Loading...
HomeMy WebLinkAbout02/14/2012LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, FEBRUARY 14, 2012 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council.. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL THE MEETING TO ORDER 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the January 24, 2012, City Council Meeting c. Claims Totaling $90,531.13 4. CONSENT a. 2012 Rental Housing and Business Licenses b. 2012 Garbage Haulers Licenses. c. December Finances d. Fourth Quarter / Year -End Investment Report e. Replacement Computer Purchase 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. a. Hamline Autobody Conditional Use Permit Application 8. DISCUSSION / ACTION ITEMS a. Hamlin Autobody Conditional Use Permit Application b. Personnel Policy Discussion 9. ITEMS REMOVED FROM THE CONSENT AGENDA iT1W.1%) 1111 C1)Zr.V1f V Y 0-01 11. SET AGENDA FOR NEXT MEETING a. Legislative Updates by State Senator John Marty and State Representative Mindy Greiling b. Annual Police Report 12. WORK SESSION a. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. b. Municipal Liquor Store Discussion 13. CLOSED SESSION a. Union Negotiations 14. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 2 January 24, 2012 Mayor Dains called the City Council meeting to order at 7:35 p.m. Councilors present: Mary Gaasch, Roxanne Grove, Denise Hawkinson, Lara Mac Lean, and Mayor Jeff Dains. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator. Mayor Dains asked for changes to the meeting agenda. Councilor Mac Lean added the donation of a photograph to the agenda. Councilor Grove moved to approve the agenda as amended. Councilor Hawkinson seconded the motion and it passed unanimously. Councilor Gaasch moved to approve the January 10, 2012, City Council meeting minutes. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Mac Lean moved approval of the claims totaling $33,692.26. Councilor Hawkinson seconded the motion and it passed unanimously. Councilor Gaasch moved the consent agenda approving 2012 rental housing and business licenses and approving purchase of a replacement computer for the deputy clerk. Councilor Mac Lean seconded the motion and it passed unanimously. Seth Dahlquist, 1966 Walnut Street, addressed the Council. He recently purchased a photo of the Lauderdale School and school board from 1921 and wanted to donate it to the City. The council discussed the value of the photo to the City and thanked Dahlquist for donating it. The Council discussed the draft ordinance that would prohibit parking in alleys for longer than 20 minutes. Staff will ask the city attorney to review it prior to adoption. Butkowski reviewed the preliminary agenda for the next meeting, which included garbage hauler licenses, Hamline Autobody's conditional use permit application, December Finances, and year- end investment report. Mayor Dains explained the Council was moving into the work session. Work sessions are a continuation of the meeting but not aired on community television. The Mayor asked if anyone present wished to address the Council. No one addressed the Council. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 2 City consultant Paul Bilotta addressed the Council. He identified for the Council the next steps in determining if and where to locate a municipal liquor store. He suggested establishing a liquor store committee with members from council and staff. Councilors Gaasch and Hawkinson volunteered. The Council also directed staff to contact Brian Malzer to see if he would be willing to sit on the committee. The Mayor also suggested hosting a meeting with the business community again to keep them informed. The Council moved into closed session to perform the city administrator's annual performance review. The Council came out of closed session and discussed approving the step increase previously established in the City's employment agreement with Butkowski. Councilor Mac Lean motioned to move Butkowski's compensation to Step 5 of the city administrator's pay scale per the employment agreement. Councilor Gaasch seconded the motion and it passed unanimously. There being no further business on the council agenda, Councilor Hawkinson moved to adjourn the meeting. Councilor Mac Lean seconded the motion and it carried. The meeting adjourned at 9:01 p.m. Respectfully submitted, Heather Butkowski City Administrator CITY OF LAUDERDALE CLAIMS FOR APPROVAL February 14, 2012 City Council Meeting Payroll 02/10/12 Payroll: Direct Deposit # 501318-501325, 021082 $8,478.75 102/10/12 Payroll: Payroll Liabilities, e -payments #632E -634E $6,143.931 02/14/12 Claims: Check #'s 21083-21084, 631 E $372.23 02/14/12 Claims: Check #'s 21085-21111 $75,536.22 SUBTOTAL $90,531.131 Total Claims for Approval $90,531.13 CITY OF LAUDERDALE 02/10/1212:58 PM Page 1 *Claim Register© 020312pyrol FEBRUARY 2012 Jnr-" �,-� � ✓� �. u � � mow- . „� z � ~ _. ._. Claim Type Direct Claim# 18 NORTH STAR BANK, CHECKING S Ck# 000632E 2/3/2012 Cash Payment G 101-21701 FEDERAL TAXES 02/03/2012 Payroll $1,308.72 Invoice Cash Payment G 101-21703 FICA WITHHOLDING. 02/03/2012 Payroll $1,815.05 Invoice Transaction Date 2/3/2012 Due 0 NORTH STAR CHEC 10100 Total $3,123.77 Claim# 19 PERA Ck# 000633E 2/3/2012 Cash Payment G 101-21704 PERA 02/03/2012 Payroll $1,604.64 Invoice Transaction Date 2/3/2012 Due 0 NORTH STAR CHEC 10100 Total $1,604.64 Claim# 20 ICMA RETIREMENT TRUST- 457 Ck# 000634E 2/3/2012 Cash Payment G 101-21705 ICMA RETIREMENT 02/03/2012 Payroll $1,415.52 Invoice Transaction Date 2/3/2012 Due 0 NORTH STAR CHEC 10100 --_........------- Total $1,415.52 Claim Type Direct Total $6,143.93 Pre -Written Checks $6,143.93 Checks to be Generated by the Compute $0.00 Total $6,143.93 CITY OF LAUDERDALE 02/10/12 1:09 PM Page 1 `Check Detail -Register© FEBRUARY 2012 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $356.71 601 SEWER UTILITIES $15.52 $372.23 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 000631 E 1/30/2012 MN DEPARTMENT OF REVENUE G 101-21710 SALES & USE TAX $28.00 2011 MN sales & use tax Total MN DEPARTMENT OF REVENUE $28.00 Paid Ch k# 021083 2/14/2012 RAMSEY COUNTY, PROP REC & REV E 101-41100-352 PUBLIC INFO NOTICES $158.01 2011 Property Tax Notice Total RAMSEY COUNTY, PROP REC & REV $158.01 Paid Chk# 021084 2/14/2012 ST PAUL REGIONAL WATER SERVICE E 101-45200-382 WATER $155.18 4Q11 Water - Warming House E 601-49000-382 WATER $15.52 4Q11 Water - PW Garage E 101-43000-382 WATER $15.52 4Q11 Water - City Hall otal ST PAUL REGIONAL WATER SERVICE $186.22 10100 NORTH STAR CHECKING $372.23 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $356.71 601 SEWER UTILITIES $15.52 $372.23 CITY OF LAUDERDALE 02/10/12 1:15 PM Page 1 *Check Detail Register© FEBRUARY 2012 Check Amt Invoice Comment .✓� ....r,�, � .s"' ,-� „-"'�' -�' K? `.��`v=���"�. � ^� �.x.,., - ^'r�r' �.✓/,.^=- .ter '�^- . r :.r,-...�--�'" 10100 NORTH STAR CHECKING Paid Chk# 021085 2/14/2012 ABDO EICK & MEYERS LLP E 602-49100-301 AUDITING $240.00 2011 financial audit E 601-49000-301 AUDITING $240.00 2011 financial audit E 101-41500-301 AUDITING $1,920.00 2011 financial audit Total ABDO EICK & MEYERS LLP $2,400.00 Paid Chk# 021086 2/14/2012 LL LLALL FLAGS, LLC E 101-41200-201 GENERAL SUPPLIES $68.64 3 Nylon US Flags for City Hall Total ALL FLAGS, LLC $68.64 Paid Chk# 021087 2/14/2012 CARTRIDGECARE INC. E 101-41200-201 GENERAL SUPPLIES $41.78 1 Toner Cartridge Total CARTRIDGECARE INC. $41.78 Paid Chk# 021088 r 2/14/2012 CINTAS E 602-49100-425 CLOTHING $64.58 PW Clothing E 601-49000-425 CLOTHING $64.58 PW Clothing Total CINTAS $129.16 Paid Chk# 021089 2/14/2012 CITY OF FALCON HEIGHTS E 101-42100-322 FIRE FALSE ALARMS $240.89 1/12 Fire Call - False Alarm E 101-42100-321 FIRE CALLS $3,372.39 1/12 Fire Calls Total CITY OF FALCON HEIGHTS $3,613.28 Paid Chk# 021090 2/14/2012 CITY OF ROSEVILLE E 101-41200-391 TELEPHONE/PAGERS $95.40 2/12 phone service E 101-41200-306 CONSULTING FEES $398.75 2/12 IT services Total CITY OF ROSEVILLE $494.15 Paid Chk# 021091 2/14/2012 CITY OF ST ANTHONY E 101-42100-319 POLICE CONTRACT $49,672.42 2/12 Police Contract Total CITY OF ST ANTHONY $49,672.42 Paid Chk# 021092 2/14/2012 CITY OF WHITE BEAR LAKE E 101-43000-327 OTHER SERV- SEWER/NPDES 1 $219.12 2012 RC GIS Fees Total CITY OF WHITE BEAR LAKE $219.12 Paid Chk# 021093 2/14/2012 CROIX OIL E 602-49100-212 MOTOR FUELS $28.24 1/12 Motor Fuels E 601-49000-212 MOTOR FUELS $28.24 1/12 Motor Fuels E 101-43000-212 MOTOR FUELS $131.78 1/12 Motor Fuels Total CROIX OIL $188.26 Paid Chk# 021094 2/14/2012 GAMETIME E 404-48404-525 PLAYGROUND (CDBG) $2,647.12 Replacement Parts - Playground Equipment Total GAMETIME $2,647.12 Paid Chk# 021095 2/14/2012 GOPHER STATE ONE -CALL CITY OF LAUDERDALE 02/10/121:15 PM Page 2 *Check Detail Register© FEBRUARY 2012 G 101-21706 HEALTH INSURANCE E 101-42100-442 MISC E 101-42100-318 911 Dispatch E 101-41200-355 MISC PRINTING/PROCESS SER Total RAMSEY COUNTY, PROP REC & REV Paid Chk# 021105 2/14/2012 RAPIT PRINTING E 101-41200-353 NEWSLETTER PRINTING Total RAPIT PRINTING Paid Chk# 021106 2/14/2012 SAM S CLUB $429.15 2/12 insurance benefits Check Amt Invoice Comment $1,010.43 01/12 911 Dispatch $25.00 E 101-43400-386 GOPHER STATE ONE CALL $17.50 1/12 Locates Total GOPHER STATE ONE -CALL $17.50 Paid Chk# 021096 LL 2/114/2012 HEWLETT-PACKARD CO E 101-41200-538 COMPUTER SOFTWARE & EQU $647.84 New PC - Deputy Clerk Total HEWLETT-PACKARD CO $647.84 Paid Chk# 021097 2/14/2012 HOME DEPOT CRC E 101-43000-228 MISC REPAIRS MAINT SUPPLIE $56.73 City Hall Supplies Total HOME DEPOT CRC $56.73 Paid Chk# 021098 2/14/2012 HUGHES AND COSTELLO E 101-41500-355 MISC PRINTING/PROCESS SER $8.80 01/12 Legal Fees E 101-41500-300 LEGAL FEES - PROSECUTING $850.00 01/12 Legal Fees Total HUGHES AND COSTELLO $858.80 Paid Chk#021099 2/1rz4/2012 KONICA MINOLTA? E 101-41200-401 COPIER CONTRACT $227.95 02/12 Copier Contract Total KONICA MINOLTA $227.95 Paid Chk# 021100 2/14/2012 LILLIE SUBURBAN NEWS E 101-41100-352 PUBLIC INFO NOTICES $114.00 Public Notice - 2012 Budget E 101-43400-355 MISC PRINTING/PROCESS SER $33.25 Public Notice - Hamline CUP Total LILLIE SUBURBAN NEWS $147.25 Paid Chk# 021101 2/14/2012 MET -COUNCIL ENVIRONMENTAL SER.'a°'- _ E 601-49000-387 WATER TREATMENT SERVICE $9,765.51 3/12 Wastewater Treatment Dtal MET -COUNCIL ENVIRONMENTAL SER. $9,765.51 Paid Chk# 021102 2/14/2012 MUNICIPAL/COMMERCIAL SEWER E 601-49000-327 OTHER SERV- SEWER/NPDES 1 $630.00 Emergency Sewer Jetting at Eustis/Como Total MUNICIPAL/COMMERCIAL SEWER $630.00 Paid Chk# 021103 2/14/2012 PREMIUM WATERS, INC E 101-41200-208 WATER DELIVERY $25.77 01/12 Water Delivery Total PREMIUM WATERS, INC $25.77 Paid Chk# 021104 2/14/2012 RAMSEY COUNTY, PROP REC & REV G 101-21706 HEALTH INSURANCE E 101-42100-442 MISC E 101-42100-318 911 Dispatch E 101-41200-355 MISC PRINTING/PROCESS SER Total RAMSEY COUNTY, PROP REC & REV Paid Chk# 021105 2/14/2012 RAPIT PRINTING E 101-41200-353 NEWSLETTER PRINTING Total RAPIT PRINTING Paid Chk# 021106 2/14/2012 SAM S CLUB $429.15 2/12 insurance benefits $6.24 01/12 800 MHz radio licenses $1,010.43 01/12 911 Dispatch $25.00 2/12 insurance benefits $1,470.82 $628.00 1Q 2012 Newsletter Printing $628.00 CITY OF LAUDERDALE 02/10/12 1:15 PM Page 3 *Check Detail Register© FEBRUARY 2012 10100 NORTH STAR CHECKING $75,536.22 Fund Summary 10100 NORTH STAR CHECKING Check Amt Invoice Comment 404 PARK IMPROVEMENT $2,647.12 E 101-41200-442 MISC $70.00 2012 Annual Membership Total SAM S CLUB $70.00 Paid Chk# 021107 2/14/2012 SPRINGSTED E 101-41200-308 TRAINING\CONFERENCES $100.00 JB - Professional Devel. Academies 1,2,3 Total SPRINGSTED $100.00 Paid Chk# 021108 2/14/2012 UNIVERSITY OF MINNESOTA E 101-43400-308 TRAINING\CONFERENCES $175.00 DH -2012 Shade Tree Seminar Total UNIVERSITY OF MINNESOTA $175.00 Paid Chk# 021109 2/14/2012 WASTE MANAGEMENT E 101-43000-384 REFUSE DISPOSAL $160.54 2/12 Refuse Disposal - Public Works Total WASTE MANAGEMENT $160.54 Paid Chk# 021110 2/14/2012XCEL ENERGY, CITY HALL E 101-43000-383 GAS UTILITIES $322.64 1/12 City Hall Utilities - Gas E 101-43000-381 ELECTRIC $196.79 1/12 City Hall Utilities - Electric Total XCEL ENERGY, CITY HALL $519.43 Paid Chk# 021111 2/14/2012 XCEL ENERGY, STREET LIGHTING E 101-43000-381 ELECTRIC $43.93 1/12 Bridge Lights E 101-43000-380 STREET LIGHT UTILITY $517.22 1/12 Street Lights Total XCEL ENERGY, STREET LIGHTING $561.15 10100 NORTH STAR CHECKING $75,536.22 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $61,827.95 404 PARK IMPROVEMENT $2,647.12 601 SEWER UTILITIES $10,728.33 602 STORM SEWER ENTERPRISE FUND $332.82 $75,536.22 LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent X_ Public Hearing Discussion Action Resolution Work Session FMeeting February 14, 2012 BER: 2012 Rental & Business Licenses IAL: KK DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: A list of rental property and business owners who have completed the rental hous- ing inspections and/or renewed their application for licensure for 2012. Northeast Tree Seivice—Tree Contractor Branch and Bough Tree Service—Tree Contractor A-1 Walsh Inc.– Tree Contractor Boehm Heating—HVAC License 1626 Rosehill Circle—Rental Housing 1804 Eustis Street—Rental Housing 1764 Pleasant Street—Rental Housing OPTIONS: 1. Motion to approve listed licenses for 2012. 2. Motion to deny all or some of the listed license applications for 2012. STAFF RECOMMENDATION: By approving the consent agenda, the Council approves the completed 2012 Licenses on the attached list. COUNCIL ACTION: ACTION REQUESTED Consent X LAUDERDALE COUNCIL MEETING DATE February 14, 2012 Special Public Hearing ITEM NUMBER 2012 Garbage Hauler Licenses Report ssion/Action STAFF INITIAL Jim lution L session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The following five companies have submitted complete residential and/or commercial garbage hauler license applications for 2/1/12-1/31/13: Company Waste Management Walter's Veolia Allied Waste Aspen Waste OPTIONS: 1) Approve as consent item. 2) Do not approve as consent item. Residential License (# of Trucks) Commercial License (# of Trucks) 2 5 1 1 1 1 1 3 0 3 STAFF RECOMMENDATION: By approving the consent agenda, the council is approving the 2012 garbage hauler licenses for Waste Management, Walter's, Veolia, Allied Waste, and Aspen Waste. COUNCIL ACTION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date February 14, 2012 ITEM NUMBER December Finances STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Every month I provide the Council with an updated copy of the city's finances. Following are the numbers for December (does not show any audit entries). OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges the city's finances for Decem- ber 2011. COUNCIL ACTION: GENERAL FUND REVENUE 2009 2010 2011 2011 2012 Actual Actual Adopted As of Dec. 31 Proposed CITY LEVIED TAXES 31010 Current Ad Valorem 425,397 411,088 470,047 418,398 496,993 31020 Delinquent Ad Valorem 3,534 1,841 - 10,406 - 31040 Fiscal Disparities 101,843 109,600 110,683 107,957 101,159 SUB TOTAL PROPERTY TAXES 530,775 522,528 580,730 536,761 598,152 STATE AIDE 33401 Local Government Aide 557,218 516,153 519,747 516,153 516,153 33405 PERA Rate Increase Aide 1,198 1,198 1,198 1,198 1,198 33406 Market Value Home Credit 28,839 101 (31,811) 64 - TOTAL STATE AIDE 587,255 517,452 489,134 517,415 517,351 LICENSES AND FEES 32110 3.2 Alcohol License 150 150 150 150 150 32120 Cigarette License 200 600 400 400 400 32130 Garbage Hauler Licenses 1,170 1,275 750 1,125 1,000 32140 HVAC Licenses 890 1,453 600 1,250 600 32150 Tree Company License 140 700 300 300 300 32180 Rental License Fee 3,366 4,091 3,000 3,534 3,000 32240 Animal Licenses 290 390 250 380 250 34101 City Hall/Park Rental 3,945 4,955 2,500 7,080 4,000 43103 Administrative Fee 83 - 200 25 - 34105 Sale of Publications - - - 64 - 34109 Copies 61 51 50 - 50 34114 Advertising sales - 50 - 75 - 34115 Miscellaneous Revenue - - - - - TOTAL LICENSES AND FEES 10,295 13,715 8,200 14,383 9,750 REVENUE OTHER 36100 Special Assessments 9,677 20,918 - 45,304 - 36101 Principal - - - - - 36102 Penalties and Interest 2,182 1,485 - 4,965 - 36103 Tree Removal - - - - - 36200 Miscellaneous Revenue - - - - - 36211 Investment Interest 11,018 6,492 7,000 6,991 6,000 36230 Donations 3,000 - 1,500 - 36231 Dog Park Donations 50 10 - 25 - 36240 State Surcharge - Construction Pen -nits 539 336 250 444 300 36250 Refunds and Reimbursements 3,511 1,140 - - - 36252 LMC1T Insurance Dividend 2,905 3,015 - 3,783 - 36255 Miscellaneous - - - 23 - 39101 Sales Fixed Assets I - - - - TOTAL OTHER REVENUE 29,882 36,396 7,250 63,035 6,300 PUBLIC SAFETY 40,547 41,330 34,500 48,308 38,500 PLANNING & INSPECTIONS 20,487 13,674 10,600 13,894 8,200 TRANSFERS FROM OTHER FUNDS - - - - - GENERAL FUND REVENUE TOTAL GENERAL FUND REVENUE GENERAL FUND EXPENDITURES Legislative Administrative Audit, Elections, and Legal Services Public Safety Police Fire Prosecution Public Works Planning & Inspections Parks and Recreation Development EXPENDITURES BEFORE TRANSFERS Contingency Transfers Out TOTAL GENERAL FUND EXPENDITURES 2009 2010 2011 2011 2012 Actual Actual Adopted As of Dec. 31 Proposed 1,219,241 1,145,095 1,130,414 ' 1,193,796 1,178,253 22,634 24,481 26,193 25,429 27,563 168,728 144,697 157,366 141,947 163,030 6,234 46,958 48,857 41,923 52,873 582,567 585,398 605,287 599,966 613,695 35,529 29,232 32,500 32,782 35,500 11,545 - - - - 92,877 86,632 105,044 90,544 101,724 22,568 46,241 56,322 41,876 52,620 71,716 63,978 64,845 63,001 65,248 1,235 1,648 14,000 5,882 26,000 1,015,633 1,029, 264 1,110,414 1,043,349 1,138, 253 - - 20,000 - 20,000 31,000 112,594 - - 20,000 1,046,633 1,141,858 1,130,414 1,043,349 1,178,253 2010 2011 2011 2012 Actual Adopted As of Dec. 31 Proposed 13,200 13,200 2009 13,200 LEGISLATIVE (41100) Actual EXPENDITURES 1,010 Personnel 103 98 103 Part-time employees 13,200 122 FICA 1,010 151 Workers Comp 59 500 Subtotal Personnel 14,269 General Operations 930 2,000 201 General Supplies - 202 Permanent Supplies - 203 Postage 84 305 Legal Fees - 308 Training and Conferences - 331 Travel 24 352 Public Notices 292 361 General Liability 5,228 438 Dues and Subscriptions 2,671 439 Special Events - 440 Meeting Expenses 66 442 Miscellaneous Expenses - Subtotal General Operations 8,365 Capital Equipment 530 Furniture and Equipment - 538 Computer software and Equipment - Subtotal Capital Equipment - TOTAL LEGISLATIVE EXPENSE; 22,634 2010 2011 2011 2012 Actual Adopted As of Dec. 31 Proposed 13,200 13,200 13,200 13,200 1,010 1,010 1,010 1,010 118 103 98 103 14,328 14,313 14,308 14,313 39 - 100 - 500 - - - 930 2,000 1,634 3,000 72 130 337 500 391 700 634 700 5,331 6,000 5,556 6,000 2,695 2,800 2,756 2,800 196 250 104 250 10,153 11,880 11,121 13,250 24,481 26,193 25,429 27,563 ADMINISTRATION 2009 2010 2011 2011 2012 & FINANCE (41200) Actual Actual Adopted As of Dec. 31 Proposed EXPENDITURES Personnel 101 Full-time employees 102,536 90,954 93,081 89,552 99,551 104 Temp. employees - - - - - 121 PERA 6,836 6,470 6,748 6,405 7,217 122 FICA 8,004 7,297 7,121 7,074 7,616 131 Benefits (health, dental, etc) 9,272 10,116 11,340 10,624 12,150 142 Unemployment Benefits - 55 - 110 - 151 Workers Compensation 559 965 726 712 796 Subtotal Personnel 127,206 115,857 119,016 114,477 127,330 General Operations 201 General Supplies 1,731 1,899 2,200 596 1,500 203 Postage 1,817 2,626 4,000 2,570 3,500 208 Water cooler water 303 277 450 295 400 301 Auditing 12,904 - - - - 305 Legal contract - Civil 3,567 - - - - 306 Consulting fees (IT Support) 5,440 5,440 5,500 5,440 6,000 307 Computer Services (Banyon) 1,560 1,561 1,600 1,561 1,600 308 Training and conferences 1,004 772 2,000 1,315 2,000 309 Newspaper - Roseville Review - - - - 327 Other Services - - - 108 400 331 Travel Expenses 929 765 1,200 711 1,000 352 Public information and notices 726 662 1,500 689 1,000 353 Newletter Printing 2,469 2,438 4,000 2,508 3,000 354 Phonebook Printing - - - - - 355 Miscellaneous printing & process 285 1,000 1,200 270 500 361 General liability 4,652 4,955 5,300 5,113 5,500 391 Telephones/Fax (City Hall) 1,769 1,666 2,000 1,739 2,000 401 Copier 379 1,349 2,800 2,852 3,000 404 Computer Repair/Maintenance - - - - - 409 Other equipment repair - - - - - 438 Dues and Subscriptions 1,474 2,491 3,000 1,476 2,600 440 Meeting Expenses 85 159 100 53 200 442 Miscellaneous expenses 78 779 500 173 500 Subtotal General Operations 41,172 28,840 37,350 27,470 34,700 Capital Expenditures 530 Furniture and equipment - - - - - 531 Office equipment - - - - - 534 Office furniture - - - - - 538 Computers and technology 351 - 1,000 - 1,000 Subtotal Capital 351 - 1,000 - 1,000 TOTAL EXPENSES 168,728 144,697 157,366 141,947 163,030 AUDITING, ELECTIONS, 2009 2010 2011 2011 2012 AND LEGAL SERVICES (41500) Actual Actual Adopted As of Dec. 31 Proposed EXPENDITURES Personnel 101 Full-time employees 3,724 12,440 6,952 10,967 9,899 104 Temp. employees 968 2,242 - - 2,500 121 PERA 239 869 504 760 535 122 FICA 296 974 532 847 565 131 Benefits (health, dental, etc) 198 1,486 840 1,370 900 151 Workers Compensation 35 105 54 57 74 Subtotal Personnel 5,461 18,116 8,882 14,001 14,473 General Operations 201 General Supplies - 512 - - 300 300 Legal Services - Prosecution - 10,032 12,000 10,200 12,000 301 Auditing - 12,880 14,000 13,576 14,000 305 Legal Services - Civil - 4,581 12,000 3,404 10,000 327 Other Services 586 432 800 426 700 331 Travel Expenses - - 75 - - 352 Public information & Notices 96 - 100 - 500 355 Miscellaneous Fees - 406 1,000 316 700 409 Other equipment and repair - - - - - 440 Meeting expenses 91 - - - 200 442 Miscellaneous expenses - - - - - Subtotal General Operations 774 28,842 39,975 27,922 38,400 Capital Expenditures 530 Furniture and equipment - - - - - 531 Office equipment - - - - - 534 Office furniture - - - - - 538 Computers and technology - - - - - Subtotal Capital - - - - - TOTAL EXPENSES 6,234 46,958 48,857 41,923 52,873 2009 2010 2011 2011 2012 PUBLIC SAFETY (42100) Actual Actual Adopted As of Dec. 31 Proposed REVENUE 34202 False Fire Alarm 424 - 500 34203 Fire Inspection Fee - - 1,000 34205 Fire Call Reimbursement 1,252 - - 35101 Court Fines (including traffic tickets) 38,872 41,330 33,000 TOTAL REVENUE 40,547 41,330 34,500 EXPENDITURES General Operations 305 Legal Fees - Prosecution 10,152 - - 355 Miscellaneous fees - Printing 1,392 - - Subtotal Prosecution 11,545 - - 318 911 Dispatch - - 9,620 319 Police Contract 578,250 578,595 590,167 360 General Liability - - 5,000 391 Telephone/Pager - 442 Miscellaneous Exp. 4,317 6,803 500 Subtotal Police 582,567 585,398 605,287 320 Fire Contract 18,630 17,826 18,000 321 Fire Calls 16,475 11,186 13,000 322 False Fire Alarms 424 219 500 323 Fire Inspections - - 1,000 Subtotal Fire 35,529 29,232 32,500 TOTAL EXPENSES 629,641 614,630 637,787 223 500 - 1,000 48,085 37,000 48,308 38,500 9,620 12,126 590,167 596,069 - 5,000 179 500 599,966 613,695 17,685 18,000 14,874 16,000 223 500 - 1,000 32,782 35,500 632,748 649,195 2009 2010 2011 2011 2012 PUBLIC WORKS (43000) Actual Actual Adopted As of Dec. 31 Proposed EXPENDITURES Personnel 101 Full-time employees 102 Overtime/On-Call 121 PERA 122 FICA 131 Benefits (health, dental, etc) _ 151 Workers Compensation 2,193 Subtotal Personnel General Operations 202 Permanent Supplies 212 Motor Fuels 213 Lubricants and other fluids 225 Landscaping Materials 226 Signs 227 Tools and Equipment 228 Miscellaneous Repairs & Supplies 304 Engineering Contract 308 Training and conferences 313 Snow and Ice Removal Contact 314 Street Sweeping Contract 317 Tree Service 324 Alley Repair 327 Other Services/ Floor Maintenance 328 Street Repair 380 Electricity - Street Lighting 381 Electricity 382 Water 383 Gas Utilities 384 Refuse Disposal 391 Telephone/Pagers 402 Truck repair and Maintenance 426 Machinery rental 442 Miscellaneous - Subtotal General Operations Capital Expenditures 530 Furniture and equipment 538 Land 5,207 Subtotal Capital 15,000 TOTAL EXPENSES 44,294 31,244 27,248 31,449 28,066 2,191 3,030 3,000 2,451 3,000 3,004 2,573 2,193 2,453 2,252 3,516 2,920 2,314 2,720 2,377 4,702 4,162 4,200 4,505 4,500 2,097 3,549 2,526 2,487 1,429 59,804 47,477 41,481 46,065 41,624 - 305 - 676 500 1,587 2,500 2,200 3,130 3,000 - - - 46 - 15 - 963 21 - 1,008 457 1,500 2,469 2,000 - 337 3,000 - 1,000 165 165 400 165 400 5,207 11,268 15,000 11,442 15,000 5,062 5,026 6,000 4,762 6,000 3,214 3,642 10,000 3,441 10,000 - - 1,000 - 1,000 356 328 3,000 1,364 1,500 - - 500 - - 6,168 5,896 6,400 6,177 6,400 2,457 3,067 3,400 3,119 3,200 69 63 100 52 100 3,075 2,674 4,000 2,622 3,500 1,189 1,481 1,600 1,967 3,000 534 488 500 361 500 2,968 1,363 3,800 2,653 3,000 - 96 200 12 - 33,073 39,154 63,563 44,479 60,100 92,877 86,632 105,044 90,544 101,724 2009 PLANNING & INSPECTIONS (43400) Actual REVENUE Capital Expenditures 530 Furniture and equipment 531 Office equipment 534 Office furniture 538 Computers and technology Subtotal Capital TOTAL EXPENSES 2010 2011 2011 2012 Actual Adopted, As of Dec. 31 Proposed 11,688 Other 32210 Building Permits 32211 Zoning Permit Applications 32225 Plan Review 32230 Plumbing Permits 32270 HVAC Permits 32280 Street Excavation 34110 Variance Fee 34112 Conditional Use Permit 34113 Zoning Amendment 1,410 TOTAL REVENUE EXPENDITURES 1,650 Personnel 100 101 Full-time employees 121 PERA 122 FICA 131 Benefits (health, dental, etc) 151 Workers Compensation 13,674 Subtotal Personnel General Operations 201 General Supplies 202 Permanent Supplies 203 Postage 306 Consulting Fees 308 Training and conferences 312 Building Inspector 327 Other Services 331 Travel Expenses 355 Miscellaneous Printing 386 Gopher State One Call 442 Miscellaneous expenses 443 Surcharge Report 280 Subtotal General Operations Capital Expenditures 530 Furniture and equipment 531 Office equipment 534 Office furniture 538 Computers and technology Subtotal Capital TOTAL EXPENSES 2010 2011 2011 2012 Actual Adopted, As of Dec. 31 Proposed 11,688 9,163 7,000 8,967 5,000 1,210 700 200 850 500 4,692 1,488 2,000 1,559 1,000 1,236 1,248 600 768 700 1,410 975 800 1,650 1,000 100 100 41,722 100 - 150 - - - - 20,487 13,674 10,600 13,894 8,200 14,686 27,923 31,308 25,898 32,444 963 1,966 2,270 1,843 2,352 1,169 2,330 2,395 .2,183 2,482 1,110 3,409 4,410 3,604 4,725 207 1,224 1,339 1,319 1,317 18,136 36,852 41,722 34,847 43,320 173 219 500 360 300 452 8,015 10,000 5,228 5,300 450 450 500 500 500 2,408 35 2,500 - 2,000 531 422 600 486 600 - 10 - 175 200 419 239 500 280 400 4,432 9,389 14,600 7,029 9,300 22,568 46,241 56,322 41,876 52,620 2010 2011 2011 2012 Actual Adopted As of Dec. 31 Proposed 41,317 37,855 2009 38,932 PARKS AND RECREATION (45200) Actual EXPENDITURES 6,000 2,960 Personnel 2,964 2,823 101 Full-time employees 51,253 104 Temp. employees 3,555 121 PERA 3,431 122 FICA 4,322 131 Benefits (health, dental, etc) 5,102 151 Workers Compensation 260 263 Subtotal Personnel 67,923 General Operations 107 200 201 General Supplies 127 202 Permanent Supplies 89 225 Landscaping Materials - 228 Miscellaneous Repairs & Maintenance. 191 317 Tree Service - 370 Park and Rec Expenses 700 371 Non -Resident Reimbursment 429 381 Electric 439 382 Water 172 383 Gas Utility 801 384 Refuse - 391 Telephones and Pagers - 403 Mower repair - 412 Warming House Repair - 427 Porta Potty Rental 767 442 Miscellaneous 78 5,296 Subtotal General Operations 3,793 Capital Expenditures 63,978 550 Other Improvements - Subtotal Capital - TOTAL EXPENSES 71,716 2010 2011 2011 2012 Actual Adopted As of Dec. 31 Proposed 41,317 37,855 41,006 38,932 4,403 6,000 4,199 6,000 2,960 2,744 2,964 2,823 3,747 3,355 3,633 3,437 4,946 5,880 5,471 6,300 1,309 1,161 1,147 1,256 58,682 56,995 58,420 58,748 45 200 263 300 32 200 107 200 - 500 - 100 144 250 58 250 700 700 700 700 1,137 1,000 1,608 1,300 477 700 425 500 173 300 86 200 617 1,200 635 1,000 20 100 21 50 1,275 1,500 - 1,000 33 100 - 100 630 800 363 500 13 300 315 300 5,296 7,850 4,581 6,500 63,978 64,845 63,001 65,248 2009 2010 2011 2011 2012 CONTINGENCY (45300) Actual Actual Adopted As of Dec. 31 Proposed REVENUE Other TOTAL REVENUE EXPENDITURES General Operations 444 CONTINGENCY FUNDS 710 OPERATING TRANSFERS Subtotal General Operations TOTAL EXPENSES - - 20,000 - 20,000 - - 20,000 - 20,000 - - 20,000 - 20,000 2009 2010 2011 2011 2012 TRANSFERS OUT (45400) Actual Actual Adopted As of Dec. 31 Proposed REVENUE Other - - - - TOTAL REVENUE - - - - - EXPENDITURES 732 Transfers to 302 31,000 - - - - 733 Transfers to 303 - - - - - 734 Transfers to 304 - - - - - 741 Transfers to 401 - 56,297 - - - 742 Transfers to 402 - - - - 20,000 743 Transfers to 403 - - - - - 744 Transfers to 404 - 56,297 - - - 745 Transfers to 405 - - - - - Total Transfers 31,000 112,594 - - 20,000 2009 2010 2011 2011 2012 DEVELOPMENT (48100) Actual Actual Adopted As of Dec. 31 Proposed REVENUE Other - - - - - TOTAL REVENUE - - - - - EXPENDITURES General Operations 306 Consulting Fees 1,235 1,648 14,000 5,882 26,000 442 Miscellaneous expenses - - - - - Subtotal General Operations 1,235 1,648 14,000 5,882 26,000 TOTAL EXPENSES 1,235 1,648 14,000 5,882 26,000 Expenditures Before Transfers Tranfers Total Expenditteres 956,526 1,074,134 1,074,134 1,096,278 990,880 533,096 260,329 500,000 - 68,381 956,526 1,334,463 1,57404 1,096,278 1,059,261 533,096 Surplus/(deficit) (129,025) (306,860) (202,220) (531,528) (363,962) 70,061 2011 LAUDERDALE BUDGET SUMMARY OF FUNDS 201 -.602 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed Total Revenues 201 Community Events Fund 3,642 4,874 4,830 3,050 3,747 2,850 202 Communications Fund 22,431 22,837 20,942 20,500 15,196 20,300 203 Recycling Fund 41,362 41,967 41,061 41,000 40,743 40,800 302 2000 Imp Debt Fund 48,013 20,524 - - - - 303 2002 Imp Debt Fund 41,424 35,459 31,652 - - - 304 2003 Imp Debt Fund 64,834 59,143 50,924 47,500 42,623 43,907 401 Street Improvement Fund 14,760 10,331 5,421 6,000 5,105 4,500 402 General Capital Impr. Fund 4,320 2,184 1;143 1,500 808 1,000 403 Storm Water Impr. Fund 6,048 4,473 2,346 3,000 1,923 1,800 404 Park Improvement Fund 108,725 3,946 118,570 2,000 11,303 1,200 405 TIF Project Fund 162,370 165,052 180,089 139,000 171,608 163,000 407 Sewer Improvement Fund 11,277 81,628 5,660 5,500 4,638 4,000 601 Sewer Utility Fund 229,104 234,715 242,590 245,000 269,085 244,300 602 Storm Water Utility Fund 69,192 49,142 54,092 50,700 60,138 55,500 Revenue Before Transfers 827,502 736,274 759,320 564,750 626,917 583,157 Transfers 291,329 612,594 - 68,381 20,000 Total Revenues 827,502 1,027,604 1,371,914 564,750 695,298 603,157 Total Expenditures 201 Community Events Fund 4,329 3,616 3,616 3,550 3,329 3,450 202 Communications Fund 15,374 29,277 29,277 29,669 21,396 30,715 203 Recycling Fund 23,391 32,079 32,079 34,275 24,043 34,431 302 2000 Impr. Debt Fund 122,080 455,481 455,481 - - - 303 2002 Impr. Debt Fund 150,256 145,798 145,798 526,950 526,936 - 304 2003 Impr. Debt Fund 118,608 116,350 116,350 116,205 116,429 113,130 401 Street Improvement Fund 69,213 12,189 12,189 - - - 402 General Capital Impr. Fund 90,000 - - 31,000 29,714 35,000 403 Storm Water Impr. Fund 32,316 - - - - - 404 Park Improvement Fund 81,110 6,735 6,735 44,000 30,945 20,000 405 TIF Project Fund 738 747 747 1,000 1,095 1,000 407 Sewer Improvement Fund - - - - - - 601 Sewer Utility Fund 212,687 228,570 228,570 243,629 198,237 226,612 602 Storm Water Utility Fund 36,424 43,293 43,293 66,000 38,755 68,758 Expenditures Before Transfers Tranfers Total Expenditteres 956,526 1,074,134 1,074,134 1,096,278 990,880 533,096 260,329 500,000 - 68,381 956,526 1,334,463 1,57404 1,096,278 1,059,261 533,096 Surplus/(deficit) (129,025) (306,860) (202,220) (531,528) (363,962) 70,061 Community Events Fund 201 Fund Balance Gain/Loss (686) 1,258 1,580 (500) 418 (600) 39200 Transfers In - - - - - 710 Transfers Out - - - - - Ending Fund Balance 2,800 4,058 5,638 5,138 6,056 4,538 DEPT. 45600 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 3,486 2,800 4,058 5,638 5,638 5,138 REVENUES: 34785 Fun Run / Walk - - - 100 - - 34786 Winter Event 609 396 33 - 31 - 34787 Garage Sale - 50 - 50 - 50 34788 Day in the Park 1,683 1,904 3,219 1,500 2,046 1,500 34789 Music under the trees - 448 434 400 469 400 34790 Other Events - March Dance - - - - - 34791 Pop Sales - - - - - 34792 T -Shirt Sales 150 330 97 100 147 100 34795 Halloween Donations 779 825 854 700 844 600 36211 Investment Interest 129 121 69 100 62 100 36230 Donations 30 - - - 36255 Misc. 293 769 124 100 148 100 Total Revenues 3,642 4,874 4,830 3,050 3,747 2,850 EXPENDITURES: 201 General Supplies - 5 - - - - 202 Permanent Supplies 43 100 - 100 40 100 368 Fun Run / Walk - - 100 100 446 500 369 Music Under the Trees 535 200 600 400 400 400 370 Other Events - March Dance - - - - - - 373 T -Shirts 353 - - - - - 375 Winter Event 1,011 192 250 250 150 250 376 Garage Sale 34 - - - - - 377 Day in the Park 1,500 1,800 1,400 1,800 1,294 1,300 378 Night Out 103 119 150 150 119 150 379 Halloween Event 496 518 450 500 692 550 437 Sales Tax - - - - - - 430 Mise. - 491 - - - - 440 Meeting Expenses 254 191 300 250 188 200 Total Expenditures 4,329 3,616 3,250 3,550 3,329 3,450 Fund Balance Gain/Loss (686) 1,258 1,580 (500) 418 (600) 39200 Transfers In - - - - - 710 Transfers Out - - - - - Ending Fund Balance 2,800 4,058 5,638 5,138 6,056 4,538 Communications Fund 202 201 DEPT. 49500 2008 2009 2010 2011 2011 2012 131 Group Insurance Actual Actual Actual Adopted As of Dec. 31 Proposed 843 BEGINNING BALANCE 36,667 43,724 37,284 33,712 33,712 24,543 - REVENUES: 86 120 124 128 7,913 7,846 36253 Franchise Fees 21,278 21,632 20,576 20,000 14,902 20,000 36250 Refunds & Reimbursements 444 262 - - - - 36211 Investment Interest 1,153 942 366 500 294 300 33600 Grants 4,888 - - - - - - Total Revenues 22,431 22,837 20,942 20,500 15,196 20,300 201 EXPENDITURES: 101 Reg. Full Time Employees 121 PERA Contributions 122 FICA Contributions 131 Group Insurance 151 Workers Comp 593 Personnel costs 201 General Supplies 202 Permanent Supplies 307 ` Web Hosting 327 Other Service 329 Cable Franchise Fee 530 Furniture and Equipment 593 Operating Costs 6,230 6,307 10,678 15,360 10,333 16,046 473 426 752 1,114 741 1,163 593 510 869 1,175 843 1,228 618 576 1,191 2,100 1,302 2,250 - 27 86 120 124 128 7,913 7,846 13,576 19,869 13,343 20,815 - 5 85 100 37 - 444 444 444 600 1,000 600 1,993 3,501 2,837 2,800 2,128 3,000 5,023 5,069 5,214 5,300 4,888 5,300 - 12,411 2,358 1,000 - 1,000 7,460 21,430 10,938 9,800 8,053 9,900 Total Expenditures 15,374 .29,277 24,514 29,669 21,396 30,715 Fund Balance Gain/Loss 7,057 (6,440) (3,572) (9,169) (6,200) (10,415) 39200 Transfers In - - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 43,724 37,284 33,712 24,543 27,512 14,128 r� c 2002 Improvements Debt Service Fund 303 DEPT.47300 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 392,169 283,338 172,999 458,555 458,555 (0) REVENUES: 36102 Penalties & interest 7,839 6,587 2,759 - - - 36211 Investment Interest 8,670 4,063 1,730 - - - 36100 Special Assessments 24,916 24,809 27,163 - - - Total Revenue 41,424 35,459 31,652 - - - EXPENDITURES: 601 Bond Principal 115,000 115,000 120,000 515,000 515,000 - 611 Bond Interest 34,609 30,153 25,363 11,500 11,436 - 621 File Maintenance Charges 647 645 733 450 500 - Total Expenditures 150,256 145,798 146,095 526,950 526,936 - Fund Balance Gain/Loss (108,831) (110,339) (114,443) (526,950) (526,936) - 39200 Transfers In - - 400,000 - 68,381 - 710 Transfers Out - - - - - - Ending Fund Balance 283,338 172,999 458,555 (68,395) (0) (0) Recycling Fund 203 DEPT. 50000 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 60,029 78,000 87,889 98,106 98,106 104,831- 04,831REVENUES: REVENUES: 36100 Recycling Fee 34,698 35,215 35,113 35,000 34,937 35,000 36102 Penalties & Interest 71 62 35 - 63 - 33622 SCORE Grant 4,758 4,866 4,926 5,000 4,750 5,000 36211 Investment Interest 1,811 1,824 987 1,000 981 800 36255 Other 24 - - - 12 - Total Revenues 41,362 41,967 41,061 41,000 40,743 40,800 EXPENDITURES: 101 Reg. FT Employees 3;545 2,949 5,687 5,606 5,605 5,774 121 PERA Contributions 283 201 400 406 407 419 122 FICA Contributions 356 244 478 429 479 442 131 Group Insurance 362 256 625 840 750 900 151 Workers Comp - 8 42 44 49 46 Personnel costs 4,546 3,658 7,232 7,325 7,290 7,581 202 Permanent Supplies - - 95 100 - - 327 Other Service 339 339 332 350 332 350 389 Recycling Contract 18,506 28,082 .23,185 26,500 16,421 26,500 Operating Costs 18,845 28,421 23,611 26,950 16,753 26,850 Total Expenditures 23,391 32,079 30,843 34,275 24,043 34,431 Fund Balance Gain/Loss 17,971 9,889 10,218 6,725 16,700 6,369 39200 Transfers In - - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 78,000 87,889 98,106 104,831 114,806 1111200 2003 Improvements Debt Service Fund 304 DEPT. 47400 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 478,218 424,444 367,236 404,217 404,217 335,512 REVENUES: 36102 Penalties & interest 12,852 10,458 4,535 9,000 6,772 6,907 36211 Investment Interest 12,784 8,690 4,484 4,000 3,262 3,000 36100 Special Assessments 39,197 39,995 41,906 34,500 32,589 34,000 Total Revenues 64,834 59,143 50,924 47,500 42,623 43,907 EXPENDITURES: 601 Bond Principal 95,000 95,000 95,000 100,000 100,000 100,000 611 Bond Interest 22,961 20,705 18,211 15,405 15,405 12,330 621 File Maintenance Charges 647 645 733 800 1,024 800 Total Expenditures 118,608 116,350 113,944 116,205 116,429 113,130 Fund Balance Gain/Loss (53,775) (57,207) (63,019) (68,705) (73,806) (69,223) 39200 Transfers In - - 100,000 - - - 710 Transfers Out - - - - - - Ending Fund Balance 424,444 367,236 404,217 335,512 330,411 266,289 Street Improvement Fund 401 Ending Fund Balance 400,208 398,350 460,068 466,068 465,173 470,568 DEPT. 48401 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 454,662 400,208 398,350 460,068 460,068 466,068 REVENUES: 36211 Investment Interest 14,243 10,232 5,326 6,000 4,728 4,500 36200 Miscellaneous Revenue 517 99 95 - - - 36102 Penalties & Interest - - - - - - 36100 Special Assessments - - - - 377 - Total Revenue 14,760 10,331 5,421 6,000 5,105 4,500 EXPENDITURES: 328 Street Repair 49,712 4,320 - - - - Street Reconstruction - - - - - - Streetscaping - - - - - 304 Engineering 19,502 7,869 - - - - Trees - - - - - - Total Expenditures 69,213 12,189 - - - - Fund Balance Gain/Loss (54,454) (1,858) 5,421 6,000 5,105 4,500 39200 Transfers In - - 56,297 - - - 710 Transfers Out - - - - - - Ending Fund Balance 400,208 398,350 460,068 466,068 465,173 470,568 General Capital Improvement Fund 402 DEPT. 48000 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 168,981 83,301 85,485 86,628 86,628 57,128 REVENUES: 36211 Investment Interest 4,320 2,184 1,143 1,500 808 1,000 Depreciation - - - - - - 39999 Other - - - - - - Total Revenue 4,320 2,184 1,143 1,500 808 15,000 EXPENDITURES: 510 Land - - - - - - 520 Buildings - - - 1,000 - - 521 City Garage - - - - - - 523 Warming House - - - - - - 530 Furniture & Equipment - - - - - - 531 Office Equipment - - - - - 532 Copier - - - - - 535 HVAC - - - - - 538 Computers - - - - - 540 Machinery & Equipment - - - - - - 543 Tractor - - - 30,000 29,714 - 550 Other Improvements - - - - - - 560 Vehicle - - - - - - 562 Truck - - - - - '35,000 Total Expenditures - - - 31,000 29,714 35,000 Fund Balance Gain/Loss ,4,320 2,184 1,143 (29,500) (28,906) (34,000) 39200 Transfers In - - - - - 20,000 710 Transfers Out 90,000 - - - - - Ending Fund Balance 83,301 85,485 86,628 57,128 57,723 43,128 Storm Sewer Improvement Fund 403 DEPT. 48403 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 197,249 170,981 175,454 177,800 177,800 180,800 REVENUES: 37300 Storm Sewer Fee - - - - - - 36211 Investment Interest 6,048 4,473 2,346 3,000 1,923 1,800 39999 Other - - - - Total Revenues 6,048 4,473 2,346 3,000 1,923 1,800 EXPENDITURES: 101 Reg. FT Employees - - - - - - 102 On -Call Pay - - - - - - 121 PERA Contributions - - - - - - 122 FICA Contributions - - - - - - 131 Group Insurance - - - - - - 151 Workers Compensation - - - - - - Personnel Costs - - - - - - 304 Engineering 11,816 - - - - - 327 Other Services - - - - - - 442 Misc 500 - - - - - 444 Contingency Funds - - - - - - 554 Storm System Repairs - - - - - - Operating Costs 12,316 - - - - - Total Expenditures 12,316 - - - - - Fund Balance Gain/Loss (6,268) 4,473 2,346 3,000 1,923 1,800 39200 Transfers In - - - - - - 710 Transfers Out 20,000 - - - - - Ending Fund Balance 170,981 175,454 177,800 180,800 179,723 182,600 Park Improvement Fund 404 DEPT. 48404 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 123,844 151,458 148,669 187,295 187,295 145,295 REVENUES: 33130 Grants - - 60,000 - - - 36230 Donations - - - - 9,750 - 36211 Investment Interest 4,065 3,946 2,273 2,000 1,553 1,200 Total Revenues 4,065 3,946 62,273 2,000 11,303 1,200 EXPENDITURES: 304 Engineering 17,718 382 - - - - 510 Land - - - - - - 524 Picnic Shelter - - - - - - 525 Playground - - 79,945 34,000 21,495 - 526 Park Path - - - - - - 527 Gen. Park Improvements 63,392 6,353 - 10,000 9,450 20,000 528 Court Improvements - - - - - Total Expenditures 81,110 6,735 79,945 44,000 30,945 20,000 Fund Balance Gain/Loss (77,046) (2,789) (17,672) (42,000) (19,642) (18,800) 39200 Transfers In 104,660 - 56,297 - - - 710 Transfers Out - - - - - - Ending Fund Balance 151,458 148,669 187,295 145,295 167,653 126,495 TIF Project Fund 405 DEPT. 48500 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 468,208 629,840 533,815 211,694 211,694 349,694 REVENUES: 36211 Investment Interest 17,471 15,800 5,074 4,000 2,243 2,000 31050 Tax increment 137,953 141,815 167,422 135,000 161,206 161,000 31051 Delinquent Tax increment 1,959 1,879 1,781 - 1,815 - 33406 TIF Mrkt Value Homestead Crdt 4,987 _5,558 5,812 - 6,344 - Total Revenues 162,370 165,052 180,089 139,000 171,608 163,000 EXPENDITURES: 101 FT Employees - - - 121 PERA Contribution - - - - - - 122 FICA Contribution - - - 131 Group Insurance - - - 133 Life Insurance - - - - - - Total Personnel Costs - - - - - - 304 Engineering 305 Legal Fees - - - 327 Other Services 738 747 2,210 1,000 1,095 1,000 325 Other Imp. (Larpenteur) - - - - - - General Operating Costs 738 747 2,210 1,000 1,095 1,000 Total Expenditures 738 747 2,210 1,000 1,095 1,000 Fund Balance Gain/Loss 161,632 164,305 177,878 138,000 170,513 162,000 39200 Transfers In - - - - - - 710 Transfers Out - 260,329 500,000 - 68,381 - Ending Fund Balance 629,840 533,815 211,694 349,694 313,826 511,694 Sewer Improvement Fund 407 DEPT. 48407 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 330,380 341,657 423,285 428,944 428,944 434,444 REVENUES: 36211 Investment Interest 11,277 9,128 5,660 5,500 4,638 4,000 36100 Special Assessments - - - - - - 37240 Sewer Connections - 72,500 - - - - Total Revenues 11,277 81,628 5,660 5,500 4,638 4,000 EXPENDITURES: 304 Engineering - - - - - - 544 Other - - - - - - Total Expenditures - - - - - - Fund Balance Gain/Loss 11,277 81,628 5,660 5,500 4,638 4,000 39200 Transfers In - - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 341,657 423,285 428,944 434,444 433,582 438,444 Sanitary Sewer Enterprise Fund 601 Fund Balance Gain/Loss 16,417 6,145 8,714 1,371 70,848 17,688 39200 Transfers In - - - - 710 Transfers Out - - - - Ending Fund Balance 218,207 224,352 233,066 234,437 303,913 252,125 DEPT. 49000 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE 201,790 218,207 224,352 233,066 233,066 234,437 REVENUES: 37210 Sewer Charges 224,682 226,671 240,056 242,000 266,432 242,000 36211 Investment Interest 4,422 4,369 2,534 3,000 2,653 2,300 36250 Refunds/Reimbursements - - - - - - 37230 Penalties - - - - - - 36255 Miscellaneous - - - - - - 37240 Sewer Connections - 3,675 - - - - 39101 Sale of Assets - - - - - - Total Revenues 229,104 234,715 242,590 245,000 269,085 244,300 EXPENDITURES: 101 Reg. F"f Employees 17,451 22,169 22,825 26,676 18,137 27,742 102 On -Call Pay 11,822 13,193 10,884 12,000 10,689 12,000 121 PERA Contributions 1,981 2,286 2,409 2,804 2,457 2,881 122 FICA Contributions 2,469 2,683 2,724 2,959 2,706 3,040 131 Group Insurance 2,536 3,577 3,946 3,906 4,281 4,185 151 Worker's Comp. 858 1,932 1,798 934 921 2,764 Personnel Costs 37,117 45,840 44,586 49,279 39,191 52,612 201 General Supplies - - - - - - 2.12 Motor Fuels 394 369 536 500 671 700 227 Tools & Equipment 289 - - 300 285 300 228 Misc. Repairs/Maint/Supply - - 244 400 - 400 301 Auditing 1,350 1,613 1,610 1,700 1,697 1,700 304 Engineering 2,997 3,211 481 3,000 - 3,000 308 Training/Conferences 560 300 - 600 900 500 315 Sewer Jetting 1,444 - 1,050 1,500 - 1,500 316 Sewer Televising 11,018 - 2,083 1,000 1,470 1,500 327 Other Services 6,040 11,408 13,312 5,000 6,667 7,000 331 Travel Expenses - 119 - 200 - 100 361 General Liability 1,520 1,539 1,666 1,700 1,736 1,800 382 Water 66 69 63 100 52 100 387 Met Council Sewer Charges 115,587 128,590 132,610 138,000 144,377 120,000 391 Telephones/Pagers 228 263 244 250 234 300 402 City Truck Repair/Maint. - 333 160 100 270 100 425 Clothing 786 933 942 1,000 687 1,000 442 Misc. - 23 - - - 444 Contingency Funds - - - - - - 501 Depreciation 33,291 33,959 34,291 34,000 - 34,000 540 Machinery & Equipment - - - - - - 554 System Repairs (I/I) - - - 5,000 - - Operating Costs 175,570 182,730 189,290 194,350 159,046 174,000 Total Expenses 212,687 228,570 233,876 243,629 198,237 226,612 Fund Balance Gain/Loss 16,417 6,145 8,714 1,371 70,848 17,688 39200 Transfers In - - - - 710 Transfers Out - - - - Ending Fund Balance 218,207 224,352 233,066 234,437 303,913 252,125 Storm Sewer Enterprise Fund 602 DEPT. 49100 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of Dec. 31 Proposed BEGINNING BALANCE (9,196) 23,572 29,421 34,434 34;434 19,134 REVENUES: 37300 Storm Sewer Fee 48,763 48,351 53,621 50,000 59,659 55,000 36211 Investment Interest 429 791 471 700 479 500 39999 Other - - - - - - Total Revenues 49,192 49,142 54,092 50,700 60,138 55,500 EXPENDITURES: 101 Reg. FT Employees 16,112 19,898 23,459 30,369 18,137 31,835 102 On -Call Pay 3,792 2,768 4,186 5,000 4,111 5,000 121 PERA Contributions 1,318 1,431 1,941 2,564 1,981 2,671 122 FICA Contributions 1,644 1,693 2,203 2,706 2,192 2,818 131 Group Insurance 1,737 2,220 3,203 4,284 3,484 4,590 151 Workers Compensation 858 1,045 1,157 777 767 2,244 Personnel Costs 25,461 29,054 36,149 45,700 30,672 49,158 201 General Supplies - - - - - - 212 Motor Fuels 394 340 536 500 671 700 227 Tools & Equipment 51 - - 100 50 - 228 Misc. Repairs/Maint/Supply - 26 - - - - 301 Auditing 1,350 1,613 1,610 1,700 1,697 1,700 304 Engineering - 7,281 - 9,000 645 9,000 308 Training/Conferences - - 70 500 - 100 314 Street Sweeping - - - - - - 327 Other Services 5,759 1,454 6,127 3,000 1,177 2,500 352 Public Information Notice 80 84 100 41 100 361 General Liability 1,520 1,539 1,666 1,700 1,736 1,700 391 Telephones/Pagers 228 263 244 300 234 300 402 City Truck Repair/Maint. - 333 160 1,000 270 500 425 Clothing 786 933 942 900 687 1,000 438 Dues & Subscriptions (Permits) 875 375 875 500 875 1,000 442 Misc. (Public Education) - - 617 1,000 - 1,000 444 Contingency Funds - - - - - - 501 Depreciation - - - - - - 540 Machinery & Equipment - - - - - - 554 Storm System Repairs - - - - - - Operating Costs 10,963 14,238 12,930 20,300 8,083 19,600 Total Expenditures 36,424 43,293 49,080 66,000 38,755 68,758 Fund Balance Gain/Loss 12,768 5,849 5,013 (15,300) 21,383 (13,258) 39200 Transfers In 20,000 - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 23,572 29,421 34,434 19,134 55,817 5,876 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date February 14, 2012 ITEM NUMBER 4011 Investment Report STAFF INITIAL _HAB WE, 19 9 MITA a DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The attached report and spreadsheet reflect the City's investment activity for the fourth quarter and an overview of 2011. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges,the fourth quarter/ year end investment report for 2011. COUNCIL ACTION: City of Lauderdale Fourth Quarter / Year -End Investment Report February 14, 2012 The quarter ended with a general fund balance of $809,848.37 and cash and investments totaling $3,256,300.88 (prior to audit). That is the total of all fund balances including the 601 and 602 sewer enterprise funds. Since the City pools the fund balances for investment purposes, at quarter end $2,878,372.24 was invested. $1,582,832.33 was invested in money market funds and $1,295,539.91 in certificates of deposit (CDs). The City did not purchase any CDs this quarter. The money market rates remain terrible. The month by month rates for the money market accounts follow. Table,]: Average Money Market Rates: January - December 2011 This quarter, the City earned $6,338.98 from investments compared to $3,453.39 last quarter. Additionally, the checkbook earned $186.47 in July. Starting in August, North Star Bank lowered the interest rate it pays on checking accounts (the rate had been quite generous). As a result, the interest earned no longer covers all of the bank fees and the City owes North Star Bank about twenty dollars each month. This brings 2011 investment interest earnings to $30,612.67. The City earned $54,673.60 in interest in 2010. January February March 4M Fund -..._.....-----..._ ......................_......- 0.02% ---......._.........---... 0.02% _ ......-.........__._ _..................__.._..... 0.02% - _._..--................ 4M Plus Fund 0.05% 0.05% I 0.05% -....._._..:--- SB Inst. MM ................. _.... _.._................. ............. __.............__....__._..._.._. 0.06% 0.07% 0.06% April May June 4M Fund --- ...--........-..........._.._.._..--- 0.02% .................._.............__......._......-............. 0.02% --.....T 0.02% .._..---............__. 4M Plus Fund 0.05% i 0.05% 0.05% SB Inst. MM 0.04% 0.02% 0.02% July August September 4M Fund0.02% 0.02% I 0.02% 4M Plus Fund 0.05%0.05% 0.05% SB Inst. MM 0.02% 0.02% 0.02% October November December 4M Fund.0.02% -........_..__.... _....--...---....._.........._;. 002% 0.02% 4M Plus Fund _......--_........._..._.._...._._....._..._.___..._......- 0.05% _.......__...._. 0.05% 0.05% -...._... SB Inst. MM 0.02% 0.07% 0.02% This quarter, the City earned $6,338.98 from investments compared to $3,453.39 last quarter. Additionally, the checkbook earned $186.47 in July. Starting in August, North Star Bank lowered the interest rate it pays on checking accounts (the rate had been quite generous). As a result, the interest earned no longer covers all of the bank fees and the City owes North Star Bank about twenty dollars each month. This brings 2011 investment interest earnings to $30,612.67. The City earned $54,673.60 in interest in 2010. Table 2 shows how the interest was divided between the funds and compares interest earned to the adopted budget. The funds with the largest balances get the greatest interest distributions. Table 2: Investment Earning Distribution by Fund At the end of the quarter, the securities were held an average of 674 days or about 22 months. Currently, investment maturity dates are laddered through September 2013. It seems doubtful rates will improve in the near future so staff will continue to ladder short-term CDs. If the rates rise, the City will be able to step up to the better rates with each maturity. Staff provides Councilors the investment spreadsheet as an internal control procedure required by the auditor. As always, staff is available to answer questions and provide the Council with research related to the City's investments. i Pa Fund 2011 Budget As of December 31 101 — General Fund $7,000 $6,990.79 201 — Community Events $100 $62.13 202 — Communication $500 $293.95 203 — Recycling $1,000 $980.70 304 — 2003 Street Improve $4,000 $3,261.73 401 — Capital Improve, Street $6,000 $4,727.63 402 — Capital Improve, Gen $1,500 $808.38 403 — Capital Improvement, Storm Sewer $3,000 $1,922.56 404 — Capital Improve, Parks $2,000 $1,552.64 405 - TIF Projects $4,000 $2,242.57 407 — Sewer Improvements $5,500 $4,638.19 601— Sewer Enterprise Fund $3,000 $2,652.66 602 — Storm Sewer Enterprise Fund $700 $478.74 Totals $38,300 $30,612.67 At the end of the quarter, the securities were held an average of 674 days or about 22 months. Currently, investment maturity dates are laddered through September 2013. It seems doubtful rates will improve in the near future so staff will continue to ladder short-term CDs. If the rates rise, the City will be able to step up to the better rates with each maturity. Staff provides Councilors the investment spreadsheet as an internal control procedure required by the auditor. As always, staff is available to answer questions and provide the Council with research related to the City's investments. i Pa 0 0 0 ;-1-m�A HIM 1o.-NM9 Moo.- NN r — N V U �LL mrNN nw N m m� r,nNN.-.- Mtn t° N _ — C S � m � H a 5¢S � zWi`° 6`mmW od c sF E aE F v m m m Bi E w r� x Elm `mH�°a �Q z�E�e G m c�i w�vvvvvvii zEo00000�o�i ��000�o�� a�LL c�oou ��t��i a°aLL r= t- S m N r N QaQ m� Go ma m1 ji I mm ma m Ei go Pat a c o c ` - m m m � is - N ^ N Pam o- m@ 3 LLQ¢ �EZ `e n' 0 0 0 ;-1-m�A HIM 1o.-NM9 Moo.- NN r — N V U �LL mrNN nw N m m� r,nNN.-.- Mtn t° N _ — C S � m � H a 5¢S � zWi`° 6`mmW od c sF E aE F v m m m Bi E w r� x Elm `mH�°a �Q z�E�e G m c�i w�vvvvvvii zEo00000�o�i ��000�o�� a�LL c�oou ��t��i a°aLL r= t- S .,,..,.. ,.. `e �o n i'o C; �o r r r $ r . m n O n m�r n� H- _ _ _ C O • r , • , r . . , . . r , , < , r r , , r . r , r r • 4 y m e • r , . , r , , r , , . , r , . , . , . , . , , 46 6 = N N m o — m, r , r , • , , , e , . . , . . . . r . r , . . , r , r • r , r , , , r , r r . , , qcc amtH n00 00 `o c m y `- CD m.1 m •-� pO m m E� m m p m 3 m_ z e a' qqq Ci N c > Ili 6 C4 ro m m ��4 .......,...... m w n m w E m@ 3 e a' 000000 w� o H `o v El � m 14 mC5 li ci N EW.9 m m@ m eF, H e -cz° oo q cim ry n 'o — — c o . r C6 . . . . . . . . 4 m m . . . 16 16 ,6 , 16 m n m v e m m N e m� �o m N h r @ r . . . . . . . , , , o y Ci m U a m m c e a' E 1. o n n a o `o m m o o , Iz r QNmpoo SNI I 4N 666 16 E U E U n `o mmm rzUo a �ma V ?H. ma �a 0 0 0 � IN w o n ^ m m ma m o.i 6 mm rn nm 14 9666666666 6 � c o @ w o m Iq r m � o m c y ..— � m 3 e a' noct `. �. m 1. �o m c9 1616 6 16 16 14 o 12 m a ry a LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date February 14, 2012 ITEM NUMBER _Computer Purchase STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The city administrator's computer also needs to be replaced. I thought it would run for a while longer (even though it is going on 6 years old) but it recently started to fail. Attached are the specs for a new notebook PC. We need one mobile pc on hand for presentations etc. The cost will be around $1,200 with shipping plus the price of an Office license. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council approves the purchase of a new mobile PC fiom HP at a price not to exceed $1,200 inclusive of tax and shipping and an Office license not to exceed $350. COUNCIL ACTION: HP Public Sector Online Store United States -English Page 1 of 3 Buy online or call 1-800.727- Search: J 0 Part Number Search » Contact HP 2472 Systems & Hardware ))Store home ))Computing » Printing and digital imaging » Supplies & Accessories Standard purchase details HP recommends Windows® / 7. » WSCA/NASPO-State of Minnesota IS Shopping cart Contract: MN - STATE OF MINNESOTA (WSCA/NASPO) Your cart is empty _ Standard ID: 18567 » Login/register Standard Name: HP EliteBook 8560p Notebook PC » Retrieve saved quote Standard Comments: » Order history » Order status Please review your standard configuration and select the items to add to your cart. Required items of » Standards the standard must be selected. After selecting the items click the "Add To Cart' button. » Manage standards Item / description Part no. Unit price Qty Ext.price Select Configurable - HP EliteBook Base $998.34 1 $998.34 11,.r� Add Item to cart 8560p Notebook PC, with Mobile Intel® QM67 chipset, and AMD enter part number RadeonTm HD 6470M w/1 GB gDDR3 WX788AV » Product search/compare Product WX788AV » View contract price list HP EliteBook 8560p Notebook PC, with Mobile Intel® QM67 chipset, and AMD RadeonTm HD 6470M w/1 GB gDDR3 Operating system Genuine Windows@7 Professional 32 [XR861AV#ABA] OS Label VM939AV Genuine Windows 7 Logo Processor WX792AV 2nd Generation Intel® Core TM i5 - 2520M Processor, 2.50GHz (Turbo up to 3.20GHz), 1333 MHz, 3MB L3 Cache Processor label Intel Core i5 Label [LB635AV] Chipset Mobile Intel QM67 chipset ENERGY STAR® label XU979AV Estar Label - If any (MSOS) is selected, then MISC eStar label (XU979AV) must be selected Intel® vPro Technology No Intel® vProTM Technology [XT672AV] Display XV625AV 15.6 -inch diagonal LED -backlit HD anti -glare (1366 x 768) with Webcam Integrated camera XT694AV Integrated 720p HD Webcam Video/graphics http://gem. compaq. com/gemstore/StandardPurchaseDetail. asp?StandardID=18 567&oi=E9C... 2/7/2012 HP Public Sector Online Store AMD RadeonTm HD 6470M (1 GB gDDR3) Memory 4 GB 1333 MHz DDR3 SDRAM (1 D) [WX800AV] Internal Storage 250 GB 7200 rpm 2.5 -inch hard drive [WX802AV] Upgrade Bay WX808AV DVD±RW SuperMulti DL Drive Keyboard XX056AV#ABA DualPoint Keyboard with Numeric Keypad Bluetooth HP Integrated Module with Bluetooth® 2.1 Wireless Technology [WX817AV] Wireless LAN XV630AV Intel Centrino Advanced N 6205 HP Mobile Broadband LE333AV No HP Mobile Broadband Modem XT675AV 56K v.92 Modem Security No Integrated Fingerprint Reader [XT677AVI Adapter AV -1 iZAVITAbA 90W DSC hardware kit Battery WX812AV HP 6 -Cell 62 Wh Li -Ion Battery Warranty_ 313/0 Warranty [XT686AV#ABA] Note: Additional accessories added from categories below will ship and invoice separately. Warrant and Service Upgrades (for 3 -year warranty selection No Selection Docking and Port Replicators (not factory installed) HP 230W Docking Station [INFO] [VB043AA#ABA] Batteries/Chargers/Power Adapters (not factory installed) Configurable - HP EliteBook 8560p Notebook PC, with Mobile Intel® QM67 chipset, and AMD RadeonTM HD 6470M w/1 GB gDDR3 WX788AV Memory (not factory installed) No Selection Drives and Storage (not factory installed) No Selection Cases and Covers No Selection Keyboards/Mice and Input Devices (not factory installed) No Selection Page 2 of 3 Group Total: $1,138.34 Standard Total: $1,138.34 http://gem.compaq.com/gemstore/StandardPurchaseDetail. asp?StandardID=18567&oi=E9C... 2/7/2012 ACTION REQUESTED Consent LAUDERDALE COUNCIL MEETING DATE February 14, 2012 Special Public Hearing x_ ITEM NUMBER CUP Amendment Report Discussion/Action x— STAFF INITIAL Jim Resolution Work session APPROVED BY ADMINISTRATOR wi CITY COUNCIL MEMO DATE: FEBRUARY 14, 2012 TO: HONORABLE MAYOR AND COUNCIL FROM: JIM BOWNIK, ASSISTANT CITY ADMINISTRATOR RE: AMMENDMENT OF CONDITIONAL USE PERMIT FOR 2520 BROADWAY DRIVE BACKGROUND On September 11, 2001 a conditional use permit was approved for Hamline Auto Body to operate an auto body and repair facility at 2520 Broadway Drive. On March 22, 2002 an amendment to the conditional use permit was approved to operate a car rental facility (Enterprise Rent-A-Car) at the same location. Hamline Auto Body leases approximately 600 square feet of office space to Enterprise, and provides them up to 15 of Hamline's current parking stalls. PROPOSAL APPLICANT, PROPERTY OWNER, & PROPERTY LOCATION: MGH Enterprises (Hamline Auto Body) 2520 Broadway Drive Lauderdale, MN 55113 Hamline Auto Body is requesting to amend their existing Conditional Use Permit to allow for vehicle sales along with an auto body service and repair facility, and a car rental facility in an 1-1 Industrial District. They have stated that they would like to buy cars at auction, fix them up, and run them back through the auction. In order to accomplish this, they need a dealer's license. In order to get a dealer's license from the State, they must have a facility that is a permitted or permitted conditional use for vehicle sales. Vehicle sales is a permitted conditional use in the 1-1 District. SITE PLAN Attached is a Site Plan that shows five parking spaces designated for exclusive use of the dealership to display vehicles for sale. The State requires a minimum of five spaces be designated for display, inside or outside, whether or not vehicles are actually displayed. The proposed designated parking spaces are outside - on the east side of the property, adjacent to Highway 280. The conditional use permit application, letter of request, and site plan are attached. ° PROPERTY INFORMATION MGH Enterprises (Hamline Auto Body) owns 3.1 acres, which the company purchased from Phillips Holdings LLC. Access to this site is via a private service road from Broadway Drive to the north. Hamline received a guarantee of access to the site from Phillips Holdings, which still owns the remaining 3.7 acres at Highway 280 & Broadway. Final Plat Approval for Broadway Business Park was approved on September 11, 2001. REQUIREMENTS FOR APPROVAL OF A CONDITIONAL USE PERMIT Title 10-12-4 & 10-12-5 of the City Code allows the City Council to consider the following for the approval of a conditional use permit: 1) Does the use conform to the 1-1 District? 2) Will the use provide a harmonious relationship with adjacent properties? 3) Is the visual impression & environment of the use consistent with the district? 4) Does the use organize vehicular access & parking in a way that minimizes traffic congestion in the district? 5) Does the use promote the objectives of Title 10 of the City Code: Zoning, and the Land Use & Tax Base section of the Lauderdale Comprehensive Plan? 6) Does the use comply with the following performance standards? a. Fire Protection. b. Electrical Disturbance. c. Noise. d. Vibrations. e. Odors. f. Air Pollution. g. Glare. h. Erosion. i. Water Pollution. STAFF FINDINGS & REVIEW 1) Does the use conform to the 1-1 District? The use appears to conform to similar uses in the 1-1 District. While vehicle sales is different than an auto body repair and service facility, and a car rental facility, the commonality is cars. 2) Will the use provide a harmonious relationship with adjacent properties? If vehicles for sale are not displayed, there should be no change in harmony with adjacent properties. If vehicles for sale are displayed, this would be in harmony with adjacent Boyer Ford Trucks at 2500 Broadway Drive, which displays many vehicles for sale. 3) Is the visual impression & environment of the use consistent with the district? The visual impression and environment of the site should not change significantly with the addition of vehicle sales. 4) Does the use organize vehicular access & parking in a way that minimizes traffic congestion in the district? Access to this site is via a private service road from Broadway Drive to the north. Traffic congestion and noise should not increase significantly. There are a total of fifty-nine parking spaces on the site. Up to fifteen spaces are used for the rental car facility, and five are proposed to be designated for vehicle sales. 5) Does the use promote the objectives of Title 10 of the City Code: Zoning, and the Land Use & Tax Base section of the Lauderdale Comprehensive Plan? The use appears to promote the objectives of the Zoning Ordinance and the Land Use & Tax Base section of the Comprehensive Plan by encouraging development and/or redevelopment of commercial and industrial properties for the purpose of increasing tax base. 6) Does the use comply with the following performance standards? a. Fire Protection. b. Electrical Disturbance. c. Noise. d. Vibrations. e. Odors. f. Air Pollution. g. Glare. h. Erosion. L Water Pollution. The use appears to comply with the performance standards mentioned above. PUBLIC HEARING FOR THE CONDITIONAL USE PERMIT REQUEST On February 3, 2012, property owners within 350 feet from the perimeter of the subject property were sent notice of tonight's public hearing. A Public Notice was also published in the January 31, 2012 edition of the Roseville Review. CITY COUNCIL ACTION REQUESTED The requested action is to approve the addition of vehicle sales to the existing conditional use permit for 2520 Broadway. LAND USE APPLICATION Fee Escrow Type of Request $100 $ 0 Lot Consolidation/Division $150 $ 0 Variance $200 $ 0 'Conditional Use $500 $1,000 Zoning Amendment $500 $1,000 Subdivision $500 $1,000 PUD Applicant Information Name: ���+m �i �� � v ��,, Address,�'O C, S, Z: Phone: &-SZ -,2,2Y q 2f 2 Email: 0 syi Signature: MAIN 651-792-7650 Date: I 4117zL Summary of Request L r A Owner Information (if different) Name: -- �a Address: C, S, Z: Phone: Email: Signature: By signing above, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city's consultants' costs associated with reviewing the associated request. Prior to having the request considered by the city, the applicant must deposit an escrow fee in an amount that is estimated to cover the city's consultants' costs as determined by the city administrator. If the city's consultants' costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The city shall use the applicant's fees to cover the city's actual consultants' costs in reviewing the request regardless of the city's action on the applicant's request. If the applicant's escrow fees exceed the city's actual consultants' costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. Review Timeline: All applications, other than concept plans, must be complete before being formally reviewed. Minnesota Statute provides 15 days to determine the application's completeness. Completeness depends on whether or not the checklist items are fulfilled. Checklist: Please review the checklist for the type of application you are applying for. For Office Use Only PIN#: Date of Complete Application: Amount Paid: Receipt #: Escrow Fee Paid: Receipt # Date Escrow Returned: PC Recommendation: (approve/deny) Meeting Date: Public Hearing Date: CC Action: (approved/denied) Meeting Date: Conditions? H7 � c J F'! ._ it 2520 Broadway Drive Lauderdale, MN 55113 (651)224-4717 To whom it concerns; We would like to obtain a used car dealers license to buy and sell vehicles through auctions at Manheim auto auctions in Minneapolis. Ninty percent of the vehicles would not be for sold from our location, but through local auctions. From time to time we will sell a vehicle from our location. We will need a conditional; use permit to be able to obtain this license. Thank you. / Mike H e�r 1. Hamline AutoBody I G') z -c 03 0 Jan -10-2012 10:21 AM Hamline AutoBody 651-224-3789 2/2 MINNESOTA DEPARTMENT OF PUBLIC SAFETY DFFtca Use oNuv DRIVER AND VEHICLE SERVICES EALOR NUMBER; 446 MlnnesOta StreSt ASE RECEIVED: Saint Paul, MN ssio i-5186 Phone: (651) 296-2977 INITIALS: Web: dvs,dpe.mn,goV Emil: DealerQuesil0r1@stat9.mn.us Minnesota Vehicle Dealer License - Zoning Verification The zoning Official for the jurisdiction In which the dealership resides must complete form, Zoning District: Additional Location (Attach a separate This form Is for (check one): f Primary Location (� Commercial Checklist PS2410 for each location DEALER NAME Street City State Zipl County Type of Dealer's License (Check One) [—]NEW PSED ❑LESSOR f7D.S,B, 0WHOLESALE1t ❑BROKER ❑AUCPIONEU E] SALVAGE POOL E]LIMITEDU5E,V9HICLE Please Check Appropriate Statement: This dealership Is permitted use within the above zoning district for the type of business indicated above and there are no zoning complaints or enforcement actions pending at this time. This dealership Is permitted conditional use within the above zoning district for the type of business r- indicated above and there are no zoning complaints or enforcement actions pending at this time (Must attach a copy of the conditional use permit}, Printed Name of zoning Authority: Zoning Authority Phone Number: Subscribed and sworn to before me this day of X (Signature of Zoning Authority) NOTARY PUBLIC COUNTY: MY COMISSION EXPIRES: PS2421.43 (07111) LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution Work Session Meeting Date February 14, 2012 ITEM NUMBER _Personnel Policy STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: I thank the Council for the feedback during my performance review at the last meeting. I truly enjoy working for the City Council and Lauderdale's residents and business owners. As a follow up, I brought back the City's personnel policy for discussion to clarify some of the previous meeting's discussion regarding maternity leave. I also wanted council feed- back on paternity leave and have suggestions to make the policy work better for the City and staff. To clarify, the leave provisions match those required by the State of Minnesota but not the Federal Family Medical Leave Act (FMLA) because the City does not have 50 or more em- ployees. The City does not need to offer anything beyond what is currently in the policy. The Council generously suggested I receive 6 -weeks (30 days) paid maternity leave. If that is still the Council's intention, a vote should be taken to make it officials. I wasn't certain if the Council wanted to extend this benefit to other employees. If so, I can make the appro- priate changes to the personnel policy and bring it back for approval. Due to the nature of my job and our small staff, my goal was to work as much as I physi- cally could (and Landon would allow). My maternity leave was then a combination of paid time for the hours I worked and the use of sick time for when I was unable to work. I think this arrangement worked well for myself and the City but it isn't specifically addressed in the policy. I suggest language on page 7 to clarify the Council's option to enter into alterna- tive leave arrangement that are mutually agreeable for the City and employees (including allowing for more than 6 weeks leave as 12 weeks is the norm). I also suggested language on page 6 that would clarify that sick time may be used for mater- nity leave (instead of referring to it as a disability) and paternity leave. Again, this is for clarification, but it also benefits the City by encouraging employees to use some of their sick time so it isn't a future liability (employees who work for the City for more than ten years receive a payout of half of their accrued sick time when they leave). It also brings city pol- icy in line with the short-term disability insurance the City offers through Ramsey County. The County requires employees use their sick time before the disability insurance can kick in. DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: One other item to clarify is whether the City wishes to be an at -will employer or a just -cause employer. Right now the City states it is an at -will employer but terminations have to be for just cause. As those two concepts can conflict in practice, it would be to the City's advan- tage to be one or the other. If the City is an at -will employer, it would still be subject to any conditions it imposes on itself through the personnel policy and the union contract. If the City is a just cause employer, the personnel policy should define what a just cause is and the process for termination due to just cause. OPTIONS: 1. Review, amend, or adopt personnel policy changes recommended by staff. 2. Decide whether the City will bean at -will or just cause employer. STAFF RECOMMENDATION: COUNCIL ACTION: CITY OF LAUDERDALE PERSONNEL POLICY AND PROCEDURES SECTION 1. PURPOSE. The purpose of this personnel policy and procedures manual is to establish a uniform and equitable system of personnel administration, to define the rights and responsibilities of the City of Lauderdale and each employee and to give fair and equal employment opportunities to all qualified applicants. SECTION 2. EMPLOYMENT GUIDELINES. The personnel policy and procedures manual is a guideline for the City and its employees regarding city employment. It does not constitute an employment agreement or contract. These policies and procedures, like all other city policies, can be amended at any time by the city council. SECTION 3. AT -WILL EMPLOYMENT. All City employees are hired on an at -will basis. This means either the employee or the City Council can terminate employment at any time and for any reason. Involuntary termination of an employee by the city shall be for just cause. SECTION 4. EQUAL EMPLOYMENT OPPORTUNITY POLICY. It is the city's policy to provide equal employment opportunity to all employees and applicants for employment in accordance with all applicable state and federal laws governing equal employment opportunity -affirmative action. SECTION 5. SCOPE. Subdivision 1. Positions Covered. This policy will apply to all employees in all positions, except the following: a. Elected officials; b. Members of all boards and commissions; C. Consultants and personnel paid on a fee basis; d. Volunteer personnel and personnel appointed to serve without pay; e. Emergency personnel; f Independent contractors; Lauderdale Personnel Policy and Procedures Page 2 of 16 g. City personnel covered by a collective bargaining agreement where the issue is addressed in the agreement; h. City personnel covered by other employment agreements where the issue is addressed in the agreement; and i. Any other person specifically exempted by the City Council. Subdivision 2. Superseded by Law. No provision of this policy is intended to violate, supersede or conflict with any applicable federal law or regulation, state statute or local ordinance. if there is a conflict or violation, the statute, rule, regulation or ordinance shall rule. If a court of competent jurisdiction declares a part of these policies and procedures null and void, only that specific section shall be removed. All other provisions remain in effect. SECTION 6. DEFINITIONS. The following words and phrases will have the meanings given here and will apply throughout this policy and procedures manual. All other words and phrases used in this policy will maintain their generally accepted common meanings. a. ANNIVERSARY DATE — means the month and date of an employee's initial hiring or promotion. b. DESIGNATED PERSONNEL REPRESENTATIVE(S) — means the City Council member(s) who act as liaison between the employees and the City Council on personnel matters. For general personnel issues, the designated personnel representative is the City Administrator. C. DOMESTIC PARTNER - means two adults who are 1) not related by blood closer than that permitted by marriage laws of the State; 2) not married or related by marriage; 3) competent to enter into a contract; 4) have no other domestic partner with whom the household is shared, or with whom the adult person has another domestic partner; 5) jointly responsible to each other for the necessities of life; 6) are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities. d. EXEMPT EMPLOYEE — are employees to whom the federal Fair Labor Standards Act does not apply. Generally, administrative, executive and professional employees are exempt employees. e. IMMEDIATE FAMILY - the employee's domestic partner and children. Immediate family also includes: mother, father, brother, sister, grandparent, aunt, uncle, step- parent or legal guardian of either the employee or the employee's domestic partner. f INDEPENDENT CONTRACTOR/CONSULTANT - persons or firms hired by the City who determine their own hours of operation or use their own resources in the Lauderdale Personnel Policy and Procedures Page 3 of 16 performance of their duties.. Independent contractors and consultants are not City employees. g. NON-EXEMPT EMPLOYEE - employees to whom the federal Fair Labor Standards Act applies. h. OVERTIME - time actually worked by non-exempt employees in excess of eight hours per day or forty (40) hours per week. Time worked does not include holidays, vacation time, compensatory time taken or sick leave. i. PART-TIME EMPLOYEE 1) REGULAR PART-TIME EMPLOYEE - an employee retained on a non - temporary basis who works less than forty (40) hours per week on a regular schedule throughout the year. 2) NON -REGULAR PART-TIME EMPLOYEE - an employee retained on a temporary basis who works less than forty (40) hours per week on an irregular schedule throughout the year. j. REGULAR FULL-TIME EMPLOYEE an employee retained on a non -temporary basis who works forty (40) hours or more per week on a regular schedule throughout the year. k. TEMPORARY OR SEASONAL EMPLOYEE - an employee retained to fill a full- time or part-time position which is of a provisional or seasonal nature. 1. TERMINATION - a complete separation of an employee from City employment. Termination can be voluntary, through resignation or retirement, or involuntary, through discharge by the City Council. SECTION 7. APPOINTMENTS. Subdivision 1. Selection Criteria. Appointments for all open municipal positions are made by the City Council upon the recommendation of the City Administrator. All appointments are made on the basis of the candidate's knowledge, skills, abilities and education related to the position being filled. Subdivision 2. Examinations. When deemed appropriate by the City, an applicant's employment-related qualifications, merit and fitness will be ascertained by written, oral or other examinations. An offer of employment can be conditioned on successful completion of a pre- employment medical and/or psychological examination. Lauderdale Personnel Policy and Procedures Page 4 of 16 Subdivision 3. Employment of Relatives of Municipal Personnel. Whenever possible, the City will not appoint any person to a municipal position when he or she supervises, or is under the supervision of a member of his or her immediate family. Subdivision 4. Probationary Period. All regular full-time and regular or non -regular part-time employees are subject to serving a probationary period. The probationary period is the period of time the city evaluates the employee's ability to accomplish the essential job duties of the position he or she was hired to complete. It is also the time an employee evaluates the City to see if employment with the City fits his or her expectations. The probationary period shall be six (6) months. The City can terminate the employee at any time with or without cause, during this time and such termination is not subject to grievance or appeal. The City Administrator will conduct a performance review with the employee at three (3) months and go over successes and areas where the employee needs improvement. If there are any serious issues present, the Administrator shall inform the employee at that time and indicate that failure to improve performance may result in an extended probationary period or termination. The Administrator shall develop a work plan for the employee to follow in these cases. SECTION 8. WORK HOURS. Subdivision 1. Work Schedules. The normal, hours of work for all employees will be established by the City Council. Alternate work schedules are to be worked out with, the City Administrator and approved by the City Council. City exempt employees are required to work all hours necessary to perform their duties. Subdivision 2. Part-time and Temporary Employees' Work Schedules. The City shall provide temporary, seasonal and non -regular part-time employees with an advance approximation of hours to be worked during the upcoming year at the time of hiring whenever possible. This approximation is not a guarantee of those hours but rather a guideline subject to change at the City's discretion. Subdivision 3. Rest Breaks. An employee is entitled to take one fifteen (15) minute rest break during each consecutive four (4) hour period of work. Rest breaks should be scheduled to avoid disrupting City business. Subdivision 4. Meal Breaks. Each employee is provided a thirty (30) minute meal break. An employee may combine rest breaks with the meal break to extend the mealtime. The meal break is unpaid time. Subdivision 5. Flexible Scheduling. Upon discussion with and agreement with the City Administrator and upon approval of the City Council, an employee may have his or her schedule rearranged to meet family or other obligations under the following conditions: a. The schedule does not result in the employee working overtime hours; and Lauderdale Personnel Policy and Procedures Page 5 of 16 b. The employees' ability to complete his or her essential functions are not hindered nor the quality of the work diminished; and c . The schedule does not impair the overall function or service level of the City; and d. If the administrator determines there are performance issues, he or she may recommend the council terminate the flexible schedule. SECTION 9. BENEFITS. Subdivision 1. Eligibility. Only regular full-time and regular part-time employees are eligible for benefits. Non -regular part-time employees, temporary and seasonal employees, and independent contractors and consultants are not eligible for benefits provided by the City. Subdivision 2. Amount of Benefits. Regular full-time employees are eligible for full benefits. Regular part-time employees are eligible for holiday, vacation and sick leave benefits in proportion to the hours they work per week rated on the following scale: Under 20 hours per week 20 to under 30 hours per week 30 to under 40 hours per week 40 or more hours per week Holidays & Sick leave at 1/4 benefits 1/2 benefits 3/4 benefits Full benefits Subdivision 3. Holidays. The following days are observed paid holidays: New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day The day following Thanksgiving Day Christmas Eve Day Christmas Day Personal Day - January 1 - 3rd Monday in January - 3rd Monday in February - Last Monday in May - July 4 - 1 st Monday in September - November 11 - 4th Thursday in November - 4th Friday in November - December 24 December 25 - Employee Choice Employees shall receive one (1) personal holiday per year. The date of such personal holiday shall be approved by the employee's supervisor or designated personnel representative. Personal holidays shall be taken during the calendar year earned. Whenever one of the above holidays falls on a Saturday, the preceding day will be observed as a holiday. Whenever one of the above holidays falls on a Sunday, the following day will be observed as a holiday. Lauderdale Personnel Policy and Procedures Page 6 of 16 Subdivision 4. Vacation. Vacation may be used after the probationary period is satisfactorily completed. Vacation is earned each pay period and computed . based on the employee's anniversary date. a. Accumulation. Vacation for regular full-time employees is accumulated as shown, based on the number of years of employment with the City: Years of Service Hours per pay period Days per year Maximum hours Maximum Days 0 — 5 years 3.08 hours 10 160 hours 20 Days 6 —10 years 4.62 hours 15 240 hours 30 days Employees with more than ten (10) years of service with the City will accrue an additional .31 hours per pay period for each year of service starting the eleventh (11) year up to twenty (20) years. The maximum accrual for those with more than ten (10) years of service is 320 hours or forty (40) days. Employees may carry over twice their annual vacation -earning rate. Any unused vacation time in excess of this amount will be forfeited unless other provisions are made by the City Council. Regular full-time employees must use at least five (5) days of vacation time during each year of city employment. The word "day" implies a nominal eight-hour shift. b. Requests. Vacation time must be requested at least twenty-four (24) hours in advance. Vacation requests must be approved by the employee's supervisor or the designated, personnel representative and may be denied in the event of an emergency or if taking a vacation at that time would impair the City's ability to carry out its business. C. Legal Holidays during Vacation. Whenever a legal holiday falls on a working day during an employee's vacation, that holiday will not be counted as a vacation day. d. Terminal Leave. Any employee leaving the Municipal service in good standing shall be compensated for vacation leave accrued and unused to the date of separation. Subdivision 5. Sick Leave. Sick leave can be used as earned upon appointment to city employment. a. Accrual. Sick leave will accrue for all regular full-time employees at the rate of one (1) day per calendar month (3.69 hours per pay period) and accrues to a maximum of ninety (90) days or 720 hours. b. Use of Sick Leave. Sick leave may be used when: (1) the employee cannot work because of illness, injury or disability of themselves or their immediate family, (2) for medical, dental, or optical examinations or treatment of the employee or employee's immediate family, or=(3) to care for a member of the employee's immediate family who is incapacitated due to injury or illness, (4) maternity or paternity leave. An employee must request sick leave from his or her immediate Lauderdale Personnel Policy and Procedures Page 7 of 16 supervisor before the start of the employee's workday on each day sick leave is used. An employee may be requested to file a physician's statement, signed by the physician and the employee, indicating the, nature of his or her illness. Upon separation of employment from the City, for any reason other than discharge for just cause, the employee or their designated beneficiary shall be paid one-half (1/2) of all unused accumulated sick leave, provided that the employee has ten (10) continuous years of service with the City at the time of separation. Subdivision 6. Jury or Witness Duty. Any regular full-time or regular part-time employee who is required to serve as a juror or as a witness in court regarding city business shall be granted leave with pay while serving in such capacity. Upon completion of jury duty, the employee shall reimburse the City for the amount of jury duty pay, less the amount received for traveling expenses. Subdivision 7. Leave of Absence without Pay. Upon request, a leave of absence. without pay may be granted by the City Council for a period of up to ninety (90) days. No benefits will accrue or be paid out during a period of a leave of absence without pay. Accrued vacation time may be paid out upon request of the employee. This is with the understanding that the vacation is paid out according to the regular pay schedule over regular pay periods, which is the same scenario used to pay for all vacation days earned by the employees. An employee may elect to continue insurance benefits coverage during a leave of absence at the employee's expense. When special circumstances exist, the City Council may, upon request, extend a leave of absence. Subdivision 8. Parental Leave. An employee who works twenty (20) or more hours per week and has been employed with the City for more than one (1) year is entitled to take an unpaid leave of absence in connection with the birth or adoption of a child or family medical problem. The length of parental leave is up to the parent, but it cannot last longer six (6) weeks or begin more than six (6) weeks after the birth or adoption of the child. ,If the child must remain in the hospital longer than the mother, the leave may not begin more than six (6) weeks after the child leaves the hospital. The employee is entitled to return to work at the same position and at the same rate of pay he or she was receiving before the leave began.. Group insurance coverage paid for by the City will remain in effect for all eligible employees throughout the six week parental leave. The employee will have the option to continue coverage at his or her own expense if the parental leave extends beyond six weeks. The City may also enter into another leave arrangement that is agreeable to both parties. Requests for parental leave must be made in writing to the City Administrator or designated personnel representative at least two (2) months before the requested leave's starting date. Subdivision 9. School Conference and Activities Leave. An employee who works twenty (20) hours or more per week and has been employed with the City for more than one (1) year is entitled to take up to sixteen (16) hours during any school year to attend school conferences or classroom activities related to the employee's minor child as long as these activities were planned Lauderdale Personnel Policy and Procedures Page 8 of 16 in advance and could not be scheduled during non -work hours. The employee must request school leave at least twenty-four (24) hours in advance from his or her supervisor or the designated personnel representative. A reasonable effort should be made to schedule the leave to avoid disrupting city business. Any leave taken under this section will be unpaid. An employee may substitute paid vacation time for unpaid school leave according to the provisions of the city's vacation policy. Subdivision 10. Military Leave. Every employee to whom Minnesota Statutes Section 192.26 or 192.261 or U.S.C.A., Title 38, Section 2021 applies is entitled to the benefits afforded those sections to the subject conditions therein prescribed. Subdivison 11. Funeral Leave. An employee receives three (3) days paid leave to attend to the funeral of a member of the employee's immediate family. Funeral leave must be taken on consecutive working days, one of which is the day of death or the day of the funeral. If extended time is necessary, such time may be granted by the City Administrator upon approval of the City Council and will be taken as sick, vacation, unpaid or a combination thereof. Subdivision 12. Insurance. All regular full- and part-time employees are eligible for coverage by a group health, dental, life and disability insurance plan as approved, from time to time, by the City Council. A portion of the monthly premium costs of 'such insurance plan is paid by the City as established by the City Council. The employee shall pay the balance of the premium costs, with the exception of life insurance. The City provides coverage for the employee equal to Ix salary with a $50,000 annual maximum. The employer shall pay each employee not enrolled in the employer's health insurance program a set monthly amount, such portion to be established, from time to time, by the City Council into a deferred compensation fund. In order to qualify, employees must provide proof of insurance. The deferred compensation contribution will end if the employee rejoins the employer's health insurance plan. If the city provides an authorized Health Savings Account plan, any excess in the city contribution and the premium shall be placed in the employee's HSA account as provided in plan documents. Subdivision 13. Retired Employees. Retired city employees may continue to participate in the city's health insurance program, at the prevailing appropriate group rate, at the retiree's expense, if offered by the insurance company. SECTION 10. COMPENSATION. Subdivision 1. Rates of Pay. All pay rates are set by the City Council. Subdivision 2. Overtime Pay. All non-exempt employees are eligible for overtime pay. Overtime is paid at a rate of one and one half times the regular hourly rate for each hour actually worked exceeding eight hours in a day or forty (40) hours in a work week. Overtime work must have prior approval by the employee's immediate supervisor or the designated personnel representative except in the case of emergencies. Lauderdale Personnel Policy and Procedures Page 9 of 16 Subdivision 3. Compensatory Time Off. Compensatory time off is available to non- exempt employees at the City's option as an alternative to overtime pay. If available, non-exempt employees are eligible for compensatory time off at the rate of one and one-half hours for each hour worked in excess of forty (40) hours per week. No compensatory time off is available unless the employee has received approval from his or her supervisor or the designated personnel representative(s) before the work is performed. Accrued compensatory time must be used within one month of accrual. Upon approval of the Administrator, compensatory time can be carried beyond the month when use of the time is not possible within the month. An employee cannot carry more than 40 hours of compensatory time. Exempt employees may earn compensatory time on an hour for hour basis and such time must be used within one month of accrual. It is understood that the earning of compensatory time does not affect or change the employee's status with regard to the Federal Fair Labor Standards Act. Accumulated compensatory time for exempt employees will not be paid out under any circumstance. Compensatory time will only accrue when authorized by the employee's supervisor. Subdivision 4. Pay Days. Employees shall be paid biweekly on alternate Fridays. In the event that either day falls on a holiday, paychecks will be distributed on the day preceding the holiday. Subdivision 5. Attendance at City Meetings. Non-exempt employees required by the City Administrator or City Council to attend city meetings at a time when they are not otherwise scheduled to work will be paid their regular hourly wage for'each hour spent at the meeting. The employee may select to accrue compensatory time for attending meetings at the request of the Administrator or Council. City time spent by employees at City Council meetings that is not at the City Council's request will not be compensated. Subdivision 6. Call Back. An employee called in for work at a time other than the employees normal scheduled shift will be compensated for a minimum of two (2) hour's compensation at the overtime rate if the total hours worked during the day exceeds (8) eight hours or the hours during the week exceeds (40) forty hours. SECTION 11. PERFORMANCE EVALUATION. A performance evaluation will be completed annually for each regular full-time and regular part- time employee. The evaluation will include a review of the employee's principal responsibilities, an appraisal of the employee's job performance, a discussion of problem areas, if any, and a plan of action to set objectives for performance and to assist in alleviating any problem areas. SECTION 12. DISCIPLINARY ACTION. Lauderdale Personnel Policy and Procedures Page 10 of 16 Employees may be subject to disciplinary action for failing to fulfill their duties and responsibilities as city employees. Discipline could consist of an oral reprimand, a written reprimand, suspension, demotion or involuntary termination depending on the circumstances and severity of the situation. SECTION 13. GRIEVANCES. Subdivision 1. General. An employee who believes he or she has a grievance about an employment-related issue may submit the grievance to the City. The decision to invoke the grievance procedure is voluntary. It is up to the employee to initiate the procedure. Subdivision 2. Procedure. If an employee chooses to submit a grievance to the City, the following procedure should be used: a. Oral report. The employee should discuss the grievance with his or her supervisor or the designated personnel representative within five (5) working days of the incident. b. Written report. If the employee is not satisfied with the results of the oral report, he or she may submit a written summary of the grievance to the designated personnel representative. The written report should be submitted within five (5) working days of the employee's receipt of the response to his or her oral report and should include the date the employee made the oral report. A written response to the employee's written report will be issued as soon as possible. C. Hearing. If the grievance is not resolved by oral or written report, the employee has five (5) working days from the date he or she received the written response to the written report to request a hearing. To request a hearing, the employee must submit a written summary of the grievance, including the dates of the oral and written reports, to the City Council. A hearing will then be scheduled on a mutually convenient date. d. Decision. The employee will receive the City Council's decision in writing as soon as possible after the hearing. The City Council's decision will be final. SECTION 14. TERMINATION OF EMPLOYMENT. Subdivision 1. Resignation. Any employee who voluntarily leaves city employment must give at least fourteen (14) days written notice of resignation. Upon leaving city employment, an employee in good standing will be compensated for all accrued vacation and compensatory time. An employee is in good standing if he or she gives adequate written notice of resignation and is not under suspension or notice of involuntary termination at the time notice is given. Lauderdale Personnel Policy and Procedures Page 11 of 16 Failure to give adequate written notice may be considered cause for denying the employee future city employment and termination benefits. Unauthorized absences from work for a period of three (3) or more working days may be considered a resignation without notice. Subdivision 2. Involuntary Termination. An employee may be involuntarily terminated for any reason not prohibited by law or for just cause at the will of the City Council. The City Council, at its discretion, may give the employee fourteen (14) days written notice of termination or the financial equivalent thereof. Subdivision 3. Lav -offs. The City Council may lay off any employee whenever such action becomes necessary in the City Council's judgment, including shortage of work funds, the abolition of a position, or changes in organization; provided, however, that fourteen (14) days written notice be given if practicable. No regular or probationary employee shall be laid off while there is a temporary employee serving in the same class of position or for which the regular or probationary employee is qualified, eligible and available. Any regular employee, upon receiving a lay-off notice, may request to be reduced to a lower paid position within the same department if the lower paid position is vacant and the employee held the position previously. The request to be reduced must be submitted in writing within seven (7) calendar days of receipt of the notification of lay-off. SECTION 15. TRAVEL AND RELATED EXPENSES. Subdivision 1. Travel Employees are reimbursed for travel expenses when traveling on city business. The City will reimburse for transportation, lodging, meals, registration, and incidentals. Acceptable and related expenses are listed below. (IRS rate refers to the federal per diem rate published in Publication 1542.) 1. Transportation. Employees who travel to in-state training, meetings or conferences are reimbursed actual miles traveled at the federal IRS mileage rate when using their own vehicle. Employees traveling to training, meetings or conferences out of state are to seek the lowest direct cost to the destination. Airfare will be reimbursed at the coach rate. Mileage will be reimbursed at the IRS rate. The City will reimburse for the cost of shuttle or taxi to and from the airport and meetings or rental of an economy rate automobile if necessary to conduct city business. 2. Lodging_. Employees will be reimbursed for and limited to that which is reasonable and necessary. 3. Meals. Employees who attend meetings, trainings or conferences away from their normal work area and are required to purchase a meal while at the session, shall be reimbursed actual expenses for meals not to exceed the IRS's per diem rate. The reimbursement includes a 20% gratuity and does not include alcoholic beverages. 4. Telephone Calls. An employee on an overnight stay will be reimbursed for telephone calls made to family and/or work. 5. Travel with a domestic partner or family. An employee can take his/her domestic partner and/or family on a business trip and can extend the time of the trip using accrued vacation. Lauderdale Personnel Policy and Procedures Page 12 of 16 The City will only reimburse expenses actually incurred by the employee. The employee must pay the difference, if any, in the cost of the registration, recreation, luxury vehicles, meals and lodging. 6. Requesting Reimbursement. The employee must submit an expense claim form for all the expenses incurred while on the trip. The expense claim form must include actual receipts for purchases or, if payment by credit card, a copy of the monthly statement with the expenses highlighted. The completed expense reimbursement form and receipts are turned in to the City Administrator for verification and authorization of expense reimbursement. SECTION 16. TECHNOLOGY AND COMMUNICATIONS. Subdivision 1. Purpose. The City Council understands technology advances at a considerable rate and there are new ways to communicate with staff, citizens and others as well as new, more efficient ways for staff to accomplish tasks and provide services to the citizens. Such tools include e-mail, Internet, fax, computers (both desktop and portable), telephones, mail, cellular telephones, etc. It is the desire of the Council to support and encourages the use of advanced technology by staff to enhance service delivery and access to information that assists staff in completing their tasks. The Council also understands that some personal use of these tools by staff is necessary, but all personal use is to be kept as brief as possible and not be disruptive during work time. Subdivision 2. Computer Use. The City of Lauderdale contracts for computer services, e-mail, Internet and support through the Metro I -Net, a multi jurisdictional network consisting of cities, school districts and the North Suburban Cable Commission. The network is administered and hosted by the City of Roseville. The City provides each employee a computer complete with software programs including word processing, spreadsheet, data base, financial, e-mail, internet access, etc. Employees are to use the computer and related software to further the objectives and mission of the City of Lauderdale. Personal data and information should be kept to a minimum, and if stored on the system, should be in a folder labeled "personal". 1. E-mail. E-mail is a service provided to staff to enhance the communication and collection of information from others in an efficient and rapid manner. Employees may send and receive personal e-mail using their business address as long as the messages do not become disruptive and they are not sexually oriented, offensive or inappropriate. An example of such e-mail are the chain e-mails, jokes of an off color nature, etc. To protect the integrity of the I -Net network, employees are to use reasonable judgment in providing their business e-mail address when utilizing Internet related services. 2. Internet. The Internet is an extremely useful tool for research and information gathering. Further, more businesses and agencies the City does business with are Lauderdale Personnel Policy and Procedures Page 13 of 16 requiring the City to conduct business over the Internet. However, the Council is also aware there are several potential problems that can arise from staff use of the Internet such as staff using the Internet to collect and view materials that are generally considered offensive and inappropriate in the work place, staff downloading materials and documents that may contain a virus, etc. Staff may use the Internet connection for personal activities as long as it is not disruptive to their work, disruptive to the office environment and is not used to view, download, or otherwise access adult oriented or illegal material. Subdivision 3. Telephones. The City of Lauderdale contracts for telephone service through the City of Roseville and is part of a multi -city network on the same telephone system. Staff may make and receive personal calls on their telephone, but all calls of a personal nature are to be kept as brief as possible and are not to become disruptive to the office or the employee and are not to be so frequent as to inhibit the employee from executing their duties and responsibilities. Employees who make long distance calls will reimburse the City for the cost of the call. Subdivision 4. Facsimile. The City utilizes a fax machine to send and receive documents to other jurisdictions and vendors. Employees may send personal faxes during non work hours only. Employees can receive personal faxes and there will not be a charge assessed. Subdivision 5. Copier. Staff may use the copier for reproductions of personal documents as long as it is done during non work hours. SECTION 17. MISCELLANEOUS POLICIES. Subdivision 1. Political Activity. City employees are specifically prohibited from engaging in the political activities listed below: a. Campaigning for a candidate or issue during working hours or while on city business. b. Attempting to influence a campaign by specifically alluding to the employee's position with the City. C. Participating in a campaign where such participation could cause a conflict of interest with the employee's job duties. Subdivision 2. Employee Records. Employees must inform the City of any change in their current address, telephone number or emergency contact information as soon as possible after the change becomes effective. Lauderdale Personnel Policy and Procedures Page 14 of 16 Subdivision 3. Gratuities. City employees and officials may not accept gratuities or presents of any kind from contractors, city residents, or anyone who has business contacts with the City. If a gratuity or present arrives by means other than personal delivery, the item should be turned over to the City Council. SECTION 18. CRIMINAL HISTORY BACKGROUND CHECK. The Police Department is authorized to conduct a criminal history background investigation on applicants for positions with the City as provided by this section. This section applies only to applicants who are finalists for paid or volunteer positions with the City, where the City Administrator has determined that conviction of a crime may relate directly to the position sought. The Police Department may not perform a background investigation unless the applicant consents in writing to the investigation and to the release of the investigation information to the City Administrator or other city Staff as may be appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought. If the City Administrator rejects the applicant's application due solely or in part to the applicant's prior conviction of a crime, subject to the exception set forth in Minnesota Statutes, section 364, the City Administrator must notify the applicant in writing of the following: a) The grounds and reasons for the rejection; b) The applicable complaint and grievance procedure set forth in Minnesota Statutes Section 364; c) The earliest date the applicant may reapply for employment; and d) That all competent evidence of rehabilitation will be considered upon reapplication. SECTION 19. SEXUAL HARASSMENT POLICY. Subdivision 1. Applicability. This sexual harassment policy applies to all officials and employees of the City of Lauderdale, including regular full-time and regular part-time employees, elected and appointed officials, temporary, seasonal and non -regular employees, employees covered or exempted fiom personnel rules or regulations, and independent contractors and consultants. Subdivision 2. General. Sexual harassment is a form of sex discrimination prohibited by state and federal law. Employees have the right to a workplace free of sexual harassment. The City will not tolerate sexual harassment of its employees by anyone -supervisors, other employees, officials or citizens. Persons harassing others will be promptly and firmly disciplined. All personnel must become familiar with this policy and comply with it. Subdivision 3. Definition. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or communication of a sexual nature when: Lauderdale Personnel Policy and Procedures Page 15 'of 16 a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment or public service; b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions such as promotion, assignment, demotion, discipline, or discharge; C. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment. Subdivision 4. Examples. Behavior that could be considered sexual harassment may include: a. Verbal harassment (e.g., sexually -oriented comments, sexually -oriented innuendoes or sexually -oriented derogatory remarks); b. Physical harassment (e.g., unwelcome touching, gestures, assault, impeding one's movement or other physical contact that an employee finds offensive); C. Visual forms of harassment (e.g., sexually derogatory posters, letters; poems, graffiti; cartoons, use of the Internet or drawings); or d. Requests for sexual favors or unwelcome sexual advances. Subdivision 5. Reporting Procedure. Employees who believe they have experienced sexual harassment or who know of conduct they believe might constitute sexual harassment toward an employee, are required to report it to their supervisor, the designated personnel representative(s), the Mayor, or the City Attorney. The City official who receives the report should inform the designated personnel representative(s), the Mayor or the City Attorney in confidence as soon as possible. If any City employee, official, or the City Attorney directly receives an oral or written complaint from an alleged victim of sexual harassment, he or she must immediately forward the complaint to the designated personnel representative(s), the Mayor or the City Attorney, or direct the alleged victim to report the incident. Failure to forward a report of alleged sexual harassment to the appropriate person(s) could result in disciplinary action against the person(s) who neglected to make the report. Subdivision 6. Investigation and Recommendation. Upon receiving any report alleging sexual harassment, the designated personnel representative or other appropriate official will conduct an investigation. To the extent possible, the allegations and investigation will be kept confidential. An alleged victim may have a staff person of the same gender present during all contacts with the designated personnel representative. The alleged victim and any witnesses may be asked to put their reports in writing. $ Lauderdale Personnel Policy and Procedures Page 16 of 16 If the facts are found to support the allegations, the harasser will be subject to disciplinary action up to and possibly including immediate termination depending on the circumstances and severity of the harassment. The designated personnel representative may report on the investigation and its results to the City Council. The City will keep a complete record of the nature of the complaint, its investigation and its resolution. Pending completion of the investigation, the designated personnel representative may take any appropriate action necessary to protect the alleged victim, other employees, or citizens. Anyone who makes a false complaint of sexual harassment or anyone who gives false information during a sexual harassment investigation could also be subject to disciplinary action up to and possibly including immediate termination. The City may also discipline any individual who retaliates against a person who testifies, assists or participates in any manner in a sexual harassment investigation. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. SECTION 20. EFFECTIVE DATE. The effective date of these personnel policies is January 13, 2009. These personnel policies supersede all prior city personnel policies between the City and its employees. With respect to employees whose positions are included in a collective bargaining unit, provisions of the applicable collective bargaining agreements negotiated pursuant to the Public Employment Labor Relations Act (MS 179A.01 -179A.25), supersede these rules and regulations on any subject area covered by both the collective bargaining agreement and these rules and regulations. Signed: Date: Mayor / Mayor Pro Tem LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date February 14, 2012 ITEM NUMBER _Municipal Liquor STAFF INITIAL DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The liquor store committee met on Tuesday. The discussion focused on the Council's two goals - development of the municipal liquor store and redevelopment of Larpenteur Avenue. The follow up to the discussion is two part: I. Paul Muilenberg (Croix Oil Manager of Corporate Affairs) called Monday to find out if the City is still considering working with Croix Oil on a redevelopment project. He said their company president would'like to meet with the committee on February 22. The committee agreed and the meeting is scheduled for 3:00 p.m. If other council members want to participate, please let me know as soon as possible. Staff must post notice if more than three council members will be present. 2. Begin contacting the property owners along Larpenteur to see what plans they have for their property so the Council can better plan for the future of the corridor. Paul is draft- ing a letter to that effect and I should have it by Tuesday for the Council to review. The work session will provide the committee an opportunity to update the other council members on ideas discussed. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Closed Session X Meeting Date February 14, 2012 ITEM NUMBER Union Negotiations STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: AFSCME, on behalf of the City's union employees, is asking for the three items outlined in their proposal for 2012 and 2013: • A 2% pay increase each year, • $50/month more to cover insurance benefits, and • An increase in deferred compensation for those employees that do not purchase their health insurance through the City. During the union contract negotiations two years ago, the two sides agreed to no pay in- creases, $50 more per month to purchase insurance though the City, and a sizable increase in deferred compensation for employees that do not take the city sponsored health insurance. Staff posted the agenda providing notice of the closed session as the Council may discuss labor negotiations in closed sessions (see attached League memo for more information). AFSCME Local 2725 City of Lauderdale 1. 2% pay increase effective 1-1-2012, 2%mpayn increase effective 1-1-2013. Article 15, Increase health insurance effective 1-1-2012 by $50.00 to 750.00, effective 1-1- 2013 increase by and addition 50>00 to 800.00. 3. If and employee does not participate in the health insurance they will receive the full premium the employee may elect to have the contributions go to deferred Compensation fund. 7:10 CHAPTER 7 C. Technology Moberg v. Indep. Sch. Dist. No. It is not entirely clear how the open meeting law applies to technology, 1983 ); S e LMC nfo5 10 (Minn. such as e-mail or telephone calls. Although the law does not specifically 1983); See LMC Information h g p Y Memo, Meetings of city address the use of e-mail and other technology, it is possible that any form Councils, for more information. of communication between councilmembers or members of other public bodies could violate the open meeting law under certain circumstances. LMCIT risk management As a result, city councils and other public bodies should not use e-mail, memo, Electronic Commmnicadons Between telephone calls, antechnology d other technolo to communicate back and forth with Councilmembers; IPAD 09- other members of the public body when both of the following 020. circumstances exist: • When a quorum of the council or public body will be contacted regarding the same matter. • When city businesses is being discussed. 4. Open meeting exceptions The open meeting law is designed to favor public access. Therefore, the few exceptions that do exist are carefully limited to avoid abuse. Minn. Stat. § 13D.05, subd. All closed meetings, except those closed as permitted by the attorney-client 1(d). privilege, must be electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Minn. Stat. § 13D.01, subd. 3; Before closing a meeting under any of the following exceptions, the public Minn. Stat. § 13D.04, subd. 5; See The Free Press v. County of body must state on the record the specific grounds that permit the meeting Y p p g Blue Earth, 677 N.W.2d 471 to be closed and describe the subject to be discussed. The same notice (Minn. Ct. App. 2004); (holding requirements that apply to open meetings also apply to closed meetings. that the county's statement that it was closing a meeting under For example, if a closed meeting takes place at a regular meeting, the notice the attorney-client privilege to requirements for a regular meeting apply. Likewise, if a closed meeting discuss "pending litigation" did not satisfy the requirement of takes place as a special meeting or as an emergency meeting, the notice describing the subject to be requirements for a special meeting or an emergency meeting would apply. discussed at the closed meeting). a. Labor negotiations Minn. Stat. § 13D.03, subd. 1 The city council may, by majority vote in a public meeting, decide to hold a (b)' closed meeting to consider its strategy for labor negotiations, including. negotiation strategies or developments, or discussion of labor -negotiation proposals. The council must announce the time and place of the closed meeting at the public meeting. This chapter last revised 12/1/2011 LEAGUE OF MINNESOTA CITIES CHAPTER 7 Minn. Stat. § 13D.03, subds. 1 After the closed meeting, a written record of all members of the city . (d), 2. council and all other people present must be available to the public. The council must tape-record the proceedings at city expense, and preserve the tape for two years after signing the contract. The tape-recording must be available to the public after all labor contracts are signed for the current budget period. Minn. Stat. § 13D.03, subs. 3. If someone claims the council conducted public business other than labor negotiations at the closed meeting, a court must privately review the recording of the meeting. If the court finds the law was not violated, the action must be dismissed and the recording sealed and preserved. If the court determines a violation of the open meeting law may exist, the recording may be introduced at trial in its entirety, subject to any protective orders requested by either party and deemed appropriate by the court. b. Not -public data Mine. stat. § 13D.05, subd. 2. The general rule is that meetings cannot be closed to discuss data that are not public under the Minnesota Government Data Practices Act. A meeting must be closed, however, if certain not -public data is discussed. For example, any portion of a meeting must be closed if expressly required by law or if any of the following types of not -public data are discussed: • Data that would identify victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. • Active investigative data created by a law-enforcement agency, or internal -affairs data relating to allegations of law -enforcement - personnel misconduct. • Educational, health, medical, welfare, or mental-health data that are not public data. Minn. stat. §§ 144.291-.298. . An individual's medical records governed by Minn. Stat. §§ 144.291 — 144.298. Minn. Stat. § 13D.05, subd. A closed meeting held to discuss any of the not -public data listed above I(d). must be electronically recorded, and the recording must be preserved for at least three years after the meeting. Minn. Stat.. § 13D.05, subd. 1 Other not -public data may be discussed at at! open meeting without liability (b)' (e)' or penalty if the disclosure relates to a matter within the scope of the public body's authority, and it is reasonably necessary to conduct the business or agenda item before the public body. The public body, however, should make reasonable efforts to protect the data from disclosure. Data discussed at an open meeting retains its original classification; however, a record of the meeting shall be public. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/1/2011 7:11 AGREEMENT BETWEEN THE CITY OF LAUDERDALE AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES COUNCIL 5 January 1, 2010 -December 31,2011 TABLE OF CONTENTS ARTICLE 1- RECOGNITION 3 ARTICLE 2- DEFINITIONS 3 ARTICLE 3- NON-DISCRIMINATIONATION 4 ARTICLE 4- UNION SECURITY 4 ARTICLE 5- MEET AND CONFER 6 ARTICLE 6- SENIORITY 7 ARTICLE 7- DISCIPLINE 8 ARTICLE 8- GRIEVANCE PROCEDURE 9 ARTICLE 9- NO STRIKE -NO LOCKOUT 11 ARTICLE 10- WORK SCHEDULES 12 ARTICLE 11- OVERTIME AND COMP TIME 13 ARTICLE 12- BENEFIT ELIGIBILITY 13 ARTICLE 13- HOLIDAYS 13 ARTICLE 14- VACATIONS 14 ARTICLE 15- INSURANCE 15 ARTICLE 16- WAGES 16 ARTICLE 17- AUTO EXPENSES 16 ARTICLE 18- UNIFORMS 17 ARTICLE 19- SICK LEAVE 17 ARTICLE 20- LEAVE OF ABSENCE WITHOUT PAY 17 ARTICLE 21- COURT DUTY 18 ARTICLE 22- MILITARY LEAVE 18 ARTICLE 23- ELECTION DAYS 18 ARTICLE 24- SCOPE OF AGREEMENT 18 ARTICLE 25- DURATION 19 ARTICLE 26- SAVINGS CLAUSE 19 ARTICLE 27- DRUG AND ALCOHOL TESTING POLICY 19 SIGNATURE PAGE 20 APPENDIX A: DRUG AND ALCOHOL TESTING POLICY 21 ARTICLE l: RECOGNITION A. The employer recognizes the employee representative as the representative of all workers who are defined as public employees by Minn. Stat. 179A, excluding supervisory and confidential employees. B. If the EMPLOYER establishes new job classes within the bargaining unit, both parties agree to negotiate on wages. All other terms and conditions of this AGREEMENT will apply. ARTICLE 2: DEFINITIONS The following words and phrases will have the meanings given here and will apply throughout this policy. All other words and phrases used in this policy will maintain their generally accepted common meanings. A. ANNIVERSARY DATE -the month and date of an employee's initial hiring or promotion. B. DESIGNATED PERSONNEL REPRESENTATIVE (S) -city council member(s) who act(s) as l.iaison(s) between the employees and the city council on personnel matters. C. D. E. F. G. H. EXEMPT EMPLOYEE -employees to whom the federal Fair Labor Standards Act does not apply. Generally, administrative, executive and professional employees are exempt employees. IMMEDIATE FAMILY -the employee's spouse and children and the following relatives of either the employee or the employee's spouse: mother, father, brother, sister, grandparent, aunt, uncle, stepparent or legal guardian. INDEPENDENT CONTRACTOR/CONSULTANT -persons or firms hired by the City who determine their own hours of operation or use their own resources in the performance of their duties. Independent contractors and consultants are not City employees. NON-EXEMPT EMPLOYEE -employees to whom the federal Fair Labor Standards Act applies. OVERTIME -time worked by non-exempt employees in excess of 8 hours per day or forty (40) hours per week. PART-TIME EMPLOYEE 1) REGULAR PART-TIME EMPLOYEE -an employee retained on a non -temporary basis who works less than forty (40) hours per week on a regular schedule throughout the year. 2) NON -REGULAR PART-TIME EMPLOYEE -an employee retained on a temporary basis who works less than forty (40) hours per week on an irregular schedule throughout the year. 3 I. REGULAR FULL-TIME EMPLOYEE -an employee retained on a non - temporary basis who works forty (40) hours or more per week on a regular schedule throughout the year. J. TEMPORARY OR SEASONAL EMPLOYEE -an employee retained to fill a full-time or part-time position which is of a provisional or seasonal nature. K., TERMINATION -a complete separation of an employee from City employment. Termination can be voluntary, through resignation or retirement, or involuntary, through discharge by the City. L. EMPLOYEE REPRESENTATIVE -The American Federation of State, County and Municipal Employees, Council 5. M. STEWARD -An employee designated by the UNION for the purposes of communicating with the EMPLOYER on matters of interest to,either party; and representing bargaining unit members in the union grievance process. ARTICLE 3: NON-DISCRIMINATION It is the City's policy to provide equal employment opportunity to all employees and applicants for employment in accordance with all applicable equal employment opportunity -affirmative action laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof. ARTICLE 4: UNION SECURITY A. In recognition of the UNION as the exclusive representative: A.1 The EMPLOYER shall once each month deduct an amount sufficient to provide the payment of regular dues established by the UNION from the wages of all employees authorizing; in writing, such deduction on a form designated and furnished for such purpose by the UNION. The employer will deduct a "fair -share" fee according to Minn. Stat. 179A from the wages of those employees choosing not to join the union and provide the fair share fee.to the union through an equivalent process. Only the duly certified exclusive representative shall be granted payroll deduction of dues and fair share fees for employees covered by this AGREEMENT., A.2 The EMPLOYER shall remit such deductions monthly to the appropriate designated officer of the UNION with a list of the names of the employees from whose wages deductions were made. 4 A.3 The UNION shall certify to the EMPLOYER, in writing, the current amount of regular dues to be withheld and any fair share assessments authorized by law. A.4 Such dues deductions shall be canceled by the EMPLOYER upon written request by the employee, at which time a fair share fee will be deducted as authorized bylaw. A.5 The EMPLOYER shall, upon request of the UNION, make available to the UNION a report listing all employees included in the bargaining unit as identified by the article herein titled "Recognition." Such report shall contain the name, classification, pay rate, work unit and mailing address of record. B. The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken under the provisions of this article. C. The UNION may designate certain employees from the bargaining unit to act as stewards and shall, within thirty (30) days of the execution of this AGREEMENT and upon occurrence of any change thereafter, certify to the EMPLOYER a current list of business representatives, officers and stewards who are authorized by the UNION to investigate and present grievances to the EMPLOYER. The EMPLOYER agrees to recognize such representatives for the purpose of investigating and presenting grievances to the EMPLOYER subject to the following stipulations: C.1 Not more than one employee representative (steward or officer) will be authorized time off with pay to investigate or present any one grievance matter to the EMPLOYER. Nothing in this clause is intended.to limit the number of UNION stewards who may request to use their own time (vacation, compensatory, or time without pay) to investigate and present grievances. C.2 Employee stewards and officers may leave their work stations with the concurrence of their designated supervisor(s), and they shall notify their designated supervisor(s) upon return to their work stations. Concurrence of the supervisor to leave a workstation for UNION business will be limited to the investigation and presentation of grievances to the EMPLOYER. 61 C.3 One employee representative (steward or officer) of the UNION shall receive paid time off to participate in contract negotiations and meet and confer meetings. C.4 The EMPLOYER shall make reasonable adjustments to the workloads of employee representatives of the UNION who receive paid time off for UNION related activities under the provisions of subsections A, B, and C, above. D. Non-employee business representatives of the UNION as previously designated to the EMPLOYER as provided herein may, with concurrence of the EMPLOYER, come on the premises of the EMPLOYER for the purpose of investigating and presenting grievances. E. The UNION may use the EMPLOYERS facilities for UNION business with prior approval of the EMPLOYER. F. The EMPLOYER agrees to allow the UNION to use designated bulletin boards for the purpose of posting notices of UNION meetings, UNION elections, UNION election returns, UNION appointments to office, UNION recreational and social affairs, arbitration awards, decisions of the Bureau of Mediation Services and the courts, and other items authorized by signature of union officers. All posted materials must be UNION publication or legibly signed by an authorized UNION officer. G.Nothing in this AGREEMENT shall be construed to affect the status of veterans in contravention of existing veterans preference laws relating to the employment, discharge or promotion of veterans. H. The EMPLOYER shall allow officially designated union officers a 20 -minute period within the new employee orientation period to brief new bargaining members on the union and to provide a copy of this AGREEMENT and any.other official materials authorized by union officers. ARTICLE 5: MEET AND CONFER At least once each month or as often as mutually agreed upon, the parties will meet and confer to discuss non-negotiable items such as health and safety, work rules and procedures, and other items which are mutually agreed upon. 6 ARTICLE 6: SENIORITY A. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment, re- employment or reinstatement. A.1 Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. A.2 An employee appointed to a permanent position in the same job class and department as he/she was employed as a temporary employee shall have seniority for purposes of layoff and recall from the employee's most recent date of hire as a temporary employee, provided such temporary and permanent appointments are contiguous and sequential. B. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. Upon request of the UNION, the EMPLOYER shall establish a seniority list for all bargaining unit members. C. The City Council may layoff any employee whenever such action becomes necessary in the city council's judgment, including shortage of work funds, the abolition of a position, or changes in organization; provided, however, that fourteen (14) days written notice be given if practicable. No regular or probationary employee shall be laid off while there is a temporary employee serving in the same class of position or for which the.regular or probationary employee is qualified, eligible and available. Any regular employee, upon receiving a lay-off notice, may request to be reduced to a lower paid position within the same department if the lower paid position is vacant and the employee held the position previously. The request to be reduced must be submitted in writing within seven (7) calendar days of receipt of the notification of lay-off. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: C.1 Layoff, (which shall be in inverse order of seniority with the City) . 7 C.2 Recall from layoff, (which shall be in order of seniority with the city, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, he/she shall automatically have terminated his/her employment). Notice of recall from layoff shall be made by certified mail to the employees last known address as shown by the employer's records. The employee will have 14 days to respond to this recall notice before recall rights to the position are waived. D. The most senior employee with the minimum qualifications for an open position will receive first choice of whether or not to take that position. ARTICLE 7: DISCIPLINE A., The EMPLOYER will discipline employees only for just cause. The employer will follow the principle of progressive discipline wherever practicable. B. Discipline, when administered, will be in one or more of the following forms and normally in the following order: 1. Oral Reprimand 2. Written Reprimand 3. Suspension 4. Discharge or disciplinary demotion. C. If the EMPLOYER has reason to reprimand any employee, it shall normally not be done in the presence of other employees or the public. D. Written reprimands, disciplinary suspensions, disciplinary demotions or discharge of permanent employees may be appealed up to and through the arbitration step of the grievance procedure contained in this AGREEMENT. The employer will notify the union promptly of all such disciplinary actions. E. Investigations, which do not result in disciplinary actions, shall not be entered into the employee's personnel records. A written record of all disciplinary actions shall be entered into the employee's personnel record. All disciplinary entries in the personnel office record shall normally state the corrective action expected of the employee. E.1 An employee who is reprimanded in writing, suspended, demoted for disciplinary reasons, or 8 discharged shall be furnished with a copy of notice of such disciplinary action. E.2 Employees shall have access to information contained in their personnel records in accordance with the provisions of the Data Practices Act, as mentioned. F. Employees will not be questioned concerning an administrative investigation of disciplinary action more serious than a written warning unless the employee has been given an opportunity to have a UNION representative present at such questioning. When mutually agreeable, the UNION shall have the right to take up a suspension, demotion, and/or discharge as a grievance at the second step of the grievance procedure, and the matter shall be handled in accordance with this procedure through the arbitration step if deemed necessary. G. Disciplinary action shall be taken in a timely manner. ARTICLE 8: GRIEVANCE PROCEDURE A grievance shall be defined as a dispute or disagreement raised by an employee against the EMPLOYER involving the interpretation or application of the specific provisions of this AGREEMENT. A. Step One: Oral report. The employee or union representative will discuss the grievance with his or her supervisor or the designated personnel representative within 10 working days of the incident or the time the employee learned of the incident. The supervisor shall give his/her oral or written answer within 10 working days after the employee or representative has presented the grievance. B. Step Two: Hearing. If the grievance is not satisfactorily resolved in Step one and the. UNION wishes to appeal the grievance to Step two of the grievance procedure, it shall be referred, in writing, to the City Administrator within 10 working days after the designated supervisor's answer. The grievance appeal shall be initiated by means of a written grievance which shall set forth the nature of the grievance, the facts on which it is based, the provisions of the AGREEMENT allegedly violated, and the relief requested. The City Administrator shall discuss the grievance_ with the employee and the UNION within 10 working days after the date presented at a time agreeable to the parties. The City Administrator and/or his/her designated representative shall give written answer to the employee and the UNION representative within 10 working days following their 0 meeting, or two days subsequent to the next meeting of the City Council, whichever is greater. C. Grievance time frames may be extended with the mutual consent of the parties. If a grievance is unresolved at Step two, the parties may agree to seek a mediated settlement through Minnesota Bureau of Mediation Services. Any fees and expenses for the Mediator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. Employees who serve as such representatives or witnesses shall not be compensated at a rate in excess of their base pay rate. D. Step Three: ARBITRATION -If the grievance is not settled in accordance with the foregoing procedure, the UNION and employee may refer the grievance to arbitration within fourteen (14) calendar days after the employee and UNION'S receipt of the EMPLOYER'S written answer in Step two. The parties shall mutually agree upon an arbitrator. If the parties are unable to agree on an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rule Governing the Arbitration of Grievances" as established by the Public Employment Relations Board and administered by the State of Minnesota Bureau of Mediation Services. The arbitrator shall hear the grievance at a scheduled meeting subject to the availability of the EMPLOYER and the UNION representatives. The arbitrator shall inform the employee, the UNION representative and the EMPLOYER of his/her decision within thirty (30) calendar days following the close of the hearing or submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. Employees who serve as such representatives or witnesses shall not be compensated at a rate in excess of their base pay rate. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide 10 only the specific issue(s) submitted, in writing, by the EMPLOYER and the employee/UNION, and shall have no authority to make a decision on any other issue(s) not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The decision shall be based solely upon the arbitrator's interpretation or application of the express terms of this AGREEMENT and on the facts of the grievance presented. The parties may, by written agreement, agree to submit more than one grievance to the arbitrator provided that each grievance will be considered as a separate issue and each on its own merits. If a grievance is not .presented within the time limits set forth above, it shall -be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERS last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the employee and the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be'extended by mutual written agreement of the EMPLOYER and UNION representatives involved in each step. The grievant shall not suffer loss of regular pay. The presence of the grievant is necessary at a grievance presentation meeting with the EMPLOYER or an Arbitrator, except where such grievance presentation meeting or arbitration hearing occurs during the period the grievant has been removed from his/her job for disciplinary reasons. ARTICLE 9: NO STRIKE -NO LOCKOUT A. In recognition of the provisions included in this AGREEMENT for a grievance procedure to be used for resolution of disputes, the UNION agrees that neither the UNION, its officers or agents, nor any of the employees covered by this AGREEMENT will engage in, encourage, sanction, support or suggest any strikes, slow downs, mass absenteeism, mass use of sick leave, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part of the full, faithful and proper performance of the duties of employment. Any violation of any provisions of this Article may be cause for disciplinary action up to and including discharge. 11 B. No lockout shall be instituted by the EMPLOYER during the life of this AGREEMENT provided Section A of this article is not violated by employees or the UNION. ARTICLE 10: WORK SCHEDULES The normal hours of work for all employees will be established by the City Council with specific work schedules subject to the City Council's approval. Department heads and supervisory employees are required to work all hours necessary to perform their duties. A. Part-time and Temporary Employees' Work Schedules. The City shall provide temporary, seasonal and non - regular part-time employees with an advance approximation of hours to be worked during the upcoming year at the time of hiring whenever possible. This approximation is not a guarantee of those hours but rather a guideline subject to change at the City's discretion. B. Rest Breaks. An employee is entitled to take one fifteen (15) minute rest break during each consecutive four (4)hour period of work with the permission of the employee's immediate supervisor. Rest breaks should be scheduled to avoid disrupting City business. An employee may take an unpaid 30 minute lunch break. C. Call Back. An employee called in for work at a time other than the employees' normal scheduled shift will be compensated for a minimum of two (2) hours pay. That compensation will be at straight time until total hours worked for the week exceeds 40 or in excess of eight (8) on any given day, at which time the employee will receive payment at the overtime rate. D. On Call/Standby. Employees required to remain on standby will be compensated for all hours worked, and will receive additional time at regular pay for each eight hours (8) hours on standby. Monday through Friday, employee will receive an additional one-half hour of regular pay for each eight (8) hours on standby. Saturday, Sunday, and Holidays, employees will receive 3.5 hours of regular pay for each day on standby. Employees who are on standby must be able to be within City limits as soon as possible and no later than 45 minutes when called, in normal circumstances. Standby duties may be contracted to an outside service provider at any time. 12 ARTICLE 11: OVERTIME AND COMP TIME A. All non-exempt employees are eligible for overtime pay. Overtime will be paid at a rate of one and one half times the regular hourly rate of pay for hours worked in excess of 8 on any given day or each hour worked over forty (40) hours in a given work week. Overtime work must have prior approval by an employee's immediate supervisor or the designated personnel representative except in the case of emergencies. B. All paid leave time shall be considered time worked for the purpose of computing overtime. C. Compensatory time off may be available to non-exempt employees at the City's option as an alternative to overtime pay. If available, non-exempt employees are eligible for compensatory time off at the rate of one and one-half hour for each hour worked in excess of forty (40) hours per week. Compensatory time off must be used within two (2) weeks of the date or dates on which it is accrued unless permission is received from the designated personnel representative(s) to use it on a later date. No compensatory time off is available unless the employee has received approval from his or her supervisor or the designated personnel representative(s) before the work is performed. ARTICLE 12: BENEFIT ELIGIBILITY Only regular full-time and regular part-time employees are eligible for benefits. Non -regular part-time employees, temporary and seasonal employees, and independent contractors and consultants are not eligible for benefits provided by the City. Regular full-time employees are eligible for full benefits. Regular part-time employees are eligible for holiday, vacation and sick leave benefits in proportion to the hours they work per week rated on the following scale: Under 20 hours per week Holidays & Sick leave at 1/4 benefits 20 to 30 hours per week 1/2 benefits 30 to 40 hours per week 3/4 benefits 40 or more hours per week Full benefits ARTICLE 13: HOLIDAYS The following days are observed paid holidays: New Year's Day January 1 Martin Luther King Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May 13 Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November The day following Thanksgiving Day 4th Friday in November Christmas Eve Day December 24 Christmas Day December 25 A. Whenever one of the above holidays falls on a Saturday, the preceding day will be observed as a holiday. Whenever one of the above holidays falls on a Sunday, the following day will be observed as a holiday. B. Regular employees working a holiday will receive 2 times their normal rate of pay, in addition to any other premiums, overtime or standby pay. Employees may elect to receive part of this pay in compensatory time subject to supervisor scheduling approval. C. Personal Holidays: Full-time employees shall also receive one (1) personal holiday per year. The date of such personal holiday shall be approved by the EMPLOYER. Personal holidays shall be taken during the calendar year earned. ARTICLE 14: VACATION Vacation may be used as earned after the probationary period has been satisfactorily completed. Vacation is computed based on the employee's anniversary date. A. Accumulation. Vacation for regular full-time employees is accumulated as shown, based on the number of years of employment with the City: 0 through 5 years of service - 3.08 Hours per pay period to a maximum of 10 days per year. 6 through 10 years of service - 4.62 hours per pay period to a maximum of 15 days per year. Employees with more than 10 years of service with the City will accrue an additional .31 hours per pay period for each year of service starting the eleventh (11) year up to twenty (20) years. The maximum accrual for those with more than ten (10) years of service is 320 hours or forty (40) days. Employees may carry over twice their annual vacation -earning rate. Any unused vacation time in excess of this amount will be forfeited unless other provisions are made by the city council. Regular full-time employees must use at least five 14 (5) days of vacation time during each year of City employment. The word "day" implies a nominal eight-hour shift. B. Requests. Vacation time must be requested at least forty- eight (48) hours in advance. Vacation requests must be approved by the employee's supervisor or the designated personnel representative and may be denied in the event of an emergency or if taking a vacation at that time would impair the City's ability to carry out its business. C. Legal Holidays during Vacation. Whenever a legal holiday falls on a working day during an employee's vacation, that holiday will not be counted as a vacation day. D. Terminal Leave. Any employee leaving the Municipal service in good standing shall be compensated for vacation leave accrued and unused to the date of separation. ARTICLE 15: INSURANCE All regular full and part-time employees may be covered by a group health, dental, life, short-term disability and long-term disability insurance plan as approved, from time to time, by the City Council. A portion of the monthly premium costs of such insurance plan may be paid by the Municipality, such portion to be negotiated by the EMPLOYER and the UNION. The balance of the premium costs shall be paid by the employee. The Employer will also offer a deferred compensation plan. The Employer will provide, as part of the group insurance plan and at no cost to the employee, basic life insurance coverage equal to the annual salary of the employee, up to $50,000 of annual salary. Additional units of life insurance may be purchased by the employee as permitted by the Insurance Carrier. Effective January 1, 2010, the Employer will increase by fifty dollars ($50.00) per month, its maximum contribution to the cost of group insurance. The City will contribute up to a maximum of six hundred fifty dollars ($650) per month per employee for group health, dental, life, short-term and long-term disability insurance. Effective January 1, 2011, the Employer will increase by fifty dollars ($50.00) per month, its maximum contribution to the cost of group insurance. The City will contribute up to a maximum of seven hundred dollars ($700) per month per employee for group health, dental, life, short-term and long-term disability insurance. 15 DEFERRED COMPENSATION Should an employee have their primary insurance provided by an outside entity, such as a spouse's employer, the employee may elect for contributions to a deferred compensation fund in an amount based on benefit eligibility. Each month, the,Employer. shall pay into full time employees' deferred compensation funds the following amounts: 2010: $450.00 per month 2011: $550.00 per month At no time can the cost to the Employer for insurance plus deferred compensation exceed the maximum insurance contribution noted above. In order to qualify, the employee must provide proof of insurance. The deferred compensation contribution will end if the employee rejoins the employers' group health insurance program. ARTICLE 16: WAGES Step System: Employees shall receive a one step increase at 6 months, and another step at the anniversary of their first year of employment. Employees will receive a one increment increase annually thereafter upon the anniversary of their hire up to the 5th step. 2010 and 2011 Pay Increase: Employees shall not receive a pay increase. ARTICLE 17: AUTO -ALLOWANCE Employees authorized to use their personal vehicles on City business will be reimbursed for vehicle expenses at rates set under federal guidelines or by the city council by separate contract. When employees possess specialized equipment (snowplows, bobcats, etc.), the City cannot require employees to donate the use of that equipment, and must negotiate a rental fee that is acceptable to employees. 16 ARTICLE 18: UNIFORMS The employer will provide appropriate uniforms, outer clothing and footwear required by OSHA to field workers (pants and shirts) . ARTICLE 19: SICK LEAVE Sick leave may be used as earned upon appointment to City employment. A. Accrual. Sick leave will be accrued for all regular full- time employees at the rate of one (1) day per calendar month and may be accrued to a maximum of ninety (90) days. B. Use of Sick Leave. Sick leave may be used only in the event of personal illness, legal quarantine, disability or emergencies such as death or serious illness in an employee's immediate family. An employee must request sick leave from his or her immediate supervisor before the start of the employee's workday on each day -sick leave is used. An employee may be requested to file a physician's statement, signed by the physician and the employee, indicating the nature of his or her illness. An employee may use available sick leave to attend to his or her -sick minor child for as long as is reasonably necessary. Up to three (3) days of sick leave per year may be used to attend to any other member of the employee's immediate family who is ill. C. Use for Funerals. An employee may use up to three days of sick leave as funeral leave. Funeral leave must be taken on consecutive working days, one of which is the day of death or the day of the funeral. Any deviations from this policy ,will be at the City Council's discretion. D. Upon separation of employment from the Employer, for any reason other than discharge for just cause, the employee or their designated beneficiary shall be paid one-half (1/2) of all unused accumulated sick leave, provided that the employee has ten (10) years of continuous service with the employer at the time of separation. ARTICLE 20: LEAVE OF ABSENCE WITHOUT PAY Upon request, a leave of absence without pay may be granted by the City Council for a period of up to ninety (90) days. No benefits will accrue or be paid out during a leave of absence without pay. Accrued vacation time may be paid out upon request of the employee. This is with the understanding that the vacation is paid out according to the regular pay schedule over regular 17 pay periods, which is the same scenario used to pay for all vacation days earned by the employees. An employee may elect to continue insurance benefits coverage during a leave of absence at the employee's expense. When special circumstances exist, the City Council may, upon request, extend a leave of absence. ARTICLE 21: COURT DUTY Any regular full-time or regular part-time employee who is required to serve as a juror or as a witness in court regarding City business shall be granted leave with pay while serving in such capacity. Upon completion of jury duty, the employee shall reimburse the City for the amount of jury duty pay, less the amount received for traveling expenses. ARTICLE 22: MILITARY LEAVE All employees subject -to Minnesota Statute Section 192.26 or 192.261 or U.S.C.A., Title 38, Section 2021 are entitled to the benefits and conditions listed therein. ARTICLE 23: ELECTION DAYS Any employee who is entitled to vote in any statewide general election or at any election to fill a vacancy in the office of representative in Congress, may absent himself/herself from his/her work for the purpose of voting during such election day for a period not to exceed two (2) hours without deduction from salary on account of such absence, provided the employee has made prior arrangements for the absence with the EMPLOYER. Any employee making claim for time off for voting and not casting a ballot or utilizing the time off for unauthorized purposes shall be subject to disciplinary action. ARTICLE 24: SCOPE OF AGREEMENT A. This AGREEMENT shall represent the complete agreement between the UNION and EMPLOYER. The parties acknowledge that during the negotiations which resulted in this AGREEMENT each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. B. Therefore, the EMPLOYER and the UNION, for the life of this AGREEMENT each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any 18 subject or matter referred to or covered in this AGREEMENT or with respect to any subject or matter not specifically referred to or covered in this AGREEMENT, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this AGREEMENT. ARTICLE 25: DURATION A. This contract shall become effective January 1, 2010 and shall continue in full force and effect up to and including December 31, 2011. B. Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this contract, are hereby superseded. C. Either party desiring to terminate or modify this contract must notify the other party in writing at least thirty (30) days prior to December 31, 2011 for wages and conditions of employment for calendar year 2012 or beyond. A notice of desire to modify this contract shall set forth specifically all proposed modifications sought by the party and all clauses of this contract for which no modification is sought shall be renewed automatically. D. Negotiations with respect to proposed modifications may commence at any time after notice of proposed modifications has been given. ARTICLE 26- SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and Ramsey County. In the event any provisions of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. Upon written request of either party, the parties shall meet and negotiate on a substitute provision for the voided provisions. ARTICLE 27- DRUG AND ALCOHOL TESTING POLICY The UNION agrees to the City's Alcohol and Drug Testing Policy as referenced in previous contract negotiations. See Appendix A 19 UNION By: Dated: Allen Lehrke, AFSCME Co. 5, Business Representative By: Dated: Dave Hinrichs, Public Works Coordinator, City of Lauderdale CITY OF LAUDERDALE By: Dated: Jeff Dains, Mayor, City of Lauderdale By: Dated: Heather Butkowski, City Administrator, City of Lauderdale 20 APPENDIX A ALCOHOL AND DRUG TESTING POLICY Purpose The City is committed to the health, well being and safety of its employees and property. All employees have a responsibility to report to and be at work in a fir condition to perform. This policy has been established for the purpose of providing a safe work place for all, and to comply with the Drug Free Workplace Act. Policy The use, possession, distribution, manufacture or sale of alcohol or illegal drugs anywhere at work on City time, on City property, or in City vehicles is prohibited and considered a willful violation of City policy which can result in suspension or discharge. Drug and alcohol testing of both blood or urine may be conducted under the circumstance set forth below. The City will use Minnesota Rule 4740.1075 through 4740.1090 for minimum standards of alcohol and drug detection limits. Specifics: 1. Applicants. All acceptable candidates who have been offered employment for full and part time positions in areas where physicals are required, will be required to undergo a drug test as part of the placement procedure. This test will only be used to detect illegal drugs, or their metabolites. We will notify and applicant of test results and, subject to the provision of ##7 below, will withdraw an employment offer from anyone who tests positive. 2. Employees may be required to undergo drug and alcohol testing at one of the nearest Medical Centers if there is reasonable cause for suspicion to believe that the employee is under the influence of drugs or alcohol and: A. Has violated written work rules prohibiting the use, possession, sale or transfer of drugs or alcohol while working, while on City premise, or while operating City vehicles, machinery or equipment. B. Has sustained a personal injury requiring or has caused another employee to sustain requiring medical care. C. Has caused a work related accident or was helping to operate equipment, machinery o involved in a work related accident. 21 medical care, an injury operating or a vehicle Employees will be driven to one of the nearest medical centers by their supervisor or the City Administrator. The medical center will take the urine or blood sample, and will forward the sample to the laboratories for testing. 3. An employee must notify his/her supervisor within 5 days of any arrest or conviction under any criminal drug statute. If an employee has been convicted under any drug statute, s/he will be requested to pursue the requirements in #4. 4. Any employee.may be required to undergo drug or alcohol testing if that employee has been referred by the City for chemical dependency treatment or evaluation and has been found to be chemically dependent. The employee may be required to undergo testing, without proper notice, during the period of evaluation or treatment and for up to two years following completion of any prescribed chemical dependency treatment program. 5. Applicants and employees may refuse to submit drug/alcohol testing; however, a refusal to submit to required testing will be grounds for immediate suspension with intent to terminate. offers of employment will be withdrawn from applicatns and employee who refuses testing. 6. Before testing is conducted, employees or applicants must state on a written form if they have seen the City policy and note any over-the-counter and prescriptions medications they are taking to have recently taken plus any other relevant information. This form will be given to the clinic at the time of testing. 7. The City Administrator or designee will receive the results of the drug and alcohol tests. Results of testing will be reported in writing to the employee or applicant within three working days of receipt by the City. If the test results is positive, the City will inform the employee or applicant in writing of his/her right to: A. Provide any additional information to the City within three working days upon receiving results of tests, that could explain the positive test result. B. Receive a copy of the test result report. C. Retest the original sample at their own expense provided they inform Administration within five working days after receiving notice of the positive test result. 22 8. A positive test result which has been confirmed indicating the presence of illegal drugs, alcohol, or non -prescribed drugs may result in termination, subject to the following: A. An employee who tests positive for the first time will be given the opportunity to participant in, at the employee's own expense or pursuant to coverage under the employee's benefit plan, a counseling or rehabilitation program after consultation with the City Administrator. B. The employee may discharge for any of the following reasons: 1. The employee tested positive on a previous occasion in a work related incident. 2. The employee refuses to participate in a chemical dependency or rehabilitation program recommended by the City Administrator 3. The employee fails to successfully complete chemical dependency counseling or a rehabilitation program. 9. If an employee is called out for a City emergency and is suspected of being under the influence of drugs or alcohol, s/he will not be subject to the testing procedures of this policy if s/he is suspected of being under the influence of drugs or alcohol. However, s/he will not be allowed to work, and will be sent home. lo. Results of test and other information acquired in the drug and alcohol testing process will be treated as private and confidential information. The employee tested and the City Administrator or designee will be told the result of the testing. If a positive result is confirmed, the City Administrator or council designee and the employee's supervisor will be notified. Results will be disclosed to no one outside of the City unless required by law or unless released of information is requested by the employee. 23