July 1, 2012 through June 30, 2013 (except where noted otherwise) All licenses approved by the Council on June 25, 2012 (except where otherwise noted). P28 • • CITY COUNCIL AGENDA ITEM 1J STAFF ORIGINATOR: Al Rolek MEETING DATE: June 25, 2012 TOPIC: Consideration of not waiving, monetary limits on tort liability per MN Statute 466.04 VOTE REQUIRED: 3/5 INTRODUCTION Each year, the City has the option of waving its monetary limits on tort liability to the extent of the coverage purchased. BACKGROUND The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage If the city does waive the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory limits apply would also be limited to $1,500,000, regardless of the number of claimants. If the city does waive the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. The city carries $1,000,000 in excess liability coverage ($1,000,000 per occurrence and annual limit). The City of Lino Lakes has never waived its' monetary limits on tort liability. RECOMMENDATION The City Council approve a motion that the City of Lino Lakes does not choose to waive its' monetary limits on tort liability established by Minnesota Statutes 466.04. ATTACHMENTS Liability Coverage Waiver Form P29 P30 SECTION 1: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased, The decision to waive or not to waive the statutory limits has the following effects: no If the city does not waive the statutory tort limits, an Individual claimant would be table to r a oveaimants more than $500,000. on any claim to which the statutory tort Limits apply. would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. City, of , Li1ao , ,L,ake $3ccepts liability coverage limits of $ 2 , 500, 000 Minnesota Cities Insurance Trust (LMCIT). from the League of Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting ,Ti, n a 7 5 , 2 01 7 Signature Position Mayor Return this completed form to LMCIT, 145 University Ave. W, St. Paul, MN. 55103-2044 • • • • CITY COUNCIL AGENDA ITEM 1K STAFF ORIGINATOR: Jeff Karlson MEETING DATE: June 25, 2012 TOPIC: Sale of 1991 Ford Rescue Truck VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to authorize the sale of a 1991 Ford F600 rescue truck to the City of Frazee Fire Department for $20,000. BACKGROUND In April the Centennial Fire District purchased a 1995 command and support vehicle for $14,000 from the Coon Rapids Fire Department. The Frazee Fire Department has offered $20,000 for the District's old rescue truck. They are in the process of cutting a check right now. Rather than wait for approval from the Steering Committee, each city council in the District is being asked to approve the sale so the transaction can be completed sooner. RECOMMENDATION Staff recommends the Council approve the sale of the 1991 Ford F600 rescue truck for $20,000. P31 • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM IL Michael Grochala June 25, 2012 Consider Resolution No. 12 -59, Authorizing Agreement to Mediate, I -35E /CSAH 14 Improvement Project Simple Majority The City has received a request to participate in a mediation process to reach a voluntary agreement with certain property owners regarding special assessments levied for the I -35 /CSAH 14 Improvement project. Staff is requesting council approval to enter into an Agreement to Mediate based on the request of the City Attorney. BACKGROUND The City adopted special assessments in October of 2012 for the I- 35E /CSAH 14 Interchange Improvement Project. During the adoption process the City received objections to the special assessment from certain property owners. In accordance with statutory requirements those property owners have filed those objections with the District Court. Four of the property owners have jointly requested the City's participation in a mediation process. The mediation process is nonbinding but intended to assist the parties in reaching a voluntary agreement and avoiding a more lengthy and costly legal process. The mediation costs will be shared equally between all parties. RECOMMENDATION Staff is recommending approval of Resolution No. 12 -59 Authorizing Execution of Agreement to Mediate. ATTACHMENTS 1. Resolution No. 12 -59 2. Agreement to Mediate P 3 1 — CITY OF LINO LAKES RESOLUTION NO. 12 -59 RESOLUTION AUTHORIZING AGREEMENT TO MEDIATE I -35E /CSAH 14 IMPROVEMENT PROJECT WHEREAS, in October of 2011 the City Council adopted special assessments against certain real property for the making of the I -35E /CSAH 14 Improvement project; and WHEREAS, in accordance with the provisions of Minn. Stat. § 429, the City received objections to said special assessments from certain property owners who further appealed to the District Court; and WHEREAS, the City has received a request to participate in a mediation process regarding such obj ections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized to execute, on behalf of the City, the Agreement to Mediate prepared by Gregerson, Rosow, Johnson & Lilan, LTD., Attorneys at Law. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Whereupon said resolution was declared duly passed and adopted. 2 • • • • • • DAVID H. GREGERSON" RICHARD F. ROSOW+ MARK J. JOHNSON* JOSEPH A.NILAN't SARA B. GUNDERSON" DANIEL R. GREGERSON KRISTY L. WARNEN DAVIS A. KESSLER JOSHUA A. DOROTHY MATTHEW J. NELSON GREGERSON, ROSOW, JOHNSON & NILAN, LTD. ATTORNEYS AT LAW 650 THIRD AVENUE SOUTH SUITE 1600 MINNEAPOLIS, MINNESOTA 55402 -4337 TELEPHONE: (612) 338 -0755 FAX: (612) 349 -6718 WW \1'.ERJN.COM ROBERT 1. LANG, RETIRED ROGER A. PAULY, RETIRED 'Also admitted in Wisconsin ~Also admitted in North Dakota •4-MSBA Board Certified Real Property Specialist Writer's Direct Dial: 612 -436 -7477 Writer's E-mail: rrosow a Crjn.Com AGREEMENT TO MEDIATE The parties and attorneys named below acknowledge and agree that they are willing to participate in a mediation process in an effort to reach voluntary agreement to resolve the following: The City of Lino Lakes — I35E CSAH 14 Interchange The parties also acknowledge and agree to be bound by the following ground rules: 1. Duty to Meet. The parties will attend scheduled mediation conferences unless they advise the mediator of their inability to attend at least 24 hours before the conference, unless there is an emergency. 2. Notice. Each party acknowledges that the mediator has given them written notice that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain about their rights. 3. Termination of Mediation. It is understood and agreed that mediation is a voluntary process and any parties to the controversy or signatories to this Agreement are free at any time to terminate their participation therein upon notice to the mediator. The signatories intend for this Agreement and the mediation process to comply with the Minnesota Civil Mediation Act, M.S. § 572 et seq., to the extent that such compliance may be required by any court of competent jurisdiction, and they further intend to waive the provisions of M.S. § 572.33Subd. 3 which provides for termination of mediation upon written notice. 4. Good Faith. The parties agree to negotiate in good faith. The parties may refuse to divulge information but will not give false information or purposely mislead the mediator. 5. Mediator. It is agreed and understood that the mediator does not act as advocate., representative, fiduciary or counsel for any party and has no formal coercive authority to make any binding decisions or recommendations or to compel the making of any agreement or the ranting of any concession. The mediator(s) does not represent any of the parties. The mediator(s) has no duty to provide advice or information to a party or to assure that a party has an understanding of the problem and the consequences of his/her actions. The function of the mediator(s) is to promote and facilitate voluntary resolution of the above - referenced dispute. The mediator(s) has no responsibility concerning the fairness or legality of the resolution. Neither party knows of any circumstances which would cause reasonable doubt regarding the impartiality of the mediator(s). 6. Confidentiality. The parties and the mediator(s) agree to the following confidentiality provisions: (a) All discussions, representations, and statements made during mediation will be privileged as settlement negotiations. Parties agree that they will not attempt to discover or use as evidence in any legal proceeding anything related to the mediation, including any communications or the thoughts, impressions or notes of the mediator(s). No document produced in mediation which is not otherwise discoverable will be admissible by any of the parties in any legal proceedings for any purpose, including impeachment. (b) Notes, records and recollections of the mediator are confidential, which means that they shall not be disclosed to any persons except administrative staff of the mediator as necessary, unless (1) all the parties and the mediator agree to such disclosure or (2) required by law or other applicable professional codes. (c) The parties will not subpoena the mediator or any member of his staff, or any records or documents of the mediator(s) in any legal proceedings of any kind. If so called or subpoenaed, the mediator(s) may refuse to testify or produce the requested documents. Should any party attempt to compel such testimony or production, such party shall be liable for, and shall indemnify the mediator(s) against any liabilities, costs or expenses, including reasonable attorneys' fees which the mediator(s) may incur in resisting such compulsion. (d) The mediator(s) will not discuss or disclose any communications made during the mediation process to any persons without the permission of the appropriate party or parties, except as required by law or court order. 7. Fees. The parties agree to pay the Mediator $275.00 per hour for preparation time for the mediation and for the mediation services, and for reasonable expenses. The mediator also bills for the preparation time of reviewing your submissions, for travel, and for parking expenses. The fees shall be borne equally by the parties unless otherwise determined by the parties during mediation. Counsel to the parties hereby expressly agrees that Mediator is retained by the attorney and the amount due from each side shall be paid by the attorney for the respective party upon receipt of the Mediator's fee statement. The parties agree that they are jointly and severally liable for any unpaid fees and expenses. Interest at the rate of 18% per annum shall be added and due in the event that the Mediator's fees are not timely paid. If collection becomes necessary, the delinquent party shall pay fee, including any attorney fees, and costs associated therewith. - 2 - • • • • • • If this controversy or dispute is settled prior to the scheduled mediation, mediator will have the option to charge a fee for any time spent in scheduling, telephone calls, and/or reviewing materials that may have been submitted. 8. Ouaiifieations of Mediator. As further required by the Minnesota Civil Mediation Act, the participants to the mediation acknowledge and agree that the Mediator has disclosed in writing hereinafter his educational background and relevant training and experience in the field. The mediator has been licensed to practice law since 1976, is a graduate of University of North Dakota Law School, has been in private practice his entire career, and is certified as a Real Property Specialist by the Minnesota State Bar Association. 9. Minnesota Civil Mediation Act. Pursuant to the requirements of the Minnesota Civil Mediation Act, the mediator hereby advised the parties that: (a) the mediator has no duty to protect the parties' interest or provided them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect the parties' legal rights; and (c) the parties should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights; and (d) a written mediated settlement agreement is not binding unless it contains provisions that it is binding and a provision stating substantially that the parties were advised in writing of (a) through (c) above. 10. Agreement. This Agreement to Mediate is in full and complete agreement among all participants to the mediation, which includes all parties (hereinafter referred to in the singular as "party" and in the plural as "parties) to the controversy, respective counsel, any witnesses who participate in the mediation, and the Mediator. 11. Impartiality. The participants to the mediation also acknowledge that neither party knows of any circumstances that would cause reasonable doubt regarding the impartiality of the mediator. To the extent that the participants to the mediation know of such circumstances or to the extent the Mediator has made disclosures of such circumstances, the participants to the mediation waive any claim of bias or partiality on the part of the Mediator and agree to proceed with the mediation. 12. Alternative Dispute Resolution Privilege. Pursuant to Minn. Stat. § 595.02 subd. la, the Mediator, as the person presiding at any alternative dispute resolution proceeding established by this Agreement to Mediate, shall not be competent to testify, in any subsequent civil proceeding or Rriministrative hearing, as to any statement, conduct, decision, or ruling, occurring at or in conjunction with the prior proceeding, except as to any statement or conduct that could: (a) constitute a crime; (b) give rise to a disqualification proceeding under the rules of professional conduct for attorneys; or (3) constitute professional misconduct. 13. Voluntary Acknowledgment. The parties and their attorneys hereby voluntarily enter and agree to the terms and conditions in this Agreement to Mediate and affirm that they have read and understand its provisions, and have had the right and full opportunity to consider and review this Agreement to Mediate with counsel. All parties, and the Mediator must sign this Agreement to Mediate. - 3 - Dated: Mediator: City of Lino Lakes By Its By Its Rehbein Properties By Gerald L. Rehbein Partner By Gordon W. Rehbein Partner ALi.no LLC By Its BLino LLC By Its CLino LLC By Its - 4 - • • • • • CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson MEETING DATE: June 25, 2012 TOPIC: Revised Personnel Policy VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to adopt the revised Personnel Policy. BACKGROUND The Council discussed the revised Personnel Policy at the May 7, May 29, and June 4 work sessions. The only policy that has not been resolved to date is tuition reimbursement, which will be considered during the work session prior to the June 25 regular meeting. RECOMMENDATION Staff recommends approval of the June 2012 Personnel Policy, which will include any revisions from the work session prior to this meeting. P32 P33 City of Lino Lakes Personnel Policy June 2012 • • • • TABLE OF CONTENTS SECTION 1 PURPOSE AND SCOPE PAGE 1.1 Purpose 1 1.2 Scope 1 1.3 Applicability to Unionized Personnel 1 1.4 Statement of Non - Discrimination 1 1.5 Confidentiality /Data Practices Advisory 2 1.6 Minnesota Personnel Record Review and Access Act 4 SECTION 2 DEFINITIONS 2.1 Definitions 5 SECTION 3 APPOINTMENTS AND EMPLOYMENT 3.1 Physical & Psychological Examination 6 3.2 Background Investigations 6 3.3 Probationary Period 6 3.4 Work Schedule 7 3.5 Performance Evaluations 7 3.6 Promotions 7 3.7 Veteran's Preference 7 3.8 Americans with Disabilities Act (ADA) 8 3.9 Disciplinary Steps 8 3.10 Grievance Procedures 9 SECTION 4 COMPENSATION 4.1 Position Classifications 11 4.2 Compensation Plan 11 SECTION 5 EMPLOYEE BENEFITS 5.1 Health Care Benefits 12 5.2 Pre -Tax Benefits 12 5.3 Health Insurance Continuation (COBRA) 12 5.4 Deferred Compensation 13 5.5 Long -Term Disability 13 5.6 Safety Committee 13 5.7 Employee Wellness 13 5.8 Employee Assistance Program (EAP) 14 5.9 Computer Purchase Plan 14 5.10 Post Employment Health Care Saving Account 15 5.11 College Savings Plan 15 i P34 P35 SECTION 6 ATTENDANCE AND LEAVES PAGE 6.1 Holidays 16 6.2 Vacation Leave 16 6.3 Sick Leave 17 6.4 Leave Donation Program 17 6.5 Workers' Compensation 19 6.6 Sick Child/School Child Leave 19 6.7 Funeral Leave 20 6.8 Military Leave 20 6.9 Time Off to Vote 20 6.10 Jury Duty 20 6.11 Serving as an Election Judge 21 6.12 Family Medical Leave Act (FMLA) 21 6.13 Parental Leave 23 6.14 Personal Leave of Absence 24 6.15 Leave without Pay 24 6.16 Bone Marrow Donation Leave 24 6.17 Absence without Leave 25 6.18 Severe Weather 25 6.19 Personal Time Off (PTO) Leave 25 SECTION 7 7.1 7.2 7.3 EDUCATION AND EXPENSE REIMBURSEMENT Tuition Reimbursement 29 Travel Reimbursement 29 Mobile Phones 31 SECTION 8 CONDUCT AND ETHICS 8.1 Conduct as a City Employee 32 8.2 Political Activity 33 8.3 Conflict of Interest 33 8.4 Nepotism 33 8.5 Omnibus Child Support Enforcement Act 33 8.6 Workplace Harassment 33 8.7 Reporting Workplace Harassment 34 8.8 Drug and Alcohol Testing 35 8.9 Drug and Alcohol Testing for Commercial Drivers 45 8.10 Professional Appearance 48 8.11 Computer Use Policy 48 SECTION 9 SEPARATION FROM CITY EMPLOYMENT 9.1 Voluntary Resignation 52 9.2 Reduction in Force 52 9.3 Termination 52 9.4 Severance Pay 53 ii • P36 • SECTION 10 DISCIPLINARY HEARINGS 10.1 Request for Hearing 54 10.2 Pre - Termination Hearing 54 10.3 Post - Discharge Hearing 54 10.4 Veterans' Preference Hearing 54 • • P37 SECTION 1: PURPOSE AND SCOPE 1.1 Purpose The purpose of this policy is to establish a uniform and equitable system of personnel administration for employees of the City of Lino Lakes. Terms and conditions of employment not specifically established in this Personnel Policy shall remain solely within the discretion of the City to modify, establish, or eliminate. The City retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial functions not specifically referred to in this policy. 1.2 Scope This handbook contains policies and procedures for supervisors and employees and does not apply to the following: • Elected officials and members of boards and commissions, unless specifically stated otherwise • Paid on call fire personnel • Consultants rendering professional services If a section in this personnel policy is held invalid by judicial or legislative action, the remainder of these policies will not be affected. 1.3 Applicability to Union Personnel The provisions of these policies and procedures shall also apply to all organized personnel who work under a collective bargaining agreement with the City. In the event of a conflict between the terms of a collective bargaining agreement and this policy, the terms of the collective bargaining agreement shall take precedence. 1.4 Statement of Non Discrimination It is the policy of the City to provide equal employment opportunity to all persons. All employment policies and practices shall be non - discriminatory in compliance with federal laws, state statutes, and local ordinances. No individual shall, on the basis of race, color, creed, religious or political affiliation or belief, national origin, sex, sexual orientation, age, marital status, disability, or status with regard to public assistance, be excluded from employment or be subjected to discrimination regarding any and all terms and conditions of City employment. 1 • • • • 1.5 Confidentiality / Data Practices Advisory During the course of City employment, an employee will likely be asked to provide personal information 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 either the public or to the subject of the data. The requested information will be used to evaluate the employee's job performance, eligibility, and abilities. If the employee provides false, incomplete or misleading information, the employee may be subject to discipline. A. Types of Data • Public Data. Information about a person that must be made available to the public or to the subject of the data. • Private Data. Information that can be given to the subject of the data upon request, but is not available to the public without permission or as specifically authorized by law. • Confidential Data. Information that generally cannot be given to the public or the subject of the data. • Personnel Data. Data on individuals collected because the individual is or was an employee, 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 the data does not identify any individual. B. Public Personnel Data With the exception of undercover law enforcement personnel, the following personnel data are public: name, gross salary, salary range, gross pension, contract fee, benefits, expense reimbursements, job title, job description, education and training background, previous work experience, dates of employment, status of complaints or charges against employees, outcome of complaints or disciplinary actions, work location, work telephone number, badge number, city and county of residence. C. Access to Personnel Files Other persons or entities that are authorized by law to receive information in the employee's personnel file are: • Employees, agents and officials of the city who have a need to know about the information in the course of their duties or responsibilities; • The person who is the subject of private data; • People who have permission from the subject of the data; • The Internal Revenue Service and Minnesota Department of Revenue; • The Immigration and Naturalization Service; 2 P38 P39 • The Minnesota Department of Economic Security in any claim for reemployment benefits; • The Worker's Compensation Court in any claim for worker's compensation benefits; • Various insurance companies in any claim for insurance benefits; • Individuals who have obtained a court order for the information; • Participant in any litigation, mediation, veteran's preference hearing, grievance arbitration, or other administrative proceeding that involves the employee; • Labor organizations and the Bureau of Mediation Services. D. Private Data The following personnel data are considered private data on individuals and are not accessible to the public: social security number, age, sex, marital and family status, employee's home address and telephone number, criminal record, race and ethic data, insurance status, references, college transcripts (except for name of institution, degrees, and years attended), reference checks, medical records, psychological examinations, workers' compensation reports, physical limitations related to job, sick leave forms, medical reports, data collected from disciplinary proceedings, opinion questionnaires, names of applicants for employment until finalists are announced, employee assistance programs and exit interview responses. Private data is accessible to the subject employee, the employee's authorized representative, the immediate supervisor and department director, and other City staff persons or officials who have a legitimate need to know such data. 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 answer keys to such instruments are protected non - public data, except pursuant to a valid court order. E. Access to Data • Public Data. Access shall be provided to any person, without regard to the nature of the person's interest. Access must be provided by the Administration or other persons authorized by the City Administrator. Access must be provided within a reasonable time period. Interpretation shall be provided if requested. A fee may be charged for copying and mailing and for the time it takes to collect the information. • Private Data. Access to private data is available only to: (1) the subject of the data; (2) City employees who need access to the data; (3) agencies authorized by state or federal law who need access to specific data; and (4) agencies or individuals with written consent from the subject of the data. Personnel files will be maintained by the Administration Department. 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 city hall business hours. No fees shall be charged in cases where the data subject only wishes to view private data. Fees may be charged for providing copies. 3 • • • 1.6 Minnesota Personnel Record Review and Access Act The Minnesota Personnel Record Review and Access Act provide the following rights and remedies to employees regarding their personnel files: • Employees have a right to review their file, upon a written request made in good faith, once every six months while employed. After termination, employees may review their records once annually for as long as the City maintains the record. The City must comply with an employee's written request to review his or his file within seven work days from date of request. After the review, the employee may request, in writing, a copy of the record at no charge to the employee. If the employee disputes information contained in the record and the City does not agree to remove or revise the disputed information, the employee may submit a written statement of up to five pages explaining the employee's position. This statement will be included in the personnel file for as long as the City maintains it. • If the City violates the statute, employees may bring a civil action to compel compliance and for actual damages and costs. • The City may not retaliate against employees for asserting their rights or remedies under the statute. If the City unlawfully retaliates against an employee, the employee may bring a civil action to compel compliance and for actual damages, back pay, reinstatement, equitable relief, and attorney fees. 4 P40 P41 SECTION 2: DEFINITIONS 2.1 Definitions The following words and phrases will have the meaning as defined herein: 1. Absent without Leave. Any absence of an employee from duty, including any absence for a single day or part of a day, which is not authorized by a specific leave of absence or time off under the provisions of this policy. 2. Administrative Leave. Paid leave granted to an employee, who is the subject of an investigation, when the City Administrator determines it is in the best interest of City employees and the public that the employee be removed from duty until the investigation is complete. 3. Anniversary Date. The month and day of initial hiring or promotion of a regular full -time or regular part-time employee. 4. Child. A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. Child, for the purposes of Family Medical Leave, will be defined in accordance with 29 CFR 825.113. 5. Compensation Plan. A schedule of pay ranges for all job classifications within the City. 6. Computers. Includes desktops, laptops, tablets, notebooks, mobile devices, smart phones, servers, and other network equipment. 7. Domestic Partnerships. Employees may register a domestic partner with the City Administrator. Domestic partnerships apply only to sick leave and funeral leave. 8. Exempt Employee. Executive, administrative, and professional employees who are exempt from overtime pay as defined by the federal Fair Labor Standards Act. 9. Immediate Family Member. An immediate family member shall be defined as spouse, parent, spouse's parent, child, brother, sister, brother -in -law, sister -in -law, niece, nephew, grandparent of the employee or employee's spouse, and grandchild. 10. Job Classification. Refers to the act of assigning a position to its appropriate pay range based on the duties performed and the responsibilities assumed. 11. Non - Exempt Employee. An employee who is not exempt from the provisions of the Fair Labor Standards Act and is subject to overtime pay. 12. Pay Grade. A grouping of positions that are considered substantially equal for pay purposes. 13. Pay Range. A schedule of minimum and maximum pay rates, which are established for each job classification. 14. Job Reclassification. A change in a class of an individual position on the basis of revisions to job duties and responsibilities, which places the position in a higher or lower pay grade. 5 • • • SECTION 3: APPOINTMENTS AND EMPLOYMENT 3.1 Physical & Psychological Examination An applicant or employee appointed to a position must be sufficiently healthy to satisfactorily perform the essential duties and responsibilities of the position. After a conditional offer of employment has been made, applicants may be required to undergo and pass an appropriate health screening, and may be required to undergo a physical and /or psychological examination prior to appointment to a position. The City will pay the total cost of pre - employment examinations. A medical evaluation report shall be prepared and filed in the employee's medical file. If a medical evaluation indicates that an applicant has a mental or physical condition which causes such applicant to be considered a serious health risk, or whenever the applicant is reported to have a condition that may substantially affect the applicant's ability to perform the essential functions of the position, the City may declare the applicant ineligible for consideration for appointment to the position. When an employee is receiving medical treatment, which includes a prescription drug that may affect the employee's ability to perform his or her job duties, the employee has a duty to notify his/her department director of such treatment. 3.2 Background Investigations Upon the request of the City Administrator or designee, the Police Department shall provide certain criminal history data contained in the Minnesota Criminal Justice Information System. This applies only to finalists for City employment. The City Administrator or designee must obtain the consent of the finalists before requesting the data, but an applicant's failure to provide consent may disqualify the applicant from an offer of employment. 3.3 Probationary Period Newly hired full -time and part-time employees will serve a six -month probationary period. During the probationary period, an employee may be transferred or dismissed at the City's sole discretion for any reason. A probationary employee cannot appeal this decision. Prior to the expiration of the probationary period, the employee's performance will be evaluated in writing by the employee's supervisor and given to the City Administrator with a recommendation that the employee be retained or not as a regular employee. The City Administrator may extend the probationary period for specific individuals for an additional six -month period upon the recommendation of the employee's department director. Vacation benefits shall accrue, but are not available to the employee until after successful completion of the probationary period without the permission of the City Administrator. 6 P42 P43 3.4 Work Schedule The regular work week normally consists of 40 hours. The regular 40 -hour work week includes two paid 15- minute breaks each work day. All employees will be provided with one unpaid meal period of 30 minutes each work day. Payment for time worked in excess of the regular work week shall be compensated at 11/2 times the regular rate of pay. This section does not apply to exempt employees. A department director, with approval from the City Administrator, may establish a modified work schedule for an employee if it benefits the City. 3.5 Performance Evaluations Employees generally receive an annual performance appraisal. The purpose of the performance review is to evaluate an employee's performance, to communicate supervisor's expectations, and to establish future goals and objectives. The supervisor will conduct an interview following the written evaluation. The written evaluation shall be filed in each employee's personnel file. An overall evaluation of "satisfactory performance" will be required prior to the granting of any step adjustment. 3.6 Promotions A department director and the City Administrator shall be responsible for determining whether an employee possesses the necessary qualifications for promotion to a particular position. Appropriate tests may be given to aid in this determination. Length of full -time employment with the City will be considered in promotions only when all other qualifications are equal. It shall be the policy of the City to fill vacancies by promoting current employees from within where practicable. This policy shall not be construed to preclude the City from external recruitment and selection of applicants from outside the municipal service, nor as a guarantee of promotion from within to any position for which job openings occur. All promotions shall be subject to a three -month probationary period. If the employee who has been promoted is found unsuited for the position to which promoted, such employee may be reinstated to his/her former position and rate of pay, or to another position in the same class if a vacancy exists. 3.7 Veteran's Preference The City's veteran's preference program shall be in accordance with state and federal law. 7 • • • 3.8 Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) protects qualified individuals with a disability against employment discrimination. The term "disability" includes physical or mental impairments that substantially limit one or more major life activities, or where an individual has a record of impairment or is regarded as having impairment. 3.9 Disciplinary Steps City employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities, including observance of work rules and conditions of employment. It is the policy of the City to administer disciplinary penalties without discrimination. Every disciplinary action shall be for "just cause" and the employee may use the grievance procedures as outlined in Section 3.10 of this Personnel Policy with respect to any disciplinary action that he /she believes is unjust or disproportionate to the offense committed. The City Administrator or a department director may direct an investigation into any alleged violation before any disciplinary action is taken. Any employee subject to the provisions of this policy or any other departmental policy may be terminated from City employment only for cause. The particular dismissal, demotion, or suspension shall be based on the individual facts and circumstances involved. Steps Except for severe infractions, disciplinary action will generally be progressive and follow the steps listed below: 1. Coaching. Any violation of rules and regulations will be explained to the employee by his/her supervisor, indicating the corrective action necessary to prevent recurring violations. 2. Written Reprimand. A written reprimand states that the employee is being disciplined for misconduct, describes the misconduct and past actions taken by the department director or City Administrator to correct the problem, and outlines future disciplinary action if the misconduct continues. The employee shall be given a copy of the reprimand and sign the original acknowledging that he /she has received the reprimand. The employee's signature does not mean that he /she agrees with the reprimand. 3. Suspension without Pay. Prior to the suspension, or as soon thereafter as possible, the employee shall be notified in writing of the reason for the suspension and its duration. Upon the employee's return to work, the employee shall be given a written statement outlining further disciplinary actions should the misconduct continue. An employee may be suspended pending investigation of an allegation. A copy of each written statement shall be placed in the employee's personnel file. If an allegation is proved to be false, the statement will be removed and the employee will receive back pay. 4. Demotion. The City Council may, upon recommendation of the department director and City Administrator, demote an employee for just cause. The employee will be provided with a written statement of the reason for the demotion. The written statement will be 8 P44 P45 furnished to the employee prior to the effective date of the demotion. An employee who is demoted shall not be required to serve a probationary period in the position in which the employee is being demoted. A regular employee who is demoted for disciplinary reasons may appeal the demotion through Section 3.10 of this policy. 5. Paid Administrative Leave. Paid administrative leave is granted in conjunction with an ongoing investigation or any time the City Administrator feels it is in the best interest of employees or members of the public to remove an employee from active duty. 6. Discharge. The City Administrator may discharge a non - probationary employee for just cause only, subject to City Council approval. A discharged employee will be notified at termination that he /she has a right to make a written request for the city's reasons for dismissal. If requested, the City will provide reasons, in writing, within five work days. This notice will provide, along with reasons in writing, rights contained in the veterans' preference law if applicable, a statement indicating that the employee may respond to the charges both orally and in writing, and that he /she may appear personally before the City Council. 3.10 Grievance Procedures It is the policy of the City to prevent the occurrence of grievances insofar as practical and to provide an orderly, efficient, and timely procedure for dealing with those which do occur. The procedure established herein will be followed by an employee in presenting a grievance to the City. Failure to follow the steps within the stated time limits may result in a denial of the grievance on procedural grounds. Steps 1. An employee claiming a violation concerning the interpretation or application of a City policy shall, within 21 calendar days after such alleged violation has occurred, present the grievance in writing to the employee's immediate supervisor. Such written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the policy allegedly violated, and identify the remedy requested. A grievance not resolved in Step 1 shall be appealed to Step 2 within 15 calendar days after the supervisor's response in Step 1. Any grievance not appealed in writing to Step 2 by the employee within 15 calendar days shall be considered waived. 2. A grievance unresolved in Step 1 and appealed to Step 2 shall be submitted in writing to the City Administrator within 15 days. The City Administrator will give an answer to Step 2 within 15 calendar days after receipt. The written response of the City Administrator shall constitute the City's final response to the employee's grievance. 3. If the grievance is not resolved in Step 2, and if the grievance relates to the interpretation of the City's Personnel Policy, the employee may appeal the grievance in writing to the City Council within 15 calendar days of receipt of the City Administrator's response in Step 2. Any grievance not appealed in writing to Step 3 within 15 calendar days shall be considered resolved. If appealed to the City Council, the Council may establish a date for 9 • • • hearing the employee's grievance. Following determination by the City Council, a written response shall be provided to the employee within 15 calendar days of receipt of the written grievance. The written response of the City Council shall constitute the city's final response to the employee's grievance. 4. Employees considered essential employees as defined by FLSA guidelines, not already covered by a collective bargaining agreement are entitled to appeal a grievance, not resolved in Step 3, to the Minnesota Bureau of Mediation Service. The employee has 15 days following receipt of the city's Step 3 answer to submit for mediation. The city will discuss and respond in writing to the Step 3 grievance at the mediation session scheduled by the Bureau of Mediation Services. If the grievance is submitted to mediation and is not resolved, it may be appealed to arbitration within 15 calendar days following the city's Step 3 answer. 5. A grievance unresolved in Step 4 and appealed to Step 5 by the employee shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The employee shall notify the city of its intention to arbitrate the grievance within 15 calendar days following the city's final Step 4 answer. If the parties are unable to agree on the selection of an arbitrator, the employee shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this policy. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the city and the employee, and shall have no authority to make decisions on any other issue not so submitted. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the city and the employee. 10 P46 P47 SECTION 4: COMPENSATION 4.1 Position Classifications The City shall establish and maintain a position classification plan for all positions covered in this policy. Each position with the city shall be assigned to a class on the basis of duties and responsibilities, authority, and complexity of position. The class may contain more than one position. A new class may be added when a new position is created and no class exists for the new position. 4.2 Compensation Plan The pay of City employees will be in accordance with the salary ranges approved by the City Council. The Council may make adjustments to any or all of the salary ranges in the City's compensation plan on an annual basis or for other pertinent reasons such as a job reclassification. Positions in the City's job classification system are assigned a pay range or grade based on the value of the tasks performed. The annual compensation plan is applicable to full -time and part- time employees and does not include elected officials, appointed officials, temporary employees, and those covered by collective bargaining agreements. A new employee may start at any step the salary range based on his/her qualifications and experience at the time of hire. Upon successful completion of the new employee's probationary period, the employee will advance to the next step in their pay range. Employees will be eligible for subsequent step increases annually on their anniversary date. 11 • • • • • • SECTION 5: EMPLOYEE BENEFITS 5.1 Health Care Benefits The City provides a combination of health care benefits, such as medical, dental, long -term disability, and life insurance. Regular full -time and part-time employees are eligible for the health care benefit package commencing on the first day of employment. Employees are responsible for participating in the cost of health care benefits pursuant to the City's annual review of participation levels. Employees who provide proof of insurance through an immediate family member, or who are eligible for Medicare, may waive insurance coverage and receive a monthly cash payment, which is established by the City Council annually. 5.2 Pre -Tax Benefits On the first day of the month following six months of employment, employees are eligible to participate in the City's Health Care and Dependent Day Care Expense Reimbursement Plan. Under this program, employees may authorize the City to deduct, before taxes, expenses associated with the following: 1. Premium Conversion. This plan allows you to automatically pay your portion of the premiums for the City's health and dental insurance program with pre -tax dollars. 2. Health Care Flex Account. The employee may pay eligible "uncovered" medical and dental expenses with pre -tax dollars (e.g. deductibles and eyewear). 3. Dependent Day Care Flex Account. The employee may pay day care expenses with pre- tax dollars. Employees will be reimbursed for expenses incurred during the plan year, which runs from January 1 to December 31. Employees will be advised that money not spent during the plan year will be forfeited according to federal law. 5.3 Health Insurance Continuation (COBRA) The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City's health plan when a "qualifying event" would normally result in the loss of eligibility. Qualifying events include resignation, termination of employment, death of an employee, a reduction in an employee's hours, a leave of absence, an employee's divorce or legal separation, and a dependent child no longer meeting eligibility requirements. Under COBRA, the employee or beneficiary pays the full cost of coverage at the City's group rates plus any additional administrative fee, if applicable. 12 P48 P49 The Finance Department will provide each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for COBRA coverage plan. The notice contains important information about the employee's rights and obligations. 5.4 Deferred Compensation The City will provide regular full -time and part-time employees the opportunity to participate in pre -tax retirement savings program through payroll deductions. This voluntary retirement saving plan is designed to allow tax savings for employees. Full -time employees will be permitted to receive a cash payment for 50 percent of their unused annual sick leave accrual exceeding 720 hours at the conclusion of each calendar year. The balance of the unused sick leave will be added to the employee's sick leave bank up to the maximum accrual of 960 hours. The cash payment will be paid at the conclusion of each calendar year into the employee's designated deferred compensation plan as authorized by the City. 5.5 Long -Term Disability Long -term disability insurance is provided to regular full -time and part-time employees. Long- term disability benefits are available based upon the terms and conditions contained in the contract with the long -term disability insurer. Terms and benefits under the program are subject to change from time to time. 5.6 Safety Committee The City of Lino Lakes recognizes its responsibility to provide the safest conditions for its employees by ensuring all reasonable safeguards are established in the workplace. Employees are responsible for observing all safety rules and for using all available safety equipment. Employees are also responsible for reporting any unsafe condition to their supervisor. The efficiency of any municipal operation can be measured directly by its ability to control unnecessary loss. To that end, the Lino Lakes Safety Committee was established. The Safety Committee is made up of employees who meet and examine the City's policies and procedures and review accident and injury reports. The Safety Committee also reviews and updates the City of Lino Lakes Safety Policies and Rules. 5.7 Employee Wellness Employees may convert accrued sick leave or PTO leave to pay for their monthly health club membership dues up to a maximum of $60 per month, provided that the employee maintains a sick leave balance or PTO balance of 80 hours. 13 • • • Reimbursements are made on a monthly basis upon receipt of a completed form and evidence of payment to the health club. Forms are available in the Finance Department. The reimbursement is subject to federal, state and FICA tax withholdings. 5.8 Employee Assistance Program (EAP) Understanding that an employee's personal life may affect job performance, the City has contracted with an insurance provider to offer an Employee Assistance Program. This program is available to full and part-time employees and their immediate family members. Individuals can call a toll -free number 24 hours a day any day of the year and speak with a professional counselor who will assess the personal or family issue and provide ideas for resolution. 5.9 Computer Purchase Plan The Computer Purchase Plan is designed to assist employees and elected officials with the purchase and financing of laptops, tablets, desktop computers, and peripherals (e.g. routers, keypads, printers) so that City staff and officials can utilize the latest computing technology away from work and outside of normal working hours. Participation Participants must agree to comply with the requirements and provisions of the plan as set forth herein: • All regular, non - probationary employees and elected officials are eligible to participate in this plan. • This program is limited to 15 participants per year. • The City will finance up to $1,000 per participant, interest free. Repayment will be made through a payroll deduction. • The term of the loan shall not exceed 24 months. Participants may not take out a second loan if there is still a balance on another loan. • Upon selection of a computer package, the order must be approved by the Finance Director. If the order exceeds $1,000, the participant must submit payment for the balance before the order is made. • When the order is finalized with the purchase amount, the participant will be required to read and sign the Participation and Loan Agreement before the order is placed by the City. • The plan's continued availability will be dependent upon budgetary considerations. • At the time of separation from employment with the City or termination of office, any unpaid balance must be paid in full. If the participant defaults on repayment, the equipment must be returned to the City and the amount paid to date will not be refunded. 14 P50 P51 5.10 Post Employment Health Care Saving Account The City has established a Post Employment Health Care Savings Account (HCSA) for eligible non -union employees. The purpose of this program is to allow employees to save money on a tax - free basis to pay for health- related expenses after separation from service with the City. The terms for participation are as follows: 1. Participation. All non -union employees are required to participate in the HCSA program. 2. Unused Compensation. Any unused vacation, sick leave, or personnel time off (PTO) severance pay will be contributed into the HCSA upon termination. 3. Salary Contributions. Eligible non -union employees having 25 years of PERA membership shall contribute three percent of their salary into their HCSA. Those with less than 25 years of PERA membership shall contribute two percent of their salary into the HCSA. Contributions shall be calculated and submitted each pay period. All other terms and conditions of this plan are outlined in the plan documents. 5.11 College Savings Plan Regular full -time and part-time employees may elect to contribute to the 529 Minnesota College Savings Plan through payroll deductions. The plan has special tax advantages that are designed to help college savings grow. All investment earnings and gains are income tax -free if used to pay for qualified higher education expenses. The Finance Department has more information on the 529 Minnesota College Savings Plan. 15 • • • SECTION 6: ATTENDANCE AND LEAVES 6.1 Holidays Regular full -time and part-time employees are entitled to the holidays described herein. Part- time employees received a prorata amount based on the number of hours worked each week. Temporary employees are not entitled to holiday pay. New Years' Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day New Year's Eve Day When a holiday falls on a Sunday, the following Monday is considered the holiday. When a holiday falls on a Saturday, the preceding Friday is considered a holiday. In order to be eligible for paid holidays, employees must work on the day before and the day after such holiday, unless on paid leave. 6.2 Vacation Leave Vacation leave with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. No employee shall be permitted to waive such leave for the purpose of receiving double pay. Probationary and regular full -time employees earn paid vacation time according to the following schedule. Probationary employees may not take vacation during their probationary period without prior approval of the department director. Years of Continuous Service Per Year Per Pav Period Start through 4th Year 80 hours 3.08 hours Beginning 5th Year 120 hours 4.62 hours Beginning 11 a' Year 128 hours 4.92 hours Beginning 12th Year 136 hours 5.23 hours Beginning 13th Year 144 hours 5.54 hours Beginning 14th Year 152 hours 5.85 hours Beginning 15th Year 160 hours 6.15 hours Beginning 16th Year 168 hours 6.46 hours Beginning 17th Year 176 hours 6.77 hours Beginning 18th Year 184 hours 7.08 hours Beginning 19th Year 192 hours 7.38 hours Beginning 20th Year 200 hours 7.69 hours 16 P52 P53 Employees may not carry over more than 240 hours of accrued vacation into the next calendar year without approval from the City Administrator. Employees may elect to use accrued vacation at the end of their employment with the City. 6.3 Sick Leave Sick leave is accrued by all full -time employees at the rate of 3.69 hours per pay period. The maximum accumulation is 960 hours. In order to be eligible for sick leave with pay, an employee: • Shall report promptly to their department supervisor the reason for the absence. • Shall present a doctor's slip after three consecutive days absent from work. Regular part-time employees accrue sick leave on a pro rata basis. [See also Deferred Compensation Section 5.4 and Severance Section 9.4 for applicability to sick leave.] 6.4 Leave Donation Program The purpose of this program is to provide an opportunity for employees to voluntarily donate a portion of their accrued vacation, sick leave, or compensatory time to assist an employee who has exhausted paid leave due to a serious illness, injury, or impairment. A. Program Eligibility Only regular, non - probationary employees may participate in this program as a leave donor or recipient. An employee may request donated leave to care for an "immediate family" member when he or she is within one pay period of depleting all paid leave and is expected to be absent from work for more than five work days after exhausting all paid leave. To be eligible to donate leave time to another employee, the donating employee shall maintain a minimum leave balance as set forth in this policy. B. Leave Recipient Conditions The terms and conditions governing the Leave Donation Program are as follows: 1. Recipients must provide documentation to Administration from a treating physician regarding the illness or injury and the expected duration of the condition. 2. No employee will be allowed to receive more than 400 hours of donated leave for any serious health condition. This cap is prorated for part-time employees based on full -time equivalency status. 3. An employee is eligible to receive donated leave one time in a 12 -month period. 4. No employee who has historically maintained a minimal sick leave balance, or who has previously been warned or disciplined for abusing sick leave, will be eligible to receive donations. 17 • • 5. Nothing in this policy will be construed to limit or extend the maximum allowable absence under the Family Medical Leave Act (FMLA). C. Leave Donor Conditions 1. Employees may donate a minimum of eight hours or a maximum of 40 hours paid leave provided they maintain a minimum balance of 80 hours of sick leave and 40 hours of vacation leave. 2. Employees who donate leave shall adhere to the confidentiality requirement set forth within the Leave Donation Form. Donations will remain anonymous to the recipient and other employees. 3. No provisions of this policy or its administration shall be subject to a grievance under a collective bargaining agreement. D. Administrative Procedures 1. Eligible employees wishing to participate in this program should contact Administration and request a "Donated Leave Request Form." If the employee is physically unable to apply, a member of the applicant's family may apply on his or her behalf. 2. Appropriate documentation concerning the nature, severity, and anticipated duration of the medical condition is required with the Donated Leave Request Form. 3. If the employee is found to be eligible for donated leave, Administration will notify employees only giving the person's name and estimated number of days needed. The notification shall not include confidential medical information. 4. Employees wishing to donate accrued leave shall submit a Leave Donation Authorization Form to Administration. 5. Each hour of donor leave will be credited as an hour of leave for the recipient, regardless of any differences in pay levels. 6. Finance will subtract surrendered leave from the donor's accrued balance and credit the donated hours to the recipient's sick leave balance. 7. Donated leave hours will be processed in the order of the date on the Leave Donation Program Authorization Form in eight hour increments, starting with the recipient's department. Unused donated leave in will be returned to the donor. If there are multiple donors, the excess leave will be returned on a prorated basis according to the amounts donated. 8. Recipients will continue to accrue sick leave and vacation during the period of donated leave. The recipient's accrued paid leave during the absence shall be utilized prior to the donated leave. E. Program Exceptions Exceptions to these requirements may be approved by the City Administrator in rare circumstances. The City Administrator shall have the right to deny or limit the donation of leave or use of donated leave if it is determined to be in the best interests of the City of Lino Lakes. 18 P54 P55 F. Program Parameters The City reserves the right to modify or discontinue this policy at any time, with or without notice. No employee will be guaranteed access to donated leave and any employee may be denied based on the administrative discretion of the City of Lino Lakes. G. Confidentiality All information provided in leave donation request applications, leave donation forms, verification of medical conditions, and additional related information is confidential. 6.5 Workers' Compensation The City provides a comprehensive workers' compensation insurance program in accordance with Minnesota law. The City's policy regarding workers' compensation is as follows: 1. Workers' compensation benefits take effect after a waiting period of three calendar days following an on the job injury. Any time lost within the first three calendar days due to an injury will be paid through an employee's sick leave accrual. If no sick leave is available, any lost time will be without pay. 2. If time away from work due to the job- related injury extends beyond three calendar days, workers compensation pay will begin for those scheduled work days lost beginning on day four. If time away from work extends ten calendar days, workers' compensation will pay the initial three -day waiting period. The City will reimburse the employee for sick leave used during the initial waiting period. 3. All doctor appointments and long -term therapy appointments due to a work - related injury will be treated as leave without pay, with workers' compensation paid directly to the employee. 4. The City will pay the difference between an employee's gross salary and any workers' compensation reimbursement. This difference will be paid for consecutive lost time for any time over the three -day waiting period. The City will not pay the difference for doctor or therapy appointments. 5. An employee who sustains a work - related injury or illness must inform their supervisor immediately. A First Report of Injury form must be filed with the City. 6. Neither the City nor its insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee's voluntary participation in off -duty recreational, social, or athletic activities sponsored by the City. 6.6 Sick Child /School Child Leave In accordance with state law, the City provides the following leave for eligible employees. An eligible employee is any regular full -time or part-time employee who has been employed with the City for 12 months and has worked a minimum of 20 hours per week. For this section, "child" is 19 • • • • • defined as being less than 18 years of age, or under 20 years of age and attending secondary school. 1. Sick Child. City employees may use sick leave for absences due to the illness of a child in the same way that employees are able to use sick leave for their own illness. 2. School Child. City employees are granted up to 16 hours per school year to attend their child's school conferences or classroom activities when they cannot be scheduled during non -work hours. Employees may take unpaid time or use paid leave for this purpose. 6.7 Funeral Leave Paid funeral leave of up to three days may be granted for the death of an immediate family member, subject to approval of the department director or City Administrator. 6.8 Military Leave Military leaves of absence and re- employment rights of employees returning from active service with the armed forces shall be subject to applicable federal and state laws. Upon return from military leave of absence, a regular employee shall be reinstated to the employee's former position or to a position of like status and pay, provided that the employee is competent to perform all duties of the position to which assigned. If the position held by the employee no longer exists, the employee shall be reinstated to a position of like status and pay, provided it is practicable and the employee is competent to perform all duties of the position. 6.9 Time off to Vote Employees who are eligible to vote in an election have the right to be absent from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election without penalty or a wage deduction. 6.10 Jury Duty Employees called to serve as a juror, or subpoenaed as a court witness, shall receive their regular pay as if they were working. Any compensation the employee may receive as a result of jury duty or a witness fee, excluding mileage reimbursement if provided by the court, shall be turned over to the City. Employees are expected to report to work when they are released from court during regular office hours when practicable, and to make every effort to complete the work assigned to them during the time they are serving as jurors or witnesses. 20 P56 P57 6.11 Serving as an Election Judge An employee who has been selected to be an election judge may be absent from work without penalty while serving as an election judge. In addition to a 20 -day written notice, the employee will also submit a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. The City will pay the difference between the employee's regular pay and the pay received for serving as an election judge. The employee may retain mileage expenses, if applicable. The city may restrict the number of employees who are absent from work to no more than 20 percent of the total work force at any single work site. Employees should check the "other allowable leave" portion of the Authorization for Time Off card, and write in "election judge." 6.12 Family Medical Leave Act (FMLA) Pursuant to the Family Medical Leave Act of 1993, the City provides up to 12 weeks of unpaid leave to eligible employees for reasons related to medical and family care. A. Eligible Employees Employees are eligible for family or medical leave if an employee has worked for the City for at least 12 months and worked at least 1,250 hours during the 12 months preceding the start of the leave. National Guard reservists returning from active duty will have their active time counted toward FMLA - eligibility. B. Qualifying Events An eligible employee will be granted up to 12 weeks leave during any 12 -month period for any of the following qualifying events: 1. Birth of a child or placement of a child with the employee for adoption or foster care. This entitlement expires 12 months after the birth or placement. 2. To care for a spouse, child, stepchild, or parent who has a serious health condition. This includes psychological, physical care, and sharing care duties. A child is defined as a person less than 18 years of age (or a person incapable of self -care because of a physical or mental disability) who is biological, adopted, a foster child or step child, ward of the employee, or a person with whom the employee is charged with parental rights. An eligible parent includes a biological parent or a person who was charged with parental rights, duties, and responsibilities over the employee when the employee was under the legal age, but does not include in -laws. 3. Because of a serious health condition making the employee unable to perform the essential functions of their position. "Serious health condition" is defined in Federal law 29 C.F.R. 825.116, but generally includes incapacity requiring absence from work or more than five days that also involves continuing treatment by a health care provider (also includes prenatal care). 21 • • • • • • C. Notice Requirements Thirty (30) days written notice is required if the leave is foreseeable. If 30 days notice is not possible, as much notice as is practical must be given. Planned medical treatments should be scheduled so that they will not unduly disrupt the City's operations. D. Insurance Benefits Health insurance coverage will be continued at the same level and under the same terms as if the employee continued working. Arrangements for payment of the employee's portion of premiums must be made by the employee through the Finance Department. In an employee fails to return from FMLA leave for reasons other than the continuation of the serious health condition of the employee or covered family member, the City may seek reimbursement for the premiums paid for group insurance benefits during the period of unpaid leave. E. Intermittent/Reduced Schedule 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. Intermittent leave or a reduced schedule is not permitted for the birth, placement, or adoption of a child. F. Use of Accrued Sick Leave, Vacation, and PTO During the family and medical leave, employees are required to use accrued vacation, personnel time off (PTO), or sick leave prior to taking unpaid leave, except where the leave also qualifies for parental leave. Employees are not required to substitute compensatory time for unpaid leave. When sick, vacation, or PTO leave have been exhausted, any remaining time will be unpaid. Unpaid hours will not count towards seniority. G. Medical Certification Certification by a physician is required for FMLA leave due to a serious health condition or that of a child, step - child, parent, or spouse. The medical certification form must include the following information: (1) date that the qualifying event started; (2) duration of the qualifying event; (3) appropriate medical facts; and (4) purpose the leave is needed. Administration may request additional medical information that provides an updated status of the employee's or family member's serious health condition and date of return. A second opinion from another health care provider may be requested by the City. If requested, the City will pay for the cost of a second opinion and will select a health care provider not regularly associated with the City. A "Certificate of Physician or Practitioner" form can be obtained from the payroll office located in the Finance Department. H. Health Care Providers "Health care providers" are defined a doctors of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse - midwives, clinical social workers (within certain limitations), Christian Science practitioners, a health care provider recognized by the City's group health plan, and a health care provider as defined above who 22 P58 P59 practices and is licensed in a country other than the United States. [Refer to 29 C.F.R. 825.118 for a complete list.] I. Recertification Recertification will be required if the employee requests an extension of the original length approved by the City or if the employee's circumstances change. Recertification may also be required if there is a question as to the validity of the certification if the employee is unable to return to work due to the serious health condition. J. Fitness for Duty Certification The City requires a medical certificate attesting to the employee's fitness for duty prior to the employee's 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 Americans with Disabilities Act (ADA). The City will deny reinstatement until a fitness for duty certificate is provided. K. Record Retention Records on FMLA leave will be kept along with normal payroll records except that any medical record will be maintained separately in the employee's medical record file. L. Affect on Pension FMLA leave counts as continued service for purposes of retirement or pension plans. M. Reinstatement Employees returning from FMLA leave will return to their same position or an equivalent position upon return from FMLA leave (employees returning from FMLA leave due to a child with a serious health condition will be returned to the same position). 6.13 Parental Leave An employee who works 20 or more hours per week and has been employed more than 12 months is 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 weeks after the birth or adoption of the child. 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 will remain in effect during the leave. If the employee has any FMLA leave eligibility remaining at the time this leave commences, this leave will also count towards FMLA leave. The two leaves will run concurrently until the 12 -week FMLA eligibility is exhausted. Employees may use accrued sick leave for either FMLA leave or Parental Leave. However, use of accrued sick leave is not required for the portion of leave counted as parental leave. 23 • • • 6.14 Personal Leave of Absence The city provides leaves of absence without pay to regular full -time and part-time employees who wish to take time off from work to fulfill personal obligations unrelated to family or medically - related circumstances not covered by existing law. As soon as eligible employees become aware of the need for a personal leave of absence, they should request a leave in writing from their department director. Upon an affirmative recommendation from the department director, the City Administrator may approve a personal leave that does not exceed 90 days. Personal leave of up to one year, excluding military service or disability incurred while in the service of the City, requires City Council action. The minimum period for a personal leave shall be two weeks. Requests for personal leave will be evaluated based on a number of factors, including anticipated work load requirements, reasons for the requested leave, and staffing considerations during the proposed period of absence. Vacation and sick leave accruals, seniority, and paid holidays will be suspended during the leave and will resume upon return to active employment. All City contributions towards employee insurance coverage's will cease for non - medical leaves without pay. Insurance benefits may continue if fully subsidized by the employee through COBRA. If the employee chooses not to continue insurance coverage during a non - medical leave of absence, reinstatement into the group insurance program will be subject to any conditions imposed by the insurance provider. When personal leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. However, the City cannot guarantee reinstatement in all cases. If an employee fails to report to work promptly at the expiration of the approved leave period, the City will assume the employee has resigned. 6.15 Leave without Pay Regular full -time and part-time employees may request a leave without pay to attend to personal business without affecting their employment status. This leave needs to be approved in advance by the employee's department director. The maximum number of hours an employee may take leave without pay shall be 80 hours in one calendar year. 6.16 Bone Marrow Donation Leave A regular or probationary full -time or part-time employee who averages 20 or more hours per week who seeks to undergo a medical procedure to donate bone marrow will be granted up to 40 hours of paid leave. The city may require verification by a physician of the purpose and length of each leave requested. 24 P60 P61 6.17 Absence without Leave Any absence of an employee from duty for one day or part of a day that is not authorized by a specific leave of absence or time off under the provision of this policy shall be deemed an absence without leave. Any such absence shall be without pay and may be subject to disciplinary action. Any employee absent without leave for three consecutive days shall be deemed to have voluntarily resigned. 6.18 Severe Weather A severe weather condition is defined as a period when the City Administrator, upon consultation with the Public Services Director, deems travel to be hazardous. On days where severe weather conditions exist, the City's policy is to keep its offices and facilities open during regular work hours. In the event that a non - exempt employee is unable to report to work or wishes to leave early due to the existence of severe weather conditions, that employee may use accrued vacation, compensatory time, sick leave, or take time -off without pay for the hours not at work. Exempt employees are not required to use accrued paid leave for hours less than a half day. Essential or public works employees are exempt from this provision. 6.19 Personal Time Off (PTO) Leave Paid time -off benefits are currently separated into planned (vacation) and unplanned (sick leave) components. The personal time off (PTO) program combines these benefits into a single pool of paid time off benefits. A. Implementation Effective July 1, 2012, PTO leave will be implemented for benefit - earning employees who elect to receive such paid time off benefits. This policy replaces other paid leave provisions, which generally includes vacation and sick leave. PTO can be utilized for any purpose, subject only to necessary request and approval procedures consistent with City and departmental policies. B. Accrual Rates for Full-Time Employees Effective July 1, 2012, eligible full -time employees may elect to accrue personal time off based on the schedule below. A part-time employee who works a minimum of 20 hours per week accrues PTO on a prorated basis according to the number of hours budgeted for that position. Years of Service 0 -4 5 -10 11 12 13 14 15 Hours Earned Each Pay Period 4.615 6.153 6.461 6.769 7.076 7.384 7.692 Annual Accrual in Hours per Year 120 160 168 176 184 192 200 25 Days 15 20 21 22 23 24 25 16 8.000 208 26 41) 17 8.307 216 27 18 8.615 224 28 19 8.923 232 29 20+ 9.230 240 30 PTO is accrued each pay period. The PTO year for each new employee will begin on the date of employment with the City, or if there is a change of status, on the date the employee is eligible for PTO. • • Employees may not use personal time off until it has been credited to the employee's bank in the payroll system. Personal leave may be used in increments of % hour or more. The maximum amount of personal leave that can be carried into the next year is 600 hours. C. Use of Personal Time Off This PTO policy encourages advance planning of absences from work. To ensure necessary departmental coverage, non - emergency (planned) use of PTO should be requested in advance. Employees should give their supervisor advance notice equal to the amount of requested time off. Unplanned use of PTO may require documentation and requires notice within a timely manner of your scheduled work day. Established departmental rules and requirements concerning employee absences from work will be applied. In order to allow coordination of PTO with Family Medical Leave, employees seeking to use PTO may be required to provide pertinent information as to the purpose of the time off to allow a determination of whether the time will also qualify for Family and Medical Leave. If the PTO qualifies for Family and Medical Leave, the employee must take both leaves simultaneously. Probationary employees may use no more than 24 hours of PTO during the first six months of their probationary period without the approval of the City Administrator. This provision does not apply to employees serving a probationary period following a promotion, transfer, or demotion. D. General Provisions 1. Maximum Accrual. An employee may not carry over more than 600 hours of PTO from one year to the next unless a written request has been submitted to and approved by the City Administrator prior to December 15. Such waiver may be considered in the event of a special circumstance. 2. Denial of PTO Leave. A department director may deny a request for planned PTO leave when granting such leave would result in insufficient personnel to carry out necessary functions of the City. 3. Impact on Other Benefits. Employees using PTO will be considered working for the purpose of accumulating additional personal leave. The City will continue to make its contribution toward an employee's group insurance benefits. PTO will not continue to accrue during a suspension or while an employee is on an unpaid leave of absence. 26 P62 P63 E. Conversion of Vacation Days and Sick Leave Accruals For employees who convert to the PTO plan, all accrued vacation leave (at hour for hour) and 1/2 of accrued sick leave (480 hours maximum) will be converted to PTO leave up to a balance of 600 hours. Unconverted sick leave will be placed into an extended illness leave bank. F. Severance Payment Upon separation, employees will be compensated for any unused PTO balance provided the employee leaves the City in good standing. G. Extended Illness Leave Effective July 1, 2012, all regular benefit - earning employees who elect to participate in the PTO plan will convert to the extended illness leave plan. The extended illness leave bank is designed to protect an employee's PTO balance in the event of an illness or injury of more than two weeks. An employee may access extended illness leave in the event of an illness or injury, which extends beyond 10 work days. H. Definitions of Extended Illness Leave For the purposes of this extended illness leave policy, the following terms are defined as provided below. 1. Extended illness leave is an authorized absence from duty with pay that is granted to benefit - earning employees who have successfully completed the probationary period of employment with the City and who become ill or disabled for more than 10 work days. 2. Extended illness means a state of incapacity due to personal illness, or accidental bodily injury, which requires medical treatment by a licensed physician or health care provider and prevents an employee from performing the duties of his/her position. Extended illness leave may also be used by an employee to provide care to a family member during periods of illness in accordance with the provisions of this policy. If an employee exhausts his/her personal leave balance, extended illness leave will run concurrent with an authorized FMLA leave. 3. Extended illness leave is not a right an employee may exercise at the employee's discretion. Extended illness leave will be allowed by the City only in the case of verified necessity and actual need. The purpose of any extended illness leave is to provide income continuation during that period of time when the employee is unable to substantially perform the duties of his/her position. I. Extended Illness Leave Accrual Extended illness leave will be accrued from date of hire at the rate of two hours per pay period (52 hours per year to maximum of 520 hours). If an employee uses extended illness leave after attaining the full accrual of 520 hours, he /she will continue to accrue extended illness leave at two hours per pay period until reaching the maximum 520 -hour accrual. J. Administration of Extended Illness Leave Extended illness leave can be used only if an employee is on leave due to a certified illness or injury for 10 consecutive work days, except as provided below. Such extended illness leave will be administered as described below. 27 • • • 1. Employees may not use extended illness leave until it has been credited to the employee's bank in the payroll system. 2. To be eligible to receive extended illness leave benefits, an employee will inform his or her department director or Administration of his or her need to take extended illness leave. Employees are required to keep the City informed on a regular basis of their status to remain eligible for paid benefits. 3. The City reserves the right to have its own physician examine the employee periodically to render an opinion on whether the employee is able to return to work. If an employee is deemed to be able to resume productive work for the City, the employee will be directed to report to an appropriate work assignment. If the employee fails to report for work as directed, paid benefits may be terminated. 4. When an employee requests extended illness leave a physician's statement may be required by the City prior to the employee's return to work. The physician's statement must indicate the nature and length of the disability, any restrictions which the disability places upon the employee's ability to perform the work, and attest to the employee's ability to return to work. An employee who has been asked to provide such a statement will not continue receiving benefits until he /she has complied with this provision. 5. If an employee exhausts PTO leave before the l0 -day "waiting period" has been completed during a period of incapacity (as defined in this policy), extended illness leave will not be granted until after the 10 -day waiting period. 6. An employee who makes a false claim for extended illness leave benefits will be subject to disciplinary measures. 7. While receiving paid benefits under this section the employee will continue to accrue PTO leave and receive the City's contribution for health and dental insurance. 8. Extended illness leave balances will not be converted to any other form, such as severance pay, a health care savings account, or paid time off. 28 P64 P65 SECTION 7: EDUCATION AND EXPENSE REIMBURSEMENT • 7.1 Tuition Reimbursement The City provides financial support to employees for educational courses taken at accredited academic institutions to enhance their professional development and to improve their job skills. This policy is an IRS tax - exempt program. Full -time, non - probationary employees are eligible for this program. Eligibility for reimbursement of courses will be based on relevancy to the employee's current position and the availability of budgeted funds. The City may reimburse eligible employees upon presentation of the final grades in accordance with the following schedule: Grade of "A" 75% of tuition Grade of `B" 75% of tuition Grade of "C" 75% of tuition Grade of "D" 0% of tuition Grade of "F" 0% of tuition Grade of Pass or Fail 75% of tuition for "passing" In the event that an eligible employee receives a grade of "incomplete," no refund will be forthcoming until a final grade is earned. When the requisite course is completed and a final grade is issued, the employee will be reimbursed in accordance with the above schedule. A maximum of $3,750 per calendar year will be reimbursed for tuition only. Charges for textbooks, school supplies, activity fees, or other costs are not reimbursable. As a condition of this program, the employee must agree to pay back 100% of the amount reimbursed for the 12 -month period preceding the employee's termination date if the employee voluntarily resigns his/her position with the City of Lino Lakes. Eligible employees who receive assistance from other sources are eligible for reimbursement only if the cost of the tuition exceeds the amount of assistance received. No reimbursement will be made without prior approval from the employee's department director and the City Administrator. 7.2 Travel Reimbursement Employees who are authorized to travel for work - related purposes may be reimbursed for the actual cost of travel, meals, lodging, and other reasonable and necessary expenses. Eligible City employees include regular full -time and part-time employees and elected or appointed officials. It is the City's policy to prepay registration or out -of -state transportation costs whenever possible. 29 • • • • A. Approvals and Advances Employee traveling overnight or outside the state must obtain prior approval by the department director, City Administrator, or City Council, whichever is applicable. Cash advances to defray expenses during authorized travel and conference attendance prior to the submission of an expense voucher must be approved by the City Council and shall be in an amount commensurate with expected needs. Requests for a travel advance should be made no later than seven days prior to departure. Unused travel advances must be returned to the City within five days after returning to work. B. Transportation Employees who use a personal vehicle for City business will be compensated for each mile driven at the IRS maximum rate for mileage. Transportation to and from work is not eligible for mileage reimbursement. Employees traveling outside the state will be reimbursed only for an economy class airline ticket. Automobile travel may be authorized in lieu of commercial transportation, but the total cost, including meals and lodging while traveling, shall not exceed the cost of a single round -trip economy class airline ticket to the conference location. The cost of a rental car may be reimbursable with prior approval of the City Administrator if transportation is necessary to and from the conference or if there is a cost savings to the City. Reasonable expenses for taxi and transfer service, hotel gratuity, parking, and other related travel expenses will be reimbursed with a proper receipt. Employees are responsible for accurately documenting mileage and travel expense claims. C. Meals Meals are reimbursable for overnight or out -of -state travel, which are not included in the registration fee for any event. The maximum daily per diem for meals is $50.00, including gratuities. The per diem guidelines for meals are as follows: $10.00 for breakfast, $15.00 for lunch, and $25.00 for dinner. Submission of a receipt is not required unless the per diem allowance is not adequate to cover the cost of a meal. Any reimbursement which exceeds the per diem must be approved by the City Administrator. The City will not reimburse for alcoholic beverages. D. Lodging The City will only reimburse for a single hotel accommodation rate, which is conveniently located near the conference. Lodging the night before the beginning of a conference is reimbursable. Lodging for conferences within the seven- county Twin Cities metropolitan area will be not reimbursed. Employee shall pay any additional costs for spouse and children. E. Expenses and Reports All travel expense vouchers must be submitted to the Finance Department within 30 days of the conference, seminar, or meeting. Expense receipts must accompany the voucher upon submission. Expenses not accompanied by a receipt will not be reimbursed. 30 P66 P67 7.3 Mobile Phones The City of Lino Lakes recognizes that cell phones and smart phone devices are tools needed to efficiently conduct City business. Issuance of a City -owned mobile phone or the payment of a mobile phone stipend serves a public purpose in providing employees with the ability to more effectively perform job - related duties in providing service to residents. The City Administrator or department director will determine which positions require a mobile phone and whether the needs are best served through issuance of a City -owned mobile phone or through a City -paid taxable monthly stipend for using their personal mobile phones. An employee who has been provided a City -owned mobile device must have it available during business hours, emergency responses, and other times as required. A taxable monthly stipend of $30 will be provided to employees who use their personal smart phone and need to remotely access network information and respond to email while out of the office. Employees who are provided a monthly stipend are responsible for all costs associated with the purchase, maintenance, replacement, and upgrade of their mobile device and for the cost of personal cellular service agreements. 31 • • • • • • SECTION 8: CONDUCT AND ETHICS 8.1 Conduct as a City Employee Chapter 204 of the Lino Lakes City Code outlines a Code of Conduct that applies to all "elected, appointed, and hired officials and employees of the City." Public officials and employees hold office for the benefit of the public. Elected officials and employees are expected to support and uphold the objectives of the electorate and the policies that support those objectives. Standards of conduct are as follows: A. Disclosure of Confidential Information No person covered by this code shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the City, nor shall a person use such information to advance their own financial or private interests or for any other person. B. Gifts Employees are prohibited from soliciting or accepting any gift or gratuity for more than $5.00 from any interested person, whether in the form of money, services, loan, travel, entertainment, hospitality, promise or any other form. Any "interested person" is any person who has a direct financial or economic interest in a decision that a City employee is authorized to make. C. Private Interests No person covered by this code shall appear on behalf of another's private interest before the council or a committee, commission or agency of the City, nor shall he or she represent another private interest in any action or proceeding against the interest of the City in which the City is a party. D. Privileges Persons covered by this code are prohibited from using their position to secure special privileges or exemptions. E. City Property No person covered by this code shall request or permit the use of city -owned vehicles, equipment, materials, or property for personal convenience or profit unless provided in City policy for use by officials or employees in the conduct of official business. F. Equal Treatment No person covered by this code shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen. 32 P68 P69 8.2 Political Activity State law prohibits the City from imposing or enforcing limitations on the political activities of City employees beyond those established by state law. Employees are not prohibited from participating in local election campaigns or seeking appointment to public office. No City employee or official may use their official authority or influence to compel a person to apply for membership in or become a member of a political organization, to pay or promise to pay a political contribution, or to take part in a political activity. An employee elected to a public office may be required to resign or take a leave of absence if the duties of the elected office interfere with the employee's duties as a City employee. 8.3 Conflict of Interest The credibility of municipal government is based upon the confidence citizens have in how public employees and officials render fair and impartial services to all citizens without regard to personal interest or political influence. City employees and officials must avoid any activity that suggests a conflict of interest between their private interests and City responsibilities. When an employee believes the potential for a conflict of interest exists, it shall be the employee's responsibility to avoid the situation. 8.4 Nepotism Employment with the City is based on merit and ability. Whenever possible, no appointment will be made to an immediate family member of an elected official or employee of the City if the appointment is inconsistent with City policy. This provision does not apply to marital status, as protected under the Minnesota Human Rights Act. Family members eligible for employment with the City may be hired only if they will not be working directly for or supervising a relative, or will not occupy a position in the same line of authority within the organization. 8.5 Omnibus Child Support Enforcement Act The City of Lino Lakes complies with the guidelines established in the Omnibus Child Support Enforcement Act. Within 15 days of being hired, the City will submit certain information about the new employee to the Department of Human Services. Individuals are also required to voluntarily disclose information regarding court- medical support obligations. 8.6 Workplace Harassment The City of Lino Lakes is committed to creating and maintaining a comfortable and productive work environment free of harassment and discrimination. Employees must be free to exercise their duties without fear of verbal or physical intimidation or duress. The city realizes the 33 • • • seriousness of harassment and expresses its earnest desire to prevent the occurrence of such incidents. Title 7 of the Federal Civil Rights Act of 1964 and Chapter 363 of Minnesota State Statutes prohibit discrimination and harassment in the workplace. It is the policy of the City of Lino Lakes to maintain an environment that is free from offensive conduct, harassment, and discrimination based on race, national origin, gender, religion, disability, age, marital status, sexual orientation, or status with regard to public assistance. It shall be a violation of this policy for any employee, agent, officer, council member or other City official to engage in offensive or harassing verbal or physical conduct of a sexual nature or regarding race, national origin, gender, religion, disability, age, marital status, sexual orientation, or status with regard to public assistance. The City will investigate all complaints of offensive, harassing, or violent conduct of a sexual nature to the extent evidence is available to verify the alleged harassment or any related retaliation. Sexual Harassment Prevention It is the City's goal to provide employees with a workplace free from sexual harassment and conduct that leads to claims of sexual harassment. Because sexual harassment is sometimes difficult for employees to recognize, the following definition, as defined by the Equal Employment Opportunity Commission (EEOC), is provided: Sexual or gender -based offensive conduct or harassment includes unwelcome physical or verbal conduct directed at an individual because of gender, unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or communication of a sexual nature when: (1) it a condition of hiring or promotion; (2) it becomes a factor in an employee's job duties or assignment; or (3) it creates an intimidating, hostile, or offensive environment in which to work. 8.7 Reporting Workplace Harassment Any person who believes he or she have been the victim of offensive conduct of a sexual nature or harassment based on race, national origin, gender, religion, disability, age, marital status, sexual orientation, or status with regard to public assistance, should report the alleged conduct immediately to the appropriate person, such as the department director or City Administrator. In addition to notifying management, the employee is also urged to document any further harassment or reprisals that occur after the complaint is made. The City encourages the reporting party or complainant to use the report form available from the City Administrator's office or available from the department director, but oral reports are considered complaints as well. Depending on the nature of the complaint, the City may take immediate steps, at its discretion, to protect the complainant and other employees or members of the public pending the completion of an investigation. 34 P70 P71 8.8 Drug and Alcohol Testing The City of Lino Lakes has a vital interest in maintaining safe, healthful, and efficient working conditions for employees and recognizes that individuals who are impaired because of a controlled substance jeopardize the health and safety of employees and the public. It is the policy of the City to provide a drug and alcohol -free work environment. A. Definitions 1. Collection Site. A place designated by the City where employees with commercial driver's licenses present themselves for the purpose of providing a specimen of their urine or to take a breath test to be analyzed for the presence of alcohol. 2. Controlled Substance. Those substances identified in 49 C.F.R. § 40.21(a), which includes marijuana, amphetamines, opiates, (including heroin), phencyclidine (PCP), cocaine, and any of their metabolites within this definition. 3. Commercial Motor Vehicle. A motor vehicle or combination of motor vehicles use in commerce to transport passengers or property if the motor vehicle (1) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with gross weight rating of more than 10,000 pounds; or (2) has a gross weight rating of 26,001 or more pounds; or (3) is designed to transport 16 or more passengers, including the driver; or (4) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act. Fire trucks and other emergency fire equipment are not considered commercial vehicles under this policy. 4. Confirmatory Test. A second controlled substance or alcohol test. For controlled substance testing, a confirmatory test is a second analytical procedure to identify the presence of a specific controlled substance or metabolite that is independent of the screen test and uses a different technique and chemical principal in order to ensure reliability and accuracy. For breath alcohol testing, the confirmatory test is a second breath alcohol test following an initial breath alcohol test with an alcohol concentration of 0.02 or higher. 5. Initial Screening Test. An analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in his or her system. Initial breath alcohol screening tests will be conducted by utilizing an evidential breath testing device (EBT) that has met National Highway Traffic Safety Administration (NHTSA) specifications for precision and accuracy. Initial blood alcohol screening tests will be conducted by the laboratory in accordance with applicable law. In controlled substance testing, "initial screening test" means an immunoassay screen to eliminate "negative" urine specimens from further consideration. 6. Positive Test Result. A finding of the presence of alcohol or a controlled substance, or their metabolites in the sample tested in levels at or above the threshold detection level. 7. Reasonable Suspicion. A basis for forming a belief based on specific facts and rational inferences drawn from those facts. 8. Safety Sensitive Position. A job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health and safety of any person. 35 • 9. Substance Abuse Professional (SAP). A licensed physician (medical doctor or doctor of osteopathy), licensed or certified psychologist, licensed or certified social worker, licensed or certified employee assistance professional, or licensed or certified addiction counselor (certified by the National Association of Alcoholism and Controlled Substance Abuse Counselors Certification Commission) with clinical experience in the diagnosis and treatment of alcohol and controlled substance- related disorders. B. Persons Subject to Testing Employees are required to report to work on time and in appropriate mental and physical condition for work as determined by their supervisor. No employee shall be under the influence of alcohol or a controlled substance, unless pursuant to a valid medical prescription and used as properly instructed while the employee is engaged in conducting City business. Violations of this policy will result in disciplinary action, up to and including termination. A violation of this policy may also have legal consequences under federal and state laws. As a condition of employment, each employee of the City must abide by the terms of this policy and report to his or her supervisor any instance where he or she has been charged under a criminal drug statute for a violation occurring on or off premises. If the employee's job requires the ability to drive a motor vehicle, the employee must immediately notify the appropriate supervisors of any loss, suspension, revocation, cancellation, or limitations of driving privileges. Under this policy, the City may test any applicant to whom an offer of employment has been made and may test any employee for alcohol and/or controlled substance under any of the following circumstances: 1. Pre - Employment Testing. Any job offer for a full -time or part- time "safety- sensitive" position with the City is conditional upon successful completion of a controlled substance test, among other conditions. If the job offer is withdrawn based on controlled substance test results, the City will inform the applicant of the reasons for the withdrawal. A failure of the controlled substance test, a refusal to take the test, or failure to meet other conditions of the job offer will result in a withdrawal of the offer of employment even if the applicant's provisional employment has begun. Temporary and seasonal employees are not subject to this policy, with the exception of those designated by the hiring depaitnient as safety - sensitive positions. 2. Reasonable Suspicion Testing. The City may require any employee in a safety- sensitive position to submit to alcohol and controlled substance testing where reasonable suspicion exists to believe the employee: • is under the influence of alcohol or a controlled substance; or • has violated written work rules prohibiting the use, possession, sale, or transfer of controlled substance while on duty or operating a City vehicle or any other equipment; or • has sustained a personal injury requiring medical care, or has caused another employee to sustain an injury requiring medical care; or • has caused a work - related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work - related accident; or 36 P72 P73 • Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled substance or containers of paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the City's policies concerning alcohol or controlled substance may have occurred. Observations for reasonable suspicion testing will be made by a supervisor or other person designated by the City who has received appropriate training in identification of actions, appearance and conduct of an employee which are indicative of the use of alcohol or controlled substance. These observations will be reflected in writing on a reasonable suspicion record form. Employees will be driven to the employer approved medical facility by their supervisor or a designated representative, or an on -site collection service will be contacted. The medical facility or on -site collection service will take the urine or blood sample and will forward the sample to an approved laboratory for testing. The results of any testing will be provided to Administration. 3. Return -to -Duty Testing. Before an employee will be allowed to return to duty, the employee will undergo a return -to -duty test on a date specified by a Substance Abuse Professional (SAP) or a Licensed Alcohol and Drug Counselor (LADC). The use of an LADC or SAP is at the sole discretion of the City. The test must indicate a negative breath alcohol concentration or a verified negative result for controlled substance use before the employee may return to work. Prior to a return -to -duty test the employee must be evaluated by a SAP or an LADC and participate in any recommended education or treatment program. The SAP or LADC will require a follow -up evaluation to determine if the employee has successfully completed the recommended program. The SAP or LADC will provide a written report for the City following the initial and follow -up evaluations with the employee. The return -to -duty test is not limited to a specific substance (i.e., the particular drug for which the employee tested positive). Additionally, if the SAP or LADC determines that a multiple- substance abuse problem exists, a controlled substance test may be performed in conjunction with an alcohol test. 4. Follow -Up Testing. Following a determination that an employee is in need of assistance in resolving problems associated with alcohol misuse or use of controlled substances, the employee is subject to unannounced follow -up alcohol or controlled substance testing as directed by the SAP or LADC for a period of up to two years following completion of a prescribed chemical dependency treatment program. The employee is also subject to all other required drug and controlled substance testing. A positive test in any follow -up testing or subsequent test will result in the employee's termination of employment with the City. 5. Post- Accident Testing. As soon as practicable following an accident involving a commercial driver operating a commercial motor vehicle on a public road, the City will test the driver for alcohol and controlled substances in the following circumstances: 37 • • The accident involves the loss of human life; or The driver receives a citation for a moving traffic violation arising from the accident, which results in an injury or severe damage to one or more motor vehicles. A driver who is subject to post- accident testing must remain readily available for such testing. Drivers who are not readily available for such testing may be deemed by the City to have refused to submit to testing. Drivers are required to submit to post- accident controlled substance testing as soon as possible within 32 hours of the accident. If the driver is not tested within 32 hours after the accident, the City will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not promptly administered. Drivers are required to submit to post- accident alcohol testing as soon as possible within two hours; and in any event no more than eight hours after the accident. If the driver is not tested within two hours after the accident, the City will prepare and maintain on file a record stating why the test was not administered within that time. If the driver is not tested within eight hours after the accident, the City will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not administered. In the event of an accident, it is possible that the driver will be directed to submit to a breath, blood, or urine test for the use of alcohol or controlled substance administered by a federal, state, or local law enforcement officer. Whenever such a test is conducted by a law enforcement officer, the driver must contact the City and immediately report the existence of the test, providing the name, badge number, and telephone number of the law enforcement officer who conducted the test. 6. Random Testing. Random alcohol and controlled substance testing will be conducted as follows: • Alcohol testing will be administered at a number equal to or greater than 10% of the average number of driver positions. Controlled substance testing will be performed at a number equal to or greater than 50% of the average number of drivers. Under the selected process used, each driver will have an equal chance of being tested each time selections are made. Drivers may be selected for more than one test per year. • Test will be unannounced and spread reasonably through the calendar year. • Drivers selected for a random test will proceed immediately to the test site upon notification of being selected. • In the event a driver who is selected for a random test is on vacation or an extended medical absence they will be tested when they return. 7. Emergency Call Back to Work Provisions. If an employee is called back to work for an emergency and is suspected of being under the influence of drugs or alcohol, he or she will not be allowed to work and arrangements for transportation to the employee's home will be made. 8. Right of Refusal. Employees have the right to refuse requested tests. However, refusal to submit to such tests will result in disciplinary action and will be considered in evaluating 38 P74 P75 evidence related to violations of this or other employer policies. An employee who refuses to be tested shall not be permitted to operate a City vehicle or perform safety - sensitive work under any circumstances. 9. Cost of Required Testing. The City will pay for the cost of pre - employment, post - accident, and reasonable suspicion controlled substance and alcohol testing required of all job applicants and employees. Employees will pay for the cost of all requested confirmatory retests, return -to -duty and follow -up tests. C. Prohibition against Controlled Substance and Alcohol 1. Use and Possession of Alcohol or Controlled Substance. Employees are prohibited from the use, possession, transfer, transportation, manufacture, distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol or controlled substances while on duty or while operating any City vehicle, machinery, or equipment except (1) pursuant to a valid medical prescription used as properly instructed; or (2) the use of over -the- counter controlled substance used as intended by the manufacturer. 2. While Impaired of Alcohol or Controlled Substance. Employees are prohibited from having an alcohol concentration of 0.04 or more or any amount of a controlled substance in their urine or blood while on duty or while operating any City vehicle, machinery or equipment except (1) pursuant to a valid medical prescription used as properly instructed; or (2) the use of over- the - counter controlled substance used as intended by the manufacturer, or (3) as part of authorized duties within the scope of serving as police officer. 3. Driving While Impaired. A conviction of driving while impaired in a City -owned vehicle at any time during business or non - business hours or in an employee -owned vehicle while conducting City business may result in discipline, up to and including discharge. 4. Criminal Controlled Substance Convictions. Any employee convicted under any federal, state, or local statute for a controlled substance - related violation while operating any City vehicle, machinery, or equipment, or when performing any City business, must notify his or her supervisor and the City's Administration Department, in writing, of the conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a controlled substance - related conviction, the City will take appropriate disciplinary action against the employee, up to and including discharge, and require the employee to satisfactorily participate in a controlled substance abuse program at the employee's own expense unless provided to the employee through the employee's own insurance coverage. The City, in its sole discretion, will determine what disciplinary action is appropriate. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. 5. Failure to Disclose Lawful Controlled Substance. Employees taking a lawful controlled substance, including prescription and over - the - counter controlled substances, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee's responsibility to seek out information from his/her physician or pharmacist regarding 39 • • • medication and any job performance impairment and relay that information to his/her supervisor. In the event of such disclosure, the employee will not be authorized to perform safety - sensitive functions unless a physician provides a release stating the employee is not impaired by the medication and can safely perform the safety - sensitive functions. 6. Refusal to Submit to a Required Alcohol or Controlled Substance Test. Employees and applicants have the right to refuse an alcohol or controlled substance test under this policy. If an applicant or employee refuses to submit to a required alcohol or controlled substance test, no test will be conducted. However, such a refusal will be considered a positive test result, which will disqualify the employee from performing safety sensitive functions, and result in disciplinary action. The City will provide the employee an opportunity to participate in either a controlled substance or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a SAP or LADC. If the employee refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program as evidenced by withdrawal from the program before its completion, or tests positive on a confirmatory retest after completion of the program, or refuses a follow -up test, the City will discharge the employee. Participation by the employee in any recommended substance abuse treatment program will be at the employee's own expense or pursuant to coverage under an employee's benefit plan. The SAP or LADC will determine if the employee has followed the rehabilitation program as prescribed. If an applicant refuses to submit to pre - employment testing, the job applicant will be considered to have withdrawn his or her application from employment. For purposes of this section, an employee or applicant refuses to submit to an alcohol or controlled substance test when the applicant or employee: • Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; • Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation) after he or she has received notice of the requirement for urine testing; • Fails to report for testing within 30 minutes, or another time frame specified by the City, when directed to report for off -site testing; • Fails to remain at a testing site until testing is complete; • In a case of directly observed or monitored collection, fails to permit observation or monitoring; • Fails or declines to take a second test as required by the City and/or collector; or • Engages in conduct that clearly obstructs the testing process. Refusal by an applicant or employee to complete and sign required forms, to provide an adequate breath, blood, or saliva sample, or otherwise cooperate in a way that prevents the completion of the testing process, constitutes a refusal to test. D. Review and Notification of Test Results 1. Review by Medical Review Officer. Results of positive controlled substance tests and positive blood and urine alcohol tests will be sent by the testing laboratory to an 40 P76 P77 independent Medical Review Officer ( "MRO ") selected by the City. The MRO is responsible for reviewing and interpreting test results, reviewing the individual's medical history to explain a positive test result, and notifying individuals of confirmed positive test results. Prior to making a final decision to verify a positive test result, the MRO will give the individual an opportunity to discuss the test result. The MRO, or a medical staff person under the MRO's supervision, will contact the individual directly, on a confidential basis, to determine whether the individual wishes to discuss the test result. If the individual wishes to discuss the test result: • The individual may be required to speak or meet with the MRO, who will review the individual's medical history, including any medical records provided; • The individual will be afforded the opportunity to discuss the test results and to offer any additional or clarifying information which may explain the positive test result; • If there is some new information which may affect the original finding, the MRO may request the laboratory to perform additional testing on the original specimen in order to further clarify the results; and • A final determination will be made by the MRO that the test is either positive or negative and the individual will be so advised. If the MRO determines there is a legitimate medical explanation for a confirmed positive test result, the MRO will report the test result to the City as negative. If the MRO determines that there is no legitimate medical explanation for a confirmed positive test result, the MRO will report the positive test result to the City. Based on a review of laboratory reports, quality assurance and quality control data and other test results, the MRO may conclude that a particular confirmed test result is scientifically insufficient for further action. Under these circumstances, the MRO will conclude that the test is negative. Job applicants and employees are strongly encouraged to speak with the MRO to provide any valid explanation for a positive test result. The MRO will verify a test as positive without talking directly with the individual under the following circumstances: • The individual expressly declines the opportunity to discuss the test with the MRO after being contacted by the MRO or the MRO's staff representative; • Neither the MRO nor the City, after making all reasonable efforts, have been able to contact the individual within 14 days of the date on which the MRO receives the confirmed positive test result from the laboratory; or • The City has successfully made and documented a contact with the individual and instructed the individual to contact the MRO and more than five days have passed since the date the individual was successfully contacted. Once a positive test has been verified by the MRO, it can be re- opened only if the individual presents to the MRO information documenting that serious illness, injury, or other circumstances prevented the individual from being contacted as described above. If the individual expressly declines the opportunity to discuss the test with the MRO after 41 • • • being contacted by the MRO or the MRO's staff representative, the test cannot be reopened regardless of any explanation provided by the individual. 2. Notification of Negative Test Results. In the case of job applicants, Administration will notify a job applicant verbally of a negative controlled substance result and the hiring process will resume. A negative test results notification form will also be sent to the job applicant. The job applicant may request a copy of the test result report from Administration. In the case of current employees, negative breath alcohol test results will be communicated to employees immediately upon conclusion of the breath alcohol test. Administration will verbally notify the employee and the employee's supervisor of a negative blood alcohol or urine controlled substance test result. In all cases, a negative test results notification form will also be sent to the employee. The employee may request a copy of the test result report from Administration. The employee will receive back pay for time lost and the City will not take any adverse action based on the negative test result. 3. Notification of Positive Test Results. Positive breath alcohol test results will be communicated to employees immediately upon conclusion of the breath alcohol test. In the case of positive blood alcohol or urine controlled substance test results, the MRO will contact the employee or job applicant to discuss the positive test result. Within three work days of receiving a confirmed positive test notification from the MRO, Administration will send to the supervisor and the employee or job applicant a positive test results notification letter containing further instructions. The employee or job applicant may contact Administration to request a copy of the test result report if desired. 4. Right to Provide Information After Receiving Test Results. Within three work days after notice of a positive controlled substance or alcohol test result on a confirmatory test, the employee or job applicant may submit information to the City or its MRO to explain the positive result. If the employee or applicant has tested positive for controlled substance use, the MRO may request the individual to indicate any over - the - counter or prescription medication the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, the positive controlled substance test result. 5. Right to Confirmatory Retest. In the case of urine controlled substance testing and blood alcohol testing, a job applicant or employee may request a confirmatory retest of the original sample at the job applicant's or employee's own expense after notice of a positive test result on a confirmatory test. Within five work days after notice of the confirmatory test result, the job applicant or employee must notify the City or its MRO, in writing, of the job applicant's or employee's intention to obtain a confirmatory retest. Within three work days after receipt of the notice, the City will notify the original testing laboratory that the job applicant or employee has requested the laboratory to conduct the confirmatory retest or transfer the sample to another laboratory licensed to conduct the confirmatory retest. The original testing laboratory will ensure that the control and custody procedures are followed during transfer of the sample to the other laboratory. 42 P78 P79 The confirmatory retest will use the same controlled substance and/or alcohol threshold detection levels as used in the original confirmatory test. In the case of job applicants, if the confirmatory retest does not confirm the original positive test result, the City's job offer will be reinstated and the City will reimburse the job applicant for the cost of the confirmatory retest. In the case of an employee, if the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test will be taken against the employee. The employee will be reinstated with any lost wages or salary for time lost pending the outcome of the confirmatory retest result, and the City will reimburse the employee for the cost of the confirmatory retest. 6. Right to Obtain Test Result Report. An employee or job applicant has the right to request and receive from the City a copy of the test result report on any controlled substance or alcohol test. Within three work days after receipt of a test result report from the testing laboratory, the City will inform the employee or applicant of this right. 7. Dilute Specimens. • Dilute Positives. If the City receives information that an employee has provided a dilute positive specimen, the City will consider the employee to have tested positive under this policy. • Dilute Negatives. If an employee provides a dilute negative specimen, the City will direct the employee to take a second screening test. The second screening test will be performed as soon as possible after the City receives word of the dilute negative specimen. E. Consequences for Employees Engaging in Prohibited Conduct 1. Job Applicants. The City's conditional offer of employment will be withdrawn from any job applicant who refuses to be tested or tests positive for any controlled substance as verified by a confirmatory test. 2. Employees. • No Adverse Action without Confirmatory Test. The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee based on a positive test result from an initial screening test that has not been verified by a confirmatory test. • Suspension Pending Test Result. The City may temporarily suspend a tested employee with or without pay or transfer that employee to another position at the same rate of pay pending the outcome of the requested confirmatory retest provided the City believes that it is reasonably necessary to protect the health or safety of the employee, other employees, or the public. The employee will be asked to return home, and will be provided transportation to his or her home by the City. An employee who has been suspended without pay will be reinstated with back pay if the outcome of the requested confirmatory retest is negative. • First Positive Test Result. The City will not discharge an employee for whom a positive test result was the first such result for the employee on a controlled substance 43 • • or alcohol test required by the City unless the City has independent grounds for doing so or the following conditions have been met: ➢ The City has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the city after consultation with a SAP or LADC. The City will determine whether to use an LADC or SAP. Participation by the employee in any recommended substance abuse treatment program will be at the employee's own expense or pursuant to the coverage under an employee benefit plan. The SAP or LADC will determine if the employee has followed the rehabilitation program as recommended. • Refusal to Participate in a Treatment Program. If the employee refuses to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion, the City will discharge the employee. • Second Positive Test Result. A second positive confirmed test result will result in dismissal proceedings against the employee. • Other Misconduct. Nothing in this policy limits the right of the City to discipline or dismiss an employee on grounds other than a positive test result in a confirmatory test, including conviction of any criminal drug statute for a violation occurring in the workplace or violation of other City personnel policies. F. Appeal Process Concerning disciplinary actions taken pursuant to this policy, the appeal procedures are as follows: Job applicants have no right of appeal. Probationary, temporary, and seasonal safety- sensitive employees have no right of appeal. Full -time and part-time non -union employees will follow grievance procedures included in this personnel policy. • Employees covered by a collective bargaining agreement may contact their respective union representatives. G. Contact for Additional Information If you have any questions about this policy or the City's controlled substance and alcohol testing procedures, you may contact your immediate supervisor or Administration to obtain additional information. H. Confidentiality and Privilege Test result reports and other information acquired in the drug or alcohol testing process are considered private data on individuals as defined in Minnesota Statute 13.02, Subd. 12. Test results and other information acquired in the drug or alcohol testing process shall not be disclosed to a third party individual, governmental agency, or private organization without the written consent of the employee or job applicant. Evidence of a positive test result on a confirmatory test may be: 44 P80 P81 1. Used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under Chapter 43A or other applicable state or local law, or a judicial proceeding provided that information is relevant to the hearing or proceeding. 2. Disclosed to any federal agency or other unit or the United States Government as required under federal law, regulation, or order, or in accordance with compliance requirements of a federal government contract. 3. Disclosed to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee. 4. Disclosed to the consulting or treatment professional or drug evaluator. Positive test results acquired under this drug and alcohol testing program may not be used as evidence in a criminal action against the employee or job applicant. 8.9 Drug and Alcohol Testing for Commercial Drivers In accordance with procedures required by the Federal Highway Administration and U.S. Department of Transportation drug testing regulations, all drug test results that are initially positive will be confirmed by a second testing of the primary urine sample using the GCMS testing method or some comparably accurate method to confirm the test result. Any confirmed positive test results will be reviewed by a Medical Review Officer to verify a positive or negative finding. Alcohol testing will be conducted according to Federal Highway Administration and U.S. Department of Transportation alcohol testing regulations. All breath alcohol tests will be performed only on testing equipment approved by the U.S. Department of Transportation. To ensure that the policy is clearly communicated to all drivers and applicants to whom offers of employment or contracts have been made, and in order to comply with applicable federal law, drivers and applicants are required to review this policy and execute the "Certificate of Receipt" portion. Because changes in applicable law and the City's practices and procedures may occur from time to time, terms of this policy may change in the future, and nothing in this policy is intended to be a contract, promise, or representation of any specific term or condition of employment except to the extent required by law. In the event that applicable DOT or FMCSA regulations governing alcohol and controlled substance use and testing are supplemented or amended, this policy shall be deemed to have been amended to conform to the applicable regulations. Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent over this policy to the extent the policy has not incorporated those revisions. A. Persons Subject to Testing All employees are subject to testing whose job duties include operating City vehicles that: 1. Have a gross vehicle weight rating of 26,001 pounds or more; or 2. Have a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or 3. Are designed to carry 16 or more passengers, including the driver; or 45 • • • 4. Are of any size and are used in the transportation of materials where the vehicle is required to be placarded under the Hazardous Materials Regulations 49 CFR part 172, subpart F (regardless of weight). All applicants, including current employees, applying for a position where duties include operating the vehicles described above, will be required to take a drug test after a job offer is made. The job is contingent upon a negative drug test report. In accordance with Federal Motor Carrier Safety Administration regulations, firefighters operating commercial motor vehicles necessary for the preservation of life or property are exempt from DOT testing requirements. Every driver will be subject to alcohol and controlled substance testing on a random selection basis. Drivers will be selected for testing by use of a scientifically valid method under which each driver has an equal chance of being selected each time selections are made. These random tests will be conducted throughout the calendar year. Each driver who is notified of selection for random testing must cease performing safety - sensitive functions and report to the designated test site immediately. It is mathematically possible that drivers may be selected for more than one random test per year. If a driver is selected for a random test while he or she is absent, on leave or away from work, that driver will be required to undergo the test when he or she returns to work. At this time, federal law requires the City to test at a rate of at least 50 percent of its average number of drivers for controlled substance each year, and to test at a rate of at least 10 percent of its average number of drivers for alcohol each year. These minimum testing rates are subject to change by the DOT. B. Removal from Safety - Sensitive Functions No driver may perform safety - sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law. No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may perform or continue to perform safety - sensitive functions for the City, including driving a commercial motor vehicle, until the start of the driver's next regularly scheduled work day, but not less than 24 hours following administration of the test. If a driver tests positive under this policy, or is found to have an alcohol concentration of .02 or greater but less than .04, the driver will be removed from safety sensitive duties and escorted home. The driver should not drive home and will be given transportation to his or her home. The driver will then be placed on a leave of absence until a confirmatory test has been completed. C. Reasonable Suspicion A trained supervisor is required to conduct a test for drugs or alcohol if he or she suspects an employee is under the influence of drugs or alcohol. The suspicion must be based on specific observations by a trained supervisor concerning the employee's current appearance, behavior, speech, and smell that are usually associated with drug or alcohol use. A written record will be made of the observations leading to an alcohol or controlled substance test and signed by the trained supervisor within 32 hours of the observed behavior, or before the 46 P82 P83 results of the alcohol or controlled substances tests are released, whichever is earlier. The record will be submitted to Administration. When the City has reasonable suspicion to believe that the driver has engaged in conduct prohibited by federal law, the City must require the driver to submit to an alcohol or controlled substance test. If a reasonable suspicion alcohol test is not administered within two hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered and such record will be forwarded to Administration. If a reasonable suspicion alcohol test is not administered within eight hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not administered, and will cease attempts to conduct the alcohol test. If a reasonable suspicion controlled substance test is not administered within 32 hours following the determination of reasonable suspicion, the City will cease attempts to administer a controlled substance test and will prepare a record stating the reasons for not administering the test. Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or remain on duty requiring the performance of safety - sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol use, nor will the City permit the driver to perform or continue to perform safety - sensitive functions until (1) an alcohol test is administered and the driver's alcohol concentration is less than 0.02; or (2) 32 hours have elapsed following the determination of reasonable suspicion. D. Return -to -Duty and Follow -Up When an employee tests positive or refuses a test or violates other provisions of DOT and USCG testing regulations that employee cannot work again in DOT safety- sensitive positions until successfully completing a Substance Abuse Professional (SAP) evaluation and any subsequent prescribed education or treatment program. E. Return -to -Duty Testing After successfully completing the SAP requirements, the employee may be eligible to return to work. However, before the City can return the person to work in a safety- sensitive job, a SAP must determine that the employee successfully complied with the recommended treatment. The employee must then have a "return-to -duty test" and the test result must be negative. The SAP will also develop the employee's follow -up testing plan, outlining for the City the number and frequency of follow -up testing that will take place. The City is responsible for ensuring that the employee is tested according to the SAP' s follow -up plan. These tests can be for drugs or alcohol or both. The SAP must direct at least six follow -up tests in the first 12 months after the person returns to safety - sensitive duties. However, the SAP can direct more tests and may extend them for up to five years. F. Cost of Required Testing The employee is responsible for paying for all costs associated with requested confirmatory retests, return -to -duty, and follow -up testing. 47 • • • 8.10 Professional Appearance Quality service, a positive attitude, good customer relations, and a professional appearance help create and maintain a favorable image of the City. Employees represent the City in their daily contact with residents, consultants, and businesses. The City expects employees to use good judgment in choosing their attire and in their grooming and personal hygiene. With the exception of employees required to wear uniforms or outdoor clothing, employees will adhere to "business casual" attire. Depai lment directors, with authority from the City Administrator, may make the final determination as to appropriate attire based on the work environment. 8.11 Computer Use Policy A. Purpose and Scope This policy serves to protect the security and integrity of the City's electronic communications and information systems by educating employees about appropriate and safe use of technology resources. This policy applies to all individuals granted access to the City's network and information systems. This policy includes all City -owned computers, as well as those connected to the City's network. B. Securing Desktop and Notebook Computers 1. Users will ensure reasonable physical safeguards to maintain desktop and notebook computer and peripheral equipment in such a way to avoid inadvertent disclosure of City information. 2. When leaving a desktop or notebook computer unattended, users shall apply the "Lock Workstation" feature where systems allow. 3. Unattended computers shall be secured from viewing by password protected screen savers, which should be set to automatically activate after a period of non -use. The period of non -use shall be for no more than 60 minutes. 4. Desktop computer users shall store confidential and sensitive information on a network drive (shared directory on the City network) and not the user's hard drive. 5. Computers and monitors shall be turned off at the end of each workday unless you are instructed otherwise. 6. Additional security requirements may be required for computers containing data governed by other applicable state and federal laws, including law enforcement data and data associated with the Health Insurance Portability and Accountability Act (HIPAA). C. Physical Security Measures Physical security measures shall be used to secure notebooks, computer media, and other forms of information storage media containing confidential or sensitive information. 48 P84 P85 Ng- 1. Mobile notebook computers actively connected to the network or information systems must not be left unattended. 2. Notebook computers left in a vehicle shall not be visible except in police, utility department, or fire emergency vehicles where the device is mounted to the vehicle console. If possible, the notebook should be stored in a locked trunk. Weather conditions should be considered when leaving electronic equipment in a vehicle for long periods of time. Unattended vehicles shall be locked at all times. 3. Mobile notebook computers, computer media, and any other forms of removable storage should be stored in a secure location. 4. Other information storage media containing confidential data shall be stored in a secure location or locked cabinet when not in use. D. Peripheral Equipment Peripheral equipment (e.g. printers, faxes, copiers) that store, produce, and transfer confidential or sensitive information, shall be protected from inadvertent or unauthorized access. Documents containing confidential or sensitive information should be cleared from printers and copiers immediately. E. Passwords User identification (name) and authentication (password) shall be required to access the operating system of all desktop and notebook computers. Employees may not share account or password information with another person. Internet accounts are to be used only by the assigned use of the account for authorized purposes. Attempting to obtain another user's password is strictly prohibited. Users are required to change or obtain a new password if they have reason to believe that any unauthorized person has obtained their password. Users are required to take all necessary precautions to prevent unauthorized access to Internet services. Supervisors are required to report immediately to IT staff when an employee resigns or is terminated. Employees are required to contact IT staff when they suspect their login ID has been compromised or when someone else has obtained their password. Employees are responsible for maintaining computer passwords by following these guidelines: • Passwords must be a minimum of eight alphanumeric characters in length and be "complex." For a password to be complex it must contain three of the following four categories: English upper case letters, English lower case letters, numbers, or non- alphabetic characters found on the keyboard (e.g. !, #, $, %). • Passwords should not be stored in any location on or near your computer. • The computer system will prompt employees to update passwords every 90 days. • A password cannot be reused until after 10 change cycles. Password protection of any document is prohibited unless authorized by IT staff and the appropriate department director. This applies to any document stored on any drive (local or network), which includes diskettes, CDs, DVDs, flash drives, or any other storage device owned by the City. Any document found with unauthorized password protection will be deleted. 49 • • • F. Unauthorized Software Individual users are prohibited from installing or downloading software applications or executable files to any City -owned computer without prior authorization from IT staff. G. Viruses Desktop and notebook computer users shall not write, compile, copy, knowingly propagate, execute, or attempt to introduce any computer code designed to self - replicate, damage, or otherwise hinder the performance of any computer system. Suspected viruses should be reported immediately to IT staff. Viruses shall not be deleted without assistance unless instructed by the IT staff. H. Monitoring The City of Lino Lakes reserves the right to inspect any data, emails, settings, or any other components of a City -owned computer at any time without an employee's consent. By using a City -owned computer, employees consent to any monitoring that may take place. An audit may result in the removal of hardware and software and further disciplinary action if any user is not complying with this policy. I. No Expectation of Privacy All technology systems are the property of the City of Lino Lakes. This includes, but is not limited to, all hardware, software, programs, applications, templates, documents, internal and external email messages, Internet logs, and data files developed or stored by City -owned or leased technology systems. The City reserves the right to access and retrieve any data, messages, or files without prior employee consent. Users should have no expectation of privacy in the use of City technology. This includes personal email messages and Internet logs. J. Licensing To ensure license compliancy, all software must be purchased by and licensed to the City. 1. Development. Any software programs developed for use by the City becomes the property of the City. Software programs may not be sold or distributed without prior approval. 2. City -Owned Software. City -owned software may not be loaded on non -City owned equipment without prior approval. 3. Copyright Laws. City users are required to abide by software copyright law and licensing agreements. If there is any question about the legality of the software and documentation, it should be directed to IT staff. K. Electronic Mail The City provides employees with individual email accounts for work - related use. Employees are encouraged to use email to further the goals and objectives of the City. An employee's personal email may be considered "public" data and may not be protected by privacy laws. Personal email may also be monitored without notice to the employee. 50 P86 P87 All email messages will be deleted from the electronic mail system 120 days after receipt. If retention of any message is warranted beyond that period, the message should be moved to a permanent storage area. The following policies pertain to emails of both business and personal content: • Use extreme caution when communicating confidential or sensitive information via email. A good rule is to not communicate anything that you would not feel comfortable being made public. • Do not correspond by email on confidential communications (e.g., letters of reprimands, correspondence with attorneys, medical information). • Do not open email attachments or links from an unknown sender. Attachments are the primary source of computer viruses and should be treated with extreme caution. Delete junk or "spam" email without opening it if possible. L. Internet Use The City provides Internet access for employees to acquire and share information and to participate in educational and professional development activities. Employees should minimize unnecessary network traffic that might interfere with the ability of others to make effective use of this shared network resource. Use of the Internet through City computers is a privilege which may be revoked at any time for abusive conduct. Users are responsible for adhering to this policy when accessing the Internet. Failure to adhere to this policy puts the City and the individual at risk for legal and financial liabilities, potential embarrassment, and other consequences. The City retains the right to monitor any employee's use of the Internet without prior notice. The City may limit Internet activity in order to ensure the most efficient use of this resource. M. Inappropriate Use of Email and the Internet Use of the Internet and email in a manner that is not consistent with the mission of the City, misrepresents the City, or violates any City policy, is strictly prohibited. Internet use at the City will comply with all federal and state laws, City policies, and any contract. The City allows limited personal use of email and Internet resources for communicating with family and friends, independent learning, and public service as long as it does not interfere with staff productivity, preempt City business, or consume City resources. The City prohibits the use of mass unsolicited mailings, access for non - employees to City resources or network facilities, competitive commercial activity, and the dissemination of chain letters. N. Failure to Comply Violations of this policy will be treated like other allegations of wrongdoing in the City in accordance with established procedures. Violations of this policy may subject the violator to one or more of the following: • Temporary or permanent revocation of network access and other equipment access. • Termination of employment. • Legal action according to applicable laws and contractual agreements. 51 • SECTION 9: SEPARATION FROM CITY EMPLOYMENT 9.1 Voluntary Resignation An employee wishing to leave City service in good standing must give two weeks written notice. Written resignations are considered effective upon receipt by the City. Failure to provide proper written notice may be cause for denying severance pay and future employment with the City. Unauthorized absences from work for a period of three consecutive work days may be considered a voluntary resignation not in good standing. 9.2 Reduction in Force The City may lay off employees whenever such action is made necessary as provided in the annual budget by reason of shortage of work or funds, the abolition of a position or because of changes in organization. Two weeks advance written notice of the lay -off shall be given. An employee may be transferred to another position if such employee is qualified. Qualifications and job performance shall be the determining factor for lay -offs. Employees who have been laid off will be recalled to their former position classification in the reverse order of their lay -off. 9.3 Termination Any employee subject to the provisions of this personnel policy may be discharged by the City for just cause only. Evidence of the following may be sufficient cause for termination, demotion, or other disciplinary action: 1. Incompetence or misconduct in the performance of duties. 2. Violation of any lawful regulation or administrative order, or an act of insubordination that results or reasonably might be expected to result in loss or injury to the City or to the public. 3. Unsatisfactory conduct in job performance resulting from being under the influence of alcohol or drugs. 4. Use of offensive conduct of language towards the public, municipal officers, or employees. 5. Carelessness or negligence in the handling, control, or use of City property or unauthorized use of City property. 6. Inducing or attempting to induce an officer or employee of the City to commit an unlawful act or to act in violation of a regulation or order. 7. Dishonesty in the performance of duties. 8. Conviction of a crime directly related to the employee's position with the City. 52 P88 P89 9. Making false or misleading statements while conducting City business, or falsifying timesheets, reports, records, or documents. 10. Excessive tardiness or absenteeism, or abuse of leave. The particular dismissal, demotion or suspension shall be based on the facts and circumstances involved. The City may take disciplinary action while pursuing criminal prosecution against an employee. 9.4 Severance Pay Employees who have completed 10 years of service with the City and who leave employment in good standing shall receive severance pay equaling one -half of unused sick leave hours at their current hourly rate of pay. The maximum amount of severance pay shall be limited to 480 hours. 53 • SECTION 10: DISCIPLINARY HEARINGS 10.1 Request for Hearing When a regular full -time for part-time employee is dismissed or demoted for disciplinary reasons, the employee will be entitled to a hearing pursuant to this section of the Personnel Policy. If the employee is exonerated and reinstated to his or her former position, the rights of the employee will be retroactive to the effective date of the disciplinary action. 10.2 Pre - Termination (Loudermill) Hearing The Loudermill hearing, which serves as an initial check on the employment decision, will be conducted in accordance with federal law as provided in Cleveland Board of Education v. Loudermill. The employee will be given an opportunity to respond to the charges and present reasons to the City Council why the discharge should not occur. Probationary employees are not entitled to such a hearing. 10.3 Post Discharge Hearing For a post - discharge hearing, the employee must first submit a written request to the City Administrator within 15 calendar days after receiving written notice of the discharge. The hearing before the City Council will be held no later than 10 calendar days from the date City Administrator's receipt of the written request for a hearing. If an employee is not satisfied with the decision of the City Council after the hearing, he or she may within seven calendar days submit the matter to a final hearing to be held by of board of three arbitrators: one appointed by the City Administrator, one by the employee, and the third selected by the two previously designated. By mutual agreement, the employee and the City Administrator may elect to appoint a single arbitrator through the Bureau of Mediation Services. The cost of the hearing shall be divided between the employee and the City. 10.4 Veterans' Preference Hearing A discharge hearing for a veteran employed with the City will be in accordance with state and federal law. Any veteran who has been notified of the intent to discharge from City employment will be notified in writing of such intent to discharge and of the veteran's right to request a hearing within 60 days of receipt of notice. The failure of the veteran to request a hearing within the provided 60 -day period will constitute a waiver of the right to a hearing and all other available legal remedies for reinstatement. If a veteran is a member of a labor union whose collective bargaining agreement provides for binding arbitration, the veteran may take advantage of both hearing processes. 54 P90 CITY COUNCIL P 91 AGENDA ITEM 5A • STAFF ORIGINATOR: Rick DeGardner, Public Services Director MEETING DATE: June 25, 2012 TOPIC: Consider Resolution 12 -51 Authorizing a Utility Rate Study VOTE REQUIRED: 3/5 • INTRODUCTION In February, 2012, the City requested and received a proposal from Springsted, Inc. to conduct a comprehensive utility rate study. The study would include reviewing current and background utility data, including historical financial information, volumes, capital improvements, debt service requirements, policies and practices, growth trends and reviewing engineering studies, including the water conservation plan. Springsted, Inc. then would evaluate the current data and consider future needs in developing a comprehensive report which would recommend and justify any future rate adjustments. The last rate analysis was completed in 2008. BACKGROUND Utility rates are set based upon a number of factors. Among these are the cost of providing the service (operations costs), the cost of extending the utility network (infrastructure costs), financing and servicing of debt, and the cost of replacing worn facilities and systems (referred to as depreciation or replacement costs). Other considerations in setting rates are regulatory guidelines, conservation measures and rate comparisons with other area communities. The proposed study will provide recommendations for the water and sewer user rates, water and sewer trunk area charges, sanitary sewer unit charges, and watermain unit charges. In order for Springsted, Inc. to accurately complete the study, we recommend retaining WSB & Associates to prepare /update the following: o Water Demand /Sewer Flow Population Projections o Water /Sewer Capital Improvement Plan o Replacement, Operations, and Maintenance Plan WSB & Associates proposes to perform the above mentioned engineering services for a not -to- exceed fee of $16,000 (We will be billed at the customary hourly rates). The cost for Springsted, Inc. to conduct the utility rate study is $25,800, plus expenses, which would be financed equally from the Water and Sewer funds. We anticipate Springsted, Inc. would present their formal report to the City Council this fall. RECOMMENDATION Staff is recommending Council adopt Resolution No. 12 -51 authorizing Springsted, Inc. to complete a utility rate study and WSB & Associates to provide supporting engineering services. ATTACHMENTS • Water and Wastewater Fee Study Update Proposal from Springsted, Inc., dated February, 2012. • Estimate of Professional Engineering Services from WSB & Associates, dated June 13, 2012 P92 CITY OF LINO LAKES RESOLUTION NO. 12 -51 AUTHORIZING UTILITY RATE STUDY WHEREAS, the City Council has determined a need to perform a utility rate study to evaluate the financial operations of the Water and Sewer Enterprise Funds; and WHEREAS, the last rate analysis was completed in 2008; and WHEREAS, in February, 2012, the City requested and received a proposal from Springsted, Inc. to conduct a comprehensive utility rate study. The study would include reviewing current and background utility data, including historical financial information, volumes, capital improvements, debt service requirements, policies and practices, growth trends and reviewing engineering studies, including the water conservation plan; and WHEREAS, the proposed study will provide recommendations for the water and sewer user rates, water and sewer trunk area charges, sanitary sewer unit charges, and watermain unit charges; and WHEREAS, in order for Springsted, Inc. to accurately complete the study, we recommend retaining WSB & Associates to prepare the following: o Water Demand/Sewer Flow Population Projections o Water /Sewer Capital Improvement Plan o Replacement, Operations, and Maintenance Plan NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, that a Utility Rate Study is hereby authorized to be performed by Springsted, Inc. at a cost of $25,800, plus expenses and WSB & Associates is authorized to perform the above mentioned engineering services at a cost not -to- exceed $16,000. Such cost shall be split equally between the Water and Sewer Funds. Adopted by the Council of the City of Lino Lakes this 25th day of June, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk • • • • • Water and Wastewater Fee Study Update Work Plan February 2012 Objective(s) The purpose of this study is to assist the City of Lino Lakes in evaluating the financial operations of its Water and Wastewater Utilities to update the necessary level of user fees, area charges, and trunk fees that will provide adequate cash flow to pay for current plant expenditures, anticipated future operating and maintenance expenses, debt service including principal and interest, utility improvements asset replacement, and adequate cash reserves. Rate recommendations will reflect the each Utility's recent cost experience as well as anticipated future costs during the nominal period for which rates are projected. Springsted completed a rate analysis for the City in 2007. This analysis would update that study and make adjustments to rates and fees based on activity since 2007. Task 1 - Review Background Information ➢ Internal review of background information: — Review historical financial information, volumetric rates, basic facility charges, contractual charges and other fees and charges that provide sources of revenue for each utility — Review the current allocation of costs to functional cost components and to rates and charges for each utility — Review any current allocations of capital costs to connection and other charges and fees for each utility — Review current and historical billing data for each utility — Review current funding practices, funding sources and policies related to financing capital improvements for each utility — Review and update the City's existing capital improvement plan for each utility identifying the sources of funding for each improvement — Review any existing debt service coverage requirements for both senior and subordinate debt and the impact of adding additional debt to finance new capital improvements for each utility — Review ordinances, policies and practices related to user fees, connection fees and other charges for utility services P93 P94 City of Lino Lakes, Minnesota Water and Wastewater Fee Study Update February 2012 Page 2 Review the historical growth of the customer base and projections for anticipated growth for each utility Review any engineering studies, cost of services studies and other relevant studies related to each utility Review the planning period to be used in the study > Analyze information and develop preliminary availability fees for each utility and cost of service analysis for each utility Analyze the information to identify any omissions and /or inconsistencies and collect additional information, as needed Develop projected customer growth and future service demands based upon the existing systems and anticipated growth Project the cost of providing services for each utility Task 11 - Conduct Study > Develop a financial projection of each Utility that integrates all anticipated revenue sources, including interest on the cash balance, anticipated operating expenditures including existing and projected new depreciation, anticipated capital expenditures, existing debt service, projected debt service for identified projects and changes in the customer base over the planning period: Develop a five -year forecast of revenues and expenditures for each Utility to determine the adequacy of revenues provided by existing rates Evaluate the impact of anticipated capital improvement financing options on rates, fees and charges Develop recommendations for the financing of the anticipated capital improvements based on the above impact analysis Identify the overall change in revenue required to provide for adequate funding for major capital improvement programs, to meet all recurring annual operating and capital expenditures, to cover all debt service requirements, to comply with any existing revenue bond covenants, and to maintain sufficient cash balances and capital reserves (as defined by the City) for each Utility The projections will be made using an income statement approach and will include a yearly cash flow analysis 'Develop preliminary rate schedules for each Utility that provides revenue recovery at levels necessary to support the Utility's operation as defined above, Rates developed will include user fees, area charges, connection charges and other fees and charges that provide sources of revenue to the Utility Perform a sensitivity analysis to illustrate the impacts of adverse assumption changes (e.g. future growth, operating costs) ➢ Evaluate each Utility's current service fees and charges to determine whether there are additional service fees and charges that are currently not assessed and that may be applicable to the Utility's provision of services and, conversely, whether there are fees and charges that can be reduced or eliminated • • • • • • City of Lino Lakes, Minnesota Water and Wastewater Fee Study Update February 2012 Page 3 • Project the fiscal impact of proposed changes to fees and charges on each Utility's current rates, fees and charges — Develop recommendations for any changes to fees and charges, together with the impact on current rates and charges — Make recommendations for changes in existing ordinances, resolutions and policies necessary to implement any new fees and charges recommended • If we make a recommendation to increase rates or charges, Springsted will: — Evaluate and compare the proposed fee structure with the Utility's current fee structure and with the fee structure of at least three other similarly -sized local government utility operations in the area — Prepare sample bills for a minimum of 6 customers from representative customer classes, comparing existing rates and charges to proposed rates and charges — Review and make recommendations for changes needed in existing ordinances, resolutions and policies • Develop a five -year financial projection of capital expenditure needs related to growth that integrates all anticipated revenue sources, anticipated capital expenditures, and existing and projected debt service over the planning period: — Develop preliminary availability fee that provides revenue recovery at levels necessary to support the capital needs — Perform a sensitivity analysis to illustrate the impacts of adverse assumption changes (e.g. future growth,) Task III - Present and Review Draft Report ➢ Springsted will prepare a Draft Report of Findings that will contain our findings and recommendations. This review document will form the core of our final report. We will submit fifteen bound copies plus one reproducible copy to the City for their review and comment • We will meet with City to review and discuss the Draft Report in a workshop session ➢ Based on our discussion and review of the Draft Report, Springsted will make modifications or changes, incorporating the City's comments into the final report, as appropriate. Task IV - Present and Review Final Report • Springsted will present the Final Report of Findings and Recommendations in a City Council regular or workshop session ➢ We will provide fifteen bound copies of the final study plus one reproducible copy of the final report P95 P96 City of Lino Lakes, Minnesota Water and Wastewater Fee Study Update February 2012 Page 4 Expectations In order to conduct this study, the City will need to designate a staff member to serve as a project manager. This person will be responsible for assisting Springsted with gathering accurate and timely data needed to complete the project and to assist in arranging for required meetings. At a minimum the following information will be needed to complete the study: Utility Rate Study Update Required Information ➢ Copy of your most recent and previous two years Comprehensive Annual Financial Reports (already have) ➢ 2008 -2011 actuals (by line item) ➢ 2011 and 2012 budget including revenues and expenditures for each utility (by line item) ➢ 2012 beginning cash balance in each fund ➢ A listing of all anticipated capital expenditures for the planning period 2012 through the 2022 (or lesser timer period if 2012 to 2022 is not available) indicating item to be purchased, amount, and anticipated funding source for each utility ➢ Information related to the current customer base for the utility by customer class including number of customers, sales volume by type of service /charge /revenue source, and total revenue ➢ Copy of your current depreciation schedule and depreciable life use for various assets ➢ Copies of any current policies related to capital expenditures and /or funding for them including special assessments ➢ Copies of any current policies related to fund balances and /or cash balances ➢ Copies of existing debt schedules for any outstanding debt, i.e. bonds, equipment certificates, lease- purchase agreements where Springsted was not the Financial Advisor ➢ Information related to the anticipated growth in both residential and commercial /industrial utility sales during the planning period ➢ Current schedule of user fees and charges ➢ Copies of any engineering studies, cost of services studies and other relevant studies related to each Utility and this study • • • City of Lino Lakes, Minnesota Water and Wastewater Fee Study Update February 2012 Page 5 Com pensation We propose to complete this study as described in this proposal for the lump sum fee of $25,800 exclusive of any out -of- pocket expenses such as travel and copying. This amount would include up to three on -site meetings. We will complete the study within 10 -12 weeks of receiving the notice to proceed provided that all necessary information is made available to Springsted in a timely manner and that City staff is available for required meetings. This draft schedule does not anticipate any unforeseen delays or other circumstances that would result in a later completion date. Should any unforeseen delays or circumstances arise, Springsted can draw on its staff of 60 professionals to keep the project on schedule to the greatest extent possible. Springsted would invoice the City for work completed based on the following schedule: Cumulative Percentage Percentage Time of Invoice Invoiced Invoiced Completion of Task II 50% 50% Completion of Task III 40% 90% Completion of Task IV 10% 100% Should the City request and authorize additional work outside the scope of services described in this proposal or additional revisions beyond those agreed upon at the discussion and review of the draft report and preliminary model, we would invoice the City at our standard hourly fees. 2012 Standard Hourly Fee Schedule Title Rate Principal & Senior Officer Officer & Project Manager Senior Associate Associate Support Staff $220 $190 $155 $145 $ 65 • P97 P98 WSB AMMIONEM & Associates, Inc. June 13, 2012 infrastructure • Engineering • Planning • Construction Rick DeGardner 600 Town Center Parkway City of Lino Lakes Lino Lakes, MN 55014 Re: Estimate of Professional Engineering Services Water and Wastewater Fee Study Update City of Lino Lakes, Minnesota Dear Mr. DeGardner: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 - 541 -1700 On behalf of WSB & Associates, Inc. (WSB), we are pleased to submit this proposal to the City of Lino Lakes to provide professional engineering services as they relate to the a Rate Study for the City's water and sewer trunk area charges, sanitary sewer unit charge, watermain unit charge, and user rates. It is our understanding that the study will be conducted by Springsted Inc. and that WSB will be providing information to them for use in the rate study. A delineation of tasks to be perfouned by WSB & Associates, Inc. and by the City follows directly. Assumptions related to these same items are also delineated in a subsequent section. WSB Tasks WSB will be responsible for the following tasks: Task 1 — Water /Sewer Rate Philosophy Task 1.1: Determine the Water and Sewer Rate Philosophy This task will include the review of the existing philosophy and incorporate any changes required following discussions with the City. Task 2 — Water Demand/ Sewer Flow and Population Projections Task 2.1: Determine Developable Areas and Associated Water Demand and SewerFlow Per Type of Area From the land use map and the population projections a water demand and sewer flow associated with each land use type will be determined. Average day demands, peaking factors, and water losses will be estimated. Population projections are necessary for water and sewer trunk area charges, sanitary sewer unit charge, and watermain unit charge projections. C: 1Userslrick. degardnerlAppDaralLocaMdrerosgl11WondmerlTemporory 'mover Fi les1Conlent.OullookNil7VIRSCILTR PROP-061312-rare nudv.doc • • • June 13, 2012 Page 2 Task 2.2: Estimate Consumption /Sewage Generation Trends Estimate consumption/generation trends for residential and commercial /industrial uses and other uses. Task 2.3: Estimate Future Water Demands /Sewage Flows Based on City provided land use and population projections, determine future water demands /sewer flows per year. Future demands /flows are necessary for user rate projections. Task 3 — Water /Sewer Capital Improvement Plan, Funding Options Task 3.1: Prepare Capital Improvement Plans Prepare an annual CIP and 10 -year CIP for the water and sewer systems based on present day values. The CIP will document needed improvements and the timeframe in which they should be completed, along with associated costs. Task 3.2: Recommend Funding Alternatives Using the list of recommended capital improvements and the revised philosophy in Task 1, make general recommendations regarding funding the improvements through various fees (e.g. utility user, trunk, and water /sewer access fees). Task 3.3: Prepare CIP Prepare a draft and final memo summarizing recommended capital improvement plans and funding options Task 4 — Replacement, Operations, and Maintenance Plan Task 4.1: Prepare Estimated Infrastructure Replacement Schedule Prepare an estimated annual replacement budget based on the age and condition of the existing infrastructure. Task 4.2: Prepare Estimated Operations and Maintenance Prepare an estimated annual replacement budget based on the age and condition of the existing infrastructure. For this task, we will need assistance from the City staff to project the annual expenses based on historical expenses. Task 4.3: Recommend Funding Alternatives Using the list of recommended replacements, operations, and maintenance costs and the revised philosophy in Task 1, make general recommendations regarding funding the replacements through various fees (e.g. utility user, trunk, and access fees). City of Lino Lakes Tasks In order to complete our tasks, we will need the City to provide the following: • Provide a designated project contact person. • Provide answers to specific project questions, provide requested information, and make decisions regarding project direction during the course of the project. ClUsersblck. degardnerAppDamaocallAhcrosq /iltOndmrslremporan, Intern& FilesiConiem .OmlookUd.17VIRSOIL772 PROP•O6/312-race smdvdoc P99 P 1 0 0 June 13, 2012 Page 3 Fee We propose to perform the tasks as defined above for a not -to- exceed fee of $16,000. We will bill at our customary hourly rates. Agreement If you are in agreement with the scope of services, please have the City block of this letter signed and return a copy to WSB. Our receipt of an executed copy will be WSB's authorization to proceed. Monthly project invoices for services and reimbursables are due within 30 days after receipt of WSB's invoice. Should the City request additional services outside of the above scope of services, we will work with you to establish a revised scope and fees. Thank you for the opportunity to be of service to you. If you have any questions or comments, please call us at (763) 541 -4800. Sincerely, WSB & Associates, Inc. al", 4' Nancy Zeigler, PE Senior Project Manager ACCEPTED: City of Lino Lakes By: Title: Date: Ct IUserslriek .degnrdner''AppDamlLocallAncros fiUhindoirslremporam Internet F iles1Content.OutlnokNA7PIR.SOLTR PROP- 0613I? -rote snide. don • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 6Ai Paul Bengtson June 25, 2012 Resolution No. 12 -53 - Interim Use Permit — Accessory Outdoor Storage Simple Majority Lakes Building Components has been operating at 7301 Apollo Court for over a year and a half, and has been storing materials used in the business outside of the building in violation of the zoning ordinance during that time. Upon notice of the violation the applicant requested an amendment to the zoning ordinance to make accessory outdoor storage an interim use in the Light Industrial zoning district. Ordinance Number 21 -11 was adopted by the City Council on November 28, 2011 and went into effect shortly thereafter. An Interim Use Permit application was submitted in 2011 along with the zoning amendment request, but was deemed incomplete by staff. The applicant submitted the necessary documents to complete the application on May 4, 2012. SCHEDULE OF ACTIONS: Planning & Zoning Board (Public Hearing) City Council Action Deadline BACKGROUND June 13, 2012 June 25, 2012 July 3, 2012 (may extend to Sept. 1, 2012) The applicant is proposing to fence a portion of the site with eight foot high chain link fencing that will have privacy slats to provide screening. The appearance of the fence will be softened by the existing landscaping as well as the additional landscaping materials on the submitted planting plan. The storage yard area will be paved for all areas that will have regular vehicular traffic and will have 1 inch landscape rock in the areas where the materials will be stored. The zoning ordinance includes a category "interim use permits ". The purpose of an interim use permit is as follows: Subd. 3. Administration: Interim Use Permits. A. Purpose and Intent. The purpose and intent of allowing interim uses is: P101 P102 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. Section 2, Subd. 3 of the ordinance includes general standards for all interim use permits. These require compliance with the submittal requirements, standards and procedures for a conditional use permit as well. In addition, there are specific standards listed with each individual interim use in the zoning districts. The Light Industrial zoning district was amended in November of 2011 to include one interim use: Open and outdoor storage as a principal or accessory use. The City should make fmdings on approvals or denials of interim use permits. The following section of this report lists the standards and criteria that must be met and addresses them as findings. FINDINGS Finding 1. Section 2, Subd. 3.0 of the zoning ordinance includes standards for all interim use permits. The proposed interim use permit complies with these standards as follows: C. General Standards. An interim use shall comply with the following: 1. Existing Uses. Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, and shall continue to be governed by such regulations in the future. 2. New Uses. a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. • The proposed interim use permit for outdoor storage complies with the conditional use permit standards as discussed in Finding 2. b. Conforms to the applicable performance standards of this Ordinance. • • • • • The proposed screening plan conforms to the screening requirements of the ordinance. c. The use is allowed in an interim use in the respective zoning district. • The Light Industrial zoning district includes one interim use at Sec. 8, Subd. 1.K.: open and outdoor storage as a principal or accessory use d. The date or event that will terminate the use can be identified with certainty. • The interim use permit will expire in five (5) years, with the possibility of extension by the City Council. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. • No additional costs will be borne by the public. f. The user agrees to any conditions that the City Council deem appropriate for permission of the use. • The applicant will be bound by the conditions approved by the City Council. The City Council has the option of denying the request. Finding 2. The general standard for interim use permits in Sect. 2, Subd. 3.C.2.a. incorporates the general standards for all conditional use permits as listed in Section 2, Subd. 2. The proposed interim use permit complies with these standards as follows: Subd. 2. Administration: Conditional Use Permits. B. Procedure. 7. Standards. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1) Land Use Plan. 2) Transportation Plan. 3) Utility (Sewer and Water) Plans. 4) Local Water Management Plan. 5) Capital Improvement Plan. 6) Policy Plan. 7) Natural Environment Plan. P103 P104 The site is guided and zoned for industrial use. The proposed activity will not increase demands on utilities or roadways. Stormwater will be managed according to City standards. No City capital improvements are needed. No natural features will be affected. b. The proposed development application is compatible with present and future land uses of the area. • The site is guided and zoned for industrial use. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • The proposed screening plan conforms to the screening requirements of the ordinance. d. Traffic generated by a proposed development application is within the capabilities of the City when level of service (LOS) requirements are met, roads have the structural capacity to accommodate projected traffic, and traffic generated will not require City street improvements. • Traffic will not exceed what is assumed within a Light Industrial zoning district. 8) The City does not relinquish any rights of local determination. • No such rights are affected. 9) The proposed development shall be served with adequate and safe water supply. • The site is currently connected to municipal water and sanitary sewer. 10) The proposed development shall be served with an adequate and safe sanitary sewer system. • The site is currently connected to municipal water and sanitary sewer. 11) The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. • No City capital improvements are needed. e. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. • • • • • Adherence to the conditions of approval and City requirements will avoid negative impacts. • • f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • The site is already developed and has no significant wildlife, wetlands, habitat, surface waters, or other ecologically sensitive features. The site is not within an area of high archaeological potential where cultural resources might be found. Finding 3. Section 8, Subd. 1.K. of the zoning ordinance includes one interim use in the Light Industrial zoning district: open and outdoor storage as a principal use. The proposed interim use permit complies with these specific standards as follows: Open and outdoor storage as a principal use provided that: a. A minimum setback of seventy -five (75) feet is provided along abutting residentially zoned properties. • The property to the west of this site is zoned R -1 (Single Family Residential) and the proposed outdoor storage will occur over 100 feet from the adjacent property. b. The setback shall include a buffer yard not less than twenty (20) feet in width provided along residentially zoned properties in compliance with Section 3, Subd. 4.Q of this Ordinance. • The property to the west of this site is zoned R -1 (Single Family Residential) and there is a buffer yard of over 100 feet in width. c. All storage is screened from view of neighboring uses and public rights -of -way via a fence or green belt planting strip or combination thereof in compliance with Section 3, Subd. 4.Q of this Ordinance. • Screening is provided via an eight foot high fence with privacy slats and landscaping materials both existing and proposed. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. • The proposed storage area will not take up required parking or loading spaces. e. All lighting be in compliance with Section 3, Subd. 4.F of this Ordinance. • No additional lighting is proposed P105 P106 f The storage area is fenced and secured in an appropriate manner. • The proposal includes the addition of an eight foot high fence around the storage area. g. The storage area is surfaced in a wear - resistant material determined by the City Engineer to be suitable to control dust and drainage. The storage area will be surfaced with bituminous asphalt where forklift traffic is anticipated and one inch river rock where the product is stored. h. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. • All loading already occurs on site and the parking necessary for the use already exists. i. Noises emanating from the use are in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPCA 7030, as amended and City Code. • A condition of approval restricting the hours of operations to between 7:00 A.M. and 9:00 P.M. will reduce the possibility of conflict with nuisance regulations. The use is terminated upon a specified date or the happening of an event as determined by the City. • The interim use permit will be effective for five (5) years after the date of approval with the possibility of extension at the discretion of the City Council. • • • • RECOMMENDATION The Planning and Zoning Board held a public hearing on this request at their June 13, 2012 regular meeting. One resident spoke in opposition to this request. The Board ultimately voted to recommend approval of the request with the conditions listed below. Staff recommends approval of the interim use permit based on the findings above, with the following conditions: 1. This interim use permit is issued to and applies only to the property at 7301 Apollo Drive. 2. This interim use permit is effective for five (5) years from the date of approval by the City Council. It shall be reviewed at that time. The City Council can extend it at the Council's discretion. Without such extension the permit shall expire. 3. Prior to commencing an construction activity authorized by this interim use permit, a permit or approval must be obtained from the Rice Creek Watershed District. Any conditions or requirements of the Watershed District approval are included by reference as conditions of this interim use permit. 4. Stormwater management measures must be implemented to the satisfaction of the City Engineer before and during activities authorized by this interim use permit. • 5. This interim use permit shall be recorded against the property. 6. The loading operations of the business are limited to the hours between 7:00 A.M. and 9:00 P.M. 7. The improvements depicted on the submitted plans shall be completed by August 25, 2012. ATTACHMENTS 1. Resolution Number 12 -53, Interim Use Permit 2. Site/Landscape Plan, submitted May 4, 2012 3. Grading/Drainage Plan, submitted May 4, 2012 4. Details /Cross Sections, submitted May 4, 2012 • P107 P108 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NUMBER 12 -53 APPROVING AN INTERIM USE PERMIT FOR OPEN AND OUTDOOR STORAGE AS AN ACCESSORY USE IN A LIGHT INDUSTRIAL ZONING DISTRICT AT 7301 APOLLO COURT WHEREAS. the City has received an application for an Interim Use Permit for open and outdoor storage on the portion of the property at 7301 Apollo Court, and WHEREAS, Section 8, Subdivision 1.K of the zoning ordinance allows for open and outdoor storage as an accessory use with an interim use permit, and WHEREAS, the City Council makes the following FINDINGS: Finding 1. Section 2, Subd. 3.0 of the zoning ordinance includes standards for all interim use permits. The proposed interim use permit complies with these standards as follows: C. General Standards. An interim use shall comply with the following: 1. Existing Uses. Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, and shall continue to be governed by such regulations in the future. 2. New Uses. g. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. • The proposed interim use permit for outdoor storage complies with the conditional use permit standards as discussed in Finding 2. h. Conforms to the applicable performance standards of this Ordinance. • The proposed screening plan conforms to the screening requirements of the ordinance. • • 3• The use is allowed in an interim use in the respective zoning district. • The Light Industrial zoning district includes one interim use at Sec. 8, Subd. 1.K.: open and outdoor storage as a principal or accessory use The date or event that will terminate the use can be identified with certainty. • The interim use permit will expire in five (5) years, with the possibility of extension by the City Council. k. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. • No additional costs will be borne by the public. 1. The user agrees to any conditions that the City Council deem appropriate for permission of the use. The applicant will be bound by the conditions approved by the City Council. The City Council has the option of denying the request. Finding 2. The general standard for interim use permits in Sect. 2, Subd. 3.C.2.a. incorporates the general standards for all conditional use permits as listed in Section 2, Subd. 2. The proposed interim use permit complies with these standards as follows: Subd. 2. Administration: Conditional Use Permits. B. Procedure. 7. Standards. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it fords the following criteria have been met: _ a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1) Land Use Plan. 2) Transportation Plan. 3) Utility (Sewer and Water) Plans. 4) Local Water Management Plan. 5) Capital Improvement Plan. 6) Policy Plan. 7) Natural Environment Plan. • The site is guided and zoned for industrial use. The proposed activity will not increase demands on utilities or roadways. Stormwater will be managed P109 P110 according to City standards. No City capital improvements are needed. No natural features will be affected. b. The proposed development application is compatible with present and future land uses of the area. • The site is guided and zoned for industrial use. c. The proposed development application conforms to perfollnance standards herein and other applicable City Codes. • The proposed screening plan conforms to the screening requirements of the ordinance. d. Traffic generated by a proposed development application is within the capabilities of the City when level of service (LOS) requirements are met, roads have the structural capacity to accommodate projected traffic, and traffic generated will not require City street improvements. • Traffic will not exceed what is assumed within a Light Industrial zoning district. 8) The City does not relinquish any rights of local determination. • No such rights are affected. 9) The proposed development shall be served with adequate and safe water supply. 10) The proposed development shall be served with an adequate and safe sanitary sewer system. • The site is currently connected to municipal water and sanitary sewer. 11) The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. • No City capital improvements are needed. e. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. • Adherence to the conditions of approval and City requirements will avoid negative impacts. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • • • • • The site is already developed and has no significant wildlife, wetlands, habitat, surface waters, or other ecologically sensitive features. The site is not within an area of high archaeological potential where cultural resources might be found. Finding 3. Section 8, Subd. 1.K. of the zoning ordinance includes one interim use in the Light Industrial zoning district: open and outdoor storage as an accessory use. The proposed interim use permit complies with these specific standards as follows: Open and outdoor storage as a principal use provided that: a. A minimum setback of seventy -five (75) feet is provided along abutting residentially zoned properties. • The property to the west of this site is zoned R -1 (Single Family Residential) and the proposed outdoor storage will occur over 100 feet from the adjacent property. b. The setback shall include a buffer yard not less than twenty (20) feet in width provided along residentially zoned properties in compliance with Section 3, Subd. 4.Q of this Ordinance. • The property to the west of this site is zoned R -1 (Single Family Residential) and there is a buffer yard of over 100 feet in width. c. All storage is screened from view of neighboring uses and public rights -of -way via a fence or green belt planting strip or combination thereof in compliance with Section 3, Subd. 4.Q of this Ordinance. • Screening is provided via an eight foot high fence with privacy slats and landscaping materials both existing and proposed. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. • The proposed storage area will not take up required parking or loading spaces. e. All lighting be in compliance with Section 3, Subd. 4.F of this Ordinance. • No additional lighting is proposed f. The storage area is fenced and secured in an appropriate manner • The proposal includes the addition of an eight foot high fence around the storage area. P111 P112 g. The storage area is surfaced in a wear - resistant material determined by the City Engineer to be suitable to control dust and drainage. • The storage area will be surfaced with bituminous asphalt where forklift traffic is anticipated and one inch river rock where the product is stored. h. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. • All loading already occurs on site and the parking necessary for the use already exists. i. Noises emanating from the use are in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPCA 7030, as amended and City Code. A condition of approval restricting the hours of operations to between 7:00 A.M. and 9:00 P.M. will reduce the possibility of conflict with nuisance regulations. j. The use is terminated upon a specified date or the happening of an event as determined by the City. • The interim use permit will be effective for five (5) years after the date of approval with the possibility of extension at the discretion of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an Interim Use Permit for Open and Outdoor Storage as a Principal Use subject to the following conditions of approval: Conditions of Approval 1. This interim use permit is issued to and applies only to the property at 7301 Apollo Drive. 2. This interim use permit is effective for five (5) years from the date of approval by the City Council. It shall be reviewed at that time. The City Council can extend it at the Council's discretion. Without such extension the permit shall expire. 3. Prior to commencing an construction activity authorized by this interim use permit, a permit or approval must be obtained from the Rice Creek Watershed District. Any conditions or requirements of the Watershed District approval are included by reference as conditions of this interim use permit. 4. Stormwater management measures must be implemented to the satisfaction of the City Engineer before and during activities authorized by this interim use permit. • • • • • • 5. This interim use permit shall be recorded against the properly. 6. The loading operations of the business are limited to the hours between 7:00 A.M. and 9:00 P.M. 7. The improvements depicted on the submitted plans shall be completed by August 25, 2012. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2012. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. P113 P114 PROPERTY DESCRIPTION Property ID 18- 31 -22 -42 -0009 5itus Address 7301 APOLLO CT NE , LINO LAKES, MN 55014 -0000 THAT PRT OF SE1 /4 OF SEC 18 TWP 31 RGE 22 DESC AS FOL: COM AT NE COR OF SD 1/4, TH S 88 DEG 22 MIN 57 SEC W, ASSD BRG, ALG N LINE OF SD 1/4 2099.84 FT, TH 5 1 DEG 37 MIN 03 SEC E 648.37 FT, TH S 88 DEG 22 MIN 57 SEC W 70 FT, TH 5 1 DEG 37 MIN 03 SEC E 16 FT TO POB, TH 5 88 DEG 22 MIN 57 SEC W 131.85 FT, TH S 50 DEG 20 MIN 19 SEC W 203.19 FT, TH 5 80 DEG 18 MIN 27 SEC W 225 FT TO W Property LINE OF SD 1 /4,TH 5 0 DEG 01 MIN 09 SEC W ALG SD W LINE 425 FT TO NWLY R/W LINE OF CITY OF LINO Description LAKES R/W PLAT NO 1, AKA APOLLO DR, TH NELY 414.82 FT ALG SD NWLY R/W LINE & ALG A NON TAN CUR CONC TO NW HAV A RAD OF799 FT & A CEN ANG OF 29 DEG 44 MIN 48 SEC & A CHORD BRG OF N 65 DEG 12 MIN 43 SEC E, TH N 50 DEG 20 MIN 29 SEC E TAN TO LAST DESC CUR 308.46 FT, TH N 39 DEG 39 MIN 31 SEC W 70.31 FT, TH NWLY 156.03 FT ALG A TAN CUR CONC TO NE HAV A RAD OF 235 FT & A CEN ANG OF 38 DEG 02 MIN 28 SEC, TH N 1 DEG 37 MIN 03 SEC Y W TAN TO LAST DESC CUR 30 FT TO POB, EX RD, SUBJ TO EASE OF REC • • • 3AI !G 0110dYY A M N N \ \ \ N N \ \ `\ \ \1209. N N\ ss \ \ z9 ME Rt Ni 9,F4 y aW oOo etp e Q .idnoo OT1odd >i2IvWH3N3e h1l r xi 0 z < VD 17-Ni .w. r1 r 1 gng >mtmq 9bd 0 P1 z 0 0 O 6) a LAKES BUILDING COMPONENTS 7301 Apollo Court, Suite 2 Lino Lakes, MN 55014 COVER SHEET & SITE /LANDSCAPE PLAN LAKES BUILDING COMPONENTS PARKING LOT IMPROVEMENTS Lino Lakes, Minnesota (f C�� . r son McCain ENVIRONMENTAL• ENGINEERING • SURVEYING 248 Apollo Dr, Sulte 100, Lino Lakes, MN 55014 Phone: 763 - 489 -7900 Fax: 763 - 489 -7959 pert• -1911 Itvd.B 1 co S lIl ©Nf JO co co 0) co O — 3ROPERtt UNE I / / ' EX. CURB LINE APOLLO DR. .R5 EIJTY U5 1 I 1 \ I.. + ` T ' -- 4. / 1/ ! I / / r' ` O i ! \ ill Mg)S z tl _ _ _ _ _ - _ _ 1 I '1 - FA CR _ _ _ OSS 2 \1 g 1 rn II 2_m As° 8Q8 Ak 5° O "e q' _mi1 3 €58 t 1 ■ 1 Hliin»- lam" i I I \ \ \ \ \ \ \`• NNO w w 1 I 2. 50 8m 8P SWOON A-11 2 m g= 4 m I.4 - ■ '1 1 1 I ! I r WIOSS a t0I4,, \\), / I PROPOSED a FT. EMC FENCE W/GREEN SCREEN o I ... • ROPERTY UNE rn m ,8 -8 NOI103S -SS0d0 N „e4 °8g� Nu 4! �E F a MI tag ,Vgg>Z pa1 °1 E .m 2 p L.611f�$�•-II :OR 55 °3!y5 IIC xo. 1g ,5� —a al m' E 9F �� °'O AT 2' g ° °- o a E. > Qo a R ;gmn .0�CIn' RuEN�8,N. 1� - Nib °p9p °F1v Illy nm N. 5E .;..Z> �-- E. it 5 tni.,,`4 > cF' !ip m PI EA n k7 a Ba ! qll °E1 5 ° g .;' ' 5X 2 co co co Z �z 1 co — _ - - - -- / 3ROPERtt UNE -- -rte / . / / - - --- _____V_BurR8LOIL 8g A6 1 I 1 \ I.. + ` T ' Zml 7S_ STORAC SETBACK UNE ( g ` I I ill Mg)S z tl _ _ _ _ _ - _ _ 1 I '1 - FA CR _ _ _ OSS _SE C110N B _R'- I Ak 5° "e q' _mi1 3 €58 lj 1 I lam" \` EaR1N0 ROIL \ \ \ \ \ \ \`• NNO ,v---v N01103S —SSO8O V MULCH: TYPE 1 AT 2 TONS PER ACRE {DtS% ANCHORED}. 1N31NHS1l9VIS3 J ffll I3g 5 5 5 5 N ,.1709\3921 - 390077973 - 7301 9 9117 C09•tSC930199r• 13933 71004 0 07137912 63732 nil 72r LAKES BUILDING COMPONENTS 7301 Apollo Court, Suite 2 Lino Lakes, MN 55014 DETAILS / CROSS — SECTIONS LAKES BUILDING COMPONENTS PARKING LOT IMPROVEMENTS Lino Lakes, Minnesota rn Carlson McCain ENVIRONMENTAL • ENGINEERING • SURVEYING 248 Apollo Dr, Suite 100, Lino Lakes, MN 55014 Phone: 763- 489-7900 Fax: 763 - 489 -7959 • /// / / /61//\ /1///1/1//////////://h//// \\\`` \ / / / / / / / / / /�/ \\ \ \� \ \ \ \ \\ \ s \N \ \ \ \� �?a \ 'o9, \ oo� \ \1\ N S3)1V 1 OW JO 3APJCI 0110db' 4t 0 >12:IVWHON38 tb AI / C_.— n b c6 a z E S s 4 1 LAKES BUILDING COMPONENTS 7301 Apollo Court, Suite 2 Lino Lakes, MN 55014 GRADING AND DRAINAGE PLAN LAKES BUILDING COMPONENTS PARKING LOT IMPROVEMENTS Lino Lakes, Minnesota 7- Carlson McCain ENVIRONMENTAL • ENGINEERING • SURVEYING 248 Apollo Dr, Suite 100, Lino Lakes, MN 55014 Phone: 763 - 489 -7900 Fax: 763-489 -7959 eav Ceu IN nvneen9993p•ede.o 0 sniemz ca +9 nn cm CITY COUNCIL AGENDA ITEM 6Aii STAFF ORIGINATOR: Paul Bengtson MEETING DATE: June 25, 2012 TOPIC: Resolution No. 12 -57 — Performance Agreement — Lakes Building Components Accessory Outdoor Storage Yard VOLE REQUIRED: Simple Majority INTRODUCTION Lakes Building Components has requested an Interim Use Permit to allow an Accessory Outdoor Storage Yard at 7301 Apollo Court. The improvements proposed by the applicant necessitate a Site Performance Agreement to ensure that development occurs to city standards. BACKGROUND The Site Performance Agreement assembled by staff includes a financial security of $22,925 that may be drawn upon if completion stalls and the site needs to be returned to its pre - construction conditions. An escrow account is also being established for the administration of the Site Performance Agreement and will be charged for any ongoing costs the city incurs both with the final review of the Interim Use Permit and during construction of the site. The applicant has submitted an escrow deposit for the land use reviews they requested and the remaining amount will be forwarded to the Site Performance Agreement escrow. A total of $5,000 is being recommended by staff, with $1,900 of that coming from the current escrow account. The applicant will need to submit $3,100 to bring the account into conformance with the agreement. The signed agreement and these deposits must be made to the city prior to any construction on the site. RECOMMENDATION Staff recommends approval of Resolution No. 12 -57. ATTACHMENTS 1. Resolution Number 12 -57, Site Performance Agreement P1144,2. Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NUMBER 12 -57 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT FOR THE LAKES BUILDING COMPONENTS ACCESSORY OUTDOOR STORAGE YARD WHEREAS, Lakes Building Components at 7301 Apollo Court wishes to add an outdoor storage yard, and; WHEREAS, an Interim Use Permit was approved by the City Council with Resolution Number 12 -52, on June 25, 2012. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves a Site Improvement Performance Agreement (ATTACHMENT A). Jeff Reinert, Mayor AT 1'E;ST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2012. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • • Attachment A CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this th day of , 2012 is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Lakes Building Components, whose address is 7301 Apollo Court Lino Lakes, Minnesota 55014, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval of an Interim Use Permit hereinafter called the "Plans ", by the City Council on the 25th day of June, 2012 with the adoption of Resolution Number 12 -53 and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property ") described as follows: THAT PRT OF SE1 /4 OF SEC 18 TWP 31 RGE 22 DESC AS FOL: COM AT NE COR OF SD 1/4, TH S 88 DEG 22 MIN 57 SEC W, ASSD BRG, ALG N LINE OF SD 1/4 2099.84 FT, TH S 1 DEG 37 MIN 03 SEC E 648.37 FT, TH S 88 DEG 22 MIN 57 SEC W 70 FT, TH S 1 DEG 37 MIN 03 SEC E 16 FT TO POB, TH S 88 DEG 22 MIN 57 SEC W 131.85 FT, TH S 50 DEG 20 MIN 19 SEC W 203.19 FT, TH S 80 DEG 18 MIN 27 SEC W 225 FT TO W LINE OF SD 1 /4,TH S 0 DEG 01 MIN 09 SEC W ALG SD W LINE 425 FT TO NWLY R/W LINE OF CITY OF LINO LAKES R/W PLAT NO 1, AKA APOLLO DR, TH NELY 414.82 FT ALG SD NWLY R/W LINE & ALG A NON TAN CUR CONC TO NW HAV A RAD OF799 FT & A CEN ANG OF 29 DEG 44 MIN 48 SEC & A CHORD BRG OF N 65 DEG 12 MIN 43 SEC E, TH N 50 DEG 20 MIN 29 SEC E TAN TO LAST DESC CUR 308.46 FT, TH N 39 DEG 39 MIN 31 SEC W 70.31 FT, TH NWLY 156.03 FT ALG A TAN CUR CONC TO NE HAV A RAD OF 235 FT & A CEN ANG OF 38 DEG 02 MIN 28 SEC, TH N 1 DEG 37 MIN 03 SEC Y W TAN TO LAST DESC CUR 30 FT TO POB, EX RD, SUBJ TO EASE OF REC NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "On -site Work ". B. improvements off the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Off -site Work ". II. ON -SITE WORK. A. On -Site Work. The On -site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on -site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, parking areas, storm drainage systems, fencing, sidewalks, site grading, tree preservation work and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On -Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On -site Work is as follows: Description of Improvements Estimated Costs 1. Bituminous Surface $22,000 2. River Rock Surface $8,000 3. Fencing /Screening $33,500 4. Landscaping $3,000 Total Estimated Cost of Developer Improvements $66,500 Security Requirement (Total * 35 %) $22,925 C. Plans & Specifications. The Developer shall prepare plans and specifications for the making of such improvements. Said plans and specifications shall be subject to review and approval by the City of Lino Lakes. D. Construction Observation. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City • • • • • acceptance. In addition, the City shall have one or more inspectors inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all reasonable instructions received from the City's inspectors. Prior to construction, the Developer or its engineer shall schedule a preconstruction meeting at a mutually agreeable time at the Lino Lakes City Hall, located at 600 Town Center Parkway, Lino Lakes, Minnesota with contractors, subcontractors, the City staff, and other parties specified by the City to review the program for the construction work. E. Record Plans. Within thirty (30) days after the completion of the improvements the Developer shall supply the City with a complete set of reproducible mylar "Record" drawings, and two complete sets of paper copy "Record" drawings, all prepared in accordance with City standards. An electronic copy of the plans shall also be submitted in an AutoCAD DWG format. III. COMPLETION DATE. The activities authorized by site and building plan approval shall be initiated within six (6) months. If such activity is not completed within eighteen (18) months, the City may exercise any remedies as set forth in Section IX., unless an extension is granted by the City. IV. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Off -site Work and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Off -site Work. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty -five (35 %) percent of the total estimated cost of Developer's On -site and Off-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. V. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On -site and Off -site Work, including, but not limited to, the following: Total Estimated (Budget) Costs for Escrow Account $5,000 Administration (Legal, Engineering, Planning, and Contract administration) Existing project escrow as of June 19, 2012 $1,900 Additional escrow deposit required: $3,100 B. The City shall have a right to reimburse itself from the Escrow. If it appears that the actual costs incurred will exceed the estimate, then Developer and City shall review the costs required to complete the project. In such case, Developer shall deposit additional sums with the City to pay for the agreed upon increase. VI. REMEDTP,S FOR BREACH A. The City shall give prior notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within ten (10) days after such notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems appropriate. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. • • 2. Completion by the City. The City, after notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the estimated cost of completing the Work, plus the City's estimated expenses as defined herein, including any other costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be returned to the Developer. VII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the improvements to be constructed upon the premises until completion of the site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. VIII. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. IX. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. X. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. • B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed • • • CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Jason C. Wedel, City Engineer MEETING DA 1E: June 25, 2012 TOPIC: Resolution No. 12 -55, Accepting Quotes and Awarding a Construction Contract, 2012 Trail Sealcoat Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND To date, the City has not actively pursued surface maintenance of the existing pedestrian trails other than miscellaneous crack sealing. As the miles of public trail has increased over the years it is important for the City to proactively maintain these amenities to extend their useful lives and prolong costly replacement. This year Public Works included in their budget funds for seal coating a portion of the existing trails within the City. The trails that were selected for seal coating include the trails along Birch Street, Ware Road and Elm Street. • Several contractors were contacted to provide quotes for this project. The City received two quotes and the results are presented below. Contractor Amount of bid Professional Asphalt Services, Inc. Gopher State Sealcoat, Inc. $22,93 5.00 $28,544.00 Engineer's Estimate $49,170.00 RECOMMENDATION Staff recommends adoption of Resolution 12 -55 Accepting Quotes and Awarding a Construction Contract for the 2012 Trail Sealcoat Project. • P115 P116 CITY OF LLNO LAKES RESOLUTION NO. 12-55 RESOLUTION ACCEPTING QUOTES AND AWARDING A CONSTRUCTION CONTRACT, 2012 TRAIL SEALCOAT PROJECT WHEREAS. pursuant to a request for quotes for the seal coating of trails, quotes were received, and the following quotes were received complying with the request Contractor Professional Asphalt Services, Inc. Gopher State Sealcoat, Inc. Enoineer's Estimate Amount of Quote $22.935.00 $28,544.00 $49,170.00 NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Professional Asphalt Services, Inc., in the name of the City of Lino Lakes for the construction of the 2012 Trail Sealcoat Project. Adoption by the Lino Lakes City Council this 25th day of June, 2012 The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julie Bartell, City Clerk Jeff Reinert, Mayor • • • • • • CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala MEETING DATE: June 25, 2012 TOPIC: Consider Resolution No. 12 -58, Ordering Improvement, Otter Lake Road Extension VOTE REQUIRED: Simple Majority INTRODUCTION The public hearing for the Otter Lake Road improvement project was held on February 13, 2012. Minnesota Statutes, Chapter 429, requires that a resolution ordering the improvement be adopted by the City Council within 6 months of the date of the public hearing. Alternatively, the Council would need to restart the public improvement process including repetition of the notice and hearing requirements. Staff is requesting council action to order the improvement for procedural purposes. BACKGROUND On May 23, 2011 the City Council authorized preparation of a feasibility study for the proposed improvements. The study was received by the Council on January 9, 2012. A public hearing on the proposed improvements was held on February 13, 2012. The Council took action at the February 27, 2012 meeting to authorize the preparation of a special benefit study and land acquisition appraisals. On March 12, 2012 the Council approved Resolution No. 12 -27 authorizing preparation of plans and specifications. RECOMMENDATION Staff is recommending approval of Resolution No. 12 -58 Ordering the Improvement. Approval of the resolution does not commit the City to constructing the project. The Council will still need to take action to approve plans and specifications, order advertisement for bids, award a contract and acquire property before the project could commence. At any point in this process the Council may determine to terminate the project. ATTACHMENTS 1. Resolution No. 12 -58 P117 P118 CITY OF LINO LAKES RESOLUTION NO. 12 -58 RESOLUTION ORDERING IMPROVEMENT OTTER LAKE ROAD EXTENSION WHEREAS, pursuant to Resolution No. 12 -05 adopted the 9th day of January, 2012, a date for a council hearing on proposed improvement of Otter Lake Road between Main Street and a point approximately 440 feet northerly of Main Street by street construction and installation of sanitary sewer, water main, storm sewer, traffic control signals and pedestrian/bicycle facilities, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given and the hearing was held thereon on the 13th day of February, 2012, at which time all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, the City Council has authorized the preparation of plans and specifications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is necessary, cost - effective and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 9th day of January, 2009. 3. The City's Planning and Zoning Board has reviewed the proposed improvement and found that the proposed improvement is in compliance with the City's Comprehensive Plan. 4. WSB & Associates is hereby declared as the engineer for this improvement. Preparations of plans and specification for the improvements were previously ordered by City Council Resolution No. 12 -27. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: 2 Jeff Reinert, Mayor ATTEST: • Julianne Bartell, City Clerk Whereupon said resolution was declared duly passed and adopted. • • P119 ,S-pct cat 'I) ► 0-,,b ck C) \ m- cs510 Wi -/i ) Adopted Budget for 2012 9,167,602 2013 Budget Impacts Expenditures - Additions Personnel ( 2012 incr + 1% COLA & Health as discussed 73,838 Road Maint ( +5% from 2012 @ 467,250) 22,750 Capital Equip ($250,000 in 2012) 75,000 Non - Personnel @ 2% 52,404 Training 5,000 Trails ( from draft 2012 -2016 5 yr plan) 25,000 253,992 Revenues - Potential Reductions Other State Aid ( police grants) 54,000 Gas Franchise Fees 110,000 Cable TV (Apprx 25% of franchise fees) 12,500 Use of Fund Surplus 268,183 444,683 Subtotal Budget Impacts 698,675 Other Potential Impacts Rec Complex Loan 100,000 Rec Complex ? Street Reconstruction Levy Cap ( ?) ? Fund Surplus Analysis Balance 1/1/12 Less: 2012 Budget Less: Rec Complex Loan Est Balance 12/31/12 50% of Est 2013 Budget (9,167,602 + 253,992) Estimated Available Surplus 5,440,101 (268,183) (100,000) 5,071,918 (4,710,797) 361,121 Possible Reductions of Estimated Budget Gap Estimated Budget Gap 698,675 Extension of Gas Franchise Fees (90,000) Additional Policing Grants (35,000) Eliminate Trail Extensions (25,000) Use of Fund Surplus Goq Remaining Budget Gap 180,675 LE/2 t aouelea yse3 6ulpu3 5 co N O 3 0 a Z (0 0 a N 0 0 a 0y sa;egaa /slueIo N CT m C CD 0 N C a 0 O Q Sf C) 0 N d Beginning Undesignated Cash Satan w 0) co N O O O W O 0 O N O 0) 0 0 O 0 N O W W O ewwns a3Jnos ublic Works Facility estimated cost of $6,000,000 Probable Joint Venture with Anoka County - cost may be adjusted z 2012 Reroof Fire Station # 2 2012 Subtotal 2013 Salt/Sand Storage Building' 0 0 0 0 0_ 0_ 0 0 0,4 0) 00 O▪ A A CO W • N N N (0 (0 Q � o Q co- Q o. 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