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City Council Agenda Packet 11-27-2023AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, November 27, 2023 — 6:30 p.m. Mississippi Room, Monticello Community Center CITY COUNCIL SPECIAL MEETINGS 4 p.m. 4:00 p.m. Consultant Interviews — Water Treatment Plant 5:35 p.m. Budget Workshop Mayor: Lloyd Hilgart Council Members: Charlotte Gabler, Tracy Hinz, Lee Martie, Sam Murdoff 1. General Business A. Call to Order & Pledge of Allegiance B. Approval of Agenda — Councilmembers or the City Administrator may add items to the agenda for discussion purposes or approval. The City Council may or may not take official action on items added to the agenda. C. Approval of Meeting Minutes • Special Meeting Minutes from November 13, 2023 • Regular Meeting Minutes from November 13, 2023 D. Citizen Comments — Individuals may address the City Council about any item not contained on the agenda. Each speaker will be allotted three minutes with a maximum of five speakers. The Mayor may allow for additional time and/or speakers. The City Council generally takes no official action of items discussed, except for referral to staff for future report. E. Public Service Announcements/Updates • City Announcements • MCC Announcements F. Council Liaison Update • Central Mississippi River Regional Planning Partnership (CMRP) • Economic Development Authority (EDA) • Bertram Chain of Lakes Advisory Council (BCOL Advisory Council) G. Department Updates • Library Update 2. Consent Agenda — All items listed on the Consent Agenda are considered standard or may not need discussion prior to approval. These items are acted upon by one motion unless a councilmember, the city administrator, or a citizen requests the item by removed from consent for additional discussion. A. Consideration of approving payment of bills B. Consideration of approving new hires and departures for City departments C. Consideration of approving the sale/disposal of surplus city property D. Consideration of adopting Resolution 2023-96 accepting donations of $1,000 from Mindful Gardens for MontiArts meditation tree and $1,500 from Liberty Bank for the Visit with Santa at Bertram on Saturday, December 2, 2023 E. Consideration of adopting Resolution 2023-97 approving 2024 Fire Department Officers F. Consideration of approving updated City of Monticello Personnel Policies and Procedures G. Consideration of approving a contract with Stonebrooke Engineering, Inc. for CSAH 39 Trail Improvements in the amount of $285,200 H. Consideration of adopting Resolution 2023-98 authorizing submission of Local Road Improvement Program (LRIP) Grant application — Chelsea and CSAH 39 roundabout I. Consideration of approving a contract with WSB for Ditch 33 Improvements in the amount of $196,534 J. Consideration of adopting Resolution 2023-99 accepting the feasibility report and setting a public hearing for December 11, 2023 for the 7t" Street Retaining Wall, RRFB and Sidewalk Improvement Project, City Project 23C005 K. Consideration of adopting Resolution 2023-100 accepting a feasibility report and setting a public hearing for December 11, 2023, for the Broadway Street Roadway and Utility Improvement Project, City Project 22C005 L. Consideration of accepting quotes and authorizing the purchase of a Toro Fertilizer/Spraymaster for $19,734 for the Parks, Arts & Recreation Department and declaring the 2006 Lesco fertilizer spreader as surplus property M. Consideration of adopting Ordinance 817 amending Title VII, Traffic Code, Chapter 70, Section 70.02, Parking and Stopping, relating to snow events N. Consideration of authorizing staff to negotiate with an attorney for representation in Polyflourinated Substances (PFAS) related settlements 2A. Consideration of items removed from the consent agenda for discussion 3. Public Hearings A. Public hearing — Consideration of adopting Resolution 2023-101 supporting final layout for 1-94 Project, State Project 8680-189 4. Regular Agenda 5. Adjournment MINUTES MONTICELLO CITY COUNCIL SPECIAL MEETING Monday, November 13, 2023 — 5:30 p.m. Academy Room, Monticello Community Center Present: Charlotte Gabler, Lloyd Hilgart, Tracy Hinz, Lee Martie, Sam Murdoff Absent: None Staff: Rachel Leonard, Jennifer Schreiber, Angela Schumann, Sarah Rathlisberger, Ron Hackenmueller, Jim Thares, and Steve Grittman 1. Call to Order Mayor Lloyd Hilgart called the special meeting to order at 5:30 p.m. 2. Cannabis Regulation Update Angela Schumann, Community Development Director, began the presentation and noted the purpose of the workshop. As part of the presentation, the following were addressed: the current ordinances in effect; licensing and registration; dispensaries; and next steps. Zoning will be discussed at a future meeting. Staff requested guidance on how many licenses the City wants to have (two are required), whether to enter into a JPA with Wright County, and whether or not the City would like to have its own dispensary. The City Council discussed the items. The Council had consensus on the following: to wait on a decision regarding JPA with Wright County until further information is provided; to initially allow a minimal number of licenses (such as two or three); and to not proceed with a city -owned dispensary. 3. Adjournment By consensus, the meeting was adjourned at 6:28 p.m. Recorder: Jennifer Schreiber Approved: Attest: City Council Special Meeting Minutes — November 13, 2023 City Administrator REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, November 13, 2023 — 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Charlotte Gabler, Tracy Hinz, Lee Martie and Sam Murdoff Absent: None. 1. General Business A. Call to Order & Pledge of Allegiance Mayor Hilgart called the meeting to order at 6:30 p.m. There was a moment of silence for the passing of previous City Councilmember Bill Fair. B. Approval of Agenda Councilmember Murdoff moved approval of the agenda. Councilmember Hinz seconded the motion. Motion carried unanimously. C. Approval of Meeting Minutes • Regular Meeting Minutes from October 23, 2023 Councilmember Gabler moved approval of the minutes. Councilmember Murdoff seconded the motion. Motion carried unanimously. D. Citizen Comments None. E. Public Service Announcements ➢ Haley Foster, Communications & Marketing Specialist, noted the following public announcements: • Winter Coat Drive • Hi -Way Liquors Fall Wine Sale • Thanksgiving • Planning Commission Vacancy • City -Wide Tree Inventory • MCC Door Repairs F. Council Liaison Uodates • Central Mississippi River Regional Planning Partnership — Mayor Hilgart noted that the group discussed the pell process with Bolten & Menk which City Council Minutes: November 13, 2023 Page 1 1 4 will be potentially completed the end of 2024. They also discussed communication to the public. • Industrial & Economic Development Commission — Councilmember Hinz gave an updated and noted that the group discussed the CET grant application. • Planning Commission — Councilmember Gabler gave an update of the meeting held November 6, 2023 meeting. The commission held a public hearing on text amendment and acquisition of certain land by the Economic Development Authority. • Economic Development Authority— Councilmember Hinz provided an update of the meeting held November 8, 2023. They approved amended Business Subsidy Policies and authorized purchase of a site. G. Department Update • IT Department Update —Trevor Mack, IT Technician, gave an annual update of the IT Department. As part of the review, he noted 2023 accomplishments, security awareness training, phish prone, and upcoming projects. • Construction Update — Matt Leonard, City Engineer/Public Works Director, provided an update on the current construction projects in Monticello. 2. Consent Agenda: Mayor Hilgart moved approval of the agenda excluding item 2H. Councilmember Murdoff seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Action taken: Approved the bill and purchase card registers for a total of $4,451,219.33. B. Consideration of approving new hires and departures for City departments. Action taken: Approved the hires for the Monticello Community Center and terminations form Administration, Monticello Community Center, Parks, and Public Works. C. Consideration of approving the sale/disposal of surplus city property. Action taken: No report this cycle. D. Consideration of approving an updated Letter of Agreement between the City of Monticello and Northern States Power Company (Xcel Energy) for emergency response to the Monticello Nuclear Generating Plant. Action taken: The Letter of Agreement was approved. City Council Minutes: November 13, 2023 Page 2 1 4 Consideration of adopting Ordinance 814 amending Title VII, Traffic Code, Chapter 70, Section 70.02, Parking and Stopping, relating to snow events. Action taken: Ordinance 814 was adopted. Consideration of adopting Resolution 2023-94 authorizing submittal of a Community Energy Transition (CET) Grant application in the amount of $1,000,000 in each of the grant fiscal years 2024 and 2025. Action taken: Adopted Resolution 2023-94 authorizing submission of a Community Entergy Transition Grant. G. Consideration of adopting Ordinance 815, an amendment to the Monticello City Code, Title XV: Land Usage, Chapter 153: Zoning Ordinance, Sections 153.012 — Definitions and 153.042 — Common District Requirements to allow certain encroachments into the required front yard for single and/or two-family residences and including definitions or other regulations necessary to define and limit the intent or application of the proposed amendment. Applicant: Nancy and Jonathan Parker. Action taken: Adopted Ordinance 815 based on findings in Resolution PC -2023-35. H. Consideration of approving the Final Stage PUD for Lot 1, Block 1, Great River Second Addition and First Amendment to Development Contract for the Great River Second Addition and adopting Ordinance 816 rezoning Lot 1, Block 1, Great River 2nd Addition to the Great River Addition Planned Unit Development. Action taken: ITEM WAS REMOVED FROM THE CONSENT AGENDA. 2A. Consideration of items removed from the consent agenda for discussion 1. Consideration of approving the Final Stage PUD for Lot 1, Block 1, Great River Second Addition and First Amendment to Development Contract for the Great River Second Addition and adopting Ordinance 816 rezoning Lot 1, Block 1, Great River 2,d Addition to the Great River Addition Planned Unit Development. Mayor Hilgart removed the item in order to vote in opposition as he does not support the development as noted in the City Council meeting held October 23, 2023. Councilmember Gabler moved to adopt Ordinance 816 rezoning to Lot 1, Block 1 Great River Second Addition to said district, and moved approval of the Final Stage Planned Unit Development Contract and Planned Unit Development, based on findings in Resolution 2023-95, and subject to ongoing compliance with the terms and conditions as specified in Exhibit Z of the staff report. Councilmember Murdoff seconded the motion. Motion carried 4-1; Mayor Hilgart voted against the motion. City Council Minutes: November 13, 2023 Page 3 1 4 3. Public Hearings: 4. Regular Agenda: A. Consideration of selecting a mechanical system for the Public Works Facili Project Matt Leonard, Public Works Director/City Engineer, presented the item and noted that staff recommended a conventional gas boiler heat mechanical system. The presentation included an assessment comparing a geothermal mechanical system to a standard natural gas boiler system. The geothermal system would cost approximately $200,000 more to install than a traditional natural gas boiler system. In addition, the natural gas system is estimated to have a lower energy cost by approximately $200,000 over 35 years. The primary benefits of the geothermal system include lower energy use intensity and the ability to cool more areas of the facility at a lower cost. The system would be eligible for a federal rebate through the Inflation Reduction Act, but the rebate amount is unknown at this time. Staff recommended using a conventional natural gas boiler system to minimize design and upfront installation costs given that utility rates and unknown rebate amount cannot be assured to offset those investments. There were some brief questions by the City Council. Councilmember Gabler moved to approve a natural gas boiler system for the new public works facility. Councilmember Hinz seconded the motion. Motion carried unanimously. 5. Adjournment: The meeting was adjourned at 7:18 p.m. Recorder: Jennifer Schreiber Attest: City Administrator City Council Minutes: November 13, 2023 Page 4 14 City Council Agenda: 11/27/2023 2A. Consideration of approving payment of bills Prepared by: Meeting Date: ® Consent Agenda Item Finance Director 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to approve the bill and purchase card registers for a total amount of $827,673.07. REFERENCE AND BACKGROUND City staff submits the attached bill registers and purchasing card registers for approval by Council. The bill registers contain all invoices processed and the purchasing card registers contain all card purchases made since the last Council meeting. Subject to MN Statutes, most invoices require Council approval prior to releasing checks for payment. The day following Council approval, payments will be released unless directed otherwise. A credit purchasing agreement and policy was approved by the Council initially and card purchases must comply with the policy. If the Council has no questions or comments on the bill and purchase card registers, these can be approved with the consent agenda. If requested, this item can be removed from consent and discussed prior to making a motion for approval. Budget Impact: N/A II. Staff Workload Impact: No additional work. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of bill and purchase card registers as presented. SUPPORTING DATA • Bill registers and purchase card registers Accounts Payable Computer Check Proof List by Vendor User: julie.cheney Printed: 11/17/2023 - 2:09PM Batch: 00202.11.2023 - 202.11.2023 USB Invoice No Description Amount Payment Date Acct Number Monticello Reference Vendor: 4263 CAYAN Check Sequence: 1 ACH Enabled: True 2862032 10/2023 (13,903 trans) 1390.30 plus tax 1,492.77 11/15/2023 609-49754-443980 2862032 10/2023 (CC rental) 119.85 plus tax 128.75 11/15/2023 609-49754-424100 Check Total: 1,621.52 Vendor: 6041 HEALTHEQUITY INC Check Sequence: 2 ACH Enabled: True 40784693 FSA- Dependent Care 384.60 11/15/2023 101-00000-217200 40784693 FSA - Medical 901.71 11/15/2023 101-00000-217300 40791345 FSA - Medical 302.00 11/15/2023 101-00000-217300 40799842 FSA - Dependent Care 384.60 11/15/2023 101-00000-217200 Check Total: 1,972.91 Vendor: 3241 LINCOLN FINANCIAL GROUP Check Sequence: 3 ACH Enabled: True 11/1/2023 Life Insurance - November 2023 3,324.69 11/15/2023 101-00000-217066 Check Total: 3,324.69 Vendor: 5147 MN PEIP Check Sequence: 4 ACH Enabled: True 1326376 Health Insurance - Dec 2023 52,277.42 11/15/2023 101-00000-217061 Check Total: 52,277.42 Vendor: 1426 CITY OF MONTICELLO Check Sequence: 5 ACH Enabled: True UB Sept 2023 5005 - spklr - 822 Hart Blvd. 228.74 11/15/2023 101-43120-438200 UB Sept 2023 8631 - Animal Shelter 261.87 11/15/2023 101-42700-438200 UB Sept 2023 5026 - Ellison Park 786.95 11/15/2023 101-45201-438200 UB Sept 2023 8905 - PW Office 18.35 11/15/2023 101-43127-438200 UB Sept 2023 5002- spklr- 1510 Hart Blvd 73.13 11/15/2023 101-43120-438200 UB Sept 2023 8119 - 303 6th St - Parks Barn 118.75 11/15/2023 101-45201-438200 UB Sept 2023 7224 - WWTP 1,786.76 11/15/2023 602-49480-438200 UB Sept 2023 8394 - spklr - Riverside Cem. 9.45 11/15/2023 215-49010-438200 UB Sept 2023 7256-004 - 130 Brdwy- Stormwtr 29.75 11/15/2023 213-46301-438200 AP -Computer Check Proof List by Vendor (11/17/2023 - 2:09 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference UB Sept 2023 5004 - spklr - 1390 Hart Blvd 357.65 11/15/2023 101-43120-438200 UB Sept 2023 7441 - spklr - 200 W. Broadway 0.00 11/15/2023 101-43120-438200 UB Sept 2023 14915 - spklr - 4100 1/2 Cedar 14.17 11/15/2023 101-43120-438200 UB Sept 2023 8528 - Monti -NSP Sftbll Fields 798.07 11/15/2023 101-45203-438200 UB Sept 2023 8086 - 4th St. Warming House 18.35 11/15/2023 101-45201-438200 UB Sept 2023 8177 - Library 278.77 11/15/2023 101-45501-438200 UB Sept 2023 8674 - spklr - 207 Chelsea Rd 215.23 11/15/2023 601-49440-438200 UB Sept 2023 8117 - MCC 2,367.52 11/15/2023 226-45126-438200 UB Sept 2023 8622 - Pioneer Park bathroom 18.35 11/15/2023 101-45201-438200 UB Sept 2023 10128 - DMV 56.45 11/15/2023 653-41990-438200 UB Sept 2023 8906 - spklr - PW 0.00 11/15/2023 101-43127-438200 UB Sept 2023 5569 - spklr - Meadow Oak Ave 518.15 11/15/2023 101-45201-438200 UB Sept 2023 8488 - spklr - Hillcrest Park 294.35 11/15/2023 101-45201-438200 UB Sept 2023 15291 - Commuter Lot- Stormwtr 61.25 11/15/2023 101-43120-438200 UB Sept 2023 13953 - spklr - Hwy25/SE Brdwy 36.04 11/15/2023 101-43120-438200 UB Sept 2023 15064 - spklr -Featherstone Pk 135.88 11/15/2023 101-45201-438200 UB Sept 2023 15363 - spklr- Fallon/7th St. 86.10 11/15/2023 101-43120-438200 UB Sept 2023 5248 - spklr - Bridge Park E 294.35 11/15/2023 101-45201-438200 UB Sept 2023 7885 - Facilities Maintenance 49.85 11/15/2023 701-00000-438200 UB Sept 2023 15292 - Dwntwn Parking-Strmwtr 29.75 11/15/2023 101-43120-438200 UB Sept 2023 5249 - spklr - Bridge Park W 0.00 11/15/2023 101-45201-438200 UB Sept 2023 8533 - spklr Chelsea Rd Lft St 182.42 11/15/2023 602-49490-438200 UB Sept 2023 15362 - spklr-Fallon/Chelsea 103.80 11/15/2023 101-43120-438200 UB Sept 2023 7256-007 - 103 Pine St- EDA 0.00 11/15/2023 213-46301-438200 UB Sept 2023 5003 - spklr - 1460 Hart Blvd 95.58 11/15/2023 101-43120-438200 UB Sept 2023 8621 - spklr- Fenning and-a-bt 43.25 11/15/2023 101-43120-438200 UB Sept 2023 8903 - PW Shop/Clerical 356.40 11/15/2023 101-43127-438200 UB Sept 2023 8120 - Bldg. Inspec. Garage 49.85 11/15/2023 101-41940-438200 UB Sept 2023 10063 - spklr - Front St. Park 45.00 11/15/2023 101-45201-438200 UB Sept 2023 7256-008 - 112 River St. W EDA 0.00 11/15/2023 213-46301-438200 UB Sept 2023 10267 - spklr - Comm. Garden 10.97 11/15/2023 226-45127-438200 UB Sept 2023 5250 - Bridge Park W 18.35 11/15/2023 101-45201-438200 UB Sept 2023 8904 - PW Vehicle Storage 8.74 11/15/2023 101-43127-438200 UB Sept 2023 5637 - Meadow Oak Dog Park 7.74 11/15/2023 101-45201-438200 UB Sept 2023 7256-003 -349 Bdwy- MontiArts 49.85 11/15/2023 101-45204-438200 UB Sept 2023 8114 - Hi -Way Liquors 262.59 11/15/2023 609-49754-438200 UB Sept 2023 14522 - spklr - Hillside Cem. 69.27 11/15/2023 101-45201-438200 UB Sept 2023 15640 - 103 Chelsea Rd- Fire 378.42 11/15/2023 101-42200-438200 UB Sept 2023 7256-0010 - 101 Brdwy W -EDA 0.00 11/15/2023 213-46301-438200 UB Sept 2023 7256-0011 107 Brdwy W- EDA 0.00 11/15/2023 213-46301-438200 UB Sept 2023 7256-013 - 113 Brdwy W - EDA 0.00 11/15/2023 213-46301-438200 UB Sept 2023 7256-014 - 121 Brdwy W - EDA 0.00 11/15/2023 213-46301-438200 UB Sept 2023 16795-000- 213 Bdwy - MontArts 49.85 11/15/2023 101-45204-438200 AP -Computer Check Proof List by Vendor (11/17/2023 - 2:09 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference UB Sept 2023 16726-000- 205 Pine St 49.85 11/15/2023 101-45201-438200 UB Sept 2023 17572-000- 207 River St E - (E Bridge Park Exp 66.06 11/15/2023 101-45201-438200 Check Total: 10,792.02 Vendor: 2282 MRI SOFTWARE Check Sequence: 6 ACH Enabled: True 1727565 Oct Background Checks (1) 23.00 11/15/2023 101-41410-431990 1727565 Oct Background Checks (2) 46.00 11/15/2023 226-45122-431990 Check Total: 69.00 Vendor: 2811 US BANK CORPORATE PMT SYSTEM Check Sequence: 7 ACH Enabled: True 11/06/2023 Amazon - (1) 16 G stapler, (1) pk 1-1/2" staples, 376.96 11/15/2023 101-45201-421990 11/06/2023 Amazon - socks for romp & stomp 91.95 11/15/2023 226-45125-421990 11/06/2023 Amazon - Quarter wrappers 8.54 11/15/2023 226-45122-421990 11/06/2023 Amazon - Curtain rod pulley 14.64 11/15/2023 226-45126-421990 11/06/2023 Amazon - Ergonomic keyboard 39.98 11/15/2023 101-45201-421990 11/06/2023 Amazon - Faux greenery / leaf garland 24.99 11/15/2023 101-45204-421990 11/06/2023 Amazon - (5) pk faux greenery / leaf garland 124.95 11/15/2023 101-45204-421990 11/06/2023 Amazon - (4) pk popcorn bags for Bertram Boot 109.96 11/15/2023 226-45127-421990 11/06/2023 Amazon - Limbo game for Bertram Bootacular 22.55 11/15/2023 226-45127-421990 11/06/2023 Amazon - Leis for Bertram Bootacular 99.95 11/15/2023 226-45127-421990 11/06/2023 Amazon - Grass skirts for Bertram Bootacular 22.98 11/15/2023 226-45127-421990 11/06/2023 Amazon - Staples & keytags 20.97 11/15/2023 226-45122-421990 11/06/2023 AST - (12) Lead life guard uniform t -shirts 162.00 11/15/2023 226-45124-421990 11/06/2023 AST - (45) MCC staff uniform t -shirts 506.25 11/15/2023 226-45122-421990 11/06/2023 Marties Feed - (40) Straw bales 350.00 11/15/2023 101-45201-421990 11/06/2023 Dacotah Paper - paper plates, tissues for MCC cc 155.69 11/15/2023 226-45125-421990 11/06/2023 Dacotah Paper - can liners for Library 26.39 11/15/2023 701-00000-421990 11/06/2023 Dacotah Paper - gloves, wipes, TP, towels, hair/l 1,485.31 11/15/2023 701-00000-421990 11/06/2023 Holiday - Diesel fuel 3.272G @ 4.899 - Mower 1 16.03 11/15/2023 226-45126-421990 11/06/2023 Home Depot - (2) carr bolts, (1) hex nut, (1) flat 75.60 11/15/2023 101-45201-421990 11/06/2023 Home Depot - (5) mini roller trays, (5) trim kit 27.30 11/15/2023 101-45204-421990 11/06/2023 Menards - (2) EA 2 x 12 green treat lumber 152.66 11/15/2023 101-45201-421990 11/06/2023 Pomps Tire - (2) PSR DSMT/MNT 50.88 11/15/2023 101-45201-440440 11/06/2023 Sherwin Williams - (7) G paint 471.34 11/15/2023 101-45204-421990 11/06/2023 Walmart - (4) chipbrush 3.88 11/15/2023 101-45204-421990 11/06/2023 Walmart - Decor, ribbon, fabric, etc for Hallowei 48.49 11/15/2023 101-45201-421990 11/06/2023 Amazon - sensor for drinking fountain 139.74 11/15/2023 226-45126-421990 11/06/2023 Amazon - covers for under sinks in locker rooms 276.00 11/15/2023 226-45126-421990 11/06/2023 Amazon - foam rollers 107.40 11/15/2023 226-45127-421720 11/06/2023 Amazon - vacuum for prairie center 299.99 11/15/2023 226-45126-424100 11/06/2023 Amazon - (4) round elastic tablecloth 61.56 11/15/2023 226-45123-421990 AP -Computer Check Proof List by Vendor (11/17/2023 - 2:09 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 11/06/2023 Amazon - (1) Employees must wash hands stick( 9.90 11/15/2023 226-45125-421990 11/06/2023 Amazon - (3) mats for outside doors 269.31 11/15/2023 226-45126-421990 11/06/2023 Amazon -(2) cold packs, (1) pk AA batteries, (1) 75.93 11/15/2023 226-45122-421990 11/06/2023 Amazon -(1) set dish brushes, (1) pk plastic disp 18.98 11/15/2023 101-45201-422990 11/06/2023 Central Hydraulic - (1) motor 884.90 11/15/2023 101-45201-422990 11/06/2023 Amazon - 50 ft expandable hose for cleaning 45.99 11/15/2023 226-45126-421990 11/06/2023 Amazon - 3M Easy Trap duster 58.00 11/15/2023 226-45126-421990 11/06/2023 Amazon - Pipe coverings for sinks 40.23 11/15/2023 226-45126-421990 11/06/2023 Amazon - Coil brushes 8.49 11/15/2023 226-45126-421990 11/06/2023 Amazon - (3) pks variety candy bars, (4) pks nut 142.69 11/15/2023 226-45125-425410 11/06/2023 Amazon (2) pks adj waist straps for swim floats 21.18 11/15/2023 226-45124-421990 11/06/2023 Arctic Glacier - Resale ice inv# 3454327503 293.68 11/15/2023 609-49750-425500 11/06/2023 AST - Employee uniform full zip sweatshirt - Dr 39.25 11/15/2023 226-45122-421990 11/06/2023 AST - Resale 50% deposit custom order "Hi-wai 1,385.00 11/15/2023 609-49750-425400 11/06/2023 AST - Employee uniform shirt 31.90 11/15/2023 609-49754-421990 11/06/2023 AST - "utx" - embroidery (1) shirt 10.00 11/15/2023 609-49754-421990 11/06/2023 Auto Value - (2) oil filters 10.58 11/15/2023 101-45201-421990 11/06/2023 Auto Value - (1) 9V battery 10.99 11/15/2023 226-45126-421990 11/06/2023 Cintas - 4167674242, 4168387280, 4169122283. 711.01 11/15/2023 609-49754-421990 11/06/2023 Cintas - Library mat service, 4169122294 48.00 11/15/2023 101-45501-431990 11/06/2023 Cintas - MCC janitorial supply, uniforms, mats,1 406.52 11/15/2023 226-45126-431990 11/06/2023 Dacotah Paper - Library can liners, toilet paper, 1 256.02 11/15/2023 701-00000-421990 11/06/2023 Dacotah Paper - MCC can liners, wipes, tissue, t 662.37 11/15/2023 701-00000-421990 11/06/2023 Dacotah Paper - Parks safety glasses 59.19 11/15/2023 701-00000-421990 11/06/2023 Fastenal - (200) ea of misc bolts, various washer 194.42 11/15/2023 101-45201-421990 11/06/2023 Fastenal - mise nuts bolts and washers for MCC 55.56 11/15/2023 101-45201-421990 11/06/2023 Fleet Farm - Diesel fuel 21.711G @ 4.399 - El l 95.51 11/15/2023 101-42200-421200 11/06/2023 Fleet Farm - Diesel fuel 12.657G @ 4.299 - E12 53.90 11/15/2023 101-42200-421200 11/06/2023 Home Depot - Painting pails, sticks, liners, trays, 104.92 11/15/2023 101-45204-421990 11/06/2023 Lifeguard Store - New back board 570.90 11/15/2023 226-45124-421990 11/06/2023 Martie's Feed - (2) Straw bales 17.50 11/15/2023 101-45201-421990 11/06/2023 Retail Resource - (5) sign holders 119.13 11/15/2023 609-49754-421990 11/06/2023 Amazon - Digital Hygrometer Indoor Thermome 49.47 11/15/2023 601-49440-421990 11/06/2023 Amazon - Refund Paper Lost in Transit -77.29 11/15/2023 101-41310-421990 11/06/2023 Amazon - Bowls, Plates, Coffee, Batteries, Enve 363.48 11/15/2023 101-41310-421990 11/06/2023 Amazon - Wall Calendars (2) 32.10 11/15/2023 101-41310-421990 11/06/2023 Amazon - Dishsoap 8.44 11/15/2023 101-41310-421990 11/06/2023 Amazon - Stackable Desk Tray 27.99 11/15/2023 101-41520-421990 11/06/2023 Amazon - Paper 36.80 11/15/2023 101-43110-421990 11/06/2023 Amazon - Socket Organizer, 3 Drawer Tool Box 79.73 11/15/2023 101-43120-421990 11/06/2023 Amazon - Dymo Label Writer 168.16 11/15/2023 101-41800-421990 11/06/2023 Amazon - Paper, Calendars, Markers, Pens, Stap 834.24 11/15/2023 101-41310-421990 11/06/2023 Amazon - Cocoa, Air Filters 52.15 11/15/2023 101-43110-421990 AP -Computer Check Proof List by Vendor (11/17/2023 - 2:09 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference 11/06/2023 Amazon - City Prime Annual Membership Rene, 499.00 11/15/2023 101-41310-443300 11/06/2023 Amazon - Monthly Planner, Desk Calculator 200.65 11/15/2023 653-41990-421990 11/06/2023 Amazon - Various Calendars 49.79 11/15/2023 101-43110-421990 11/06/2023 Amazon - Hole Punch, Various Soaps, Post It Nc 61.44 11/15/2023 101-43110-421990 11/06/2023 Amazon - Manilla File Folders (2 Boxes) 95.82 11/15/2023 101-41310-421990 11/06/2023 Amazon - Various Calendars 21.97 11/15/2023 653-41990-421990 11/06/2023 Amazon - Acrylic Sign Holders, Calculator Ribb 112.18 11/15/2023 653-41990-421990 11/06/2023 Amazon - Rubber Work Boots 54.80 11/15/2023 101-42400-421990 11/06/2023 Amazon - Acrylic Sign Holders 31.99 11/15/2023 101-41310-421990 11/06/2023 Amazon - Note Pads (3 pkgs) 23.01 11/15/2023 101-41310-421990 11/06/2023 Amazon - Pens 39.37 11/15/2023 101-41310-421990 11/06/2023 Amazon - Serving Tray, Drinking Glasses 108.95 11/15/2023 101-41310-421990 11/06/2023 Amazon - Steno Pads, Legal Pads 24.53 11/15/2023 101-41310-421990 11/06/2023 Amazon - USB Adapters, Headphone Stand 16.46 11/15/2023 101-43110-421990 11/06/2023 Amazon - Wall Mount Time Card Holder (Parks; 21.89 11/15/2023 101-45201-421990 11/06/2023 Amazon - Vent Covers, Paper, Ink Refill 98.55 11/15/2023 653-41990-421990 11/06/2023 Amazon - Coffee 69.68 11/15/2023 101-43110-421990 11/06/2023 AMPWA - MN Fall Conference Registration (M. 366.90 11/15/2023 101-43115-433100 11/06/2023 Aramark - Towel Service - Parks - August 165.24 11/15/2023 101-45201-431990 11/06/2023 Aramark - Towel Service - Shop - August 445.46 11/15/2023 101-43127-431990 11/06/2023 Aramark - Uniforms - Parks - August 317.42 11/15/2023 101-45201-441700 11/06/2023 Aramark - Uniforms - Water - August 149.10 11/15/2023 601-49440-441700 11/06/2023 Aramark - Uniforms - Sewer - August 149.10 11/15/2023 602-49490-441700 11/06/2023 Aramark - Uniforms - Streets - August 386.21 11/15/2023 101-43120-441700 11/06/2023 Aramark - Towel Service - Parks - Sept 247.86 11/15/2023 101-45201-431990 11/06/2023 Aramark - Towel Service - Shop - Sept 366.75 11/15/2023 101-45201-431990 11/06/2023 Aramark - Uniforms - Parks - Sept 253.97 11/15/2023 101-45201-441700 11/06/2023 Aramark - Uniforms - Sewer - Sept 118.49 11/15/2023 602-49490-441700 11/06/2023 Aramark - Uniforms - Water - Sept 118.49 11/15/2023 601-49440-441700 11/06/2023 Aramark - Uniforms - Streets - Sept 308.17 11/15/2023 101-43120-441700 11/06/2023 AST - Shirts w/Logo (4) (ML) 170.60 11/15/2023 101-43115-421990 11/06/2023 AST - Winter Caps (2), Jackets (2) 141.60 11/15/2023 101-42400-421990 11/06/2023 AST - Shirts w/Logo (5) 201.80 11/15/2023 101-42400-421990 11/06/2023 Ausco - Embroidered Beanie Hats 190.00 11/15/2023 101-43110-421990 11/06/2023 Ausco - Embroidered Beanie Hats 35.00 11/15/2023 101-43120-421990 11/06/2023 Ausco - Embroidered Beanie Hats 7.50 11/15/2023 601-49440-421990 11/06/2023 Ausco - Embroidered Beanie Hats 7.50 11/15/2023 602-49490-421990 11/06/2023 Bailey & Bailey - Cremation Urns (4) 319.76 11/15/2023 215-49010-349422 11/06/2023 Cintas - Mat Service #4171241917 76.40 11/15/2023 653-41990-431990 11/06/2023 Cintas - Mat Service #4169807303 59.02 11/15/2023 653-41990-431990 11/06/2023 Cintas - First Aid Cabinet Supplies - Shop 35.83 11/15/2023 101-43127-431990 11/06/2023 Cintas - First Aid Cabinet Supplies 70.30 11/15/2023 101-43120-431990 11/06/2023 Cintas - First Aid Cabinet Supplies 5.58 11/15/2023 601-49440-431990 AP -Computer Check Proof List by Vendor (11/17/2023 - 2:09 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 11/06/2023 Cub - Snack for Code Council Meeting 32.96 11/15/2023 101-42400-443990 11/06/2023 Cub - Flowers, Lemons, Limes - Mfg Appreciati 33.93 11/15/2023 213-46301-443990 11/06/2023 Curb LV - Taxi Service - Conference in Las Vcgz 34.33 11/15/2023 101-41520-433100 11/06/2023 Curb LV - Taxi Service - Tip Over Pmt (LL) Reii 0.58 11/15/2023 101-00000-115030 11/06/2023 Curb LV - Taxi Service - Tip Over Pmt (LL) Reii 0.58 11/15/2023 101-00000-115030 11/06/2023 Curb LV - Taxi Service - Conference in Las VegE 34.33 11/15/2023 101-41520-433100 11/06/2023 CWP - 5000 PSI Hydraulic Hose (4) JD Loader a 327.13 11/15/2023 101-43120-422100 11/06/2023 CWP - 5000 PSI Hydraulic Hose 306.96 11/15/2023 101-43120-422100 11/06/2023 CWP - Hydraulic Adapter Fittings (4) 50.88 11/15/2023 101-43120-422100 11/06/2023 CWP - Hydraulic Adapter Fittings (8), Pioneer E 313.76 11/15/2023 101-43120-422100 11/06/2023 CWP - Pioneer Ends (4), Couplers 179.64 11/15/2023 101-43120-422100 11/06/2023 Dacotah Paper - Cleaning Supplies 686.25 11/15/2023 701-00000-421990 11/06/2023 Domino's Pizza - Food for Special Council Meet 49.33 11/15/2023 101-41110-443990 11/06/2023 DTN - Online Forecast Renewal 10/1/23 - 9/30/, 2,988.00 11/15/2023 101-43120-431990 11/06/2023 DTN - Online Forecast Renewal 10/1/23 - 9/30/, 2,988.00 11/15/2023 101-43125-431990 11/06/2023 Fleet Farm - Socket Holders 17.37 11/15/2023 101-43120-421990 11/06/2023 FSS Solutions - dba Vault - DOT Screen 219.97 11/15/2023 101-43120-431990 11/06/2023 FSS Solutions - dba Vault - DOT Screen 74.65 11/15/2023 101-45201-431990 11/06/2023 GoDaddy.com - Hi Way Liquor Website Domain 21.99 11/15/2023 702-00000-421990 11/06/2023 Grainger - Block Heater 172.96 11/15/2023 602-49490-422990 11/06/2023 Grainger - Block Heater 172.96 11/15/2023 602-49490-422990 11/06/2023 Holiday - Unleaded Fuel .292 gals @ $3.449 1.83 11/15/2023 701-00000-421200 11/06/2023 Holiday - Car Wash 11.00 11/15/2023 701-00000-421990 11/06/2023 Home Depot - Ceiling Tile for PW 23.75 11/15/2023 701-00000-421990 11/06/2023 Home Depot - 4 x 4 for Mailbox Repair @ Libra 11.28 11/15/2023 701-00000-421990 11/06/2023 Home Depot - Drill Bits & Taps for Median Rep 76.31 11/15/2023 101-43120-421990 11/06/2023 Home Depot - Gap Filler 11.55 11/15/2023 101-43127-421990 11/06/2023 Home Depot -Washers, Taps, Drill Bits - Median 98.47 11/15/2023 101-43120-421990 11/06/2023 ICMA - 2024 Membership (RL) 878.00 11/15/2023 101-41310-443300 11/06/2023 LMC - 2023 Fall Forums Registration (HS) 30.00 11/15/2023 101-41910-433100 11/06/2023 LubeCore - 351b Pail of Grease 312.11 11/15/2023 101-43120-421990 11/06/2023 Microsoft - Email & Teams for MCC Maintenan 40.00 11/15/2023 702-00000-431900 11/06/2023 Microsoft - Email Online Services (AS) 36.00 11/15/2023 702-00000-431900 11/06/2023 Microsoft - Email Online Services 228.25 11/15/2023 702-00000-431900 11/06/2023 MN Dept Labor - Qtr 3 Building Permit Surchar; 11,223.83 11/15/2023 101-00000-208110 11/06/2023 MN Dept Labor - Qtr 3 Building Permit Surchar; -448.95 11/15/2023 101-42400-342300 11/06/2023 MN Nursery & Landscape - Northern Green Cla 350.00 11/15/2023 101-43120-433100 11/06/2023 MN DOT - 22C005 - Downtown Roadway Proje 578.48 11/15/2023 400-43300-459025 11/06/2023 Monti Chamber - Sept Lunch (JT) 20.00 11/15/2023 213-46301-443990 11/06/2023 Monti Chamber - Oct Lunch (RL) 35.00 11/15/2023 101-41310-443990 11/06/2023 MSP Airport - SB Conference Parking (LL) 90.00 11/15/2023 101-41520-433100 11/06/2023 Monti Napa - Oil for Lift Station Pumps 136.80 11/15/2023 602-49490-422990 11/06/2023 Monti Napa - Impact Socket 143.99 11/15/2023 101-43127-421990 AP -Computer Check Proof List by Vendor (11/17/2023 - 2:09 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 11/06/2023 NeoGov - Job Posting - Building Permit Tech 125.00 11/15/2023 101-41800-443300 11/06/2023 NeoGov - Job Posting - Receptionist 125.00 11/15/2023 101-41800-443300 11/06/2023 Rancho Grande - Lunch Meeting - Mfg Breakfas 16.05 11/15/2023 101-41310-443990 11/06/2023 Republic - Monthly Shredding Service (CH) 40.88 11/15/2023 101-41310-431990 11/06/2023 Republic - Monthly Shredding Service (DMV) 40.88 11/15/2023 653-41990-431990 11/06/2023 Runnings - Heater 19.99 11/15/2023 601-49440-421990 11/06/2023 Runnings - Tool/Shop Cart 149.99 11/15/2023 101-43120-421990 11/06/2023 Runnings - Conduit - Wiring for Brine Tank 7.89 11/15/2023 101-43120-422100 11/06/2023 Runnings - Kasota Work Boots 194.95 11/15/2023 101-43115-421990 11/06/2023 Runnings - Boondock Work Boots 199.95 11/15/2023 101-43120-421990 11/06/2023 Runnings - 1 1/2" Flex Hose - Truck #110 21.16 11/15/2023 101-43120-422100 11/06/2023 Runnings - 14" & 18" Pipe Wrenches 55.48 11/15/2023 101-43120-422100 11/06/2023 Runnings - 3/4" Padlock 6.89 11/15/2023 101-43120-422100 11/06/2023 Runnings - 20Amp Outlet, Outlet Cover 23.78 11/15/2023 601-49440-421990 11/06/2023 Runnings - Telescopic Magnet, Hammer - Shop' 44.96 11/15/2023 101-43127-421990 11/06/2023 Safe Guard Security - Monthly Security Monitor 44.95 11/15/2023 701-00000-431990 11/06/2023 St Cloud Parking - Parking @ Conference 3.50 11/15/2023 101-41910-433100 11/06/2023 Survey Monkey - Annual Subscription (1/2) 234.00 11/15/2023 101-41800-443300 11/06/2023 Survey Monkey - Annual Subscription (1/2) 234.00 11/15/2023 101-41910-443300 11/06/2023 USPS - Roll Stamps, Mail Letter 70.75 11/15/2023 101-43110-432200 11/06/2023 USPS - Certified Letter 9.49 11/15/2023 101-41910-432200 11/06/2023 USPS - Certified Letter 9.49 11/15/2023 101-41910-432200 11/06/2023 USPS - Mail Letter 5.40 11/15/2023 601-49440-432200 11/06/2023 USPS - Certified Letters 19.22 11/15/2023 101-41910-432200 11/06/2023 Vdara - Final Payment Lodging SpringBrook Co 293.65 11/15/2023 101-41520-433100 11/06/2023 Verizon - Aug 21 - Sept 20 1,280.33 11/15/2023 702-00000-432100 11/06/2023 Weebly - MCC Website 18.00 11/15/2023 702-00000-421990 11/06/2023 Wright Co Recorder - Notary Record @ County 21.80 11/15/2023 101-41410-443300 11/06/2023 Amazon - -7.65 11/15/2023 101-41310-421990 11/06/2023 Runnings - (18) EA engine oil 80.82 11/15/2023 101-45201-421990 11/06/2023 Runnings - 2 EA roller covers, 5 EA chip brush, 51.98 11/15/2023 101-45201-421990 11/06/2023 Runnings - 1 EA roller covers, 3 EA chip brushe, 18.96 11/15/2023 101-45201-421990 11/06/2023 Runnings - 2 EA caution tape 22.38 11/15/2023 101-45201-421990 11/06/2023 Von Hanson Snacks - Pretzels; 9 EA dill, 9 EA zi 47.25 11/15/2023 226-45125-425410 11/06/2023 Walmart - (28) EA pizzas 134.96 11/15/2023 226-45125-425410 11/06/2023 WHCEA- General Street Lighting 2,230.23 11/15/2023 101-43160-438100 11/06/2023 WHCEA- October 2023 Security Monitoring 191.14 11/15/2023 701-00000-431900 11/06/2023 WHCEA- Sunset Ponds Lift Station 9/1 - 10/1/2 117.84 11/15/2023 602-49490-438100 11/06/2023 AED Brands - (1) Battery replacement for Lifep: 307.00 11/15/2023 101-42200-421990 11/06/2023 Amazon - (2) scissors, (1) 4pk kitchen shears, (1 122.77 11/15/2023 226-45125-421990 11/06/2023 Amazon - (1) clock for warehouse 49.98 11/15/2023 226-45127-421720 11/06/2023 Auto Value - (1) oil filter, loom clip assy for #22 34.99 11/15/2023 101-45201-421990 11/06/2023 Auto Value - (2) HD air construction PN 46438 62.22 11/15/2023 101-45201-421990 AP -Computer Check Proof List by Vendor (11/17/2023 - 2:09 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference 11/06/2023 Brick Oven Bus - Food for staff 55.20 11/15/2023 226-45122-443990 11/06/2023 Costco - Concession food, chips, hotpockets, yol 211.14 11/15/2023 226-45125-425410 11/06/2023 Cub - resale limes & lemons, 30 ea 31.60 11/15/2023 609-49750-425500 11/06/2023 Dollar Tree - baskets for swim lesson supplies 5.00 11/15/2023 226-45124-421990 11/06/2023 Fleet Farm - Paper plates and bowls 33.35 11/15/2023 101-42200-421990 11/06/2023 Holiday - Diesel fuel 31.377G @ 4.499 - E-11 141.17 11/15/2023 101-42200-421200 11/06/2023 Holiday - Diesel fuel 11.408G @ 4.499 - T-11 51.32 11/15/2023 101-42200-421200 11/06/2023 Holiday - Diesel fuel 13.152G @ 4.499 - E-12 59.17 11/15/2023 101-42200-421200 11/06/2023 Holiday - Diesel fuel 13.500G @ 4.499 - T-11 60.74 11/15/2023 101-42200-421200 11/06/2023 Home Depot - (10) EA 60# bags concrete 37.40 11/15/2023 101-45201-421990 11/06/2023 Runnings - (3 0) EA bulk bin misc nuts, bolts, sci 20.20 11/15/2023 101-45201-421990 11/06/2023 Runnings - (1) LED work light, 5K lumens 39.99 11/15/2023 101-45201-421990 11/06/2023 Runnings - (2) Pks of 100, 11" cable ties 26.58 11/15/2023 101-45201-421990 11/06/2023 Runnings - (1) bolt snap swivel eye 12.29 11/15/2023 101-45201-421990 11/06/2023 Speedway - Unleaded fuel 20.026G @3.449 - Cc 69.07 11/15/2023 101-42200-421200 11/06/2023 Speedway - Unleaded fuel 7.011G @ 3.299 - Co 23.13 11/15/2023 101-42200-421200 11/06/2023 Top It - Food for staff 33.00 11/15/2023 226-45122-443990 11/06/2023 Walmart - Candy & glow safety bracelets-Bertan 70.08 11/15/2023 101-42200-421990 11/06/2023 Wright Co Parks - Firewood for Bertram Bootaci 48.00 11/15/2023 226-45127-421990 11/06/2023 Amazon - (2) EA Holiday lights 199.98 11/15/2023 101-45204-421990 11/06/2023 Amazon - (1) pk of batteries for flash lights 39.74 11/15/2023 101-42200-421990 11/06/2023 Amazon - Popcorn bags returned, (2) EA -82.47 11/15/2023 226-45127-421990 11/06/2023 Amazon - (1) roll masking tape 4.99 11/15/2023 226-45122-421990 11/06/2023 Amazon - (1) wireless trackball mouse 40.40 11/15/2023 226-45122-421990 11/06/2023 Cub - Resale lemons & limes 98.40 11/15/2023 609-49750-425500 11/06/2023 Innovative - suckers, coffee supplies, forks 332.91 11/15/2023 609-49754-421990 11/06/2023 Sherwin Williams - (2) quarts paint for Downtov 39.88 11/15/2023 101-45204-421990 11/06/2023 Walmart - (3) adhesive 12.91 11/15/2023 101-45204-421990 11/06/2023 Walmart - (3) bags candy for Halloween 59.45 11/15/2023 609-49754-421990 11/06/2023 Walmart - (3) Fly swatters 4.45 11/15/2023 609-49754-421990 11/06/2023 Dish Network - November 2023 service 77.06 11/15/2023 609-49754-432500 11/06/2023 Nighthawk Security - November 2023 Security - 49.95 11/15/2023 701-00000-431990 11/06/2023 Grant Gopher - Start Pro October 2023 service 9.00 11/15/2023 101-45201-443300 11/06/2023 Adobe - State Arts Grant - October 2023 Service 29.99 11/15/2023 101-45204-431990 11/06/2023 ABM Equip - 1 Hydr return filter, 2 oil seals, 1 s 471.35 11/15/2023 101-45201-422990 11/06/2023 Nokomis Shoe Shop - work boots, Tom Grossnic 184.95 11/15/2023 101-45201-421990 11/06/2023 1stAYD - Goatskin High Viz Gloves (2 prs) 201.20 11/15/2023 101-43127-421990 11/06/2023 1stAYD - Safety Glasses (12 prs) 97.45 11/15/2023 101-43127-421990 11/06/2023 Amazon - 5 Port USB Hub w/USB-C (2) 15.82 11/15/2023 101-43110-421990 11/06/2023 Amazon - Paper 19.30 11/15/2023 101-43110-421990 11/06/2023 Amazon - Hand Skimmer 7.02 11/15/2023 101-43125-421990 11/06/2023 Grainger - Magnetic Contactor 30.20 11/15/2023 601-49440-422990 11/06/2023 LMC - 2023 Fall Forums Registration (7S) 30.00 11/15/2023 101-41310-433100 AP -Computer Check Proof List by Vendor (11/17/2023 - 2:09 PM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference 11/06/2023 M & M Express - Chain Saw Chaps (TL) 105.95 11/15/2023 101-43120-421990 11/06/2023 Microsoft - Backup Storage 78.74 11/15/2023 702-00000-431900 11/06/2023 Monti Napa - Alternator Bearing - Front (2) 48.28 11/15/2023 101-43120-422100 11/06/2023 Monti Napa - Pinion Seal - Front Axle (2) 34.24 11/15/2023 101-43125-422100 11/06/2023 Runnings - Outlet Duplex Tamper 20A, Outlet C 13.78 11/15/2023 601-49440-421990 11/06/2023 Runnings - Couplers (2), Stubby Valve Port 102.46 11/15/2023 101-43125-422100 11/06/2023 Waste Mgmt - Sept 2023 149.32 11/15/2023 101-45201-438400 11/06/2023 Waste Mgmt - Sept 2023 53.70 11/15/2023 101-43127-438400 11/06/2023 Waste Mgmt - Sept 2023 28.61 11/15/2023 609-49754-438400 11/06/2023 Waste Mgmt - Sept 2023 435.27 11/15/2023 226-45126-438400 11/06/2023 Waste Mgmt - Sept 2023 137.17 11/15/2023 602-49480-438400 11/06/2023 Waste Mgmt - Sept 2023 14.47 11/15/2023 101-45501-431990 11/06/2023 Waste Mgmt - Sept 2023 - Recycling 20,614.73 11/15/2023 101-43230-438400 11/06/2023 Waste Mgmt - Sept 2023 - Garbage 46,545.87 11/15/2023 101-43230-438400 11/06/2023 Waste Mgmt - Sept 2023 - G FEE 4,572.68 11/15/2023 101-00000-208120 11/06/2023 Torque Tight - 33MM Torque Tight Lug Nut Ind: 61.85 11/15/2023 101-43125-422100 11/06/2023 Wheelco - Refund Core Charge - Brake Shoes (4 -100.00 11/15/2023 101-43120-422100 11/06/2023 Wheelco - Balanced Brake Drums (2), Brake Shi 635.52 11/15/2023 101-43120-422100 11/06/2023 Monti Chamber - Oct Lunch (HF) 20.00 11/15/2023 101-41310-443990 11/06/2023 Monti Chamber - Table @ Annual Banquet 800.00 11/15/2023 101-45201-443990 11/06/2023 CWP - Bobcat Skidloader Wing #105 93.55 11/15/2023 101-43125-422100 11/06/2023 CWP - 5000 PSI Hydraulic Hoses, Fittings - Ski( 484.78 11/15/2023 101-43125-422100 11/06/2023 Wine Spectator.com - Yearly subscription 59.95 11/15/2023 609-49754-421990 11/06/2023 Cub - Resale limes & lemons 67.45 11/15/2023 609-49750-425500 Check Total: 127,343.57 Vendor: 2438 VANCO SERVICES LLC Check Sequence: 8 00013925802 Vanco Gateway Exchange - Oct (1/2) 55.46 11/15/2023 601-49440-443980 00013925802 Vanco Gateway Exchange - Oct (1/2) 55.46 11/15/2023 602-49490-443980 Check Total: Total for Check Run: Total of Number of Checks: 110.92 ACH Enabled: True The preceding list of bills payable was reviewed and approved for payment. 197,512.05 Date: 11/27/2023 Approved by: 8 Mayor Lloyd Hilgart AP -Computer Check Proof List by Vendor (11/17/2023 - 2:09 PM) Page 9 Accounts Payable Computer Check Proof List by Vendor ITY # Of' User: julie.cheney 4moilifiwflo Printed: 11/21/2023 - 1:31PM Batch: 00204.11.2023 - 204.11.2023 AP Invoice No Description Amount Payment Date Acct Number Reference Vendor: 6326 1 LAYER TECHNOLOGY LLC Check Sequence: 1 ACH Enabled: False 1002409383 Downtown/Block 52 Fiber Splicing (River St, V 4,495.00 11/28/2023 656-49877-440100 Check Total: 4,495.00 Vendor: 2925 1 ST LINE/LEEWES VENTURES LLC Check Sequence: 2 ACH Enabled: False 147046 Flavored Syrups for Concession (4) 442.25 11/28/2023 226-45125-425410 Check Total: 442.25 Vendor: 5660 ABSOLUTE PRINT GRAPHICS Check Sequence: 3 ACH Enabled: False 62799 UB Nov Invoices (3892) Print, Fold, Stuff, Enve 777.25 11/28/2023 601-49440-431800 62799 UB Nov Invoices (3892) Print, Fold, Stuff, Enve 777.25 11/28/2023 602-49490-431800 62799 Nov City Announcements (3 900) 1,052.76 11/28/2023 101-41310-443990 Check Total: 2,607.26 Vendor: 3491 ARTISAN BEER COMPANY Check Sequence: 4 ACH Enabled: False 3640555 Resale - Wine 106.15 11/28/2023 609-49750-425300 3641324 Resale - Beer 400.25 11/28/2023 609-49750-425200 Check Total: 506.40 Vendor: 4502 ARVIG Check Sequence: 5 ACH Enabled: True 11/8/2023 IT Services - Nov 2023 73.00 11/28/2023 702-00000-431900 339376 Oct 2023 - FNM Expenses - Gigaspire Mesh & 1 11,577.52 11/28/2023 656-49877-422990 Check Total: 11,650.52 Vendor: 1062 BEAUDRY OIL COMPANY Check Sequence: 6 ACH Enabled: True 2480905 Unleaded Fuel (517 gals) @ $2.228 1,299.23 11/28/2023 101-43120-421200 2480906 Diesel Fuel (604 gals) @ $3.018 1,995.01 11/28/2023 101-43120-421200 Check Total: 3,294.24 AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 1065 BELLBOY CORPORATION 107589900 Freight 107589900 Resale - Grenadine, margarita mix, molasses bitt 107589900 Bags - (500) 60#, (500) Qt, (500) 50# 200792500 Resale - Liquor credit 201488100 Resale - Wine 201488100 Resale - Liquor 201488100 Freight 201577300 Resale - Liquor 201577300 Freight 609-49750-425100 Check Total: Vendor: 1067 BERNICK'S 10142421 Resale - Beer Credit 10147598 Resale - NA Beer 10147598 Resale - Beer 10147599 Resale - Pop 10147600 Resale - Beer credit 10149894 Resale - Beer 10149895 Resale - Concessions, water, pop, gatorade, bubt Check Total: Vendor: 1079 BOYER TRUCKS - LAUDERDALE 093SI771 2012 Mack - Alignment, Inspection, Steering As Check Total Vendor: 4328 BREAKTHRU BEVERAGE MN WINE & SPIRITS, LLC 113008213 Resale - Liquor 113008213 Resale - Wine 113008213 Resale - Cocktail cherries 113008213 Freight 113114232 Resale - wine 113114232 Resale - Liquor 113114232 Freight 411604264 Resale - Liquor credit 411604265 Resale - Wine credit 609-49750-425100 Check Total: Vendor: 1091 CAMPBELL KNUTSON PA 2348-000OG 255 Commercial Kitchen Facility User Agreement - 4,628.89 Check Sequence: 9 ACH Enabled: True 2,388.54 11/28/2023 101-43120-440990 2,388.54 Check Sequence: 7 ACH Enabled: True 1.51 11/28/2023 609-49750-433300 122.95 11/28/2023 609-49750-425400 206.95 11/28/2023 609-49754-421990 -30.83 11/28/2023 609-49750-425100 208.00 11/28/2023 609-49750-425300 5,854.93 11/28/2023 609-49750-425100 84.56 11/28/2023 609-49750-433300 2,350.75 11/28/2023 609-49750-425100 36.30 11/28/2023 609-49750-433300 8,835.12 52.14 11/28/2023 609-49750-433300 Check Sequence: 8 ACH Enabled: False -21.76 11/28/2023 609-49750-425200 27.60 11/28/2023 609-49750-425400 1,634.80 11/28/2023 609-49750-425200 180.48 11/28/2023 609-49750-425400 -50.00 11/28/2023 609-49750-425200 2,054.25 11/28/2023 609-49750-425200 803.52 11/28/2023 226-45125-425410 4,628.89 Check Sequence: 9 ACH Enabled: True 2,388.54 11/28/2023 101-43120-440990 2,388.54 Check Sequence: 10 ACH Enabled: False 3,229.47 11/28/2023 609-49750-425100 884.00 11/28/2023 609-49750-425300 91.00 11/28/2023 609-49750-425500 51.99 11/28/2023 609-49750-433300 808.00 11/28/2023 609-49750-425300 3,467.42 11/28/2023 609-49750-425100 52.14 11/28/2023 609-49750-433300 -57.05 11/28/2023 609-49750-425100 -72.00 11/28/2023 609-49750-425300 8,454.97 Check Sequence: 11 ACH Enabled: True 1,520.00 11/28/2023 226-45122-431990 AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 2348-000OG 255 Frosley Property Demo - Oct 2023 32.00 11/28/2023 101-45201-431990 2348-000OG 255 Shade Tree - Oct 2023 80.00 11/28/2023 101-46102-431990 2348-000OG 255 Public Works Admin - Oct 2023 551.50 11/28/2023 101-43110-431990 2348-000OG 255 General Admin - Oct 2023 2,952.30 11/28/2023 101-41610-430400 Check Total: 5,135.80 Vendor: 4646 CAPITOL BEVERAGE SALES L.P. Check Sequence: 12 ACH Enabled: True 2911788 Resale - Beer credit -37.69 11/28/2023 609-49750-425200 2911789 Resale - Beer 9,831.85 11/28/2023 609-49750-425200 2911789 Resale - Cranberry juice 26.00 11/28/2023 609-49750-425500 2911789 Resale - Club soda, lemon sour, NA beer 57.95 11/28/2023 609-49750-425400 2911789 Resale - Liquor 1,203.20 11/28/2023 609-49750-425100 2915062 Resale - Beer credit -70.58 11/28/2023 609-49750-425200 2915063 Resale - Beer 20,158.00 11/28/2023 609-49750-425200 2915063 Resale - NA beer, lemon sour, tonic, club soda 272.30 11/28/2023 609-49750-425400 2915063 Resale - cranberry juice 26.00 11/28/2023 609-49750-425500 2915063 Resale - Liquor 622.20 11/28/2023 609-49750-425100 Check Total: 32,089.23 Vendor: 1106 CENTRAL MCGOWAN INC Check Sequence: 13 ACH Enabled: True 267958 Monthly tank rental 76.00 11/28/2023 226-45124-441500 775813 Bulk carbon dioxide (587 lbs) 214.55 11/28/2023 226-45124-421600 Check Total: 290.55 Vendor: 3973 CENTRAL TRAILER SALES INC Check Sequence: 14 ACH Enabled: True 31284 22FT PJ Deckover Trailer W/HD Ramp 9,619.00 11/28/2023 703-00000-165010 Check Total: 9,619.00 Vendor: 1124 CREATIVE FORMS AND CONCEPTS INC Check Sequence: 15 ACH Enabled: False 120279 2023 1099 Tax Forms & Envelopes 83.35 11/28/2023 101-41520-421990 Check Total: 83.35 Vendor: 2935 CUSTOMIZED FIRE RESCUE TRAINING INC Check Sequence: 16 ACH Enabled: False 2509 MBFTE Reimb - Live Burn Training 8/20/23 1,800.00 11/28/2023 101-42200-433100 Check Total: 1,800.00 Vendor: 1129 DAHLHEIMER BEVERAGE LLC Check Sequence: 17 ACH Enabled: True 2042711 Resale - Beer 31,732.20 11/28/2023 609-49750-425200 AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 2042711 Resale - NA Beer, Liquid ice blue 160.00 11/28/2023 609-49750-425400 2042919 Resale - Beer credit -393.00 11/28/2023 609-49750-425200 2045117 Resale - Beer credit -919.60 11/28/2023 609-49750-425200 2045117 Resale - NA Beer credit -64.00 11/28/2023 609-49750-425400 2047622 Resale - Beer 39,303.05 11/28/2023 609-49750-425200 2047630 Resale - Beer 781.00 11/28/2023 609-49750-425200 2048048 Resale - Beer credit -355.20 11/28/2023 609-49750-425200 2050382 Resale - NA Beer 933.85 11/28/2023 609-49750-425400 2050382 Resale - Beer 824.00 11/28/2023 609-49750-425200 Check Total: 72,002.30 Vendor: 6272 DANGEROUS MAN BREWING COOMPANY Check Sequence: 18 ACH Enabled: True IN -1755 Resale - Beer 152.00 11/28/2023 609-49750-425200 IN -1851 Resale - Beer 158.00 11/28/2023 609-49750-425200 Check Total: 310.00 Vendor: 5105 DELL MARKETING LP Check Sequence: 19 ACH Enabled: False 10711832378 Dell Latitude5540 BTX Laptop (RL) 1,472.42 11/28/2023 702-00000-424100 Check Total: 1,472.42 Vendor: 5201 DICK FAMILY, INC. Check Sequence: 20 ACH Enabled: True 1802596 Resale - Beer 195.80 11/28/2023 609-49750-425200 1806087 Resale - Beer 1,440.85 11/28/2023 609-49750-425200 2465000231 Resale - Beer credit -22.33 11/28/2023 609-49750-425200 Check Total: 1,614.32 Vendor: 1147 DOUBLE D ELECTRIC INC Check Sequence: 21 ACH Enabled: False 28143 Replaced Exterior & Lower Interior Lighting Fir 2,192.09 11/28/2023 601-49440-440600 Check Total: 2,192.09 Vendor: 1153 ECM PUBLISHERS INC Check Sequence: 22 ACH Enabled: True 972068 Fall Wine Sale - AD# 1347637 250.00 11/28/2023 609-49754-434990 973069 Fall Wine Sale - AD# 1347570 600.00 11/28/2023 609-49754-434990 Check Total: 850.00 Vendor: 6321 ZACHARY ERPESTAD Check Sequence: 23 ACH Enabled: False 11/07/23 Install & material - window tinting E main hallw 9,729.18 11/28/2023 226-45124-458010 AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 507.00 Vendor: 6323 FRONTIER HOMES Check Sequence: 28 ACH Enabled: False AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 5 Check Total: 9,729.18 Vendor: 4336 FARM -RITE EQUIPMENT INC Check Sequence: 24 ACH Enabled: False E04731 2023 Bobcat UW53 Toolcat SN B4RD11437, in( 40,726.97 11/28/2023 703-00000-165010 Check Total: 40,726.97 Vendor: 2273 FIBERNET MONTICELLO - ACH Check Sequence: 25 ACH Enabled: True 11/8/2023 Nov 2023 - Phone - City Hall 923.18 11/28/2023 702-00000-432100 11/8/2023 Nov 2023 - Phone - MCC 561.55 11/28/2023 702-00000-432100 11/8/2023 Nov 2023 - Phone - Ballfields 19.63 11/28/2023 702-00000-432100 11/8/2023 Nov 2023 - Phone - DMV 284.84 11/28/2023 702-00000-432100 11/8/2023 Nov 2023 - Phone - Hi Way Liquor 377.72 11/28/2023 702-00000-432100 11/8/2023 Nov 2023 - Phone - Fire Hall 414.45 11/28/2023 702-00000-432100 11/8/2023 Nov 2023 - Phone - Public Works 1,328.67 11/28/2023 702-00000-432100 11/8/2023 Nov 2023 - Phone - Parks 116.71 11/28/2023 702-00000-432100 11/8/2023 Nov 2023 - Phone - Prairie Center 12.82 11/28/2023 702-00000-432100 11/8/2023 Nov 2023 - Internet - City Hall 248.90 11/28/2023 702-00000-432300 11/8/2023 Nov 2023 - Internet - MCC 10.00 11/28/2023 702-00000-432300 11/8/2023 Nov 2023 - Internet - DMV 91.90 11/28/2023 702-00000-432300 11/8/2023 Nov 2023 - Internet - Hi Way Liquor 45.95 11/28/2023 702-00000-432300 11/8/2023 Nov 2023 - Internet - Fire Hall 174.90 11/28/2023 702-00000-432300 11/8/2023 Nov 2023 - Internet - Animal Shelter 33.95 11/28/2023 702-00000-432300 11/8/2023 Nov 2023 - Internet - Public Works 53.95 11/28/2023 702-00000-432300 11/8/2023 Nov 2023 - Cable - Fire Hall 127.85 11/28/2023 101-42200-431990 11/8/2023 Nov 2023 - Cable - MCC 205.98 11/28/2023 226-45127-432500 11/8/2023 Nov 2023 - Data Hosting 500.00 11/28/2023 702-00000-431900 11/8/2023 Nov 2023 - Service Contract 250.00 11/28/2023 702-00000-431900 11/8/2023 Nov 2023 - Phone & Internet - Monti Arts 153.86 11/28/2023 101-45204-431990 Check Total: 5,936.81 Vendor: 1179 FIRE SAFETY USA INC Check Sequence: 26 ACH Enabled: False 178852 (1) ATI/Kuriyama 5"x25" fire hose, yellow 350.00 11/28/2023 101-42200-422100 Check Total: 350.00 Vendor: 1662 FLAHERTY'S HAPPY TYME COMPANY Check Sequence: 27 ACH Enabled: False 38651 Resale - mixes: Tom & Jerry, Hot buttered rum 507.00 11/28/2023 609-49750-425400 Check Total: 507.00 Vendor: 6323 FRONTIER HOMES Check Sequence: 28 ACH Enabled: False AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 11/17/2023 Escrow Refund - 4146 89th Street NE/Featherstc 2,000.00 11/28/2023 101-00000-220110 Check Total: 2,000.00 Vendor: 6322 GLENBROOK BUILDING SUPPLY INC Check Sequence: 29 ACH Enabled: False 2310-530615 (3) EA IT# T2410 24.27 11/28/2023 101-45201-421990 2310-531105 (10) EA IT# 50530636-000, (6) EA IT# T2410 185.54 11/28/2023 101-45201-421990 Check Total: 209.81 Vendor: 5840 HAKANSON ANDERSON ASSOCIATES INC Check Sequence: 30 ACH Enabled: False 51910 22C005 - 7th Stree Retaining Wall & Sidewalk - 15,703.63 11/28/2023 400-43300-453010 51911 22C005 - Broadway Roadway & Utility Improve 35,120.72 11/28/2023 400-43300-459025 51912 22C003 - School Blvd Intersection Improvement 3,260.00 11/28/2023 400-43300-459024 Check Total: 54,084.35 Vendor: 1223 HAWKINS INC Check Sequence: 31 ACH Enabled: True 6625167 Chlorine Cylinders (6) 60.00 11/28/2023 601-49440-421600 Check Total: 60.00 Vendor: 5489 HR GREEN INC Check Sequence: 32 ACH Enabled: False 169198 Cost Estimating - Thru 10/31/23 262.50 11/28/2023 101-43115-431990 Check Total: 262.50 Vendor: 5889 INNOVATIVE OFFICE SOLUTIONS LLC Check Sequence: 33 ACH Enabled: False IN4378152 (4) CT thermal paper, (6) rm paper 544.71 11/28/2023 609-49754-421990 Check Total: 544.71 Vendor: 1263 JOHNSON BROTHERS LIQUOR CO. Check Sequence: 34 ACH Enabled: False 2418064 Freight 51.60 11/28/2023 609-49750-433300 2418064 Resale - Liquor 3,341.34 11/28/2023 609-49750-425100 2418916 Freight 103.06 11/28/2023 609-49750-433300 2418916 Resale - Liquor 7,570.06 11/28/2023 609-49750-425100 2418917 Resale - Pina colada mix 47.95 11/28/2023 609-49750-425400 2418917 Resale- Wine 2,646.75 11/28/2023 609-49750-425300 2418917 Freight 79.12 11/28/2023 609-49750-433300 2419556 Resale - Liquor 2,080.50 11/28/2023 609-49750-425100 2419556 Freight 55.19 11/28/2023 609-49750-433300 2419557 Freight 71.38 11/28/2023 609-49750-433300 2419557 Resale- Wine 3,083.15 11/28/2023 609-49750-425300 AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 2421833 Resale- Wine 666.00 11/28/2023 609-49750-425300 2421833 Freight 20.64 11/28/2023 609-49750-433300 2423555 Resale - Liquor 1,710.92 11/28/2023 609-49750-425100 2423555 Freight 28.38 11/28/2023 609-49750-433300 2423556 Freight 122.55 11/28/2023 609-49750-433300 2423556 Resale- Wine 5,129.17 11/28/2023 609-49750-425300 2423556 Resale - Old fashioned mix 48.00 11/28/2023 609-49750-425400 2424276 Resale - Liquor 1,306.13 11/28/2023 609-49750-425100 2424276 Freight 15.77 11/28/2023 609-49750-433300 2424277 Freight 43.00 11/28/2023 609-49750-433300 2424277 Resale - Wine 2,240.24 11/28/2023 609-49750-425300 2424278 Resale - Beer 120.00 11/28/2023 609-49750-425200 2426547 Resale - Liquor 2,116.38 11/28/2023 609-49750-425100 2426547 Freight 27.52 11/28/2023 609-49750-433300 2426548 Freight 58.48 11/28/2023 609-49750-433300 2426548 Resale- Wine 2,156.00 11/28/2023 609-49750-425300 273807 Resale - Liquor credit -0.67 11/28/2023 609-49750-425100 273808 Resale - Liquor credit -7.00 11/28/2023 609-49750-425100 273809 Resale - Liquor credit -2.66 11/28/2023 609-49750-425100 273810 Resale - Bloody mary mix credit -40.50 11/28/2023 609-49750-425400 273811 Resale - Wine credit -15.50 11/28/2023 609-49750-425300 273812 Resale - Liquor credit -17.58 11/28/2023 609-49750-425100 274388 Resale - Wine credit -14.00 11/28/2023 609-49750-425300 Check Total: 34,841.37 Vendor: 5974 JOTL PROPERTIES, LLC Check Sequence: 35 ACH Enabled: False 159 December 2023 - 213 West Broadway St 1,530.00 11/28/2023 101-45204-441200 Check Total: 1,530.00 Vendor: 5444 JULIA KAROS Check Sequence: 36 ACH Enabled: True 5167 Dec 2023 - Cleaning Fire/Law Enforcement 560.00 11/28/2023 701-00000-431100 Check Total: 560.00 Vendor: 1270 KENNEDY AND GRAVEN CHARTERED Check Sequence: 37 ACH Enabled: False MN190-00101 General EDA- Sept 2023 1,995.50 11/28/2023 213-46301-430400 MN325-00006 General EDA- Sept 2023 133.00 11/28/2023 213-46301-430400 MN325-00049 216 Pine St Acquisition - Sept 2023 948.50 11/28/2023 213-46301-430400 Check Total: 3,077.00 Vendor: 1273 KIWI KAI IMPORTS, INC. Check Sequence: 38 ACH Enabled: True AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference 218642 Resale- Wine 528.00 11/28/2023 609-49750-425300 218642 Freight 10.00 11/28/2023 609-49750-433300 219094 Freight 30.00 11/28/2023 609-49750-433300 219094 Resale- Wine 2,037.50 11/28/2023 609-49750-425300 219187 Resale- Wine 414.00 11/28/2023 609-49750-425300 219187 Freight 7.50 11/28/2023 609-49750-433300 219213 Freight 4.00 11/28/2023 609-49750-433300 219213 Resale - NA beer 88.00 11/28/2023 609-49750-425400 219937 Resale- Wine 1,930.50 11/28/2023 609-49750-425300 219937 Freight 27.00 11/28/2023 609-49750-433300 Check Total: 5,076.50 Vendor: 6777 BRIAN LARSON Check Sequence: 39 ACH Enabled: False 11/09/23 Artistic Services on Brick Mural 1,500.00 11/28/2023 101-45204-431990 Check Total: 1,500.00 Vendor: 1296 LITTLE FALLS MACHINE INC Check Sequence: 40 ACH Enabled: False 369495 Outer Assy, Buffer Inner Assy, Various Clevis 2,690.35 11/28/2023 101-43125-422100 Check Total: 2,690.35 Vendor: 1303 M AMUNDSON CIGAR & CANDY CO, LLP Check Sequence: 41 ACH Enabled: True 372057 Resale - chewing tobacco, lemons, misc barware 225.26 11/28/2023 609-49750-425400 372057 Resale - cigarettes 1,597.73 11/28/2023 609-49750-425500 Check Total: 1,822.99 Vendor: 1726 MARCO TECHNOLOGIES Check Sequence: 42 ACH Enabled: True INVII849726 8/24/23 - 10/23/23 Contract Payment 1,056.33 11/28/2023 702-00000-431900 INV 11862969 Barracuda Complete - Nov Service Ticket 110.00 11/28/2023 702-00000-431990 INV 11868502 Fixed Fee - Milestone 1 621.00 11/28/2023 702-00000-431990 Check Total: 1,787.33 Vendor: 5736 MAVERICK WINE LLC Check Sequence: 43 ACH Enabled: True INV1112862 Resale - Wine 255.96 11/28/2023 609-49750-425300 INV1112862 Resale - Liquor 610.95 11/28/2023 609-49750-425100 INVI112862 Freight 25.00 11/28/2023 609-49750-433300 Check Total: 891.91 Vendor: 5057 MICHELS POWER CORP Check Sequence: 44 ACH Enabled: False AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference M900-28514 Joint Trench Conduit FiberNet Installation - Stor 6,779.31 11/28/2023 656-00000-165010 Check Total: 6,779.31 Vendor: 5301 MILK AND HONEY LLC Check Sequence: 45 ACH Enabled: False 13012 Resale - Beer 380.00 11/28/2023 609-49750-425200 Check Total: 380.00 Vendor: 5578 MINNESOTA CONCRETE LIFTING LLC Check Sequence: 46 ACH Enabled: False 11/9/20023 Repair Community Center Step Pad on North Si( 4,200.00 11/28/2023 101-43120-440990 Check Total: 4,200.00 Vendor: 2512 MONTICELLO PLBG HTG AC LLC Check Sequence: 47 ACH Enabled: False 27526 Labor - troubleshoot no heat, gas smell Monti At 196.00 11/28/2023 101-45204-440800 Check Total: 196.00 Vendor: 1377 MONTICELLO SENIOR CENTER Check Sequence: 48 ACH Enabled: True Nov 2023 Monthly Allocation - Nov 2023 5,416.67 11/28/2023 101-45175-444310 Check Total: 5,416.67 Vendor: 5586 MOOSE LAKE BREWING CO. Check Sequence: 49 ACH Enabled: True MW45-005 Resale - Beer 180.00 11/28/2023 609-49750-425200 Check Total: 180.00 Vendor: 1390 MTI DISTRIBUTING INC Check Sequence: 50 ACH Enabled: True 1326829-00 Groundmaster 4110-D mower SN 415116893 86,463.55 11/28/2023 703-00000-165010 1411502-00 Guardian recycler 60", blade kit, plug, gaskets, n 1,370.43 11/28/2023 101-45201-422990 1411502-01 Seal kit 166.60 11/28/2023 101-45201-422990 Check Total: 88,000.58 Vendor: 1913 NEW FRANCE WINE Check Sequence: 51 ACH Enabled: False 214110 Resale- Liquor 567.00 11/28/2023 609-49750-425100 214110 Freight 6.00 11/28/2023 609-49750-433300 214111 Freight 9.00 11/28/2023 609-49750-433300 214111 Resale- Wine 392.00 11/28/2023 609-49750-425300 Check Total: 974.00 Vendor: 6312 NITRO UNDERGROUND LLC Check Sequence: 52 ACH Enabled: False AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference PL1433 Downtown FiberNet Relocation Block 52 13,255.15 11/28/2023 656-49877-440100 PL1434 Downtown FiberNet Relocation Block 52 - Walr 2,907.78 11/28/2023 656-49877-440100 PL1435 Downtown FiberNet Relocation Block 52 - Broa 930.00 11/28/2023 656-49877-440100 Check Total: 17,092.93 Vendor: 6285 NOKOMIS ENERGY LLC Check Sequence: 53 ACH Enabled: True DBX3XO-2023-10 Solar Rebate Program - Xcel September 2023 SI 5,424.08 11/28/2023 101-41310-443992 Check Total: 5,424.08 Vendor: 5406 NORTH CENTRAL BUS & EQUIPMENT, INC. Check Sequence: 54 ACH Enabled: False 801589 16' Landscaper body, mud flaps, splash guard foi 13,792.00 11/28/2023 703-00000-165010 Check Total: 13,792.00 Vendor: 6301 NOVEL SOLAR FIVE LLC Check Sequence: 55 ACH Enabled: True INV008337 Solar Rebate Program - Xcel August 2023 306.95 11/28/2023 101-41310-443992 Check Total: 306.95 Vendor: 6300 NOVEL SOLAR ONE LLC Check Sequence: 56 ACH Enabled: True INV008338 Solar Rebate Program - Xcel August 2023 7,050.35 11/28/2023 101-41310-443992 Check Total: 7,050.35 Vendor: 5426 NOVEL SOLAR TWO LLC Check Sequence: 57 ACH Enabled: True INV008336 Solar Rebate Program - Xcel August 2023 41,659.28 11/28/2023 101-41310-443992 Check Total: 41,659.28 Vendor: 5211 RANDI O'KEEFE KRIER Check Sequence: 58 ACH Enabled: True Nov 2nd Semi Monthly Contract Payment 1,622.25 11/28/2023 101-42700-431200 Check Total: 1,622.25 Vendor: 1412 OMANN BROTHERS INC Check Sequence: 59 ACH Enabled: False 17673 AC Fines Mix (2) 180.00 11/28/2023 101-43120-422400 Check Total: 180.00 Vendor: 1417 OSC OXYGEN SERVICE COMPANY Check Sequence: 60 ACH Enabled: True 0008680480 Oxygen - Compressed (249 CF) 91.34 11/28/2023 101-43127-421990 Check Total: 91.34 AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 4633 PERFORMANCE FOOD GROUP INC Check Sequence: 61 ACH Enabled: True 801411 Resale - MCC Concession food 690.24 11/28/2023 226-45125-425410 814419 Resale - MCC Concession food 998.75 11/28/2023 226-45125-425410 Check Total: 1,688.99 Vendor: 1427 PHILLIPS WINE & SPIRITS CO Check Sequence: 62 ACH Enabled: False 6685777 Freight 63.93 11/28/2023 609-49750-433300 6685777 Resale - Liquor 6,401.66 11/28/2023 609-49750-425100 6686287 Freight 18.92 11/28/2023 609-49750-433300 6686287 Resale - Liquor 1,999.18 11/28/2023 609-49750-425100 6686288 Resale - Liquor 198.50 11/28/2023 609-49750-425100 6686288 Resale - Wine 1,468.15 11/28/2023 609-49750-425300 6686288 Freight 43.00 11/28/2023 609-49750-433300 6688162 Resale- Wine 1,467.40 11/28/2023 609-49750-425300 6688162 Freight 48.16 11/28/2023 609-49750-433300 6689339 Freight 43.01 11/28/2023 609-49750-433300 6689339 Resale - Liquor 1,680.00 11/28/2023 609-49750-425100 6689340 Resale- Wine 637.65 11/28/2023 609-49750-425300 6689340 Freight 17.20 11/28/2023 609-49750-433300 6689921 Resale - Liquor 2,141.83 11/28/2023 609-49750-425100 6689921 Freight 22.35 11/28/2023 609-49750-433300 6689922 Freight 58.19 11/28/2023 609-49750-433300 6689922 Resale - Wine 2,084.63 11/28/2023 609-49750-425300 6691761 Freight 12.04 11/28/2023 609-49750-433300 6691761 Resale - Liquor 1,031.30 11/28/2023 609-49750-425100 6691762 Resale- wine 954.15 11/28/2023 609-49750-425300 6691762 Freight 29.24 11/28/2023 609-49750-433300 Check Total: 20,420.49 Vendor: 6324 PLAN IT SOFTWARE LLC Check Sequence: 63 ACH Enabled: False 1148 Annual Plan It Capital Software License Renewz 800.00 11/28/2023 702-00000-431900 Check Total: 800.00 Vendor: 5713 R.D.OFFUTT COMPANY Check Sequence: 64 ACH Enabled: False E0222714 2023 JR LDR Blanks (1/2) 1,075.00 11/28/2023 101-43120-422990 E0222714 2023 JR LDR Blanks (1/2) 1,075.00 11/28/2023 101-45201-422990 P7851514 Fender, Supports, Brackets, Flaps, Splash Guard 1,517.69 11/28/2023 101-43120-422100 Check Total: 3,667.69 Vendor: 4617 REGENTS OF UNIVERSITY OF MN Check Sequence: 65 ACH Enabled: False AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 11 Invoice No Description Amount Payment Date Acct Number Reference 0300033209 Local Area Sales Tax Study (2/1/23 - 6/2/23) 3,000.00 11/28/2023 101-41910-431990 Check Total: 3,000.00 Vendor: 4781 RUE 38 LLC Check Sequence: 66 ACH Enabled: False 17537 Resale- Wine 256.00 11/28/2023 609-49750-425300 17537 Freight 4.50 11/28/2023 609-49750-433300 Check Total: 260.50 Vendor: 4705 S2 SERVICES INC Check Sequence: 67 ACH Enabled: False 1998 Everglaze floor service to MCC & Sr Center rest 2,000.00 11/28/2023 701-00000-440100 Check Total: 2,000.00 Vendor: 3309 SOUTHERN GLAZER'S WINE AND SPIRITS, LLC Check Sequence: 68 ACH Enabled: False 2410572 Resale - Liquor 3,279.35 11/28/2023 609-49750-425100 2410572 Freight 29.06 11/28/2023 609-49750-433300 2410573 Freight 22.75 11/28/2023 609-49750-433300 2410573 Resale - Wine 1,406.56 11/28/2023 609-49750-425300 2413140 Resale - Liquor 2,775.61 11/28/2023 609-49750-425100 2413140 Freight 26.25 11/28/2023 609-49750-433300 2413141 Freight 25.20 11/28/2023 609-49750-433300 2413141 Resale- Wine 1,606.80 11/28/2023 609-49750-425300 Check Total: 9,171.58 Vendor: 6306 STONEBROOKE ENGINEERING INC Check Sequence: 69 ACH Enabled: True 01149.2 Comprehensive Safety Action Plan thru 10/31/2 5,558.28 11/28/2023 101-43115-431990 Check Total: 5,558.28 Vendor: 1518 TDS TELECOM Check Sequence: 70 ACH Enabled: True 763-295-0078 TDS - Fire 234.32 11/28/2023 702-00000-432100 763-295-2005 TDS - PW 20.18 11/28/2023 702-00000-432100 763-295-3714 TDS - Reservoir 41.06 11/28/2023 702-00000-432100 Check Total: 295.56 Vendor: 6327 TOOTIE'S SWEETS Check Sequence: 71 ACH Enabled: False 11/21/2023 Cookies 20.00 11/28/2023 101-41310-443990 Check Total: 20.00 Vendor: 4859 TRIO SUPPLY COMPANY Check Sequence: 72 ACH Enabled: False AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 12 Invoice No Description Amount Payment Date Acct Number Reference 879335 10 CS Can liners, 1 CS hand sanitizer for Parks 420.90 11/28/2023 101-45201-421990 Check Total: 420.90 Vendor: 4656 TRUE FABRICATIONS, INC. Check Sequence: 73 ACH Enabled: False 1303346 Resale - (6) flasks 59.94 11/28/2023 609-49750-425400 190493CM Resale - Old fashioned cocktail mix credit -13.47 11/28/2023 609-49750-425400 Check Total: 46.47 Vendor: 1532 TRUEMAN-WELTERS INC Check Sequence: 74 ACH Enabled: False EB25721 Weight Box for Back of Tractor - Snow Plowing 1,679.15 11/28/2023 101-43125-422100 Check Total: 1,679.15 Vendor: 1188 TWAIT WINES, INC Check Sequence: 75 ACH Enabled: False 5382 Resale - Wine 264.00 11/28/2023 609-49750-425300 Check Total: 264.00 Vendor: 3783 ULINE Check Sequence: 76 ACH Enabled: False 170312907 Tying twine, can liners, cleaning supplies, toilet 306.60 11/28/2023 609-49754-421990 Check Total: 306.60 Vendor: 6325 UNITED FAITH COMMUNITY Check Sequence: 77 ACH Enabled: False 220 Dance Group Performance - 11/4/23 200.00 11/28/2023 101-00000-220150 Check Total: 200.00 Vendor: 1544 US POSTAL SERVICE Check Sequence: 78 ACH Enabled: False 11/13/2023 PI 42 - UB Nov Biling (3886 pcs) (1/2) 1,055.05 11/28/2023 601-49440-432200 11/13/2023 PI 42 - UB Nov Biling (3886 pcs) (1/2) 1,055.05 11/28/2023 602-49490-432200 Check Total: 2,110.10 Vendor: 1552 VIKING COCA COLA BOTTLING CO Check Sequence: 79 ACH Enabled: True 3319410 Resale - Pop, Water 366.15 11/28/2023 609-49750-425400 3319472 Resale - Pop, monster, tonic 453.70 11/28/2023 609-49750-425400 Check Total: 819.85 Vendor: 1684 VINOCOPIA Check Sequence: 80 ACH Enabled: True 0340121 -IN Resale - Wine 1,008.00 11/28/2023 609-49750-425300 0340121 -IN Freight 16.00 11/28/2023 609-49750-433300 AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 13 Invoice No Description Amount Payment Date Acct Number Reference 0340250 -IN Resale - Wine 72.00 11/28/2023 609-49750-425300 0340250 -IN Freight 5.00 11/28/2023 609-49750-433300 0340779 -IN Freight 14.00 11/28/2023 609-49750-433300 0340779 -IN Resale - Ginger beer 48.00 11/28/2023 609-49750-425400 0340779 -IN Resale- Wine 492.00 11/28/2023 609-49750-425300 0340779 -IN Resale- Liquor 189.50 11/28/2023 609-49750-425100 0340795 -IN Resale- Liquor 345.75 11/28/2023 609-49750-425100 0340795 -IN Freight 2.50 11/28/2023 609-49750-433300 Check Total: 2,192.75 Vendor: 4766 SUSAN WESTLEY Check Sequence: 81 ACH Enabled: False Qtr 4 2023 Qtr 4 2023 - Monti Arts Director 11,349.00 11/28/2023 101-45204-431990 Check Total: 11,349.00 Vendor: 1572 THE WINE COMPANY Check Sequence: 82 ACH Enabled: True 11/01/2023 Resale - Wine credit (invoice pd to Wine Co in e -760.00 11/28/2023 609-49750-425300 11/01/2023 Resale - Freight credit (invoice pd to Wine Co in -10.32 11/28/2023 609-49750-433300 250912 Resale- Wine 767.00 11/28/2023 609-49750-425300 251575 Freight 15.00 11/28/2023 609-49750-433300 251575 Resale- Wine 568.00 11/28/2023 609-49750-425300 Check Total: 579.68 Vendor: 1573 WINE MERCHANTS INC Check Sequence: 83 ACH Enabled: False 7450037 Freight 15.48 11/28/2023 609-49750-433300 7450037 Resale- Wine 1,465.20 11/28/2023 609-49750-425300 7450359 Resale- Wine 816.00 11/28/2023 609-49750-425300 7450359 Freight 11.18 11/28/2023 609-49750-433300 Check Total: 2,307.86 Vendor: 1206 WINEBOW INC. Check Sequence: 84 ACH Enabled: True MN00139594 Resale - wine 350.50 11/28/2023 609-49750-425300 MN00139594 Resale - Liquor 80.64 11/28/2023 609-49750-425100 MN00139594 Freight 6.00 11/28/2023 609-49750-433300 Check Total: 437.14 Vendor: 5027 ERICA WITZMANN Check Sequence: 85 ACH Enabled: False Aug - Sept Aug - Sept 2023 Hrs (Meetings, Photography, D. 1,193.00 11/28/2023 101-45204-431990 Oct - Nov Oct - Dec 2023 Hrs (Yoga Tree, MontiArts Staffs 1,560.00 11/28/2023 101-45204-431990 Photography Let's Chalk Photography 150.00 11/28/2023 101-41310-444220 AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 14 Invoice No Description Amount Payment Date Acct Number Reference Staffing Let's Chalk Staffing 240.00 11/28/2023 101-41310-444220 Check Total: 3,143.00 Vendor: 1577 WRIGHT CO AUDITOR-TREAS - ACH Check Sequence: 86 ACH Enabled: True 200011087 Court Fines & Fees - Oct 2023 3,645.99 11/28/2023 101-42100-430410 Check Total: 3,645.99 Vendor: 1581 WRIGHT CO RECORDER Check Sequence: 87 ACH Enabled: False 20230000004 Easement T 436999 46.00 11/28/2023 101-41910-443990 Check Total: 46.00 Vendor: 1584 WSB & ASSOCIATES INC Check Sequence: 88 ACH Enabled: True R017879-000 11 23D007 - Haven Ridge 2nd Final Plat - Sept 202 569.50 11/28/2023 101-00000-220110 R019376-000 20 21C007 - The Pointes at Cedar - Sept 2023 1,548.00 11/28/2023 400-43300-453010 R019573-000 20 22C003 - School Blvd SRTS - Sept 2023 1,181.00 11/28/2023 400-43300-459024 R021114-000 6 2023 WCA Services - Sept 2023 163.75 11/28/2023 101-43115-430300 R021391-000 9 2023 Economic Development Services - Sept 20 2,341.00 11/28/2023 213-46301-431993 R022080-000 9 23C001 - BCOL Phase 2 - Sept 2023 5,360.10 11/28/2023 404-45202-453014 R022968-000 3 202322 - Briggs Companies Apartment Site - Sed 2,114.25 11/28/2023 101-00000-220110 R023682-000 1 21C007 - Dundas Road Area Surveying Services 3,517.50 11/28/2023 400-43300-453010 Check Total: 16,795.10 Vendor: 1589 ZIEGLER CAT Check Sequence: 89 ACH Enabled: False IN001240455 Fasttach Urethane 637.57 11/28/2023 101-43125-422100 Check Total: 637.57 Total for Check Run: 630,161.02 Total of Number of Checks: 89 The preceding list of bills payable was reviewed and approved for payment. Date: 11/27/23 Approved by: Mayor Lloyd Hilgart AP -Computer Check Proof List by Vendor (11/21/2023 - 1:31 PM) Page 15 City Council Agenda: 11/27/2023 2B. Consideration of approving new hires and departures for City departments Prepared by: Meeting Date: Nx Consent Agenda Item Human Resources Manager 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to approve new hires and departures for city departments. REFERENCE AND BACKGROUND The Council is asked to ratify the attached list of new hires and departures for the City. This listing includes full-time, part-time, seasonal, and temporary employees. The listing may also include status changes and promotions. Budget Impact: Positions are generally included in the budget. II. Staff Workload Impact: If new position, there may be some training involved. If terminated position, existing staff will cover hours as needed, until replacement. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of new hires and departures as identified on the attached list. SUPPORTING DATA • List of new hires and terminated employees. NEW EMPLOYEES Name Title Department Hire Date Kim Sipprell* Building Permit Tech Building 12/4/2023 McKenna Thoe Guest Service Assoc. MCC 12/16/2023 * Transistion from temporary to regular status Name Reason TERMINATING EMPLOYEES New Hire and Terms City Council 2023: 11/20/2023 Department Effective Date Class FT PT Class City Council Agenda: 11/27/2023 2C. Consideration of approving the sale or disposal of surplus City property Prepared by: Meeting Date: ® Consent Agenda Item N/A 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A N/A There is no report this City Council Cycle. City Council Agenda: 11/27/2023 2D. Consideration of adopting Resolution 2023-96 accepting donations of $1,000 from Mindful Gardens for MontiArts meditation tree and $1.500 from Libertv Bank for the Visit with Santa at Bertram Chain of Lakes Regional Park Prepared by: Meeting Date: ® Consent Agenda Item Parks & Recreation Director 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: City Clerk City Administrator Motion to adopt Resolution 2023-96 accepting donations from Mindful Gardens for MontiArts meditation tree and from Liberty Bank for Visit with Santa at Bertram Chain of Lakes Regional Park. REFERENCE AND BACKGROUND The City received a $1,000 donation from Mindful Gardens. Marilee Giron, owner, has been interested in the activities of MontiArts and the community -building efforts downtown. After witnessing MontiArts work at the DMV of creating art around the post and the development of the self -guided walking tour of public art downtown, she approached MontiArts for artwork in her business. Mindful Gardens has a similar support post in the lobby area, Ms. Giron proposed that the post be made into art. The art, a meditation tree, will be completed by MontiArts. The City also received a $1,500 donation from Liberty Bank for the Visit with Santa at Bertram Chain of Lakes Regional Park on Saturday, December 2, 2023. The donation will cover the cost of Santa and the photographer. As required by state statute, the City needs to accept the donations by resolution. Budget Impact: The donations received will be used to offset the cost for MontiArts work and for the Santa event. II. Staff Workload Impact: Minimal. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of the donations. SUPPORTING DATA • Resolution 2023-96 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2023-96 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION/PURPOSE CASH Mindful Gardens Meditation Tree $1,000 Liberty Bank Visit with Santa $1,500 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the purpose stated above. Adopted by the City Council of Monticello this 271h day of November, 2023. Lloyd Hilgart, Mayor Jennifer Schreiber, City Clerk City Council Agenda: 11/27/2023 2E. Consideration of adopting Resolution 2023-97 approving 2024 Fire Department Officers. Prepared by: Meeting Date: ® Consent Agenda Item City Clerk 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to adopt Resolution 2023-97 approving 2024 Fire Department Officers. REFERENCE AND BACKGROUND The Monticello Fire Department has six officer positions that provide leadership within the department: the Fire Chief, Assistant Fire Chief, and four Captains. Each position has a unique job description and associated stipend for the work performed. Terms for the positions are structured so two Captains and either Chief or Assistant Chief are open to candidates annually. In 2023 the Fire Department transitioned to a new process for selecting officers. It aligns with the City's process for hiring and promotions while allowing the department to maintain the integrity of the leadership selection. Firefighters interested in one of the available officer positions, Assistant Chief or Captain, applied using the NeoGov application system. Then the rest of the department had an opportunity to provide anonymous peer reviews and finalists who met the minimum qualifications were interviewed by a hiring committee comprised of the Fire Chief and four trustees. The candidates recommended for appointment are noted in the attached resolution. The newly appointed officers assume their roles starting January 1 Budget Impact: This is a budgeted item for 2024. II. Staff Workload Impact: Fire Department leadership, the City Administrator and the Human Resources Manager collaborated on the updated process. With it in place, there should be minimal future workload impact. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION Staff recommends approving Resolution 2023-97 to appoint Fire Department Officers for 2024. SUPPORTING DATA • Resolution 2023-97 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2023-97 RESOLUTION DESIGNATING THE 2024 ELECTED OFFICERS OF THE MONTICELLO FIRE DEPARTMENT WHEREAS, each given year the City Council will approve the designation of Monticello Fire Department officers. BE IT RESOLVED by the City Council of Monticello, Minnesota, that the following elected officials are hereby appointed to serve as: Mike Mossey, Fire Chief Dustin Craig, Assistant Fire Chief Scott Gearey, Captain 1 Josh Samelson, Captain 2 Kurt Liefert, Captain 3 Dennis Joerg, Captain 4 ADOPTED BYthe Monticello City Council this 271h day of November, 2023. ATTEST: Jennifer Schreiber, City Clerk CITY OF MONTICELLO Lloyd Hilgart, Mayor City Council Agenda: 11/27/2023 2F. Consideration of approving updated City of Monticello Personnel Policies and Procedures Prepared by: Meeting Date: ® Consent Agenda Item Human Resources Manager 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: Finance Director City Administrator ACTION REQUESTED Motion to approve updated City of Monticello Personnel Policies and Procedures. REFERENCE AND BACKGROUND The Personnel Policies and Procedures are updated periodically to reflect new or amended legal requirements along with policy changes and administrative updates. Smaller, more incremental updates are made as legal requirement change, but the last major review and update was completed in 2022. The most notable recommended changes include: • Earned Sick and Safe Time (ESST) All part-time, seasonal, and temporary staff as well as paid on-call firefighters who work 80 hours or more per calendar year will begin accruing ESST starting January 1, 2024. Eligible staff will earn 1 hour of ESST for every 30 hours worked. This new policy follows the statutory requirements approved by the State of Minnesota during the 2023 legislative session. Employees covered by the current PTO policy will not be eligible for the ESST accrual since the existing policy is more generous and less restrictive. • Compensation and Time Reporting The Compensatory Time section was updated to require use or payout of compensatory time in the year it is earned. This change relates to IRS section 1.451-1 (a) and is effective January 1, 2024. • Vacation and Sick Leave Staff propose to eliminate the vacation and sick program and transition the 1 remaining employee onto the PTO program effective January 1, 2024. o In 2016 the City transitioned employees from vacation and sick time to a paid time off (PTO) program. As part of the transition, employees with 25+ years of City Council Agenda: 11/27/2023 service were given the option to remain on the existing vacation/sick plan or transition to the PTO program. o Rather than updating our old sick time policy to meet the requirements under the new ESST law, staff recommends phasing out the program. Based on the PTO policy and the employee's current years of service, there is no loss of time to the employee. 2024 Vacation/Sick vs. PTO Hours Vacation and Sick (Accrued throughout the year) 176 hrs. vacation + 96 hrs. sick 272 hours PTO (Available on January 1) 272 hours o On January 1 the employee's accrued vacation would be converted to PTO and 50% of their accrued sick time would be paid into the MN Healthcare Savings Plan, which can be accessed after retirement. The remaining sick time would go into an emergency medical bank (EMB) which can be accessed for any FMLA qualifying reason. This is consistent with how employees were transitioned from vacation/sick to PTO in 2016. Additional Administrative Updates • Equal Employment Opportunity Policy Statement- Added legally required language related to the CROWN Act. • Drug -Free and Alcohol -Free Workplace- Updated and added new language prohibiting use and distribution and noted employee assistance available. • Definitions- Updated the definition of Temporary Employee to include the availability of health insurance coverage to meet requirements under the Affordable Care Act. • Family and Medical Leave- Added language related to PTO usage while on an FMLA designated leave. Similar language is already in the Regular Leave Without Pay section. • Reasonable Work Time for Nursing Mothers- Updated to match current legal requirements. • Bone Marrow/Organ Donation Leave- Updated to match current legal requirements. • Elections/Voting- Updated to match current legal requirements. • DOT Drug and Alcohol Policy- Updated to match current pre -hire background check requirements. City Council Agenda: 11/27/2023 Budget Impact: While these changes may have an impact on the budget, each employee's circumstances for ESST, compensatory time reporting, and vacation/sick/PTO leave are unique, and an exact budget impact is not calculable. However, staff estimates the impact to be immaterial. II. Staff Workload Impact: The Human Resources Manager is responsible for updating associated departmental handbooks, communicating updates, and collecting acceptance signatures from all employees. The Payroll Clerk will assist the Human Resources Manager in updating applicable employee records to reflect changes in policy. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION Staff recommend approval of the updated City of Monticello Personnel Policies and Procedures. The recommended policies and procedures are consistent with model policies and legally required updates recommended by the League of MN Cities. SUPPORTING DATA • Proposed Personnel Policies and Procedures CITY OF MONTICELLO Personnel Policies and Procedures Adopted 11-27-2023 CIOF 2Montikel0 Contents 1.0 Purpose and Scope............................................................................................................................5 2.0 Equal Employment Opportunity Policy Statement...........................................................................6 3.0 Confidentiality/Data Practices.......................................................................................................... 6 4.0 Media Requests..............................................................................................................................11 5.0 Social Networking Policy.................................................................................................................12 6.0 Personnel Committee.....................................................................................................................13 7.0 Citywide Work Rules & Code of Conduct........................................................................................14 Codeof Ethics.........................................................................................................................................14 Conductas a City Employee....................................................................................................................14 OrganizationalValues.............................................................................................................................15 EmployeeResponsibilities......................................................................................................................15 Appearance.............................................................................................................................................15 Falsificationof Records...........................................................................................................................16 Attendanceand Absence........................................................................................................................16 Access to and Use of City Property.........................................................................................................17 Conflictof Interest..................................................................................................................................17 Acceptanceof Gifts.................................................................................................................................17 PoliticalActivity.......................................................................................................................................18 Smoking...................................................................................................................................................18 Drug -Free and Alcohol -Free Workplace.................................................................................................18 OutsideEmployment..............................................................................................................................19 8.0 Definitions.......................................................................................................................................19 9.0 Employee Recruitment and Selection.............................................................................................21 Features of the Recruitment System...................................................................................................... 21 Testingand Examinations.......................................................................................................................22 SelectionProcess.................................................................................................................................... 22 BackgroundChecks.................................................................................................................................22 Employment of Family Members............................................................................................................22 1 ProbationaryPeriods..............................................................................................................................23 EmployeeOn-Boarding...........................................................................................................................23 Promotions.............................................................................................................................................. 23 Change from Part -Time to Full -Time Status............................................................................................24 Rehires....................................................................................................................................................24 10.0 Compensation and Time Reporting................................................................................................24 PaySchedules..........................................................................................................................................24 Non -Exempt Employees..........................................................................................................................24 ExemptEmployees..................................................................................................................................24 TimeReporting........................................................................................................................................26 DirectDeposit......................................................................................................................................... 26 OvertimeHours.......................................................................................................................................26 CompensatoryTime................................................................................................................................27 Wage Disclosure Protection Law............................................................................................................ 28 11.0 Hours of Work.................................................................................................................................28 WorkSchedules......................................................................................................................................28 Meal Breaks and Rest Periods (Non -Exempt Employees).......................................................................29 Reasonable Work Time for Nursing Mothers.........................................................................................29 EmergencyClosings................................................................................................................................29 Adverse Weather Conditions..................................................................................................................29 Alternative Work Arrangements.............................................................................................................30 12.0 Performance Meetings and Reviews..............................................................................................31 13.0 Organization....................................................................................................................................32 JobDescriptions......................................................................................................................................32 Classification of Job Duties..................................................................................................................... 33 Reclassification........................................................................................................................................ 33 Reductionsto Workforce........................................................................................................................33 Layoffs..................................................................................................................................................... 34 14.0 Employee Benefits..........................................................................................................................34 Health, Dental, Life and Disability Insurance..........................................................................................34 Retirement- PERA...................................................................................................................................35 TuitionReimbursement..........................................................................................................................35 Employee Discounts (Community Center and More).............................................................................36 2 Holidays................................................................................................................................................... 36 PaidTime Off (PTO).................................................................................................................................37 PTODonation..........................................................................................................................................39 Earned Sick and Safe Time (Effective 1/1/24).........................................................................................40 15.0 Leaves of Absences.........................................................................................................................44 BereavementLeave................................................................................................................................44 Familyand Medical Leave.......................................................................................................................44 Pregnancyand Parenting Leave..............................................................................................................51 MilitaryLeave..........................................................................................................................................51 Military Leave for Family Members........................................................................................................52 Military Leave for Family Member Injured or Killed in Active Service....................................................52 CivilAir Patrol..........................................................................................................................................52 JuryDuty.................................................................................................................................................53 CourtAppearances.................................................................................................................................53 Victimor Witness Leave..........................................................................................................................53 Job Related Injury or Illness....................................................................................................................53 School Conference Leave........................................................................................................................54 Bone Marrow/Organ Donation Leave.....................................................................................................54 AdoptiveParents.....................................................................................................................................54 AthleticLeave of Absence....................................................................................................................... 54 Elections/Voting...................................................................................................................................... 55 Leave for Service in an Elective Office.................................................................................................... 55 Delegates to Party Conventions.............................................................................................................. 55 RegularLeave Without Pay.....................................................................................................................56 AdministrativeLeave..............................................................................................................................57 Light Duty/Modified Duty Assignments.................................................................................................. 57 Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy...............57 Impact of Leaves of Absence on Benefits...............................................................................................58 16.0 Discipline.........................................................................................................................................58 17.0 Grievance Procedure.......................................................................................................................61 18.0 Respectful Workplace Policy...........................................................................................................62 19.0 Public Purpose Expenditure Policy..................................................................................................68 20.0 Employee Education and Training..................................................................................................71 3 GeneralGuidelines..................................................................................................................................71 National and Regional Training...............................................................................................................72 Training Sessions Within Minnesota.......................................................................................................72 Payment or Reimbursement for Training...............................................................................................72 Membershipsand Dues..........................................................................................................................73 21.0 Travel Policy....................................................................................................................................73 Payment of Travel Expenses................................................................................................................... 73 MilageReimbursement...........................................................................................................................73 Outof State Travel.................................................................................................................................. 74 Meals....................................................................................................................................................... 74 Lodging.................................................................................................................................................... 75 MiscellaneousExpenses.........................................................................................................................75 Non -Reimbursable Expenses..................................................................................................................75 Reimbursement Process.........................................................................................................................76 22.0 Internet/Email Policy......................................................................................................................76 23.0 City Driving Policy............................................................................................................................78 PhoneUsage While Driving.....................................................................................................................78 DrivingRecords.......................................................................................................................................78 Loss of License or Restricted License......................................................................................................78 Useof Municipal Vehicles.......................................................................................................................80 24.0 Policy Prohibiting Employee Possession of Firearms......................................................................81 25.0 City Cell Phone Stipend...................................................................................................................82 26.0 Resignations....................................................................................................................................83 Notice Required to be in Good Standing................................................................................................83 Advance Resignation Notice Program....................................................................................................83 Employee Retirement Recognition.........................................................................................................85 27.0 Severance Pay.................................................................................................................................85 28.0 Safety.............................................................................................................................................. 85 SafetyEquipment/Gear..........................................................................................................................85 Reporting Accidents and Illnesses..........................................................................................................86 UnsafeBehavior......................................................................................................................................86 Access to Gender -Segregated Activities and Areas................................................................................86 29.0 Security Cameras............................................................................................................................87 11 30.0 DOT Drug and Alcohol Policy..........................................................................................................88 APPENDIX1................................................................................................................................................110 APPENDIXII...............................................................................................................................................114 1.0 Purpose and Scope This handbook sets forth general information and policies of the City. Its purpose is to establish administrative guidelines and general rules of conduct. These policies apply to all employees including union personnel except where otherwise noted, or where a collective bargaining agreement is controlling of the city. Except where specifically noted, these policies do not apply to: 1. Elected officials. 2. Members of city boards, commissions, and committees 3. Consultants and contractors 4. Volunteers It is the purpose of these policies to establish a uniform and equitable system of personnel administration for employees of the City of Monticello. The provisions do not establish terms and shall not be construed as contractual provisions. They are not intended to be all-inclusive, or to cover every situation that may arise. If employees have any questions relating to the contents of this manual, they should be directed to their supervisor or the Human Resource Manager. These policies may be amended at any time at the sole discretion of the City, and they will supersede all previous personnel policies. Revisions and amendments shall become effective upon approval by the City Administrator and/or City Council. Significant changes will normally be brought before the City Council for concurrence as soon as practical. If any part of this manual conflicts with federal, state, or local laws, such laws shall prevail. Collective bargaining agreement provisions shall be taken into consideration in the administration of these policies. These policies serve as an information guide to help employees become better informed and to make their experience with the city more rewarding. Departments may have special work rules deemed necessary by the supervisor and approved by the City Administrator for the achievement of objectives of that department. Each employee will be given a copy of such work rules by the department upon hiring and such rules will be further explained and discussed with the employee by the immediate supervisor. 5 2.0 Equal Employment Opportunity Policy Statement The City of Monticello is committed to providing equal opportunity in all areas of employment, including but not limited to recruitment, hiring, demotion, promotion, transfer, selection, lay- off, disciplinary action, termination, compensation, and selection for training. The City of Monticello will not discriminate against any employee or job applicant on the basis of race (including traits associated with race, including but not limited to, hair texture and hair styles such as braids, locs and twists), color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regards to public assistance, veteran status, familial status, or membership on a local human rights commission or lawful participation in the MN Medical Cannabis Patient Registry. It is the responsibility of management to ensure implementation of this policy. Any employee who fails to perform in a manner consistent with the policy will be disciplined. The City Administrator and Human Resource Manager are responsible for overseeing the administration of this policy. 3.0 Confidentiality/Data Practices Employee Data Practices Advisory During employment, the City of Monticello will require employees to provide data that is classified by State law as either private or confidential. Private data is information that generally cannot be given to the public but can be given to the subject of the data. Confidential data is information that generally cannot be given to the public or the subject of the data. The city requests this information for various reasons pertaining to employment with the city. The information provided may be used to process pay and benefits, evaluate performance, determine pay increases, evaluate suitability for an employee's position or other positions, and determine whether disciplinary action will be imposed and other personnel actions which involve review of the employee's current and past performance. Employees who provide false, incomplete, or misleading information may be subject to discipline, up to and including termination of employment. Other persons or entities, as authorized by law, may receive the requested information. Depending on the data requested, these persons or entities may be: 1. Employees and/or officials of the city who have a need to know the information in the course of their duties and responsibilities. 2. The person who is the subject of private data about him or herself. 3. Persons who have permission from the subject of the data. 4. Insurance companies providing group benefits or worker's compensation administrative services for the city. RI 5. A public pension program. 6. The Minnesota Department of Economic Security in a claim for or appeal for re- employment benefits. 7. Individuals who have obtained a court order for the information. 8. Participants in any litigation, mediation, veteran's preference hearing, grievance arbitration, or other administrative proceeding which results from actions taken. If litigation arises, the information may be provided in documents filed with the court, which are available to any member of the public. If it is reasonably necessary to discuss this information at a City Council meeting, it will be available to members of the public. To the extent that some or all the information is part of the basis for a final decision on disciplinary action, that information will, over time, become available to any member of the public. Any requests for references about current and former employees should be referred to human resources or their designee for response. Types of Data Public Data Data about a person that must be shown to the person if he/she wishes, and which are available to other people. Private Data Data about a person that must be shown to the person upon request but are not available to others without his/her permission or as otherwise specifically authorized by law. Personnel Data Data on individuals collected because the individual is or was an employee, an applicant for employment, performs service on a voluntary basis, acts as an independent contractor with the city or is a member of an advisory board, committee, or commission. Summary data Data about a person used to develop statistics or reports are considered public information, if they do not identify the person in any way. Public Personnel Data Except for certain employees (i.e., undercover law enforcement personnel) the following personnel data is public: 1. Name. 2. Gross salary. 3. Salary range. 7 4. Gross pension. 5. Contract fee. 6. Benefits. 7. Expense reimbursements. 8. Job title. 9. Job description. 10. Education and training background. 11. Previous work experience. 12. Dates of employment (first and last). 13. Status of complaints -disciplinary action. 14. Work location. 15. Work telephone number. 16. Badge number. 17. City and county of residence. Personnel Data on Applicants for Employment The following personnel data are considered public data: 1. Veteran status. 2. Test scores. 3. Rank and eligibility. 4. Job history. 5. Education and training. 6. Work availability. 7. Name when certified as eligible for an appointment to a vacancy and considered as one of the "finalists." Private Personnel Data The following personnel data and information are considered private data on individuals and are not accessible to the public, but this data is accessible to the subject employee, the employee's authorized representative, the immediate supervisor and department head, and other city staff persons or officials who have a legitimate need to view/know such data as determined by the city administrator or his/her designee. 1. Social security number. 2. Age and gender. 3. Marital and family status. 4. Employee home address and telephone number. 5. Criminal record. 6. Race and ethnic data. 7. Insurance status. 8. References. N 9. College transcripts. 10. Reference check data. 11. Medical records. 12. Psychological evaluations. 13. Worker's compensation reports. 14. Physical limitations related to the job. 15. Sick leave forms — doctor's reports. 16. Data collected from disciplinary proceedings prior to a hearing. 17. Opinion questionnaire response by potential employee. 18. Names of applicants for employment until certified as finalists for appointment to a vacancy. 19. Employee assistance programs and exit interview responses. No employee may disclose the home address, telephone number, or personal information about another employee to any third party without prior consent of the affected employee, as per section on "Informed Consent." Employment selection instruments and/or answer keys to such instruments are protected non- public data, except pursuant to a valid court order. Access to Data Public Data Access shall be provided to any person, without regard to the nature of the person's interest. Access must be provided by the Human Resources Manager or other persons authorized by the City Administrator. Access must be provided within a reasonable time. Interpretation shall be provided if requested. A fee may be charged reflecting mailing and duplicating costs and other costs as allowed under the Minnesota Data Practices Act. Private Data Access is available to the following only: 1. The subject of the data. 2. Individuals whose work assignments with the city reasonably require access. 3. Entities and agencies determined by the City Administrator to be authorized by statute or Federal Law to gain access to that specific data. 4. Entities or individuals given access by the express written direction of the subject. The City Administrator is designated as the "responsible authority" under the Data Practices Act and shall assure that access is provided only to the parties listed above. Data Compliance Officers include the City Clerk and the Human Resource Manager. The identity and authority of an individual who seeks to gain access to private data must be confirmed. The time that access is available is limited to the normal working hours of the City Hall offices. No fees shall be E charged in the instances where the data subject only wishes to view private data. Fees may be charged for providing copies. General Contents of Personnel Files The following information shall routinely be included in an employee's personnel file: Data collected for administrative purposes such as job applications, resumes, change of address requests, training or education records, veteran's certification, etc. (Documents containing medical information are retained in a separate medical file). 2. Documentation of personnel actions or activities such as salary changes, job classifications, performance reviews, termination notices, disciplinary actions. 3. Official written correspondence to or from an employee. 4. Documentation of employment status and benefit status. Employees will not be specifically notified each time such data are routinely entered into their file, except that employee shall be made aware of data entered into their file that relates to discipline or may have adverse impact on them. Employees may make a written request to view and receive copies of information in their file as per Section on "Access to Data." Personnel files will be maintained by the Human Resource Department. Any documents added or removed from the files must be approved by the Human Resource Manager. Informed Consent Private data on individuals may be used by and given to any individual or persons by the City Administrator or their designee if the individual subject or subjects of the data have given their informed consent. All informed consents: Shall be in writing and state in plain language. 2. Shall be signed and dated. 3. Shall specifically designated the particular persons or agencies the data subject has authorized to disclose information about him or her. 4. Shall specifically state the nature of the information he/she has authorized to be disclosed. 5. Shall specifically state the persons or entities that he/she has authorized to receive the disclosed information. 6. Shall specifically list an expiration date not to exceed one year except in the case of authorization for application for life insurance or non -cancelable or guaranteed renewable health insurance (which shall be two years). 10 7. Shall specifically state the purpose for which the information may be used by the parties' names above. If the Human Resources Manager or their designee makes reasonable efforts to obtain the informed consent of a data subject and if those efforts are not acknowledged in any way, the Human Resources Manager or their designee shall interpret the silence of the data subject as the giving of implied consent to the new or different purpose or use of the data. "Reasonable efforts" are defined as: 1. Depositing in the U.S. Mail, postage pre -paid, and directed to the last known address of the data subject, at least two (2) communications requesting informed consent. 2. Waiting for a period of not less than sixty (60) days for a response to the second request. 4.0 Media Requests All City employees have a responsibility to help communicate accurate and timely information to the public in a professional manner. Requests for private data or information outside of the scope of an individual's job duties should be routed to the appropriate department or to the data practices authority. Any employee who identifies a mistake in reporting should bring the error to the City Administrator or other appropriate staff. Regardless of whether the communication is in the employee's official city role or in a personal capacity, employees must comply with all laws related to trademark, copyright, software use, etc. Except for routine events and basic information readily available to the public, all requests for interviews or information from the media are to be routed through the City Administrator. No city employee is authorized to speak on behalf of the city without prior authorization from the city administrator or his/her designee. Media requests include anything intended to be published or viewable to others in some form such as television, radio, newspapers, newsletters, social media postings, and websites. When responding to media requests, employees should follow these steps: If the request is for routine or public information (such as a meeting time or agenda), provide the information and notify the City Administrator of the request. 2. If the request is regarding information about city personnel, potential litigation, controversial issues, an opinion on a city matter, or if an employee is unsure if the request is a "routine" question, forward the request to the City Administrator. An appropriate response would be, "I'm sorry, I don't have the full information regarding that issue. Let me take some basic information and submit your request to the 11 appropriate person, who will get back to you as soon as he/she can." Then ask the media representative's name, questions, deadline, and contact information. All news releases concerning city personnel will be the responsibility of the City Administrator. When/if the City Administrator authorizes a staff person to communicate on behalf of the city in interviews, publications, news releases, on social media sites, and related communications, employees must: 1. Identify themselves as representing the city. Account names on social media sites must be clearly connected to the city and approved by the City Administrator. 2. Be respectful, professional, and truthful when providing information. In most cases, only factual information (not opinions or editorial comments) should be provided: "The city finished street cleaning on 16 streets in the northwest corner of the city this past week" instead of "The city is doing a great job with street cleaning this year!" Corrections must be issued when needed. 3. Generally, not include personal opinions in official city statements. One exception is communications related to promoting a city service. For example, an employee could post the following on the city's Facebook page: "My family visited Hill Park this weekend and really enjoyed the new band shelter." Employees who have been approved to use social media sites on behalf of the city should seek assistance from the city administrator on this topic. 4. Notify the City Administrator if they will be using their personal technology (cell phones, home computer, cameras, etc.) for city business. Employees should be aware that data transmitted or stored may be subject to the Minnesota Government Data Practices Act. 5.0 Social Networking Policy General The City of Monticello strives to provide the public accurate and timely information, communicated in a professional manner, and in accordance with the laws regarding public information and data practices. This policy is intended to describe appropriate uses of City maintained social media sites and also provide guidelines for employees who maintain personal sites or blogs. City Maintained Sites See Appendix I for guidelines and rules applying to City maintained sites. 12 Personal Communications and Use of Social It is important for employees to remember that the personal communications of employees may reflect on the city, especially if employees are commenting on city business. The following guidelines apply to personal usage of social media such as Facebook, Twitter, blogs, YouTube, etc. 1. Remember that what you write is public and will be so for along time. It may also be spread to large audiences. It is a good idea to refrain from sending or posting information that you would not want your boss or other employees to read. 2. The City of Monticello expects its employees to be truthful, courteous, and respectful towards supervisors, co-workers, citizens, customers, and other persons associated with the city. Do not engage in name-calling or personal attacks. 3. If you publish something related to city business, identify yourself and use a disclaimer such as, "I am an employee of the City of Monticello. However, these are my own opinions and do not represent those of the City of Monticello." 4. City resources, working time or official city positions cannot be used for personal profit or business interests, or to participate in personal political activity. 5. Personal social media account names or email names should not be tied to the city. 6. Distribution of confidential City information is prohibited. Employees are cautioned that they should have no expectation of privacy while using the Internet. Your postings can be reviewed by anyone, including the city. The city reserves the right to monitor comments or discussions involving city business or staff. The city requests and strongly urges employees to report any violations or possible or perceived violations to supervisors or human resources. The city will investigate and respond to all reports of violations of the social networking policy and other related policies. Violation of the city's social networking policy will result in disciplinary action up to and including termination. Nothing in this policy is intended to interfere with an employee's rights under Section 7 of the National Labor Relations Act. 6.0 Personnel Committee The City of Monticello's Personnel Committee is composed of the Mayor, one (1) council member, the City Administrator, Finance Director, and Human Resources Manager. The Committee meets on a regular basis to review issues and recommend policies and courses of action related to various topics concerning City of Monticello employees. The committee works within guidelines approved by the City Council. 13 7.0 Citywide Work Rules & Code of Conduct Code of Ethics The City of Monticello conducts its business fairly, impartially, in an ethical and proper manner, and in compliance with all laws and regulations. The City of Monticello is committed to conducting its business with integrity underlying all relationships, including those with citizens, customers, suppliers, and among employees. The highest standards of ethical business conduct are required of City employees in the performance of their responsibilities. Employees will not engage in conduct or activity that may raise questions as to the City's honesty, impartiality or reputation or otherwise cause embarrassment to the City. Employees will avoid any action, whether specifically prohibited in the personnel policies, which might result in or be expected to create an appearance of: • Using public office or public position for private gain. • Giving preferential treatment to any person or entity. • Losing impartiality. • Adversely affecting the confidence of the public in the integrity of the City. 2. Every employee has the responsibility to ask questions, seek guidance, report suspected violations and express concerns regarding compliance with this policy. Retaliation against employees who use these reporting mechanisms to raise genuine concerns will not be tolerated. 3. The City Administrator and Human Resources Manager are jointly responsible for providing policy guidance and issuing procedures to assist employees in complying with City expectations of ethical business conduct and uncompromising values. This policy constitutes the standard of ethical business conduct required of all employees. Managers are responsible for supporting their implementation and monitoring compliance. Conduct as a City Employee All staff members are representatives of the City of Monticello and as such, are expected to conduct themselves in a professional manner. All employees, regardless of position are role models for the people we serve. Therefore, each employee must be able to demonstrate appropriate daily behavior, appropriate expression of emotions as well as appropriate role modeling. Hostility, aggression and unnecessary or inappropriate physical actions and/or emotional expressions are not acceptable. All employees are expected to treat others with respect and dignity and avoid inappropriate behavior which includes, but is not limited to, acting in a manner that negatively impacts the workplace morale, service, or productivity. Overall, employees should exhibit conduct that is ethical, professional, responsive, and representative of the values of the organization. 14 Oreanizational Values Leadership: We are all leaders. Leadership is not a position, it's a work ethic. We lead by example, seeking ways to improve the organization through teamwork, collaboration, and communication. Stewardship: We are entrusted with public resources for the betterment of the entire city. We strive to balance minimal cost and high value to maximize public benefit from our actions and decision. Responsiveness: We believe in providing timely, courteous, and respectful service to the public and each other. We live this every day by listening, responding, and going the extra mile. Integrity: We are open and honest. We conduct ourselves in a transparent, ethical, and legal manner to earn the trust of employees and the public. We act in the best interest of the city. We build credibility by accepting feedback, owning our actions, and providing reliable follow through. Community: We strive to strengthen, promote, and assist the community we serve. We create a sense of connection and belonging for all people. We seek to understand the diverse needs of our community. We encourage community engagement and opportunities to connect our residents, businesses, and visitors. Employee Responsibilities In accepting City employment, employees shall: Always perform their assigned duties to the best of their ability and continually strive to improve their performance. 2. Render prompt and courteous service to the public always. 3. Read, understand, and comply with the rules and regulations as set forth in these Personnel Policies as well as those of their department. 4. Conduct themselves professionally toward both residents and staff and respond to inquiries and information requests with patience and every courtesy. 5. Report any and all unsafe conditions to their immediate supervisor. 6. Maintain good attendance as it is an essential requirement of every city position. Appearance Departments may establish dress codes for employees as part of departmental rules. Overall, personal appearance should be appropriate to the nature of the work and contacts with other people and should instill confidence and present a positive image to the public. Clothing, 15 jewelry, or other items that could present a safety hazard are not acceptable in the workplace. In some departments, certain positions may require City uniforms. Employees may dress in accordance with their gender identity, within the constraints of the dress codes adopted by the city. City staff shall not enforce the city's dress code more strictly against transgender and gender diverse employees than other employees. City Issued Clothing and Uniforms City issued clothing and uniforms containing the city logo should only be worn while representing the City of Monticello and should not be worn outside of the workday. All uniforms remain the property of the City of Monticello during your employment and are expected to be returned in a reasonable state upon termination of your employment. Falsification of Records Any employee who makes false statements or commits, or attempts to commit, fraud to prevent the impartial application of these policies, will be subject to immediate disciplinary action up to and including termination and potential criminal prosecution. Attendance and Absence The operations and standards of service in the City of Monticello require that employees be at work unless valid reasons warrant absence, or an employee has a position that has been approved to work remotely. In order that teams to function efficiently and effectively, employees must understand the goals that have been set for them and the time required to be on the job. Therefore, attendance at work is an essential requirement of every city position. Absence Procedure. Employees who are absent from work are required to notify their supervisor as soon as possible in advance of their absence. In event of an unexpected absence, employees should call their supervisor before the scheduled starting time and keep in mind the following procedures: 1. If the supervisor is not available at the time, the employee should leave a message with their direct supervisor, or his/her designee, including a telephone number where he/she can be reached or contact any other individual as may be designated by the supervisor. Departments may establish more specific reporting procedures. 2. Failure to use the established reporting process will be grounds for disciplinary action. 3. The employee must call the supervisor on each day of an absence extending beyond one (1) day unless specific arrangements otherwise have been made with the supervisor. 4. Employees who are absent for three (3) days or more and who do not report their absence in accordance with the policy above, will be considered to have voluntarily resigned not in good standing. 16 5. Supervisors may request documentation to substantiate the reason for absence, regardless of duration, when an employee has a history of questionable or excessive absences. This policy does not preclude the city for administering discipline for unexcused absences of less than three (3) days. Access to and Use of City Property 1. Any employee who has authorized possession of keys, tools, pagers, or other equipment must register their name and the serial number (if applicable) or other identifying information about the equipment with their supervisor. 2. All assigned city property must be turned in and accounted for by any employee who terminates employment with the city. 3. Every employee shall be responsible for the safekeeping and care of all such equipment. All expenses incurred by the loss of such equipment shall be borne by the employee unless such loss was unpreventable. 4. The duplication of keys owned by the city is prohibited unless authorized by the city administrator or their designee. Any employee found to have an unauthorized duplicate key will be subject to disciplinary action. 5. Employees shall not use or access another employee's office, computer, desk, email, voicemail, or in- or out -boxes without authorization. Department heads and supervisors are presumed to have authorization for their own staff. The City Administrator has authorization for all staff and can authorize individuals for a specific business-related purpose. 6. City property shall be disposed of in a manner compliant with Minn. Stat. §15.054. No property should be given to or salvaged by employees. Property disposed of in city trash receptacles is considered city property until hauled away. Conflict of Interest City employees are to remove themselves from situations in which they would have to take action or make a decision where that action or decision would be perceived or actual conflict of interest or could result in a personal benefit for themselves, or a family member. If an employee has any question about whether such a conflict exists, he/she should consult with the City Administrator. Acceptance of Gifts City employees are prohibited from directly or indirectly receiving or agreeing to receive any payment of expense, compensation, gift, reward, gratuity, favor, service or promise of future employment or other future benefit from any source with the following exceptions as permitted by law: 17 Lawful campaign contributions. 2. Services to assist an employee in the performance of official duties. 3. Services of insignificant monetary value. 4. A plaque or similar memento. 5. A trinket or memento costing $5 or less. 6. Informational material of unexceptional value. 7. Food or a beverage given at a reception, meal or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program. Political Activity Although City employees have the right to express their views and to pursue legitimate involvement in the political system, no employee of the City shall directly or indirectly, during hours of employment, solicit or receive funds for political purposes. Further, any political activity in the workplace must be pre -approved by the City Administrator to avoid any conflict of interest or perception of bias such as using authority or political influence to compel another employee to apply for or become a member in a political organization. Smoking The City of Monticello observes and supports the Minnesota Clean Indoor Air Act. All city buildings and vehicles, in their entirety, shall be designated as tobacco free, meaning that smoking in any form (through the use of tobacco products such as pipes, cigars, and cigarettes) or "vaping" with e -cigarettes is prohibited while in a city facility or vehicle. Smoking of any kind, including pipes, cigars, cigarettes, vaping with e -cigarettes, and the use of chewing tobacco, is prohibited for employees while on duty. Employees 18 and over are allowed to smoke only during their breaks and lunch, and only in areas designated for that purpose. Drug -Free and Alcohol -Free Workplace It is the policy of the City of Monticello to maintain a drug and alcohol -free work environment that is safe and productive for employees and in response has adopted the following policy on drugs and alcohol in the workplace: 1. Employees are expected and required to report to work on time and in appropriate mental and physical condition. It is the City's intent and obligation to provide a drug-free and alcohol -free, safe, and secure work environment. 2. The unlawful manufacture, distribution, possession, or use of drugs on City property or while conducting City business is absolutely prohibited. Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences. 18 3. The City recognizes drug and alcohol abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use the City's Employee Assistance Program (EAP) or their health insurance plans, as appropriate. Outside Employment It is in the best interest of the City and the citizens of Monticello, and within reasonable expectation of the City as an employer, that due to the nature of their positions within the City of Monticello any employee holding one of the positions listed below shall not perform the same or substantially similar duties for another local unit of government on either a full-time or ongoing part-time basis, either directly as an employee or independent contractor or indirectly through a corporation or other entity. Positions covered by this section include: City Administrator, Community Development Director, Economic Development Director, Public Works Director, Chief Building Official, City Engineer, and Finance Director. 8.0 Definitions For purposes of these policies, the following definitions will apply: Benefit Earning Employees - Status where employees are eligible for at least a prorated portion of employer provided benefits. Such employees must be year-round employees who work at least 30 or more hours per week on a regular basis. City - City of Monticello. Demotion - Movement of an employee from one job class to another where the maximum salary for the new position is lower than that of the former position. This action may be voluntary or involuntary. Department Head- Employee who is responsible for a department and budget within the city. Department Director- Employee who oversees multiple departments within the city. Exempt Employee - Employees not covered by the overtime provisions of the federal or state Fair Labor Standards Act. FICA (Federal Insurance Contributions Act)- FICA is the federal requirement that a certain amount be automatically withheld from employees' earnings. Specifically, FICA requires an employee contribution of 6.2 percent for Social Security and 1.45 percent for Medicare. The city contributes a matching 7.65 percent on behalf of each employee. These amounts may change if required by law. Non -Exempt Employee — Employees who are covered by the federal or state Fair Labor Standards Act. Such employees are normally eligible for overtime at 1.5 times their regular hourly wage for all hours worked over forty (40) in any given workweek. 19 Part -Time (Casual) Employee - An employee who works in an ongoing non -benefit earning position of fourteen (14) hours or less per week. Employees in this category may work more than fourteen (14) hours per week on occasion but must not meet the definition of a public employee by State law (Chapter 179). Part-time (casual) employees accrue no seniority and earn no employment rights or benefits. PERA (Public Employees Retirement Association)- Statewide pension program in which all city employees meeting program requirements must participate in accordance with Minnesota law. The city and the employee each contribute to the employee's retirement account. Probationary Period - A specified period at the beginning of employment in a regular ongoing position (or the beginning period of a promotion, reassignment, or transfer) that is designated as a training or trial period. The probationary period is considered the last part of the selection process. Promotion - Movement of an employee from one job class to another within the city, where the maximum salary for the new position is higher than that of the former position. Probationary Employee - An employee who is serving a probationary period, either the original probationary period immediately after hire or a promotional, reassignment, or transfer probation. Reclassify - Movement of an employee from one classification to another classification because of a significant change in the position's duties. Regular Full -Time Employee — An employee who has successfully completed the probationary period after hire or promotion as indicated by a satisfactory performance review. Regular full- time employees are regularly scheduled to work 40 hours per week. Regular Part -Time Benefit Earning Employee- An employee who regularly works thirty (30) or more hours per week but less than forty (40) hours year-round in an ongoing position. Employees in this category receive partial or prorated benefits. Regular Part -Time Employee - An employee who has successfully completed all stages of the selection process including the training or probationary period and who works in ongoing positions at more than 14 hours per week but less than 30 hours per week. Regular part-time employees are not eligible for benefits. Seasonal Employee - An employee (full-time or part-time) who works during only part of the year (less than 185 consecutive calendar days) to assist with seasonal work. Seasonal employees accrue no seniority and earn no employment rights or benefits. Individuals may be rehired in subsequent seasons but in no case should work beyond six consecutive months. Service Credit- Time worked for the city. An employee begins earning service credit on the first day worked for the city. Some forms of leave will create a break in service credit. 20 Temporary Employee —Temporary employees might have a defined start and end date or may be for the duration of a specific project. Temporary employees may be assigned to work a part- time or full-time schedule. Temporary positions are normally less than six months in duration and accrue no seniority and earn no employment rights. Temporary positions are exempt from benefits (PERA, paid time off, life and disability coverage etc.) except for health insurance which may be offered depending on duration of assignment and hours scheduled per week. 9.0 Employee Recruitment and Selection Scope The Human Resource Manager will manage the hiring process for all positions within the city. All applications for full-time and part-time employment shall be submitted via online application to the Human Resource Department for consideration. While the hiring process is coordinated by staff, the City Council is responsible for the final hiring decision and must approve all hires to city employment. All hires will be made according to the merit and fitness related to the position being filled. Features of the Recruitment System The City Administrator and Human Resources Manager will determine if a vacancy will be filled through open recruitment or by promotion, transfer, or some other method. This determination will be made on a case-by-case basis. The majority of position vacancies will be filled through an open recruitment process. Below is a general outline regarding how the recruitment process will work. The City has the authority to deviate from the guidelines below on a case-by-case basis. Vacancy Announcements: Notification of open positions shall normally be published by posting announcements on official City bulletin boards and publicly via the city website and other appropriate places as defined by the City. Postings and other recruitment materials will normally specify the job title, salary or hiring range, the nature of the work to be performed, the minimum and essential requirements of the position, the time and place to apply, the closing date for receiving application and other pertinent information. Vacancy Coverage: Position vacancies may be filled on an "acting" basis as needed prior to filling a position through the normal process. The City Administrator will approve all acting appointments for regular positions. If a current employee is appointed to an acting position and is later hired to fill the regular appointment, with no break in service in the new position, the effective date of the regular appointment will be the date on which the acting appointment was made. Pay for Interim Positions: Pay rates for interim appointments will typically be at step one (1) of the grade for the position in which they are filling. If the interim appointee's pay rate is already above step one (1) for the interim position, they will receive a minimum of a 3.5% increase in 21 pay for the duration of their interim appointment. If the employee appointed to an acting position is not hired to fill the regular appointment, that employee's pay rate will be adjusted to their pre -appointment pay upon stepping down from the appointment. Application Materials: All candidates must complete required the application materials by the application deadline to be considered for the position. The application deadline may be extended by the Human Resources Manager after consultation with the hiring manager. Testing and Examinations Application qualifications will be evaluated in one or more of the following ways: a training and experience rating, written test, interview, performance or demonstrative test, physical agility test, or another appropriate job-related exam. The City may identify preferred or desirable job- related qualifications for any vacancy and, if so, these will be given appropriate weight in the selection process. Employment references will be considered, and a background investigation will be required. For internal hires, qualifications and past performance will be considered in determining suitability for the vacant position. Selection Process The selection process will be a cooperative effort between the Human Resource Manager and the hiring supervisor, subject to final hiring approval of the City Administrator and the City Council. The Human Resources Manager will normally participate in final interviews for all regular full-time vacancies. The selection process for regular part-time, seasonal, temporary, and casual part-time employees may be delegated to the appropriate supervisor with each hire subject to final City Council approval. The City has the right to make the final hiring decision based on qualifications, abilities, experience, and the needs of the city. Background Checks All finalists for employment with the city will be subject to a background check to confirm information submitted as part of application materials and assist in determining the candidate's suitability for the position. The level of background check will be based on the position being filled. Employment of Family Members Relatives of employees may be hired only if they will not be working directly or indirectly for a relative or supervising a relative. Current employees who are relatives cannot be transferred into such a reporting relationship. In any other cases where a conflict or the potential for conflict arises, even if there is no supervisory relationship involved, the City Administrator will 22 decide regarding assignment. Employment of a family member refers to the immediate family of an employee, which for purposes of this policy includes: Spouse Parent (including in-laws) Grandparents Aunts and Uncles Probationary Periods Children (including stepchildren) Sibling (including step and in-law) Significant Others All newly hired regular full-time and regular part-time employees will serve a minimum of a six (6) month probationary period in the position. Exempt level hires will normally be required to serve a twelve (12) month probationary period. This period will be considered a training period. The training period is an integral part of the selection process, and will be used for observing the employee's work, training the employee in work expectations, assessing the employee's abilities, skills, and interest and for rejecting any employee whose performance does not meet the required work standards or is otherwise not a good fit for the position. Employees may be dismissed at any time during the initial probationary period. An employee so dismissed will not have the right to appeal. Employees hired in casual, temporary or seasonal positions may be dismissed at any time. Probationary periods may be extended beyond six (6) months upon approval of the City Administrator. Employee On -Boarding The Human Resources Manager or their designee will meet with new employees to ensure proper new hire paperwork is completed and City policies and procedures are explained. Supervisors will meet with their new employees to review policies and procedures specific to their department and will establish goals and expectations for their probationary period. Supervisors will schedule periodic check-in meetings throughout the probationary period to ensure goals and expectations are being met. Promotions All city employees are eligible to apply for internal openings regardless of the time in their current position. A promoted employee will normally be subject to a new probationary period. If it is determined that the employee has not successfully completed their probationary period, the following options exist: the probationary period can be extended, the employee may be eligible to return to their previous position or another position if available and qualified, or employment may be terminated. Promotional based increases will be determined on a case-by-case basis taking into consideration the employee's current level of pay, level of experience, and the current job market. 23 Change from Part -Time to Full -Time Status Employees who move from part-time non -benefit earning status to part-time or full-time benefit earning status will not normally receive benefit service credit for hours worked while at part-time non -benefit status. Employees who move from part-time benefit earning status to full-time benefit status will receive benefit service credit for hours worked while at part-time benefit status. Rehires Employees who leave the city employment and return will not normally receive seniority for PTO. All rehired employees regardless of rehire date will be subject to waiting periods for their insurance benefits as defined by current contracts. 10.0 Compensation and Time Reporting Pay Schedules Pay schedules are established and approved by the City Council. Pay for all positions is determined by employee classification and approved by City Council. When a pay schedule is adjusted by the City Council, affected employees' wages shall be adjusted based on the new schedule. Pay schedules for regular full-time and regular part-time positions are based on a grade and step system under the guidelines of the pay equity system. Pay schedules for all other positions are determined based on the current job market and the pay rates of similar jobs in the area. Non -Exempt Employees To comply with the provisions of the Federal and State Fair Labor Standards Acts, hours worked and leave time used by all non-exempt employees are recorded daily and reported on a bi- weekly basis. Time reporting will be on a manual or computerized basis. Each supervisor is responsible for verifying their employee's hours and submitting the hours to payroll. Exempt Employees Exempt employees shall complete a time reporting form, on a biweekly basis, indicating all exceptions to the normal workweek (i.e., use of PTO, holidays, and other authorized leaves). Exempt employees may also be required to record hours worked each day as permitted under the Fair Labor Standards Act, so long as time is not paid based on the hours recorded and is only used for accounting/billing or public accountability purposes. Exempt employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed, and they receive their full weekly salary for any week in which any work is performed. 24 The City of Monticello will only make deductions from the weekly salary of an exempt employee in the following situations: The employee is in a position that does not earn vacation or personal leave and is absent for a day or more for personal reasons other than sickness or accident. 2. To offset compensation received for military pay. If an employee works part of the week in military service, the city still must pay the entire week's salary to the employee, but the city could offset the amount of the military pay for the week against the employee's salary. 3. The employee is in a position that earns sick leave, receives a short-term disability benefit or workers' compensation wage loss benefits, and is absent for a full day due to sickness or disability, but he/she is either not yet qualified to use the paid leave or he/she has exhausted all of his/her paid leave. 4. The employee is absent for a full workweek, and, for whatever reason, the absence is not charged to paid leave (for example, a situation where the employee has exhausted all of his/her paid leave or a situation where the employee does not earn paid leave). 5. The very first workweek or the very last workweek of employment with the city in which the employee does not work a full week. In this case, the city will prorate the employee's salary based on the time actually worked. 6. The employee is in a position that earns paid leave and is absent for a partial day due to personal reasons, illness, or injury, but: • Paid leave has not been requested or has been denied. • Paid leave is exhausted. • The employee has specifically requested unpaid leave. 7. The employee is suspended without pay for a full day or more for disciplinary reasons for violations of any written policy that is applied to all employees. 8. The employee takes unpaid leave under the FMLA. 9. The city may, for budgetary reasons, implement a voluntary or involuntary unpaid leave program and, under this program, make deductions from the weekly salary of an exempt employee. In this case, the employee will be treated as non-exempt for any workweek in which the budget -related deductions are made. If the City inadvertently makes an improper deduction to the weekly salary of an exempt employee, the city will reimburse the employee and make appropriate changes to comply in the future. If an employee thinks that a wage deduction was made in error, please contact the Human Resources or Finance Department promptly. 25 Time Reporting When reporting time all hours should be rounded to the nearest % hour. Each time reporting form includes the signature of the employee and immediate supervisor attesting to its accuracy. Hours Requirement and Time Reporting (Exempt Employees) All exempt employees shall establish and adhere to a regular work schedule. Non- routine departures from the regular work schedule are allowable with supervisor's approval. 2. All exempt positions within the city require employees to work a minimum 80 hours per pay period. Many exempt positions within the city incur incidental hours outside of the normal scheduled workday. These hours are to be expected as part of the job requirements and are not directly compensated for in addition to base salary. 3. Exempt employees are required to use a minimum of four (4) hours of PTO when taking a full day off on any regularly scheduled workday regardless of hours worked in the pay period. Note: All timesheets must reflect a minimum of 80 hours therefore, employees may be required to use more than four (4) hours of PTO depending on hours worked in the pay period. Direct Deposit As provided for in Minnesota law, all employees are required to participate in direct deposit. Employees are normally paid every two (2) weeks via direct deposit. When a payday falls on a holiday, deposits are normally issued the day before the holiday. Paystubs and yearend tax statements are distributed via the Employee Self Service (ESS) portal. Employees will automatically be enrolled in ESS distribution but may opt out at any time by contacting the Payroll/Finance Department. Copies of paystubs will normally not be given to anyone other than the person for whom they were prepared, unless the person has a note signed by the employee authorizing the city to give them the stub. Paystubs will be given to the spouse, or other appropriate immediate family member, in the case of a deceased employee. Employees are responsible for notifying the Human Resources Department of any change in status including changes in address, phone number, names of beneficiaries, marital status, student status, etc. Overtime Hours The City recognizes some employees may be required to work extra hours in emergency situations, during peak workload periods and to provide oversight on work being completed by private contractors as outlined per contract agreements. The city requires employees to work 26 when it is necessary. The scheduling and payment of compensatory time or overtime will be in accordance with the applicable Fair Labor Standards Act and the following: Work units of one-quarter (%) hour or more per week, above 40 hours, worked by non- exempt employees will be counted as overtime and paid at 1.5 times the employee's normal base pay rate. Some employees may be eligible to use and accrue compensatory time. All accrued and unused compensatory time will be paid to the employee upon termination. 2. All employees, in all departments, are required to work overtime as requested by their supervisors. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. 3. If overtime is necessary, the immediate supervisor (or department head) must give specific approval prior to its being worked. Pre -authorization may be presumed by employees in emergency situations such as excess snowfall, flood, natural disasters, lift station malfunctions, terroristic threats, or other similar situations where the immediate of staff is required to avert endangerment of life, home or property. 4. Holidays will count as time worked for purposes of computing overtime for non-exempt employees who are not covered by a labor agreement. 5. PTO, vacation, sick, bereavement and comp time will not count as time worked for purposes of computing overtime for non-exempt employees who are not covered by a labor agreement. 6. Non-exempt temporary and seasonal employees will be paid overtime for work more than 40 hours per week and will not receive or accrue compensatory time. 7. The workweek begins on Saturday at 12:01 a.m. and ends on the following Friday at midnight. Compensatory Time Non-exempt employees may be allowed to receive compensatory time in lieu of overtime pay. Compensatory time earned and used must be approved by employee's immediate supervisor. When an employee opts to receive compensatory time in lieu of over -time pay one hour of comp time is adjusted to reflect 1 % hours in their compensatory time balance. At no time should an employee's compensatory time balance reflect more than forty (40) hours. If an employee has forty (40) hours of compensatory time banked, they will not be allowed to earn any additional compensatory time and shall receive overtime pay thereafter for all overtime hours worked. Effective January 1, 2024, to avoid impacts of constructive receipt on income as defined by the Internal Revenue Service in section 1.451-1(a), compensatory time earned must be used in the tax year it was earned or it will be paid out with the last paycheck in December each year. 27 All earned compensatory time will be paid out to the employee upon termination or promotion to an exempt position. In the case of a promotion, the compensatory time will be paid out at the employee's pre -promotion rate of pay. Emergency Call Backs Emergency call back is defined as being called back to work during off-duty hours. Non-exempt employees called back in this situation shall be compensated at the overtime rate to the extent this time required them to work more than for forty (40) hours per seven (7) day workweek. Employees shall be paid a minimum of two (2) hours' pay for each call back. Wage Disclosure Protection Law Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person the amount of their own wages. Therefore, in accordance with the Minn. Stat. §181.172 the City may not: 1. Require nondisclosure by an employee of his or her wages as a condition of employment. 2. Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages. 3. Take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. 4. Retaliate against an employee for asserting right or remedies Minnesota Statute §181.172, subd. 3. The city cannot retaliate against an employee for disclosing his/her own wages. An employee's remedies under the Wage Disclosure Protection Law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry. 11.0 Hours of Work Work Schedules The employer is the sole authority for establishing and modifying work schedules. Emergency situations may change the work schedule of an employee with little if any notice. Nothing contained in this provision shall be construed as a guarantee of a specified number of hours or shifts. Employees should be made aware of their work schedules by a method suitable for the various city departments. Where reasonably practical, employees shall be notified of changes in their regular work schedules at least one week in advance of the time when the schedule is to take effect. Each employee has an obligation to work overtime or call backs, if requested, unless unusual circumstances prevent him/her from working. 28 Meal Breaks and Rest Periods (Non -Exempt Employees) City employees, when working under conditions where the use of a break is practical, will normally be granted a single 15 -minute paid rest period approximately midway through each four (4) hours worked, at a time specified by the immediate supervisor. A 20 -minute paid rest period will normally be allowed for six (6) hour shifts. Supervisors may require employees to stay on-site for city paid breaks. Breaks are measured from the time work is stopped until it is resumed. Break time may not normally be saved, added to other breaks, or accumulated, nor may it be used for any purpose other than a mid -shift rest period. Exceptions may be approved by the immediate supervisor, subject to department head approval. Each employee working an eight (8) hour shift or longer is entitled to one meal break, for which there is no compensation, approximately midway through the shift. The length of this meal break is measured from the time work is stopped until it is resumed. The length, timing and scheduling of meal breaks shall be determined by the supervisor or department head to ensure continuity of services. Reasonable Work Time for Nursing Mothers Nursing mothers and lactating employees will be provided reasonable paid break times to express milk. The break time times must, if possible, run concurrently with any break time times already provided. The city will provide a clean, private, and secure room (other than a bathroom) as close as possible to the employee's work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express milk in private. An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employe for asserting nursing rights or remedies. Emergency Closings In the event of an emergency or disaster, certain city operations may be closed. Closing departments and/or facilities shall be at the discretion of the city administrator. Employees shall not be compensated for the hours lost due to an emergency closure, except that an employee may elect to utilize PTO, ESST, or accrued compensatory time, if available, for the time lost. Adverse Weather Conditions City facilities will be open during adverse weather. Due to individual circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early). Public works maintenance employees would generally be required to report to work regardless of conditions unless otherwise notified by their supervisor. 29 The City Administrator will decide whether conditions indicate a general excused absence for those unable to report to work due to the adverse weather. Employees unable to work from home may take PTO, ESST or compensatory time to cover lost wages. Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by the respective department head or the City Administrator. Alternative Work Arrangements The City of Monticello is committed to providing its employees with Alternative Work Arrangements (AWAs) where such arrangements can be designed to benefit both the City and the employee while maintaining or improving City operations and service delivery. These work arrangements are intended to provide employees with increased flexibility with their work schedule while allowing the City of Monticello to maintain a progressive and productive work environment. AWAs may be offered to employees when management determines it can be effectively utilized. AWAs are not appropriate for all employees or positions and are not a universal employee benefit. The nature of the employee's work and responsibilities must be conducive to the requested AWA without causing additional cost, significant disruption to performance and/or service delivery, or significant burden to other staff. These arrangements may benefit the City by: • Attracting and retaining employees • Increasing employee commitment, engagement, and morale • Reducing absenteeism • Increasing productivity through fewer interruptions and distractions • Supporting continuity of operations • Maximizing workspace • Potentially reducing facilities costs These arrangements may provide benefits to employees including: • Enhancing quality of life • Improving morale • Increasing productivity • Saving time and money spent commuting These arrangements may also provide benefits to the community and environment including: • Potentially expanding hours of operation and service delivery • Reducing work trips that may contribute to accidents • Reducing gas used, greenhouse gas emissions and wear and tear on the streets and highways • Promoting energy conservation 30 The following types of AWAs are covered by this policy: 1. Compressed Workweek 2. Flextime 3. Telework Definitions Compressed Workweek: A 40 -hour workweek is completed in less than five (5) full workdays, or an 80 -hour work schedule is completed over a two-week period in less than ten (10) workdays. Examples of compressed workweeks include but are not limited to: 1. Working four 10 -hour days 2. Working 9 -hours for four days, and 4 -hours for 1 day 3. Working 9 -hours for 8 days and 8 -hours for 1 day with 1 day working 0 -hours (Note: this type of arrangement is not an option for non-exempt employees who are eligible for overtime payment) Flextime: A 40 -hour workweek is completed (for full-time employees) but there is flexibility in establishing daily start and end times. Days of the workweek may have varying start and end times, but the pattern should occur predictably over each workweek. Examples of flextime arrangements include but are not limited to: 1. Flexible Work Hours: Employees work 8 -hour days with start/end times varying from the standard City location schedule. Manager identifies core hours for the department/City. 2. Flexible Work Schedule: Employees do not work a standard 8 -hour day. Workdays vary from day to day but remain consistent over a standard pay period. Example shown below: Monday Tuesday Wednesday Thursday Friday 9 hours 9 hours 8 hours 7 hours 7 hours Telework: A formalized work arrangement that allows an employee to perform work on a regular, recurring basis at a telework location that is not the employee's permanent work location. Note: Employees will not be approved for more than one of the above AWAs. Procedures See APPENDIX III. 12.0 Performance Meetings and Reviews The City Administrator and Human Resources Manager shall establish an objective performance review system to regularly evaluate the performance of city employees. The quality of performance rendered by the employee in the past will receive due consideration in such 31 personnel decisions as promotions, transfers, demotions, terminations and, where applicable, salary adjustments. During the training period, informal performance meetings should occur frequently between the supervisor and the employee. Conducting these informal performance meetings provides both the supervisor and the employee with the opportunity to discuss what is expected, what is going well and areas where additional training or improvement is needed. Performance reviews should be conducted at 6 months for newly appointed employees and at least annually thereafter. These evaluations shall be in writing and discussed with the employee. Supervisors shall use this opportunity to clarify goals and expectations, identify strengths and developmental areas and communicate how an employee's performance meets, exceeds, or does not meet their expectations for the position. This is also an opportunity to discuss the employee's development and establish goals for the next review period. While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable using the city's grievance process, other performance evaluation data, including subjective assessments, are not. For those parts of the performance evaluation system deemed not challengeable, an employee may submit a written response which will be attached to the performance review. The City Administrator has authority to evaluate and have input on all performance reviews. The City Administrator may seek input from others as appropriate. The review form, with all required signatures, shall be retained as part of the employee's personnel file in the Human Resource Department. The employee's signature on the form indicates solely that the supervisor has discussed the review with him or her and does not constitute agreement. Failure to sign the document by the employee will not delay processing. 13.0 Organization Job Descriptions The Human Resources Department will maintain records of job titles and compensation by position and/or job class, job descriptions for each regular job class and other appropriate information. New positions can be developed as needed but shall be approved by the City Administrator and Council in the budget process, or as needed, prior to filling the position. The Human Resource Manager prepares job descriptions for all City positions, in cooperation with the department head or supervisor. Each description includes the position title, supervisor's title, FLSA status (exempt or non-exempt), general statement of position duties, essential functions of the position, working environment, physical requirements, and minimum qualifications for the position. Good attendance and compliance with work rules and policies are essential requirements of all city positions. 32 Prior to posting vacant positions, Human Resources and the hiring supervisors will closely examine the existing descriptions and qualifications for each position to ensure the job description is an accurate reflection of the position and the stated qualifications do not present artificial barriers to employment. A current job description is provided to each new employee. Supervisors are responsible for ensuring the job descriptions accurately reflect the duties and responsibilities of the position. All job description revisions are subject to approval by the City Administrator or Human Resources Manager. Classification of Job Duties The classification of job duties for pay equity purposes will be the responsibility of the Human Resource Manager, subject to review by the City Administrator. Assignment of job titles, establishment of minimum qualifications, and the maintenance of regular job descriptions and related records shall also be the responsibility of the Human Resource Manager, with assistance from department heads/supervisors as needed. Reclassification Positions frequently change over time and some change in jobs is normal and expected. Occasionally, an employee's job will change so significantly that it no longer fits the employee's job classification. In these situations, the department head may request the Human Resources Manager to perform a classification study. The study may result in several different findings: reclassifying the position to another existing classification, merging classes, creating a new classification, restructuring the job, or a determination that no change is needed. Pay levels due to reclassifications will be determined on a case-by-case basis. The City Administrator must approve all classification changes after considering input from the affected department head and Human Resource Manager. Reductions to Workforce In the event it becomes necessary to reduce personnel, temporary employees and those serving a probationary period in affected job classes will be separated before regular employees in those job classes. Within these groups, the selection of employees to be retained shall be based on merit and ability as determined by the department director, subject to review by the City Administrator and approval by the City Council. Reduction of a management level position shall be at the discretion of the City Administrator, subject to the approval of the City Council. 33 Layoffs Layoff shall mean a reduction in the work force due to lack of work, job elimination, lack of funds or for other causes not related to disciplinary action. Within a given job class, seasonal, temporary, probationary, intermittent, and casual part-time employees shall be laid off first. Regular employees shall be laid off last based on the needs of the city, with regular non -benefit - earning part-time employees, laid off first, regular benefit -earning part-time employees next and full-time employees last. In layoff of regular employees, weight shall be given to the employee's ability to fill the needs of the city for that area. Layoff lists will be maintained for 6 months. Recall from layoff will be based on merit. Severance Package To ease the transition from the unexpected loss of income, the City will provide all full-time and part-time benefit -earning employees who have been with the City at least one (1) year, one (1) week of pay for every full year of service with the city up to a maximum of twelve (12) weeks. For example, if the employee worked in an eligible position for 10.5 years, the employee would be paid 10 weeks of severance. The lump sum payment will occur in tandem with the employee's final check for hours worked. All IRS and PERA rules will apply to the lump sum payment. Medical, dental, and other city benefits will terminate on the last day of the month the employee works. Employees will have the opportunity to elect benefits continuation via COBRA coverage. 14.0 Employee Benefits This section is not expected to give a detailed explanation of all employee benefits but rather to provide general information. A benefit package is available on a participatory basis for both the employee and his/her dependents through group policies. Health, Dental, Life and Disability Insurance Regular full-time and benefit -earning part-time employees shall be eligible to apply for employee and dependent insurance benefits provided by the city. Benefits contributions for benefit -earning part-time employees will be 50% of the amount of the city's contribution for full-time employees. The City Council shall approve annually the City contribution amount it will provide for single and family coverage of health and dental insurance elected by full-time employees. The City Council shall also approve the city contribution for life and disability insurance coverage. 34 Employees terminating from the City of Monticello shall have the option to receive continued insurance coverage according to COBRA regulations. COBRA information will be provided to the employee by the city upon termination. Retirement- PERA The city participates in the Public Employees Retirement Association (PERA) to provide pension benefits for its eligible employees to help plan for a successful and secure retirement. Participation in PERA is mandatory for most employees, and contributions into PERA begin immediately. The city and the employee contribute to PERA each pay period as determined by state law. Most employees are also required to contribute a portion of each paycheck for Social Security and Medicare (the city matches the employee's Social Security and Medicare withholding for many employees). For information about PERA eligibility and contribution requirements, contact the Human Resources Department. Tuition Reimbursement Full-time and part-time benefited employees are eligible for tuition reimbursement for courses taken for credit at an approved post -high school educational institution subject to the following criteria: Courses must be directly related to the employee's present position (whether required for a degree program or not). 2. Courses must be directly related to a reasonable promotional opportunity in the same field of work as present position (whether part of a degree program or not). 3. Courses must be approved in advance of the first day of class by the department head and City Administrator in accordance with established procedures and the cost must be included in the approved city budget. The employee education request should cover any adjustment in the work schedule that may be necessary. 4. Any costs other than tuition and course materials will not be reimbursed by the city. 5. Employees are required to take courses outside of their work schedule whenever possible. All work schedule adjustments must be approved by the supervisor. The City will pay 50% of the cost of tuition and course materials upon successful completion (C grade), 75% reimbursement upon completion with a "B" or "A" grade. Courses taken "pass/fail" will be reimbursed at the same percentage as a C grade (if passed). All reimbursements will be prorated for benefit -earning part-time employees. The maximum reimbursement will be $1500 per year per employee, subject to budget limitations. Employees must reimburse the city if they voluntarily leave employment within twelve (12) months of reimbursement. 35 Employee Discounts (Community Center and More) Employees, elected officials, and select board and commission members are eligible to receive discounts at a wide variety of businesses throughout the area including discounted single and family memberships to the Monticello Community Center via the Minnesota Employee Resource+ Service Company (MERSC) discount program. More information is available on MERSC's website MERSC.com. Holidays Paid holidays for City employees include: New Year's Day Juneteenth Thanksgiving Day Martin Luther King Jr. Day July 4t" Friday after Thanksgiving President's Day Labor Day Christmas Eve Memorial Day Veterans Day Christmas Day All eligible full-time employees will receive 12 holidays per year for each full year worked. Full- time employees eligible for holiday pay shall receive full pay for eight (8) hours straight time for each of the holidays listed. To be eligible for full holiday pay, the employee must be a regular or probationary full-time employee and must work the full shift on the last scheduled workday before and after the holiday or be on a pre -approved paid absence for those days. Regular part-time benefit -earning employees who are regularly scheduled to work thirty (30) or more hours per week, or who have averaged thirty (30) or more hours per week for at least six months, shall receive four (4) hours of straight time pay for each of the holidays listed. When a holiday falls on a Sunday, the following Monday shall be the "observed" holiday and when a holiday falls on a Saturday, the preceding Friday shall be the "observed" holiday for City operations/facilities that are closed on holidays. This provision does not apply to employees whose regular schedule requires them to work Saturdays and/or Sundays where the facility in which they work is open that day. Holiday Pay and Usage Non-exempt, full-time and benefit -eligible part-time employees required to work on a holiday will be paid for the hours worked, plus will receive either an additional eight (8) hours of holiday pay or a compensatory day off during that pay period as determined by the supervisor and employee. If the total hours with the eight (8) hours of holiday pay require a non-exempt employee to work more than forty (40) hours that week, they will be eligible for overtime for all hours over forty (40). Exempt employees required to work on a holiday are allowed to take another compensatory day off within the same pay period. If special circumstances make it impossible for the 36 employee to take their holiday within the same pay period, the City Administrator can approve use at a later date. All official holidays shall be considered to commence at the beginning of the first shift of the day on which the holiday is observed and continue for twenty-four (24) hours thereafter. Holiday balances and unused holiday time is not paid out at the time of termination. Paid Time Off (PTO) Paid time off (PTO) provides all full-time and part-time benefited employees with paid time away from work that can be used for any purpose. PTO must be scheduled in advance and have supervisory approval, except in the case of illness or emergency. PTO does not replace pay for City observed holidays, bereavement leave, jury duty, court leave, or military leave. Transition to PTO (hired prior to 12/31/2015) Vacation balances as of 12/31/15 will be converted to PTO hours on an hour for hour basis on January 1, 2016. Example: Vacation balance as 12/31/15 + Annual PTO = PTO balance as of 1/1/2016 Sick balances as of 12/31/15 will be paid out at 50% into the MN State Healthcare Savings Plan (HCSP). Remaining sick time hours after payment will be transferred to an Extended Medical Bank (EMB). Extended Medical Benefit (EMB) Any remaining sick hours after payment into the HCSP will be placed in an EMB which provides income protection insurance for employees in case of a serious illness. EMB hours may be used after the first forty (40) consecutive work hours of an absence for a Family Medical Leave Act (FMLA) qualifying leave. This benefit is meant as insurance. There is no additional accrual to this bank, and it is not paid out upon termination. Types of PTO Leave 1. Planned PTO is requested and approved prior to the date the employee is taking off. 2. Unplanned PTOis time off reported on the date the employee will not be reporting to work. When leave is unplanned, the employee must notify their supervisor within one hour of the employee's scheduled workday, or if the employee is already at work, the employee must notify their supervisor prior to leaving work. Unplanned leave may be denied if it would result in the department not being able to meet minimum staffing levels unless the absence qualifies as ESST usage.. If an employee's use of unplanned leave indicates a pattern suggesting abuse that interferes with the minimum staffing levels or the ability of the department to conduct 37 business appropriately, the supervisor shall notify the employee. If such abuse continues the employee may be subject to denial of unplanned leave or disciplinary action. Medical Certification Good attendance is an essential job function for all city employees, if unplanned absences are excessive, a doctor's certification may be required. The physician's certification should state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of his/her position. A statement attesting to the employee's ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. Annual PTO Schedule 232 Hours/29 days Non -Exempt (Hourly): 240 Hours/30 days Less than 6 years 128 Hours/16 days 6 thru 10 years 168 Hours/21 days 11-24 years 224 Hours/28 days 25 years 232 Hours/29 days 26 years 240 Hours/30 days 27 years 248 Hours/31 days 28 years 256 Hours/32 days 29 years 264 Hours/33 days 30 years 272 Hours/34 days Exempt (Salaried): Less than 8 years 168 Hours/21 days 8 -24 years 224 Hours/28 days 25 years 232 Hours/29 days 26 years 240 Hours/30 days 27 years 248 Hours/31 days 28 years 256 Hours/32days 29 years 264 Hours/33 days 30 years 272 Hours/34 days The hours listed above are 50% for part-time benefited employees (30-35 hours per week). PTO hours will be placed in the employee's bank on January 1 of each year based on time with the city as of January 1 of each year. Example: An hourly employee who celebrates their 10 -year anniversary on June 6 will receive 168 hours the following January 1 plus an additional 28 hours (56 hrs./12 mo.*6 mo.) of prorated PTO for a total of 196 hours. Mid -year hires and terminations will be pro -rated accordingly. The month of hire does not count towards pro -rated credit in the first year of employment. For mid -year terminations, if an employee has used more than their pro -rated amount for the year, the overpayment of PTO will be deducted from their final paycheck. Probationary Employees Probationary employees are not able to use more than forty (40) hours of time off during their first six (6) months of employment. Annual Usage Requirement 38 Employees must use at least 50% of their annual accrual each year. Annual Contribution to the MN State Healthcare Savings Plan (HCSP) PTO balances over 320 hours as of the first payroll in December will be paid into the HCSP (maximum of 48 hours) based on the employee's current hourly rate of pay. The HCSP deposit does not count towards an employee's 50% usage requirement. Employees who use bereavement leave during the year will not be allowed to roll hours into the HCSP. Carry -Over Employees may carry over up to 320 hours of PTO each year into the next year. Any hours over 320 will be forfeited at year-end, unless due to a qualifying (unusual or non-recurring) circumstance the City Administrator approves an extension or cash payment to avoid a loss of PTO time. All qualifying circumstances must be reported to the Personnel Committee on an annual basis. PTO Donation Employees may transfer their earned PTO hours from one employee to another under the following conditions: Such transfers can be made only after the showing of unique or special circumstance and only upon the approval of the City Administrator. Before such transfer will be approved, the proposed recipient of the transfer must be eligible for PTO and have used all his/her PTO. 2. Donated time must be used within the year donated and is not eligible for rollover into a new year. 3. PTO transfer shall be limited to forty (40) hours per donor. Such transfer shall be made on a dollar -for -dollar basis. The worth of the leave shall be adjusted to the pay level of the donor. Therefore, if the salary of the donor is greater than the recipient, one day of leave from the donor shall result in more than one (1) full day to the recipient. Conversely, if the salary of the donor is less than the recipient, the one -day of leave from the donor shall result in less than one full day. 4. Requests for such transfer of PTO must be submitted in writing, to the Human Resources Manager or designee, who shall handle all communications between recipient and donor. When a donor volunteers such transfer, he/she must first execute a release document for such transfer that will be kept on file in the Human Resource Department. 5. When a transfer has been finalized in accordance with the rules and approved by the Human Resources Manager and City Administrator, the Finance Department shall take necessary accounting action to reflect such transfer. 39 Earned Sick and Safe Time (Effective 1/1/24) Eligibility Earned Sick and Safe Time (ESST) is paid time off provided to employees (including part-time, paid on call, temporary and seasonal employees) performing at least 80 hours of work in a calendar year for the City. Employees only need to qualify for this benefit once (meaning work at least 80 hours), typically at the time of hire. For example, if a part-time employee who worked 100 hours in one year (and thus qualified for ESST since they worked at least 80 hours in the calendar year), but in a subsequent year worked only 70 hours, the employee would continue to earn ESST in the second year at the rate of one hour for every 30 hours worked. Accrual of Earned Sick and Safe Time Full -Time and Part -Time Benefited Employees The current PTO policy is less restrictive and more generous than the State's ESST policy; therefore, employees on the PTO plan are not eligible for additional time under the City's ESST policy. Part -Time, Seasonal and Temporary Employees Part-time, seasonal, and temporary employees will accrue one (1) hour of ESST for every 30 hours worked, up to a maximum of 48 hours per year. Paid On Call Firefighters Paid on-call firefighters will accrue one (1) hour of ESST for every 30 hours worked, up to a maximum of 48 hours per year. • Officers will be required to track and submit hours worked each payroll for duties performed under the stipend arrangement to ensure proper accrual of ESST. Paid Board and Commission Members Beginning January 1, 2024, meeting hours will be monitored for Board and Commission members who are paid based on meeting attendance and any member who meets the ESST eligibility requirements will accrue 1 hour of ESST for every 30 hours worked, up to a maximum of 48 hours per year. City Council Members Elected Officials are not considered employees under the ESST law and, therefore, will not accrue ESST. Earned Sick and Safe Time Use After 80 hours worked the leave may be used as it is accrued in increments of 15 minutes for the following circumstances: 40 • An employee's own: o Mental or physical illness, injury or other health condition o Need for medical diagnosis, care or treatment, of a mental or physical illness o injury or health condition o Need for preventative care o Closure of the employee's place of business due to weather or other public emergency o The employee's inability to work or telework because the employee is prohibited from working by the city due to health concerns related to the potential transmission of a communicable illness related to a public emergency, or seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and the employee has been exposed to a communicable disease or the city has requested a test or diagnosis. o Absence due to domestic abuse, sexual assault, or stalking of the employee provided the absence is to: o Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking o Obtain services from a victim services organization o Obtain psychological or other counseling o Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault or stalking o Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking • Care of a family member: o With mental or physical illness, injury or other health condition who needs medical diagnosis, care or treatment of a mental or physical illness, injury or other health condition Who needs preventative medical or health care Whose school or place of care has been closed due to weather or other public emergency When it has been determined by health authority or a health care professional that the presence of the family member of the employee in the community would jeopardize the health of others because of the exposure of the family member of the employee to a communicable disease, whether or not the family member has actually contracted the communicable disease o Absence due to domestic abuse, sexual assault or stalking of the employee's family member provided the absence is to: ■ Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking ■ Obtain services from a victim services organization 41 ■ Obtain psychological or other counseling ■ Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault or stalking ■ Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking For ESST purposes, family member includes an employee's: • Spouse or registered domestic partner; • Child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis (in place of parent); • Sibling, step sibling or foster sibling; • Biological, adoptive or foster parent, stepparent or a person who stood in loco parentis (in place of parent) when the employee was a minor child; • Grandchild, foster grandchild, or step grandchild; • Grandparent or step grandparent; • A child of a sibling of the employee (niece or nephew); • A sibling of the parent of the employee (aunt or uncle); • A child -in-law or sibling -in-law; • Any of the above family members of a spouse or registered domestic partner; • Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship; • Up to one (1) individual annually designed by the employee. Firefighters unable to respond to a call due to one of the circumstances as noted above are permitted to use ESST to cover their lost time. Usage of ESST will count towards call percentage requirements. Payment of Earned Sick and Safe Time The hourly rate of ESST pay is the same hourly rate an employee earns from employment with the City. For employees with multiple positions within the City, the ESST pay amount will be based on the position in which the employee was scheduled to work when the leave was taken. ESST is not considered hours worked for the purposes of overtime, accrual, or premium pay. Notice for use of Earned Sick and Safe Time If the need for ESST is foreseeable, the City requires seven (7) days advance notice in writing or email to the employee's supervisor or their designee. However, if the need is unforeseeable, employees must provide notice in-person or via phone/text of the need for ESST to their supervisor or their designee as soon as practicable. When an employee uses ESST for more than three (3) consecutive workdays, the City may require appropriate supporting documentation (such as medical documentation supporting medical leave, court records or related documentation to support safety leave). However, if the 42 employee or employee's family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, ESST for a qualifying purpose. The City will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee's or their family member's medical condition. In accordance with state law, the City will not require an employee using ESST to find a replacement worker to cover the hours the employee will be absent. Unless otherwise noted in the policy, ESST can normally only be used to cover scheduled missed shifts. Any deviation from this policy must be approved by the Human Resources Manager or City Administrator. Total Accrual and Carry Over of Earned Sick and Safe Time Employees are eligible to carry over accrued but unused ESST into the following year, but the total accrual of unused ESST hours shall not exceed 80 hours. ESST will not accrue once an employee has accrued a balance of 80 hours of unused ESST. Benefits and Return to Work Protections During an employee's use of ESST an employee will continue to receive the City's employer insurance contribution as if they were working, provided the employee continues paying for any share of their insurance premiums. An employee returning from time off using accrued ESST is entitled to return to their City employment at the same rate of pay received when their leave began, plus any automatic pay adjustments that may have occurred during the employee's time off. Seniority during ESST absences will continue to accrue as if the employee had not taken ESST. Termination and Reinstatement of Earned Sick and Safe Time -Rehired Employees Unused earned ESST is not paid out at termination, resignation, retirement, or other separation of employment, except as provided below. When there is a separation from employment with the City and the employee is rehired again within 180 days of separation, previously accrued ESST that had not been used will be reinstated. An employee is entitled to use and accrue ESST at commencement of reemployment. Retaliation The City shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting ESST rights, requesting ESST, or pursuing remedies. Further, use of ESST will not be factored into any attendance point system the City may use. Additionally, it is unlawful to report or threaten to report a person or a family member's immigration status for exercising a right under ESST. 43 15.0 Leaves of Absences Bereavement Leave All full-time benefited employees are eligible for bereavement leave equivalent to 100% of the employee's wage. Up to five (5) days may be granted with the approval of the Department Head for absences related to the death of an immediate family member. Immediate family includes spouse, child or foster child, parents, grandparents, stepparents, stepchildren, and siblings. Up to three (3) days will be granted for the death of an aunt, uncle, stepbrother, stepsister, and in-laws including mother, father, sister, and brother. Employees who use bereavement leave during the year will not be allowed to roll hours into the MN State HCSP in that same year. Family and Medical Leave Eligibility To qualify to take FMLA leave under this policy, an employee must meet all the following conditions: 1. Has worked for the City for 12 months (or 52 weeks) prior to the date the leave is to commence. The 12 months or 52 weeks need not have been consecutive; however, the city will not consider any service 7 years prior to the employee's most recent hire date. 2. Has worked at least 1,250 hours during the 12 -month period prior to the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act ("FLSA") determine the number of hours worked by an employee. Types of Leave Covered by FMLA Leave will be granted to all eligible employees for any of the following reasons: • The birth of a child, including prenatal care, or placement of a child with the employee for adoption or foster care; • To care for a spouse, child, or parent who has a serious health condition; • Due to a serious health condition that makes the employee unable to perform the essential functions of the position; • A covered military member's active duty or call to duty or to care for a covered military member (Military Caregiver and Qualified Exigency Leave) (described below). 44 Pay During FMLA Designated Leave Employees earning PTO are required to use PTO and any earned compensatory time prior to taking unpaid leave. Employees have the option to retain a maximum balance of 40 hours combined PTO and compensatory time for use when they return from leave. Definitions "Spouse" does not include domestic partners or common-law spouses. "Caring for" a covered family member includes psychological as well as physical care. It also includes acquiring care and sharing care duties. An eligible "child," with some exceptions, is under 18 years of age. An eligible "parent" includes a biological parent or a person who stood in the place of a parent "Serious Health Condition" means an illness, injury, impairment, or physical or mental condition that involves one of the following: • Hospital Care: Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; • Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or childbirth; • Absence Plus Treatment: A period of incapacity of more than three (3) consecutive calendar days that also involves continuing treatment by or under the supervision of a health care provider. • Chronic Conditions Requiring Treatments: An incapacity from a chronic condition which requires periodic visits for treatment by a health care provider, continues over an extended period of time, and may cause episodic rather than a continuing period of incapacity; • Permanent/Long-Term Conditions Requiring Supervision • Multiple Treatments: Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider. Length and Amount of Leave The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period. The leave year is calculated based on a rolling backward ("look -back") basis. The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12) months after the birth or placement of that child. 45 How Leave May Be Taken FMLA leave may be taken for 12 (or less) consecutive weeks, may be used intermittently (a day periodically when needed), or may be used to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks. Intermittent leave may be taken when medically necessary for the employee's serious health condition or to care for a seriously ill family member. Intermittent leave must be documented in the medical certification form as medically necessary. If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as to not disrupt the City's business. In instances when intermittent or reduced schedule leave for the employee or employee's family member is foreseeable or is for planned medical treatment, including recovery from a serious health condition, the City may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule. Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed adopted or foster care child only with the City's approval. Procedure for Requesting Leave and Notice All employees requesting FMLA leave must provide written or verbal notice of the need for the leave to the Human Resources Department. When the need for the leave is foreseeable, the employee must give verbal or written notice to his/her supervisor at least thirty (30) days prior to the date on which leave is to begin. If thirty (30) days' notice cannot be given, the employee is required to give as much notice as practicable, including following required call-in procedures. The City requires an employee on FMLA leave to report periodically on the employee's status and intent to return to work. Certification and Documentation Requirements For leave due to an employee's serious health condition or that of an employee's family member, the city will require the completion of a Medical Certification form by the attending physician or practitioner. The form must be submitted by the employee to the Human Resources Manager within fifteen (15) calendar days after leave is requested. If the form is not submitted in a timely fashion, the employee must provide a reasonable explanation for the delay. Failure to provide medical certification may result in a denial or delay of the leave. 46 When leave is due to an employee's own serious health condition, a fitness for duty certification (FFD) will be required before an employee can return to work. Failure to timely provide such certification may eliminate or delay an employee's right to reinstatement under the FMLA. If an employee is using intermittent leave and reasonable safety concerns exist regarding the employee's ability to perform his or her duties, a FFD certificate may be required as frequently as every 30 days during periods when the employee has used intermittent leave. Recertification of leave may be required if the employee requests an extension of the original length approved by the city or if the circumstances regarding the leave have changed. Recertification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition. Second and Third Medical Opinions The City may require an employee obtain a second opinion from a provider which the city selects. If necessary to resolve a conflict between the original certification and the second opinion, the city may require the opinion of a third doctor. This third opinion will be considered final. An employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. Annual Medical Certification and Recertification Where the employee's need for leave due to the employee's own serious health condition lasts beyond a single leave year, the city will require employees to provide a new medical certification in each subsequent leave year. Reinstatement Employees returning from Family and Medical Leave will be reinstated in their former position or a position equivalent in pay, benefits and other terms and conditions of employment. An employee's reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if an employee's position would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave. Group Health Insurance and Other Benefits, Concurrent Leave, and Substitution of Paid Leave An employee granted leave under this policy will continue to be covered under the city's group health and dental insurance plan under the same conditions and at the same level of city contribution as would have been provided had the employee been continuously employed during the leave period. The employee will be required to continue payment of the employee portion of group insurance coverage while on leave. Arrangements for payment of the employee's portion of premiums must be made by the employee with the city. 47 If there are changes in the city's contribution levels while the employee is on leave, those changes will take place as if the employee were still on the job. Rights to additional continued benefits will depend on whether leave is paid or unpaid. Any paid disability leave benefits (Short Term Disability or Long -Term Disability), sick leave, PTO, or compensatory time off available to employees for a covered reason (an employee's serious health condition or a covered family member's serious health condition, including worker's compensation leave and Minnesota State Parenting Leave) will run concurrently with FMLA. Failure to Return to Work After FMLA Leave Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for at least 30 calendar days, the city may require the employee to repay the portion of the monthly cost paid by the city for group health plan benefits. The city may also require the employee to repay any amounts the city paid on the employee's behalf to maintain benefits other than group health plan benefits. FMLA- Qualified Exigency and Military Caregiver Leave Qualified Exigency Eligible employees (described above) whose spouse, son, daughter, or parent either has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by the family member's call-up or service. The qualifying exigency must be one of the following: (1) short -notice deployment; (2) military events and activities; (3) childcare and school activities; (3) financial and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post -deployment activities; (8) parental care; or (9) additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. Military Caregiver Leave An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, parent, or next of kin of a covered servicemember may take up to 26 weeks in a single 12 - month period to care for that servicemember. The family member must be a current member of the Armed Forces (including a member of the National Guard or Reserves), who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is on outpatient status or on the temporary disability retired list. Eligible employees may not take leave under this provision to care for former members of the Armed Forces, 48 former members of the National Guard and Reserves, or members on the permanent disability retired list. DEFINITIONS A "son or daughter of a covered servicemember" means the covered servicemember's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember stood in loco parentis, and who is of any age. A "parent of a covered servicemember" means a covered servicemember's biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember. This term does not include parents "in law." The "next of kin of a covered servicemember" is the nearest blood relative, other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember's next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember's only next of kin. "Covered active duty" means: • "Covered active duty" for members of a regular component of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country. • "Covered active duty" for members of the reserve components of the Armed Forces (members of the U.S. National Guard and Reserves) means duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined in section 101(a)(13)(B) of Title 10 of the United States Code. "Covered servicemember" means: • An Armed Forces member (including the National Guard or Reserves) undergoing medical treatment, recuperation, or therapy or otherwise in outpatient status or on the temporary disability retired list, for a serious injury or illness"; or • A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the 49 National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. "Serious injury or illness" means: • In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and • In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered servicemember, means a qualifying (as defined by the Secretary of Labor) injury or illness incurred by a covered servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank or rating. Amount of Leave- Qualified Exigency An eligible employee can take up to 12 weeks of leave for a qualified exigency. Amount of Leave- Military Caregiver An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave during a "single 12 -month period." The "single 12 -month period" begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date. Leave taken for any FMLA reason counts towards the 26 -week entitlement. If an employee does not take all 26 workweeks of leave to care for a covered servicemember during this "single 12 -month period," the remaining part of the 26 workweeks of leave entitlement to care for the covered servicemember is forfeited. 29 C.F.R. § 825.127(e)(1) (2017). Certification of Qualifying Exigency for Military Family Leave The city will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave. Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave The city will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within 15 days of the request or provide a 50 reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered Servicemember. All other provisions of the FMLA policy, including Use of Paid Leave, Employee Status and Benefits During Leave, Procedure for Requesting Leave, and Benefits During Leave and Reinstatement, are outlined above in the FMLA policy. Pregnancy and Parenting Leave Employees who work twenty (20) hours or more per week and have been employed more than one (1) year are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave Act of Minnesota. Female employees for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions as well as a biological or adoptive parent in conjunction with after the birth or adoption of a child as eligible for up to 12 weeks of unpaid leave and must begin within twelve months of the birth or adoption of the child. In the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital. Employee should provide reasonable notice, which is at least thirty (30) days. Employees are required to use accrued leave (i.e., PTO, compensatory time, ESST, etc.) during Parenting Leave If the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. The two leaves will run concurrently. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain available while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the employee will be responsible for the entire premium unless otherwise provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an FMLA absence as well, the employer contributions toward insurance benefits will continue during the FMLA leave absence. Military Leave State and federal laws provide protections and benefits to city employees who are called to military service, whether in the reserves or on active duty. Such employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged in training or active service not exceeding a total of fifteen (15) workdays in any calendar year. City compensation is in addition to the military's pay for these 15 days, as per MN Attorney General's Opinion. The leave of absence is only in the event the employee returns to employment with the city as required upon being relieved from service or is prevented from returning by physical or mental disability or other cause not the fault of the employee or is required by the proper authority to continue in military or naval service beyond the fifteen -day paid leave of absence. Employees 51 on extended unpaid military leave will receive fifteen (15) days paid leave of absence in each calendar year, not to exceed five (5) years. Where possible, notice is to be provided to the city at least ten (10) working days in advance of the requested leave. A training notice, signed orders, or battle assembly schedule are examples of typical written notification to share with the city. If an employee has not yet used his/her fifteen (15) days of paid leave when called to active duty, any unused paid time will be allowed for the active -duty time, prior to the unpaid leave of absence. Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the purpose of leave accruals. Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen (15) days will follow the same procedures as for any employee on an unpaid leave of absence. Military Leave for Family Members The city will not discharge from employment or take adverse employment action against an employee because an immediate family member is in the military forces of the United States or Minnesota. Nor will the city discharge from employment or take adverse employment action against an employee because they attend departure or homecoming ceremonies for deploying or returning personnel, family training or readiness events or events held as part of official military reintegration programs. Employees may substitute paid leave if they choose to do so. Unless the leave would unduly disrupt the operations of the city, employees whose immediate family member, as a member of the United States armed forces has been ordered into active service in support of a war or other national emergency, will be granted an unpaid leave of absence, not to exceed one (1) day's duration in any calendar year, to attend a send-off or homecoming ceremony for the mobilized service member. Military Leave for Family Member Injured or Killed in Active Service Employees will be granted up to ten (10) working days of unpaid leave whose immediate family member (defined as a person's parent, child, grandparents, siblings or spouse) is a member of the United States armed forces who has been injured or killed while engaged in active service. The ten (10) days may be reduced if an employee elects to use appropriate accrued paid leave. Civil Air Patrol The city will grant employees an unpaid leave of absence for time spent serving as a member of the Civil Air Patrol upon request and authority of the State or any of its political subdivisions, unless the absence would unduly disrupt the operations of the city. Employees may choose to use paid time on Civil Air Patrol Leave but are not required to do so. 52 Jury Duty Full-time employees shall be granted paid leaves of absence for required jury duty. Any compensation received for jury duty; minus mileage must be turned over to the Finance Department. Employees shall report a full day's work (usually 8 hours) on their timesheet for payroll purposes. Time spent on jury duty shall not be counted as time worked in computing overtime. Employees excused or released from jury duty during their regular working hours shall report to their regular work duties as soon as reasonably possible or will take PTO or compensatory time to make up the difference. Employees shall notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of time spent on jury duty and pay form is completed by the clerk of court so the city will be able to determine the amount of compensation due for the period involved. Part-time, seasonal, and temporary employees are not eligible for compensation for absences due to jury duty. Court Appearances Employees will be paid their regular wage to testify in Court only for city -related business. Any compensation received for court appearances (e.g., subpoena fees) arising out of or in connection with city employment, minus mileage reimbursement (if personal vehicle used), must be turned over to the Finance Department. Victim or Witness Leave An employer must allow a victim or witness, who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony to attend criminal proceedings related to the victim's case. Additionally, a victim of a violent crime, as well as the victim's spouse or immediate family member (immediate family member includes parent, spouse, child or sibling of the employee) may have reasonable time off from work to attend criminal proceedings related to the victim's case. An employee must give 48 hours advance notice to the city of their need to be absent unless it is impracticable, or an emergency prevents them from doing so. The city may request verification that supports the employee's reason for being absent from the workplace. Job Related Injury or Illness All employees are required to report any job-related illnesses or injuries to their supervisor immediately (no matter how minor). If a supervisor is not available and the nature of injury or illness requires immediate treatment, the employee is to go to the nearest available medical facility for treatment and, as soon as possible, notify his/her supervisor of the action taken. In the case of a serious emergency, 911 should be called. 53 If the injury is not of an emergency nature, but requires medical attention, the employee will report it to the supervisor and make arrangements for a medical appointment. Workers' compensation benefits and procedures to return to work will be applied according to applicable state and federal laws. School Conference Leave Any employee who has worked half-time or more for more may take unpaid leave for up to a total of sixteen (16) hours during any 12 -month period to attend school conferences or classroom activities related to the employee's child (under 18 or under 20 and still attending secondary school), provided the conference or classroom activities cannot be scheduled during non -work hours. When the leave cannot be scheduled during non -work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the city. Employees may choose to use PTO for this absence but are not required to do so. Bone Marrow/Organ Donation Leave Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40 hours, unless agreed to by the city, to undergo medical procedures to donate bone marrow or an organ. The 40 hours is over and above the amount of accrued time the employee has earned. The city may require a physician's verification of the purpose and length of the leave requested to donate bone marrow or an organ. If there is a medical determination that the employee does not qualify as a bone marrow or organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited. Effective July 1, 2023, the City shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting bone marrow or organ donation leave right or remedies. Adoptive Parents Adoptive parents will be given the same opportunities for leave as biological parents (see provisions for Parenting Leave). The leave must be for the purpose of arranging the child's placement or caring for the child after placement. Such leave must begin before or at the time of the child's placement in the adoptive home. Athletic Leave of Absence An employee who qualifies as a member of the United States team for athletic competition on the world championship, Pan American, or Olympic team in a sport sanctioned by the International Olympic Committee, shall be granted a leave of absence without loss of pay or other benefits for the purpose of preparing for and engaging in the competition. In no event shall the paid leave exceed the period of official training camp and competition combined, or 54 90 calendar days a year, whichever is less. The employee shall provide documentation establishing their participation on said team and in said event. Elections/Voting An employee selected to serve as an election judge pursuant to Minnesota law will be allowed time off with pay for purposes of serving as an election judge, provided the employee gives the city at least twenty days (20) written notice, including a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. The city may reduce the wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from the place of employment. Thus, employees will be paid the difference between their pay as an election judge and their regular rate of pay for their normal workday. The city reserves the right to restrict the number of employees absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite. All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay to vote on the election day. Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues. Effective July 1, 2023, employees may be absent from work for the time necessary to vote to include voting during the period allowed for voting in person before election day. Leave for Service in an Elective Office In accordance with Minnesota Statutes, an unpaid leave of absence shall be granted to an employee elected to the state legislature or full-time city or county office in Minnesota. An employee on such leave shall be reinstated to his/her position or a position with like seniority, status and pay scale if the following requirements are met: 1. That position has not been abolished or if the position was of a limited term, that term has not expired. 2. The employee makes written application for reinstatement to the City within 30 days after the last legislative day in a calendar year or, in the case of an elected city or county official, within 30 days after the expiration of the term to which he/she was elected. 3. The request for reinstatement is made not later than ten (10) years after the granting of the leave. Delegates to Party Conventions An employee may be absent from work to attend any meeting of the state central committee or executive committee of a major political party if the employee is a member of the 55 committee. The employee may attend any convention of a major political party delegates, including meetings of official convention committees if the employee is a delegate or an alternate delegate to that convention. Per the statutory requirement, the employee must give at least ten (10) days written notice of their planned absence to attend committee meetings or conventions. Time away from work for this purpose will be considered unpaid unless the employee chooses to use PTO leave during their absence. Regular Leave Without Pay This section sets forth policy regarding leave without pay. Nothing in this policy shall limit the City's authority to make additional reasonable accommodations as may be necessary and which do not result in hardship to the City. To qualify for leave without pay, a full-time employee must normally use all earned PTO, and compensatory time prior to taking an unpaid leave. If the leave qualifies under the Parenting Leave or Family Medical Leave Act (FMLA), the employee may retain a balance of forty (40) hours when going on unpaid leave. Any exceptions must be approved by the City Administrator. 2. The City Administrator may authorize leave without pay for up to thirty (30) days. Leave of absences for greater periods may be granted by the City Administrator with the Personnel Committee's approval, to a maximum of six (6) months. Employees are not eligible for leave of absences beyond six (6) months — including paid and unpaid leave time combined. Any leave extending beyond six (6) months will be considered a voluntary termination of employment. 3. If an employee is not working any hours, the employee will not accrue holidays, PTO, ESST or other paid leave benefits while on a regular leave without pay. Employees who are working reduced hours while on this type of leave will accumulate PTO, ESST and holiday pay equal to part-time employees as allowed based on hours worked (i.e., if working 30 or more hours per week). Leave without pay of 30 days or more will not count toward seniority, except when state or federal law requires it. 4. Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons other than qualified Parenting Leave or FMLA, are not guaranteed return to their original position. If their original position or a position of similar or lesser status is available, it may be offered at the discretion of the city administrator subject to approval of the City Council. 56 Administrative Leave Under special circumstances, the City Administrator may place an employee on administrative leave pending the outcome of an internal or external investigation. The leave may be paid or unpaid, depending on the circumstances, as determined by the City Administrator. Light Duty/Modified Duty Assignments This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated on a case-by-case basis. This policy does not guarantee assignment to light duty. Such assignments are for short-term, temporary disability -type purposes; assignment of light duty is at the discretion of the City Administrator with input from the Human Resources Manager and the employee's supervisor. The City Administrator reserves the right to determine when and if light duty work will be assigned. When an employee is unable to perform the essential requirements of his/her job due to a temporary disability, he/she will notify the supervisor in writing as to the nature and extent of the disability and the reason why he/she is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician's report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability. The notice must include the expected time frame regarding return to work with no restrictions, meeting all essential requirements and functions of the city's job description along with a written request for light duty. Upon receipt of the written request, the supervisor is to forward a copy of the report to the Human Resources Manager. The city may require a medical exam conducted by a physician selected by the city to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions. It is at the discretion of the City Administrator whether or not to assign light duty work to the employee. Although this policy is handled on a case-by-case basis. If the city offers a light duty assignment to an employee who is out on workers' compensation leave, the employee may be subject to penalties if he/she refuses such work. The city will not, however, require an employee who is otherwise qualified for protection under the Family and Medical Leave Act to accept a light duty assignment. The circumstances of each disabled employee performing light duty work will be reviewed regularly. Any light duty/modified work assignment may be discontinued at any time. Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy The city will attempt to provide a female employee who requests reasonable accommodation with the following for her health conditions related to her pregnancy or childbirth without advice of a licensed health care provider or certified doula: 57 More frequent restroom, food, and water breaks; 2. Seating; and/or 3. Limits on lifting over 20 pounds. Additionally, an employer must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer's business. In accordance with state law, no employee is required to take a leave of absence for a pregnancy nor accept a pregnancy accommodation. Impact of Leaves of Absence on Benefits The employer shall continue to contribute its specified share of the monthly insurance premiums for any eligible full-time or regular part-time benefit -earning employee on a paid leave from the city. Typically, employee benefits will not be earned by an employee while on leave without pay. However, the city's contribution toward health, dental, life, and disability insurance may be continued if approved by the Personnel Committee, for leaves of up to ninety (90) days when the leave is for medical reasons and FMLA has been exhausted. 16.0 Discipline General Policy City employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities, including observance of work rules, codes of conduct and policies adopted by the city. Supervisors and employees are responsible for ensuring compliance with city standards of employee conduct. The city reserves the right to use discretion in applying this policy as circumstances warrant. The reporting of misconduct and prevention of the escalation of misconduct are areas that demand all employees to exercise courage, integrity, and decisiveness. When a non -supervisory employee becomes aware of possible misconduct by another city employee, the employee shall immediately notify a supervisor. Furthermore, an employee who observes serious misconduct shall take appropriate action to cause the misconduct to immediately cease. The fact that a supervisor is not present or is not taking appropriate action to stop the serious misconduct does not relieve other employees present from this obligation. It is the policy of the city to administer discipline without discrimination. Disciplinary action shall be for cause. The city shall normally investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. 58 Specific reasons for discipline and dismissal are too numerous to describe in total in these policies. Lack of a specific listing of reasons shall in no way limit the city from acting deemed appropriate for a specific offense. Process The city may elect to use progressive discipline with any employee. There may be circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. Nothing in this article or these personnel policies implies that any City employee has a property right to the job they perform. Types of Disciplinary Actions Oral Reprimand This measure will be used for minor issues where personal coaching discussions have not resolved the matter. All supervisors can issue oral reprimands without prior approval. Oral reprimands are normally given for first infractions on minor offenses to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be. The supervisor will document the oral reprimand including date(s) and a summary of discussion and corrective action needed. Written Reprimand A written reprimand is more serious and may follow an oral reprimand when the problem is not corrected, or the behavior has not consistently improved in a reasonable period of time. Serious infractions may require skipping either the oral or written reprimand, or both. Written reprimands are issued by the supervisor with prior review and approval by the Human Resources Manager. A written reprimand will: (1) state what happened; (2) state what should have happened; (3) identify the policy, directive or performance expectation that was not followed; (4) provide history, if any, on the issue; (5) state goals, including timetables, and expectations for the future; and (6) indicate consequences of recurrence. Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees' signatures do not mean the employee agrees with the reprimand. Written reprimands will be placed in the employee's personnel file. Suspension With or Without Pay The City Administrator may suspend an employee without pay for disciplinary reasons. Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council, except in the case of veterans. Qualified veterans, who have completed their 59 initial probationary period, will not be suspended without pay in conjunction with a termination. The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. A copy of the letter of suspension will be placed in the employee's personnel file. An employee may be suspended or placed on involuntary leave of absence pending an investigation of an allegation involving that employee. The leave may be with or without pay depending on a number of factors including the nature of the allegations. If the allegation is proven false after the investigation, the relevant written documents will be removed from the employee's personnel file and the employee will receive any compensation and benefits due had the suspension not taken place. Supervisors are authorized to send employees home immediately when an employee's behavior violates the Personnel Policies, department policies or otherwise constitutes serious misconduct. This action is to be immediately reported to the department director and Human Resource Manager, so they can determine the appropriate level of discipline. Demotion/Transfer An employee may be demoted or transferred if attempts at resolving the problem have failed and the City Administrator determines this would be the best solution to the problem. The employee must be qualified for the position to which they are being placed and the City Council must approve this action. Transfers The City may, at its sole discretion, transfer employees from one department or position to another or transfer work between departments of the city, as authorized by the City Administrator. Employees involuntarily transferred by the City shall normally not suffer a pay decrease unless the transfer is for performance reasons. Nothing herein shall prevent an employee from accepting a transfer to a lower rate of pay if such transfer is voluntary or requested to avoid layoff. Seniority will transfer with the employee in the case of involuntary, non -performance- based transfers. 2. Demotions Employees may be demoted if they have been found unsuited for the present position but may be expected to perform satisfactorily in a lesser position. The City Council may, for disciplinary reasons or for reasons related to poor performance, demote an employee at anytime. Demotions shall be considered a permanent change in status. .( Employees who voluntarily demote or are demoted due to performance issues shall have their pay established within the range of the new classification at a level determined by the Human Resource Manager and approved by the City Administrator. Employees may also be demoted if their position(s) has been abolished or reclassified to a lower class. Employees who are demoted due to reclassification, restructuring, or other organizational change unrelated to performance, shall not normally suffer a pay cut. In these cases, the employee's pay will normally be frozen. When an employee's pay is above the maximum of the range for the new job class, their pay will normally be frozen until annual adjustments increase the salary range above the employee's salary. Dismissal The City Administrator, with the approval of the City Council, may dismiss an employee for substandard work performance, serious misconduct, or behavior not in keeping with city standards. If the disciplinary action involves the removal of a qualified veteran, who has completed his/her initial probationary period, the appropriate hearing notice will be provided, and all rights will be afforded the veteran in accordance with Minnesota law. An employee's salary increase may be withheld, or the salary may be decreased due to performance deficiencies. 17.0 Grievance Procedure Any dispute between the employee and the city relative to the application, meaning or interpretation of these Personnel Policies shall be settled in the following manner unless contrary to a current labor agreement. Step 1: The grievance shall be presented in writing, setting forth the nature of the grievance, the date at which the incident allegedly occurred, the facts on which it is based, the provision or provisions of the Personnel Policies allegedly violated, and the remedy requested. The written grievance must be presented to the proper supervisor by the employee, or his/her representative, within twenty-one (21) days after the alleged violation or dispute has occurred. The supervisor or their designee will respond to the employee in writing within ten (10) calendar days. Step 2: If the grievance has not been settled in accordance with Step 1, it must be presented in writing, including the same description as in Step 1 to the City Administrator or Human Resources Manager within ten (10) days after the supervisor's response is due. The City Administrator or Human Resources 61 Manager will respond to the employee or his/her representative in writing within ten (10) calendar days. Step 3: If the grievance has not been settled in accordance with Step 2, it shall be presented in writing, including the same description as in Step 1 to the Personnel Committee within ten (10) days after the City Administrator or Human Resources Manager's response is due. The Personnel Committee will respond to the employee or his/her representative in writing within ten (10) calendar days. If not satisfactorily resolved at this level within a reasonable time, it shall be referred to the City Council for consideration. The City Council is the final authority for all grievances. Waiver 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 in the specified time limit or any agreed extension thereof, it shall be considered settled based on the employer's last answer. If the employer does not answer a grievance or an appeal thereof within the specified time limits, the grievance is considered denied at that step and the employee may appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the employer and the employee without prejudice to either party. Ability for Grievance The following actions cannot be grieved: 1. While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable, other performance evaluation data, including subjective assessments, are not. 2. Dismissals of employees during their probationary period. 3. Demotions of employees who do not pass their promotional probation. 4. Pay increases or lack thereof. 5. Merit pay awards. 6. Other actions that are inherent managerial rights. The above list is not meant to be all-inclusive or exhaustive. 18.0 Respectful Workplace Policy The intent of this policy is to provide general guidelines about conduct that is and is not appropriate in the workplace and other city -sponsored social events. The city acknowledges this policy cannot possibly predict all situations that might arise and recognizes that some employees are exposed to disrespectful behavior, and even violence, by the very nature of their jobs. 62 Applicability Maintaining a respectful public service work environment is a shared responsibility. This policy is applicable to all city employees, volunteers, members of boards and commissions, applicants, contractors/vendors, elected officials, and members of the public. The expectations by the City of Monticello for respectful workplace conduct apply both in the workplace and at other city - sponsored events. Abusive Customer Behavior While the city has a strong commitment to customer service, the city does not expect employees to accept verbal and other abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or the employee may defuse the situation themselves, including professionally ending the contact. If there is a concern about the possibility of violence, the individual should push the panic button (if available) or call 911, and as soon as feasible, contact a supervisor. Employees should leave the area immediately when violence is imminent unless their duties require them to remain in order to protect other customers or employees. Employees must notify their supervisor about the incident as soon as possible. Types of Disrespectful Behavior The following behaviors are unacceptable and therefore prohibited, even if not unlawful in and of themselves: 1. Violent behavior: Includes the use of physical force, harassment, bullying or intimidation. 2. Discriminatory behavior: Includes inappropriate remarks about or conduct related to a person's legally protected characteristic such as race, color, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status regarding public assistance. 3. Offensive behavior: May include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disparaging language, or any other behavior regarded as offensive to a reasonable person based upon violent or discriminatory behavior as listed above. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and supervisor what is regarded as offensive, considering the sensibilities of employees and the possibility of public reaction. Although the standard for how employees treat each other and the general public will be the same throughout the city, there may be differences between work groups about what is appropriate in other circumstances unique to a work group. If an employee is 63 unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor or human resources. 4. Sexual Harassment: Can consist of a wide range of unwanted and unwelcome sexually directed behavior such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature when: • Submitting to the conduct is made either explicitly or implicitly a term or condition of an individual's employment; or • Submitting to or rejecting the conduct is used as the basis for an employment decision affecting an individual's employment; or • Such conduct has the purpose or result of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. Sexual harassment includes, but is not limited to, the following: • Unwelcome or unwanted sexual advances. This means stalking, patting, pinching, brushing up against, hugging, cornering, kissing, fondling or any other similar physical contact considered unacceptable by another individual. • Verbal or written abuse, kidding, or comments that are sexually oriented and considered unacceptable by another individual. This includes comments about an individual's body or appearance where such comments go beyond mere courtesy, telling "dirty jokes" or any other tasteless, sexually oriented comments, innuendos or actions that offend others. The harassment policy applies to social media posts, tweets, etc., that are about or may be seen by employees, customers, etc. • Requests or demands for sexual favors. This includes subtle or obvious expectations, pressures, or requests for any type of sexual favor, along with an implied or specific promise of favorable treatment (or negative consequence) concerning one's current or future job. Names and Pronouns: Every employee will be addressed by a name and by pronouns that correspond to the employee's gender identity and expression. A court-ordered name or gender change is not required. Employee Response to Disrespectful Workplace Behavior All employees should feel comfortable calling their supervisor or another manager to request assistance should they not feel comfortable with a situation. If situations involve violent behavior call Wright County for assistance, ask the individual to leave the area, and/or take other reasonable action. If employees see or overhear a violation of this policy, employees should advise a supervisor, the Human Resources Manager, City Administrator, or the City Attorney promptly. 64 Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation in one of the ways listed below. If there is a concern about the possibility of violence, the individual should use their discretion to call 911 or press the panic button (if available), and as soon as feasible, notify a supervisor. In the event the disrespectful behavior occurring involves the employee's supervisor, the employee should contact the department director, Human Resources Manager, or the City Administrator. Ste 1(a): If you feel comfortable doing so, professionally, but firmly, tell whoever is engaging in the disrespectful behavior how you feel about their actions. Politely request the person to stop the behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for this discussion. Ste 1(b): If you fear adverse consequences could result from telling the offender or if the matter is not resolved by direct contact, go to your supervisor, department head, the Human Resources Manager, or the City Administrator. The person to whom you speak is responsible for documenting the issues and for giving you a status report on the matter. In some situations, with an offender from the public, it is preferable to avoid one on one interactions. Talk to your supervisor about available options to ensure there are others available to help with transactions with the offender. Ste 1(c): The city urges conduct that is viewed as offensive be reported immediately to allow for corrective action to be taken through education and immediate counseling, if appropriate. It is vitally important you notify a supervisor, the Human Resources Manager or the City Administrator of your concerns. Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it promptly to a supervisor, the Human Resources Manager or the City Administrator. Step 2: If, after what is considered to be a reasonable length of time (for example, 30 days), you believe inadequate action is being taken to resolve your complaint/concern, the next step is to report the incident to the Human Resources Manager, City Administrator, Mayor, or City Attorney. Supervisor's Response to Alleeations of Disrespectful Workplace Behavior Employees who have a complaint of disrespectful workplace behavior will be taken seriously. In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations promptly to the Human Resources Manager, who will determine whether an investigation is warranted. A supervisor must act upon such a report even if requested otherwise by the victim. In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines when an allegation is reported: 65 Ste 1(a): If the nature of the allegations and the wishes of the victim warrant a simple intervention, the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching session with the offender, explaining the impact of his/her actions and requiring the conduct not reoccur. This approach is particularly appropriate when there is some ambiguity about whether the conduct was disrespectful. Ste 1(b): Supervisors, when talking with the reporting employee will be encouraged to ask him or her what he or she wants to see happen next. When an employee comes forward with a disrespectful workplace complaint, it is important to note the city cannot promise complete confidentiality, due to the need to investigate the issue properly. However, any investigation process will be handled as confidentially as practical and related information will only be shared on a need - to -know basis and in accordance with the Minnesota Data Practices Act and/or other applicable laws. Step 2: If a formal investigation is warranted, the individual alleging a violation of this policy will be interviewed to discuss the nature of the allegations. Formal investigations will be prompt, impartial, and thorough. The person being interviewed may have someone of his/her own choosing present during the interview. Typically, the investigator will obtain the following description of the incident, including date, time and place: • Corroborating evidence. • A list of witnesses. • Identification of the offender. To facilitate fostering a respectful work environment, all employees are encouraged to respond to questions or to otherwise participate in investigations regarding alleged harassment. Step 3: The supervisor must notify the Human Resources Manager (assuming the allegations do not involve the Human Resources Manager) about the allegations. For more information about what to do when allegations involve the Human Resources Manager, City Administrator, the Mayor, or a Councilmember, see "Special Reporting Requirements" below. Step 4: In most cases, as soon as practicable after receiving the written or verbal complaint, the alleged policy violator will be informed of the allegations, and the alleged violator will have the opportunity to answer questions and respond to the allegations. The city will follow any other applicable policies or laws in the investigatory process. Step 5: After adequate investigation and consultation with the appropriate personnel, a decision will be made regarding whether or not disciplinary action will be taken. Step 6: The alleged violator and complainant will be advised of the findings and conclusions as soon as practicable and to the extent permitted by the Minnesota Government Data Practices Act. Step 7: The city will take reasonable and timely action, depending on the circumstances of the situation. The city is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. § 363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of the Department of Human Rights. When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the Human Resources Manager who will determine how to proceed in addressing the complaint as well as appropriate discipline. If the Human Resources Manager is perceived to be the cause of a disrespectful workplace behavior incident involving city personnel, the report will be made to the City Administrator who will confer with the City Attorney regarding appropriate investigation and action. If the City Administrator is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the City Attorney who will confer with the Mayor and City Council regarding appropriate investigation and action. If an elected or appointed city official (e.g., council member or commission member) is the victim of disrespectful workplace behavior, the city attorney will be consulted as to the appropriate course of action. Confidentiali A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person's name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees' personnel files. If disciplinary action does result from the investigation, the results of the disciplinary action and data supporting any discipline imposed then become a part of the employee(s) personnel file(s). Retaliation Retaliation is strictly prohibited. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. Individuals who report harassing conduct, participate in investigations, or take any other actions protected under federal or state employment discrimination laws will not be subject to retaliation. 67 Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation, reprisal, or harassment. While each situation is very fact dependent, retaliation can include a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance evaluations or transfers to less prestigious or desirable work or work locations because an employee has engaged or may engage in activity in furtherance of EEO laws. It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action, deportation or other action with immigration authorities, disparagement to others or the media and making false report to government authorities because an employee has engaged or may engage in protected activities. Any individual who retaliates against a person who testifies, assists, or participates in an investigation may be subject to disciplinary action up to and including termination. If you feel retaliation is occurring within the workplace, please report your concern immediately to any of the following: Immediate supervisor; 2. Your supervisor's manager; 3. Human Resources Manager; 4. City Administrator; 5. Mayor or City Councilmember 6. In the event an employee feels retaliation has occurred by the City Administrator or the City Council, then reporting may be made to the City Attorney. Supervisors who have been approached by employees with claims of retaliation will take the complaint seriously and promptly report the allegations promptly to the human resources manager or city administrator who will decide how to proceed in addressing the complaint. Consistent with the terms of applicable statutes and city personnel policies, the city may discipline any individual who retaliates against any person who reports alleged violations of this policy. The city may also discipline any individual who retaliates against any participant in an investigation, proceeding or hearing relating to the report of alleged violations. 19.0 Public Purpose Expenditure Policy Consistent with Minnesota State laws that permit and require the expenditure of public funds for public purposes, the following policy and guidelines were established to provide assistance and clarification to officials and employees for determinations of when public funds may be spent. The overriding principle is that public funds must be spent for a public purpose. The City Council recognizes that the determination of a valid public purpose is an evolving concept that is somewhat subjective and therefore feels thoughtful discussion and guidance in the form of a policy and guidelines is appropriate. The City Council authorizes the City Administrator to establish additional administrative policies and procedures and to interpret appropriate use of public funds consistent with this policy and guidelines. Definitions "PUBLIC PURPOSE EXPENDITURE" — An expenditure of funds related to the purpose for which the City of Monticello exists including the mission, goals, functions, and responsibilities of elected and appointed officials, employees and other City representatives. "EMPLOYEE" — For purposes of this policy, the word 'employee' shall include all employees, elected officials and appointed officials. Public Purpose Guidelines and Rationale The City of Monticello has determined that the following expenditures are valid expenditures and serve a public purpose. Training and development programs for Monticello elected and appointed officials and employees serve a public purpose when those training and development programs are related to the employee's job performance and to the programs and services provided by the city to its residents. 2. Payment of employee work-related expenses, including travel, lodging, telephone, and meal expenses serve a public purpose when those expenses are necessarily incurred by Monticello employees in connection with their official duties and/or work assignments and those expenses are directly related to the performance of the governmental function for which Monticello has responsibility. 3. Safety, health and wellness programs for Monticello employees serve a public purpose because they result in healthier and more productive employees and reduce certain costs to the City and taxpayers, including various costs related to worker's compensation, health insurance premiums, disability benefit claims, and lost time due to employee absences. 4. Public expenditures to recognize contributions made by employees are part of an overall compensation program offered to employees for work performed. It serves a public purpose because formally recognizing employees who make contributions and demonstrate their commitment during the performance of their duties results in higher morale and increased employee cooperation, understanding and productivity and therefore assists the city in providing efficient and cost-effective services to its citizens. Including all employees in events to recognize service and commitment encourages other employees to work harder and make additional contributions and builds greater teamwork among employees in different departments. Employee productivity is directly related to employee satisfaction and that satisfaction depends on much more than just a paycheck. Employee satisfaction is directly and closely tied to the entire compensation package and the work environment. Recognizing employees' efforts and talents is a key factor in a good work environment and is accomplished several ways, both structured and unstructured. Structured events the city sponsors include employee retirement and farewell events and years of service recognition. These events are an integral part of our employee compensation program and are directly related to employee satisfaction, which in turn leads to greater productivity and enhanced service to the community. 5. Public expenditures for appropriate community and customer outreach activities serve a public purpose when those expenditures are necessary to ensure efficient operation of the city's programs or services, promote the availability or use of services or city resources, or to promote coordinated, cooperative planning activities among and between the city and the private sector or other public sector jurisdictions for the benefit of the public. 6. Public expenditures for food and refreshments associated with official Monticello functions, employee training and meetings to discuss city business serve a public purpose when the provision of food or refreshments helps to ensure meaningful participation by those attending. These functions serve a public purpose to receive or provide information of concern to the city, recognize individuals for their service to the city or provide a forum to discuss city business. These meetings should be limited to meetings where the primary purpose is to discuss city business. 7. Expenditures for membership in professional organizations and attendance at meetings and professional conferences serve a public purpose by keeping employees informed of: • state and federal laws and proposed legislation, • rules, regulations, court and arbitration decisions, • current trends and best practices, • risk management, • effective employee and labor relations strategies and issues, • availability of grants and other funding sources, • community concerns, and • public-private partnership opportunities. All the foregoing is directly related to the betterment and improvement of municipal government operations and to the service provided to the residents. 8. Expenditures for educational reimbursement serve a public purpose when the coursework is directly related to the job duties or performance needs of the employee and therefore improve the knowledge, skills and abilities needed to provide effective and efficient services to the residents. 70 Financial Considerations Funding for any expenditure must be approved by the appropriate supervisory staff or City Administrator in accordance with established procedures and must be included in the approved City budget. 20.0 Employee Education and Training The City promotes staff development as an essential, ongoing function needed to maintain and improve cost effective quality service to residents. The purposes for staff development are to ensure that employees develop and maintain the knowledge and skills necessary for effective job performance and employees are provided with an opportunity for job enrichment and mobility. Policy The city will pay for the costs of an employee's participation in training and attendance at professional conferences when attendance is approved in advance under the following criteria: • Work interference shall be minimal. • Training shall not duplicate recent training. • Training costs shall be within budgetary limits. • Preference shall be given to training that provides the most benefit to the city at the lowest cost. • The supervisor shall ensure that there is adequate coverage of departmental responsibilities before approving training applications. • Training shall relate to an employee's job or health/safety. • Efforts shall be made to distribute training equitably within a department. • Training shall be structured to provide information that will aid in an employee's growth or maintenance of professional standard. General Guidelines 1. Temporary, seasonal, casual part-time and intermittent employees shall be excluded unless approved by the department director. Safety training shall be provided to all employees. 2. If attendance is required at a seminar, the city will pay tuition/registration fees and hourly wages for all required hours of attendance. Expenses will be paid in accordance with standard practices. 3. Time spent traveling to and from, as well as time spent attending a training session or conference, will be compensated in accordance with the federal Fair Labor Standards Act. 71 4. Employees should be aware at all times that they are representing the city while attending any conference, meeting, class or outside training. 5. Employees should conduct themselves as if they were at work. Improper conduct at any city authorized or sponsored event reflects poorly on the city and will be subject to disciplinary action as if it occurred during regular working hours. National and Regional Training To be approved for national or regional training sessions, the employees must meet the following requirements: • Be employed as a regular full-time or benefit -earning part-time employee for a minimum of six (6) months with the city. • Training must be approved in advance by the City Council. • Training sessions will normally not exceed five (5) workdays. • Council may require an employee to reimburse the city for airfare, hotel, and registration fees for an approved national or regional training event if the employee voluntarily terminates employment within six (6) months of completion of the training. The classes of employees eligible for national training sessions (out of the region) are the City Administrator and department heads. Exceptions may be approved by the City Administrator. All management and supervisory staff are eligible for regional training sessions in Wisconsin, Iowa, North Dakota, and South Dakota, assuming general guidelines of this policy are met. On an exception basis, non -supervisory staff may be approved for regional training by the City Administrator. Training Sessions Within Minnesota Professional and technical employees are eligible for training sessions held anywhere within the State of Minnesota assuming general guidelines of this policy are met. All employees are eligible for local training (Monticello, St. Cloud, or the Twin Cities metro -area) under the same assumptions. Employees are expected to attend training sessions in the closest proximity to their work or home. Payment or Reimbursement for Training Whenever possible employees should use their City Purchasing Card to pay for approved training and follow applicable procedures for substantiation of payment. If not possible, the city will pre -pay registration costs directly to the organization sponsoring the training. A copy of the conference or meeting agenda listing registration fees, meals included therein, and official starting and ending dates must be provided to the finance department with prepayment requests. Requests for reimbursement of training costs must include a copy of the conference 72 or meeting agenda listing registration fees; meals included therein official start and ending dates and proof of payment. Memberships and Dues The purpose of memberships to various professional organizations must be directly related to the betterment of the services of the city. Normally one City membership per agency, as determined by the City Administrator, is allowed, providing funds are available. Upon separation of employment, when allowed by the professional organization, individual memberships paid for by the city will remain with the city and will be transferred to other employees by the department head. For additional information regarding training and reimbursement procedures contact the Human Resources Manager or Finance Department. 21.0 Travel Policy Purpose The purpose of this policy is to establish uniform and consistent guidelines for money spent traveling on official city business. The guidelines were developed using city practices, State regulations, and State Auditor recommendations. The policy and procedures relative to such travel are contained in the following statement. Travel by city officials and employees to attend a professional or municipal association meeting is beneficial to progressive local government. A person engaged in such travel for the benefit of the city has a responsibility to keep accurate, substantiated records and to submit a request for reimbursement in accordance with this policy. Payment of Travel Expenses Whenever possible employees should use their City Purchasing Card to pay for all travel -related expenses. If not possible, request for reimbursement must be submitted to the Finance Department and include receipts or statements clearly stating dates and itemized breakdown of expenses. Reimbursement for rental vehicles must include dates of rental, vehicle type and fees paid. Milage Reimbursement If a city vehicle is not available or it is not practical to use a city vehicle employees may choose to use their own personal vehicle and mileage will be reimbursed at the current IRS mileage reimbursement rate. Reimbursable mileage will be the lesser of actual miles driven from normal work location to training/meeting/conference location or the actual miles traveled from departure location to destination less the mileage of commute to normal work location. If this results in the employee traveling less miles, the city will not reimburse the employee for mileage. When more than one city employee uses the same personal car for travel, reimbursement shall be payable to the owner of the vehicle. 73 Out of State Travel Airfare or train fare for out-of-state travel in coach or economy class or the lowest available fare shall be the preferred mode of transportation. When authorized, an employee may choose to drive their personal vehicle and will be reimbursed the current mileage rate or the cost of coach or economy class fare, priced at least 14 days in advance of the travel, whichever is less. If the employee travels by some other mode than by air, the additional time required over the time the air would require will be taken as PTO or compensatory time. If paid time is not available, employees will not be reimbursed (paid) for extra time required for driving. Reimbursement for vehicular travel (meals, mileage, and lodging) shall not exceed the total cost of what airline travel would have been. Local transportation such as taxicab and Uber to and from airport, train station, lodging and conference, seminar or meeting is reimbursable only if circumstances require such travel. Costs for local transportation not pertaining directly to city business will be the responsibility of the employee and will not be reimbursed by the city. Rental Vehicles: Vehicle rental is only allowed with the approval of the City Administrator. Travel Credits: Employee are prohibited from earning milage credits or other benefits on personal accounts whenever public funds are used to pay for travel or vehicle rental. Meals The city authorizes and will reimburse elected officials and employees up to a maximum allowance of $12.00 for breakfast, $20.00 for lunch and $25.00 for dinner, excluding sales tax and gratuities/tips, whichever is less, while on city business. The reimbursement for gratuity/tip should not exceed 18% of the total costs of reimbursable costs. Alcoholic beverages are not eligible for reimbursement. The limits do not apply when meal expense is included in the cost of the training, conference, or seminar. Additionally, the city does not reimburse cost on a per diem basis but for actual cost incurred. Itemized receipts must be submitted to qualify for reimbursement and must clearly state the date, name of the establishment (pre-printed form), itemized list of purchased items, total, and gratuity (if appropriate) of no more than 18%. Reimbursement request without a receipt or non -itemized credit card receipts will not be reimbursed. Elected officials or employees may occasionally be in the position of having to provide a meal for other persons who have official business with the city. In addition, receipts for these meals must include the name of each person attending the meal along with a description of the public purpose/benefit of the meeting. The actual cost of the meals will be reimbursed in these instances however the cost of any alcoholic beverages will not be reimbursed. 74 Lodging Hotel or other authorized accommodations will be reimbursed at actual cost not to exceed the base occupancy rate and should be chosen based on reasonableness of cost and proximity to conference, meeting or training site. Each employee shall be allowed a base room. Unless previously approved by the City Administrator, overnight stays within sixty (60) miles of the City will not be reimbursed. Lodging costs, unless previously approved by the City Administrator, shall be reimbursable only from the night preceding a conference, seminar, or training through the night immediately following such event. Miscellaneous Expenses Time spent traveling to and from, as well as time spent attending a training session or conference, will be compensated in accordance with the federal Fair Labor Standards Act. 1. Employees who are passengers in a vehicle or airplane will be compensated for their normal workday for travel time. Drivers will be compensated for all travel time both during the normal workday and outside of the normal workday. The employee's supervisor will approve all overtime prior to registering for the training/seminar/meeting. 2. If the training/seminar/meeting hours including travel to/from are less than the normal work hours employees will use PTO or compensatory time to achieve normal work hours. 3. Employees will be paid eight (8) hours of pay for training/seminar/meeting, which require overnight stays. Telephone expenses incurred will be reimbursed only when their necessity for city purpose is fully accounted for. Reimbursable parking is limited to daily parking at destination business (meeting, conference, training, etc.) site and/or hotel site (when applicable). Valet parking and all other parking are not allowable. Gratuities/tips for service providers may be reimbursed as long as reasonable and serve the public purpose of the trip. Non -Reimbursable Expenses 1. The city shall not pay for any expenses, of which the costs are included in the registration fees. 2. Costs for alcoholic beverages shall not be reimbursed. 3. The city shall pay no expenses for a spouse/guest who accompanies the city official or employee to a conference, seminar, or meeting including the incremental lodging expenses of occupancy rates over base occupancy rates. 75 4. The city will not reimburse for personal telephone calls, rental of luxury vehicles, or recreational expenses such as golf or tennis unless included as part of the registration fees or previously approved by the City Administrator. Reimbursement Process To apply for reimbursement, an elected official/city employee must complete an "Employee Reimbursement Voucher" form. The completed form with expenditures totaled, detailed original receipts attached, and signed should be submitted to the department dead, who shall review and approve (by signing) such request. The department head shall forward the request to the Finance Department for reimbursement. The Finance Department will review the report and supporting documentation for completeness and accuracy. If complete the reimbursement check or deposit will be processed during the next regular accounts payable processing. If the request is not complete or supporting data does not meet policy guidelines, the request will be returned to the employee. Any exceptions to this policy must receive approval from the City Administrator whenever practicable prior to the conference, seminar, or training. 22.0 Internet/Email Policy This policy is intended to describe appropriate uses of City email, voicemail, and internet systems and consequences for inappropriate use. City email, voicemail, and internet access is provided for employees to efficiently conduct city business. It is to be limited to reasonable and necessary City -related purposes. Appropriate Use Defined These systems are not to be used for personal gain or to support or advocate for non -city - related purposes. Certain internet sites should never be accessed using city equipment or on city time. These include pornographic sites, non -work-related chat rooms, sites containing what would generally be considered objectionable material, or any other site that would violate the harassment policy or other personnel policies. Other prohibited uses include solicitations of funds, political messages and correspondence which would circumvent the open meeting law, data practices act, or human or civil rights acts. While the city recognizes that the internet contains a wealth of information that can and is being put to good use in the city, we are aware that it is very easy to lose hours of work time checking websites and researching information. Internet access, even for legitimate research purposes, should be limited to that which is reasonable and necessary. 76 Internet Use Expectations Follow established network etiquette. Many sites have posted rules, which users must follow, and all sites expect professional communication etiquette by all users. It is the user's responsibility to follow these rules of etiquette. 2. Safeguard confidential and non-public information. 3. Use the internet for work-related research and communication purposes, not for sending jokes. 4. Do not send, access, or display text or graphics that would be a violation of the Personnel Policies. 5. Obey the law and regulations in their application to copyright, licensed software and data. 6. Access only non-commercial sites on the internet. ("non-commercial" = sites free of charge) 7. Downloading of software off the internet or installation or personal software is strictly prohibited without review and approval from the IT staff; scan for viruses before opening attachments. 8. Use of the internet to solicit charitable donations is prohibited. Personal Use Employees are permitted to access personal email and utilize the internet using city equipment on a limited basis. Personal email and internet use should be infrequent, of limited duration, and not in violation of any city policies, department work rules, or laws. Any personal business conducted on city equipment is subject to monitoring if misuse is suspected. Confidentiality/Security While you may have a confidential password, remember that all city equipment and software, including email and voicemail is the property of the City. To ensure appropriate use or to investigate complaints, the city may need to monitor the use of computers and other city equipment, and to act when violations of this policy or other city policies occur. Supervisors may need to access an employee's voice mail and email when the employee is on vacation, on a leave of absence, no longer working for them, or if there is concern of misuse. This will only be done when necessary and for city business purposes. These individuals are restricted from disclosing any information garnered as part of performing their duties unless warranted by the policies outlined herein or by law. Since no computer system is completely secure, email is not intended to transmit confidential or sensitive information. Such information may more appropriately be communicated in written form or through personal conversation. Employees may not intentionally intercept, 77 eavesdrop, record, read, alter, or receive another person's email messages without proper authorization. This authorization can only be given by the City Administrator or his/her designee. Consequences of Misuse Abuse of this policy will be grounds for discipline in accordance with the discipline policy. Misuse of the internet, email, or voicemail can be grounds for dismissal, depending on the circumstances. 23.0 City Driving Policy General This policy applies to all employees who drive a city -owned vehicle for city business at least once per month. The city expects all employees who are required to drive as part of their job to drive safely and adhere to all traffic laws. The intent of this policy is to provide clear expectations of behavior and clear consequences for failure to adhere to the policy. Phone Usage While Driving While driving a motor vehicle or operating equipment, the use of cell phones or 2 -way radios should be limited. All Minnesota State laws regarding the use of cell phones while driving must be followed. Driving Records The city will confirm annually that all employees required to drive as part of their regular duties are properly licensed. Employees are required to provide all information needed to obtain these records. Loss of License or Restricted License Employees who lose their driver's license or receive restrictions on their license are required to notify their immediate supervisor on the first workday after any temporary, pending, or permanent action is taken on their license and to keep their supervisor informed of any changes thereafter. Normally, employees will be placed on unpaid leave immediately upon losing their license if driving is an essential duty. Employees will be required to use any accrued PTO in lieu of leave without pay. The city desires to retain good, qualified employees and at the same time reduce or limit liability for the city. Therefore, the city will attempt to reasonably accommodate an employee who has lost their license or has received restrictions that impact their ability to do their job. Positions where driving is an essential requirement of the job are normally more difficult to accommodate, particularly for long periods. The city will determine appropriate action on a case-by-case basis and will take the following into consideration: 78 In considering accommodations, other work that needs to be done must be readily available. 2. Any restrictions or revocation must be for less than 60 days for positions where driving is an essential requirement of the job. 3. The employee must be able to obtain a work permit within 30 days if driving is essential. 4. The accommodation cannot create a significant negative impact to the department or other employees. 5. The employee must be able to perform the majority of their regular job during a period of accommodation. The city will consider the employee's performance and discipline record in determining the length of time the city will accommodate but in no case will the city extend accommodations beyond sixty (60) days for positions where driving is an essential requirement of the job. As soon as the employee knows the length of time that they will be unable to drive, the department head, employee, supervisor and/or union representative will schedule a meeting to discuss the situation. In cases where the employee will not be able to legally drive for sixty (60) days or more (and cannot obtain a work permit) and where driving has been determined to be essential to the job, the employee will not be able to retain their job. The employee will be given the option to resign or be terminated. Employees with a good performance record may be eligible to stay with the City in a different position (if qualified and one is available) if it's determined by the City Council to be in the best interest of the city. In cases where the employee can obtain a work permit within 30 days, or where driving is not essential, the city will look at the possibility of a temporary workplace accommodation. If work accommodations can be found that meet the above criteria, the employee can remain employed, although other discipline may be considered depending on the circumstances. All accommodations must be approved by the department head and are subject to approval by the Personnel Committee. If on any given day, the employee cannot be accommodated due to the type of work being done, the employee will be sent home. The employee may use PTO, compensatory time, if applicable, or leave without pay in these instances. Examples of workplace accommodations include: • Assigning other work that needs to be done and does not involve driving. • Assigning an employee to ride with a coworker driving where the task normally requires two or more employees to ride together and it does not decrease the efficiency of the operation. • For positions where the driving is much less frequent (once per week or less) and involves going to a meeting outside of the office or other city building away from 79 their normal worksite, it may be feasible to use a taxi or a non -city employee to get there and back. However, when other transportation is authorized, the expense must be paid by the employee. An employee who drives in an illegal, careless, or unsafe manner while on duty, will be subject to additional sanctions including the possibility of discipline and/or loss of work accommodation. It is expected that all employees who are covered by this policy maintain a good driving record. Use of Municipal Vehicles The intent of this policy is to provide clear direction on authorized use of municipal vehicles and compliance with Minnesota Statutes governing the personal use of publicly owned vehicles. Certain designated city employees are authorized take-home vehicles based on the demonstrated need to respond to emergencies outside of their normal scheduled work hours. The City Administrator with City Council approval will approve all ongoing take home vehicle assignments. Department heads with the approval of the City Administrator will approve restricted or occasional take home vehicle assignments. Overall, city vehicles generally fall into two (2) categories: Staff cars, vans, and trucks marked with City emblem or City and Department emblems. 2. Public Works trucks and equipment. The following rules shall apply as indicated: Vehicles are provided to employees to assist in conducting city business. Use of city - owned property and vehicles outside work hours will be allowed only in situations where such use constitutes a benefit to the city. 2. Employees may not be under the influence of illegal drugs, alcohol or legal drugs that impair an employee's driving ability. Employees may not transport or purchase alcohol while using a city vehicle unless required to do so as part of assigned work duties (i.e. liquor store employees). 3. Employees may not use city vehicles to travel outside of the Monticello area unless approved by the department head or in a work-related emergency with the exception of approved job-related meetings and/or training outside the city. 4. Incidental personal use, determined to be appropriate by the department head, during the workday (or for take home vehicles on the way to and from work) is permitted on a limited basis. Limited personal errands, including going to lunch during an authorized lunch break, is permitted if near the work site if such personal use does not substantially alter the employee's scheduled work activities or route to or from a work site, and does not violate other existing departmental or city policies or rules. 5. City vehicles should never be used in situations that are exclusively for personal use. Personal use of vehicles that involves driving significantly out of your normal route to and from home is not permitted. 6. Heavy equipment/vehicles should not be used to enter onto private property to avoid potential damage to the private pavement. 7. City employees should not transport individuals other than city employees or individuals involved in city work. 8. Smoking and vaping is prohibited in all city vehicles. Any exceptions to this policy require approval by the department head, or in the case of department heads, by the City Administrator. Violations of this policy may result in discipline. 24.0 Policy Prohibiting Employee Possession of Firearms The City of Monticello prohibits all employees from carrying or possessing firearms while acting in the course and scope of employment for the city. The possession or carrying of a firearm by employees is prohibited while working on city property or while working in any location on behalf of the City of Monticello. This includes but is not limited to: 1. Driving on city business. 2. Riding in a car or in any type of mass transit while on city business. 3. Working at any city building. 4. Working off-site on behalf of the city. 5. Performing emergency on-call work after normal business hours and on weekends. 6. Working at private residences and businesses on behalf of the city. 7. Attending training, meetings, or conferences on behalf of the city. An exception to this policy is that city employees may carry and possess firearms in city -owned parking areas if they are not working on behalf of the city and have the proper permit. Employees having the proper permit, who must drive their personal vehicles on city business, must lock their firearm in their trunk before using their vehicle for city business and leave it in their locked trunk until the city business is completed. When responding to on-call work from home after regular hours, an employee is prohibited from bringing a firearm in their private vehicles unless the firearm remains in the trunk of their vehicle in a parking lot. No firearms will be allowed in city vehicles since city vehicles are only to be used for city business. Violations of this policy are considered a major work infraction and are subject to disciplinary action in accordance with the city's discipline procedures policy. 81 25.0 City Cell Phone Stipend Purpose The purpose of this policy is to identify which employees/positions are required to carry a cell phone and will be paid a monthly stipend for use of their personal cell phone for city business. General Provisions The department director and City Administrator will jointly determine which employees are required to carry a cell phone for city business based on the criteria listed below. Cell phone stipends will be assigned to employees who must remain accessible due to the nature of their duties and/or those who must be available for emergency response or consultation. Criteria The determination to provide a cell phone stipend will be determined by the following criteria: 1. Public Demand and Response 2. Emergency Responsibilities 3. Time Spent Out of Office 4. After Hours Staff Demands 5. Efficiency in Position This policy and criteria will be reviewed whenever there is a change in an employee's position and/or responsibilities. City Expectations 1. Employees are expected to keep their cell phones turned on during their designated working and on-call hours to assure they can be reached. 2. Incoming and outgoing personal calls during work hours should be limited to emergencies so as not to interfere with city business or the performance of the employee's job. 3. Use of a cell phone while driving a vehicle is strongly discouraged and should be limited. All Minnesota State laws regarding usage of a cellular telephone while driving must be followed. 4. Any violations of this policy and its guidelines will be cause for disciplinary action in accordance with the City's discipline policy. Monthly Stipend Purpose The monthly allowance is intended to cover the cell phone expenses related to the employee's work duties. The allowance amount will be determined by the level of service required (data or voice only) and will be established based on the average cost of similar plans and the benefit amount provided by comparable cities. 82 Guidelines: Employees are responsible for payment of monthly premiums to the provider and any overage charges and late fees associated with their account. 2. Initial purchase of the cell phone, accessory equipment, and activation fees will be the responsibility of the employee. The employee will pay all costs exceeding the amount of the cell phone allowance. 3. Employees are responsible for obtaining and maintaining cell phone service through a reliable provider who provides service in the local calling area of Monticello. 4. Employees are responsible for reporting their cell phone numbers to their supervisor. 5. No allowance will be paid when an employee is in leave status exceeding sixty 60 days, unless approved by the City Council. 6. Cell phones stipends are subject to tax treatment per IRS guidelines. 26.0 Resignations Notice Reauired to be in Good Standin Employees wishing to leave the City service in good standing shall provide a written resignation notice to their supervisor, at least ten (10) working days before leaving. Exempt employees shall provide written notice to their supervisor, at least fifteen (15) working days before leaving. The written resignation must state the effective date of their resignation. Failure to comply with this procedure may be considered cause for denying such employees severance pay and future employment with the city. PTO, compensatory time, and ESST will not normally be approved after giving notice. The city administrator must approve any exceptions to this policy. The Human Resources Manager will schedule and conduct exit interviews with all full-time employees to review their final paychecks and benefit continuation options. All employees will also be sent a link to complete an online exit survey to provide feedback on benefits, supervision, and pay. Advance Resignation Notice Program Purpose The city's Advance Resignation Notice Program is designed to improve the efficiency and stability of the city's workforce by encouraging employees to give the city advance notice of their intent to resign. The purpose of this program is to begin the process of replacing an employee who is leaving the city as soon as possible after notice is received reducing the time a position remains unfilled and, in some cases, allowing for a transfer of knowledge from the outgoing to the incoming employee. 83 Eligibility This program is available to active regular full-time employees who have been employed in a regular full-time position with the City for a minimum of five (5) years. The City reserves the right to not replace any employee who resigns, and/or to modify the position and duties prior to hiring a new employee. This decision will not affect a current employee's eligibility for an Advance Notice payment. Notice and Use of Leave In order to be eligible for an Advance Notice payment an employee must give at least 90 calendar days' notice to the employee's supervisor before his or her last day of work. The last day of work is defined for this program as the last day that an employee will be actively working for the city. The city reserves the right to approve or deny requests for use of accrued PTO during the 90 -180 -day period. It is the policy and intent that an employee requesting an Advance Notice Incentive remains actively working for the city and limits the use of PTO during the final 90 -180 -day period. City Expectations In order to be eligible for the one-time payment noted below, the departing employee will be expected to train the replacement or new hire to the extent possible by transferring knowledge and preparing documentation of the position as necessary. Agreement Acceptance The agreement must be signed by the employee, department director, and the Human Resources Manager to be effective. The City reserves the right to refuse to enter into this agreement with any employee. For purposes of this policy, the term day(s) shall mean calendar day(s). Payment The city will provide the following one-time payment for advance notice: Ninety (90) days: $1000 One Hundred Twenty (120) days: $1500 One Hundred Eighty (180) days: $2000 Payment will be made on or after the employment termination date. Payment will not be made if the employee or the city rescinds the resignation. Payment is subject to taxation and required deductions. Recission Period An employee has ten (10) calendar days from the date the employee signs the agreement to rescind the Advance Resignation Notice. After the city has accepted the resignation and after the duration of the Employee's 10 -day rescission period, the resignation become irrevocable, 84 and the Employee may no longer rescind it without the city's agreement to either permit rescission or defer the resignation. Refusing to accept the Advance Notice payment will not void the Agreement. In the event the Employee breaches this Agreement by terminating employment with the city in advance of the agreed upon resignation date, the Employee forfeits all eligibility for any advance resignation incentive. If a qualifying Family/Medical Leave Act (FMLA) event occurs during the effective period (90- 180 days) of the agreement, such event shall be characterized as a breach for good cause and the city shall release the employee from the agreement and disqualify the employee from the incentive payment. Employee Retirement Recognition The city will provide a cake and refreshment reception for all retiring employees and contribute up to $250 towards the cost of food for a retirement celebration for any employee who has worked for the city for at least 20 years. 27.0 Severance Pay Severance pay includes earned PTO under the provisions cited below. 1. Employees leaving in good standing will receive 100% of their earned PTO balance paid as cash. 2. The earned PTO balance includes prior year carry over and the unused, pro rata earned amount in the year of severance. The unused, pro reata earned amount can be a negative number if the employee uses more than is earned in the year of severance. 3. Employees will be paid 100% of their compensatory time balance upon termination regardless of standing. 4. EMB hours are not paid out at termination. 5. ESST is not paid out at termination. 28.0 Safety The health and safety of each employee of the city and the prevention of occupational injuries and illnesses are of primary importance to the city. To the greatest degree possible, management will maintain an environment free from unnecessary hazards and will establish safety policies and procedures for each department. Adherence to these policies is the responsibility of each employee. Overall administration of this policy is the responsibility of each supervisor. Safety Equipment/Gear Where personal protective safety equipment and clothing is required by federal, state, or local rules and regulations, it shall be a condition of employment that employees wear such 85 equipment. The city provides personal protective equipment (PPE) consistent with established standards. Employees may request to have PPE that exceeds established standards but, if approved, the employee will be required to pay the difference. An employee observed not wearing the proper safety equipment or violating safety procedures will be sent home from work and a written statement of the incident shall be included in the employee's personnel file. Violation of safety equipment requirements and/or safety policies or procedures may be grounds for a written reprimand, suspension, or termination. Reporting Accidents and Illnesses Both Minnesota workers' compensation laws and the state and federal Occupational Safety and Health Acts require that all on the job injuries and illnesses be reported as soon as possible by the employee, or on behalf of the injured or ill employee, to his/her supervisor. The employee's immediate supervisor is required to complete a First Report of Injury and any other forms that may be necessary related to an injury or illness on the job. All accidents between City equipment and private vehicles or private property should be reported by notifying the local law enforcement agency at the time of the accident as well as the employee's supervisor. A review of accidents will be conducted in accordance with the procedure set forth in the Safety Manual. Unsafe Behavior Supervisors are authorized to send an employee home immediately when the employee's behavior violates the city's personnel policies, department policies, or creates a potential health or safety issue for the employee or others. Access to Gender -Segregated Activities and Areas With respect to all restrooms, locker rooms or changing facilities, employees will have access to facilities that correspond to their gender identity, regardless of their sex at birth. The city maintains separate restroom and/or changing facilities for male and female employees and allows employees to access them based on their gender identity. In any gender -segregated facility, any employee who is uncomfortable using a shared facility, regardless of the reason, will, upon the employee's request, be provided with an appropriate alternative. This may include, for example, addition of a privacy partition or curtain, provision to use a nearby private restroom or office, or a separate changing schedule. However, the city will not require a transgender or gender diverse employee to use a separate, nonintegrated space, unless requested by the transgender or gender diverse employee, because it may publicly identify or marginalize the employee as transgender. The decision should be left to the employee to determine the most appropriate and safest option for them. Under no circumstances may employees be required to use sex -segregated facilities that are inconsistent with their gender identity. 29.0 Security Cameras The purpose of this policy is to govern the use of all video security cameras administered by the City of Monticello. This policy is established to set parameters regarding the use of video cameras in public places and applies to systems that enable continuous or periodic routine video monitoring on a sustained basis. Purpose of Cameras The City of Monticello strives to maintain a safe and secure environment for its staff and patrons. Selected areas of city premises are equipped with video security systems that record images twenty-four hours a day. The city's video security system is used for the protection and safety of patrons, employees, and property. Location of Cameras Reasonable efforts will be made to safeguard the privacy of patrons and employees. Video cameras will not be positioned in areas where there is a reasonable expectation of personal privacy such as in restrooms, locker rooms and employee break rooms. The video cameras will be positioned to record only those areas specified by the city and will complement other measures to maintain a safe and secure environment in compliance with city policies. No "dummy" video cameras will be employed. "Dummy" cameras currently in place will be phased out and replaced with working cameras. Signage Signs will be posted at the building entrances where security cameras are in use. Out -door and rooftop cameras will also have signage that is visible to the public. Access to Live Video Although not continuously observed, live video feeds may be monitored by employees during the course of their regular duties to manage activity in city buildings and on the grounds. Access to Stored Video Stored images may be reviewed by authorized city staff for any management purpose including supervision of employees, to investigate a possible violation of city policy or an illegal activity, or for the protection and safety of patrons, employees, and property. Images from the city video security systems are stored digitally. The city will retain all recorded images for no more than 30 days or until the capacity of the storage system is reached, whichever occurs first. In some circumstances the city may be required to retain all recorded images for a longer period of time if mandated by state or federal law. When recorded images are pulled as a result of an incident, these records will be held for one year following the conclusion of an investigation or legal proceeding. Any records produced by the video security system will be kept in a secure manner. 87 Use/Disclosure of Archived Video Archived video from security cameras is identified as security data by Minnesota State Statute Section 13.37. In the event of an incident, the City Administrator may release digital records to appropriate law enforcement officials. Violations of this policy will be reported to the City Administrator. 30.0 DOT Drug and Alcohol Policy Purpose This policy describes the city's Drug and Alcohol Program for certain personnel required to hold Commercial Driver's Licenses. The city is concerned about providing a safe workplace for its employees, and while the city does not intend to intrude into the private lives of its employees, it is the goal to provide a work environment conducive to maximum safety and optimum work standards. Alcohol and drug abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers' compensation claims, higher insurance rates, and an increase in theft of city property. The use, possession, manufacture, sale, transportation, or other distribution of controlled substance or controlled substance paraphernalia and the unauthorized use, possession, transportation, sale, or other distribution of alcohol is contrary to this policy and jeopardizes public safety. Policy This policy applies to every city employee (full-time, part-time, and temporary) and applicant for employment in the case of pre-employment drug testing who holds a Commercial Driver's License (CDL) and whose job description requires the employee to drive a Commercial Motor Vehicle (CMV). This policy implements the drug and alcohol testing requirements of the Federal Motor Carrier Safety Administration (FMCSA), an agency of the U.S Department of Transportation (DOT). It is in addition to the City -Drug and Alcohol Policy which is established under Minnesota state law and the Drug Free Workplace Act of 1988. It is the City's intention to comply fully with the DOT regulations. Because changes in applicable law and the city's practices and procedures may occur from time to time, this policy may change in the future, and nothing in this policy is intended to be a contract, promise, or guarantee the city will follow any particular course of action, disciplinary, rehabilitative or otherwise, except as required by law. Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent over this policy to the extent the policy has not incorporated those revisions. M Given the significant dangers of alcohol and controlled substance use, each applicant and driver must abide by this policy as a term and condition of hiring and continued employment. Moreover, federal law requires the city to implement such a policy. To ensure this policy is clearly communicated to all drivers and applicants, and in order to comply with applicable federal law, drivers and applicants are required to review this policy and sign the "Certificate of Receipt" portion. Definitions Definitions as used under this Policy set forth below and in greater detail in 49 C.F.R. §§ 40.3 and 382.107. Accident — An occurrence involving a commercial motor vehicle operating on a public road which results in a fatality; bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. The term "accident" does not include an occurrence involving only boarding and alighting from a stationary motor vehicle; an occurrence involving only the loading or unloading of cargo; or an occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle unless the vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 49 C.F.R. § 177.823. See 49 C.F.R. §§ 382.303(a); 382.303(f), 382.303(h), and 390.5. Alcohol —The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. 49 C.F.R. §382.107. Alcohol Concentration (or Content)- The alcohol on a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 49 C.F.R. § 382.107. Alcohol Use —The drinking, swallowing, or consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. 49 C.F.R. §382.107. Applicant- A person who applies to a State or other jurisdiction to obtain, transfer, update, or renew a CDL or to obtain or review a Commercial Learner's Permit (CLP) or any endorsement that would permit the person to operate a CMV. 49 C.F.R. §383.5. Breath Alcohol Technician or BAT— An individual who instructs and assists individuals in the alcohol testing process and operates and evidential breath testing device. 49 C.F.R. §40.3. City—The City of Monticello, Minnesota. City Premises—All job sites, facilities, offices, buildings, structures, equipment, vehicles, and parking areas, whether owned, leased, used or under the control of the city. :• Collection Site — A place designated by the City where drivers present themselves for the purpose of providing a specimen of their urine or breath to be analyzed for the presence of alcohol or controlled substances. 49 C.F.R. §40.3. Commercial Motor Vehicle (CMV) — A CMV is a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or Is designed or used to transport more than eight passengers (including the driver) for compensation; or Is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation: or Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 C.F.R., subtitle B, chapter I, subchapter C. 49 C.F.R. § 390.5. Fire trucks and other emergency fire equipment are not considered to be commercial vehicles under this policy. Confirmation (or Confirmatory) Test — For alcohol testing means a second test, following a positive non -evidential (e.g., saliva) screening test or a breath alcohol screening test with the result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substance testing, "Confirmation (or Confirmatory) Test" means a second analytical procedure to identify the presence of a specific controlled substance or metabolite which is independent of the screen test, and which uses a different technique and chemical principal from that of the screen test in order to ensure reliability and accuracy. 49 C.F.R. § 382.107. Confirmatory Re -Test — A third testing of the original test sample when the confirmatory test produces a positive test result. A confirmatory retest is done at the request and the expense of the employee/applicant. Controlled Substances (Drugs)—Those substances identified in 49 C.F.R. § 40.85. Marijuana, amphetamines, opioids, (including heroin), phencyclidine (PCP), cocaine, and any of their metabolites are included within this definition. 49 C.F.R. § 382.107; 49 C.F.R. § 40.85. Department of Transportation or DOT- Means the United States Department of Transportation. HHS—The Department of Health & Human Services or any designee of the Secretary, Department of Health & Human Services. 49 C.F.R. §40.3. Disabling Damage - Damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so driven. a Disabling damage does not include damage which can be remedied temporarily at the scene of the accident without special tools or parts, tire disablement without other damage even if no spare tire is available, headlight or taillight damage or damage to turn signals, horn or windshield wipers which make them inoperative. 49 C.F.R. § 382.107. Driver — Any person who operates a commercial motor vehicle. This includes, but is not limited to full-time, regularly employed drivers; casual, intermittent, or occasional drivers; leased drivers and independent owner -operator contractors who are either directly employed by or under lease to the city or who operate a commercial motor vehicle at the direction of or with the consent of the city. For purposes of pre-employment testing, the term driver includes a person applying to drive a commercial motor vehicle. The word driver and employee will be used throughout this policy interchangeably. 49 C.F.R. § 382.107. Drug- Has the same meaning as "controlled substance.) Employee Seeking a Transfer — Refers to an employee who is not subject to DOT regulations seeking a transfer to a position that will subject them to DOT regulations in the sought after position. Evidential Breath Testing Device (EBT) — A device that is approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and appears on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices." 49 C.F.R. § 40.3. Federal Motor Carrier Safety Administration (FMCSA) —The Federal Motor Carrier Safety Administration of the Unite States Department of Transportation. Medical Review Officer (MRO) — A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by a controlled substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. 49 C.F.R. § 40.3 Performing (a Safety -Sensitive Function) — Any period in which a driver is actually performing, ready to perform, or immediately available to perform any safety -sensitive functions. 49 C.F.R. §382.107. Positive Test Result — A finding of the presence of alcohol or controlled substance, or their metabolites, in the sample tested in levels at or above the threshold detection levels established by applicable laws. Reasonable Suspicion- A belief a driver has engaged in conduct prohibited by the FMCSA controlled substance and alcohol testing regulations, except when related solely to the possession of alcohol, based on specific contemporaneous, articulable observations made by a supervisor or City official who has received appropriate training concerning the appearance, 91 behavior, speech, or body odors of the driver. The determination of reasonable suspicion will be made in writing on a Reasonable Suspicion Record Form during, just preceding, or just after the period of the workday that the driver is required to be in compliance with this policy. In the case of a controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance or any other indicia of controlled substance use. Refusal to Submit — Refusal to submit to an alcohol and/or a controlled substance test occurs when an employee/applicant: Fails to provide adequate breath for testing without a valid medical explanation after he/she has received notice of the requirement for breath testing. Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he/she has received notice of the requirement for urine testing. Engages in conduct that clearly obstructs the testing process, such as providing an adulterated or substituted specimen. Safety -Sensitive Function- All time from the time a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work and all responsibility for performing work. Safety -sensitive functions include: All time at a city plant, shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer. All time inspecting equipment as required by 49 C.F.R. §§ 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time. All time spent at the driving controls of a commercial motor vehicle in operation. All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 49 C.F.R. § 393.76). All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 49 C.F.R. § 382.107. Screening Test (also known as Initial Test) — In alcohol testing, means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system or in a breath or saliva specimen. Screening tests may be conducted by utilizing a non - evidential screening device included by the National Highway Traffic Administration on its conforming products list (e.g., a saliva screening device) or an evidential breath testing device 92 (EBT) operated by a trained breath alcohol technician (BAT). In controlled substance testing, "Screening Test" means an immunoassay screen to eliminate "negative" urine specimens from further analysis or to identify a specimen that requires additional testing for the presence of drugs. 49 C.F.R. § 382.107. Substance Abuse Professional (SAP) — A licensed physician (medical doctor or doctor of osteopathy), licensed or certified psychologist, licensed or certified social worker, licensed or certified employee assistance professional, or licensed or certified addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission, the International Certification Reciprocity Consortium, or the National Board for Certified Counselors) with knowledge of clinical experience in the diagnosis and treatment of alcohol and controlled substance -related disorders. 49 C.F.R. §§ 40.3, 40.281. Prohibitions An employee covered by this policy shall not do the following. Report for duty, operate City vehicles, equipment, or machinery, perform safety sensitive functions, or remain on City property while having any detectable or measurable amount of alcohol in his/her system or while under the influence of illegal drugs. 2. Use, possess, sell, distribute, manufacture, or transport illegal drugs or alcohol while on City property, while operating City equipment, or while on duty. 3. Consume alcohol within four (4) hours before operating a City vehicle. 4. Attempt to perform job duties when taking medically prescribed drugs or other substances which may alter job performance unless the employee has been advised by a licensed medical practitioner that the prescription drug will not adversely affect the driver's ability to safely operate a CMV. If the prescription drug does affect performance, the employee must notify his/her supervisor. 5. Refuse to submit to a required drug and/or alcohol test as required under this policy. Any supervisor or manager who has actual knowledge that an employee has violated or attempted to violate any of the above prohibitions shall not permit the employee to perform any job duties, nor to remain on duty. An employee found to be in violation of any of the provisions of this policy shall be subject to discipline up to and including termination from employment. See section titled, "Consequences for Employees Engaging in Prohibited Conduct" of this policy for more information. Types of Testing The City may test any applicant to whom a conditional offer of employment has been made and may test any Driver for controlled substance and alcohol under any of the following circumstances. 93 Pre -Employment Testing All applicants, including current employees seeking a transfer, applying for a position where duties include performing safety -sensitive duties described above, will be required to take a drug test prior to the first time a driver performs a safety -sensitive function for the city. A driver may not perform safety -sensitive functions unless the driver has received a controlled substance test result from the Medical Review Officer ("MRO") indicating a verified negative test result. In addition to pre -employment -controlled substance testing, applicants will be required to authorize in writing former employers to release alcohol test results of .04 or greater, positive controlled substance test results, refusals to test, other violations of drug and alcohol testing regulations, and completion of return to duty requirements within the preceding three (3) years. All applicants, including current employees seeking a transfer, applying for a position where duties include performing safety -sensitive duties described above, will be required to take an alcohol test prior to the first time a driver performs a safety -sensitive function for the city, but only after a conditional offer of employment has been made. No applicant, including current employees seeking a transfer, will perform safety -sensitive functions unless the driver has received an alcohol test result from the MRO indicating a test result of .04 or less Blood Alcohol Content ("BAC"). Beginning in 2020, an applicant must provide consent to the city, and successfully pass a full query of the Federal Motor Carrier Safety Administration's Clearinghouse prior to hire. In addition, at least once a year, the City will conduct a limited query of the Clearinghouse for each currently employed CDL driver. If the limited query reveals that the Clearinghouse has information about resolved or unresolved drug and alcohol program violations by a candidate or current employee, he or she will be asked to provide electronic consent to a full query of the Clearinghouse (unless he or she has previously provided electronic consent). In the event a full query of the Clearinghouse reveals unresolved violation information for a candidate or current employee, the driver will not be permitted to perform safety -sensitive functions, including the operation of a Commercial Motor Vehicle and, in the case of a candidate, may have their conditional offer of employment rescinded or, in the case of a current employee, may be subject to discipline. Post -Accident Testing As soon as practicable following an accident involving a commercial motor vehicle while being operated for the city, the city will test for alcohol and controlled substance of each surviving Driver when the following occurs. 1. The accident involved a fatality or 2. The driver receives a citation for a moving traffic violation for the accident, and an injury is treated away from the accident scene or 94 3. The driver receives a citation for a moving traffic violation for the accident and a vehicle is required to be towed from the accident scene. A driver who is subject to post -accident testing must remain readily available for such testing or will be deemed by the city to have refused to submit to testing. This requirement to remain ready for testing does not preclude a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary medical care. Post -Accident Controlled Substance Testing Drivers are required to submit a urine sample for post -accident -controlled substance testing as soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the city will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not promptly administered. Post -Accident Alcohol Testing Drivers are required to submit to post -accident alcohol testing as soon as possible within two (2) hours, and in any event no more than eight (8) hours after the accident. After an accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested within two (2) hours after the accident, the city will prepare and maintain on file a record stating why the test was not administered within that time. If the driver is not tested within eight (8) hours after the accident, the City will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not administered. The city may accept the results of a blood, urine, or breath test to determine if a driver has any alcohol or controlled substances in his/her system if: 1. The tests are conducted by federal, state, or local officials having independent authority for the test; and 2. The tests conform to applicable federal, state, or local testing requirements; and 3. The test results can be obtained by the city. Whenever such a test is conducted by a law enforcement officer, the driver must contact the city and immediately report the existence of the test. The driver must provide the name, badge number, and telephone number of the law enforcement officer who conducted the test. Random Testing Every driver will be subject to unannounced alcohol and controlled substance testing on a random selection basis. Drivers will be selected for testing by use of a scientifically valid method under which each driver has an equal chance of being selected each time selections are made. These random tests will be conducted throughout the calendar year. Each driver who is notified of selection for random testing must cease performing safety -sensitive functions and report to the designated test site immediately. It is mathematically possible drivers may be selected be picked and tested more than once, and others not at all. 95 If a driver is selected for a random test while he or she is absent, on leave or away from work, that driver will be required to undergo the test when he or she returns to work. At this time, federal law requires the City to test at a rate of at least fifty percent (50%) of its average number of drivers for controlled substance each year, and to test at a rate of at least ten percent (10%) of its average number of drivers for alcohol each year. These minimum testing rates are subject to change by the DOT. Reasonable Suspicion Testing When a supervisor has reasonable suspicion to believe the driver has engaged in conduct prohibited by federal law or this policy, the City must require the driver to submit to an alcohol and/or controlled substance test. Alcohol testing will occur while the driver is performing safety -sensitive functions, just before the driver is to perform safety -sensitive functions, or just after the driver has ceased performing such functions. The City's determination that reasonable suspicion exists to require the driver to undergo an alcohol test will be based on "specific contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver." In the case of controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance. The required observations for reasonable suspicion testing will be made by a supervisor or other person designated by the City who has received appropriate training in identification of actions, appearance, and conduct for a driver which are indicative of the use of alcohol or controlled substance. These observations will be reflected in writing on a Reasonable Suspicion Record Form. The person who makes the determination that reasonable suspicion exists to conduct testing will not be the person conducting the testing, which shall instead be conducted by another qualified person. If a reasonable suspicion alcohol test is not administered within two (2) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not administered and will cease attempts to conduct the alcohol test. If a reasonable suspicion -controlled substance test is not administered within thirty-two (32) hours following the determination of reasonable suspicion, the City will cease attempts to administer a controlled substance test and will prepare a record stating the reasons for not administering the test. Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or remain on duty requiring the performance of safety -sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol use, nor will the city permit the driver to perform or continue to perform safety -sensitive functions until (1) an alcohol test is administered and the driver's alcohol concentration is less than 0.02; or (2) twenty-four (24) hours have elapsed following the determination of reasonable suspicion. Return -to -Duty Testing The City reserves the right to impose discipline against drivers who violate applicable FMCSA rules or this policy, subject to applicable personnel and collective bargaining agreements. Except as otherwise required by law, the city is not obligated to reinstate or requalify such drivers for a first positive test result. Should the city consider reinstatement of a DOT covered driver, the driver must undergo a Substance Abuse Professional (SAP) evaluation and participate in any prescribed education/treatment, and successfully complete return -to -duty alcohol test with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved a controlled substance, before the driver returns to duty requiring the performance of a safety -sensitive function. The SAP determines if a driver has completed the education/treatment as prescribed. The driver is responsible for paying for all costs associated with the return -to -duty test. The controlled substance test will be conducted under direct observation. Follow -Up Testing The City reserves the right to impose discipline against drivers who violate applicable FMCSA rules, subject to applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the city is not obligated to reinstate or requalify such drivers. Should the City reinstate a driver following determination by a Substance Abuse Professional that the driver needs assistance to resolve problems associated with alcohol use and/or use of controlled substance, the city will ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency of such follow-up testing will be directed by the SAP and consist of at least six (6) tests in the first twelve (12) months following the driver's return to duty. Follow-up testing will not exceed sixty (60) months from the date of the driver's return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines such test is no longer necessary. The driver is responsible for paying for all costs associated with follow-up tests. Follow-up alcohol testing will be conducted only when the driver is performing safety -sensitive functions, just before the driver is to perform safety -sensitive functions, or just after the driver has ceased performing safety -sensitive functions. 49 C.F.R. § 40.307(d). 97 Cost of Reauired Testin The city will pay for the cost of pre-employment, post -accident, random, and reasonable suspicion -controlled substance and alcohol testing requested or required of all job applicants and employees. The driver must pay for the cost of all requested confirmatory re -tests, return - to -duty, and follow-up testing. Required Prior Controlled Substance and Alcohol Checks for Applicants The City will conduct prior drug and alcohol checks of applicants for employment to drive a commercial motor vehicle. Applicants must execute a consent form authorizing the City to obtain the required information. The City will obtain (pursuant to the applicant's written consent) information on the applicant's alcohol test with a concentration result of 0.04 or greater, positive controlled substance test results, and refusals to be tested within the preceding three (3) years which are maintained by the applicant's previous employers. The City will obtain all information concerning the applicant which is maintained by the applicant's previous employers within the preceding three (3) years pursuant to DOT and FMCSA controlled substance and alcohol testing regulations. The City will review such records, if feasible, prior to the first time a driver performs safety -sensitive functions. Prohibited Conduct The following conduct is explicitly prohibited by applicable DOT and FMCSA regulations and therefore constitutes violation of city policy. Under the Influence of Alcohol when Reporting for Duty or While on Duty No driver may report for duty or remain on duty requiring the performance of safety -sensitive functions while having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or remaining on duty to perform safety -sensitive functions while having an alcohol concentration of 0.02, but less than 0.04, will be removed from duty for 24 hours, escorted home, and placed on unpaid leave for hours missed from work. Employees may choose to use PTO or compensatory time to cover their lost wages. On -Duty Use of Alcohol No driver may use alcohol while performing safety -sensitive functions. Pre -Duty Use of Alcohol No driver may perform safety -sensitive functions within four (4) hours after using alcohol. If an employee has had alcohol within four (4) hours, they are to notify their supervisors before performing any safety -sensitive functions. Alcohol Use Following an Accident No driver required to take a post -accident alcohol test may use alcohol for eight (8) hours following the accident, or until the driver undergoes a post -accident alcohol test, whichever occurs first. Refusal to Submit to a Required Alcohol or Controlled Substance Test No applicant or driver may refuse to submit to pre-employment, post -accident, random, reasonable suspicion, or follow-up alcohol or controlled substance testing. In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause disqualification from performing safety -sensitive functions, and may appear on the driver's permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to an including termination. In accordance with the Federal Motor Carrier Safety Administration's (FMCSA) Commercial Driver's License (CDL) Drug and Alcohol Clearinghouse reporting requirements, beginning January 6, 2020, the City will report a driver's refusal to submit to a DOT test for drug or alcohol use to the Clearinghouse within three (3) business days. If an applicant refuses to submit to pre -employment -controlled substance testing, any applicable conditional offer shall be withdrawn. For purposes of this section, a driver is considered to have refused to submit to an alcohol or controlled substance test when the driver: 1. Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing. 2. Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing. 3. Fails to report for testing within a reasonable period of time, as determined by the city. 4. Fails to remain at a testing site until testing is complete. 5. In the case of directly observed or monitored collection, fails to permit observation or monitoring. 6. Fails or declines to take a second test as required by the city and/or collector. 7. Fails to undergo a medical examination as directed by the city pursuant to federal law. 8. Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise cooperate in any way that prevents the completion of the testing process. 9. Engages in conduct that clearly obstructs the test process. Alterina or Attemotina to Alter a Urine Samole or Breath Test A driver altering or attempting to alter a urine sample or controlled substance test, or substituting or attempting to substitute a urine sample, will be subject to providing a specimen under direct observation. Both specimens will be subject to laboratory testing. In such case, the employee may be subject to immediate termination of employment and any job offer made to an applicant will be immediately withdrawn. Controlled Substance Use No driver may report for duty or remain on duty requiring the performance of safety -sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the driver in writing that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. Drivers must forward this information regarding therapeutic controlled substance use to the city immediately after receiving any such advice and sign any necessary releases of information for the City to verify this information. Having a medical marijuana card and/or a cannabis prescription from a physician does not allow anyone to use or possess that drug in the city's workplace. The federal government still classifies cannabis as an illegal drug. There is no acceptable concentration of marijuana metabolites in the urine or blood of an employee who performs safety -sensitive duties for the city. Employees are still subject to being tested under our policies, as well as for being disciplined, suspended or terminated after testing positive for cannabis while at work. Controlled Substance Testing No driver may report for duty, remain on -duty, or perform a safety -sensitive function if the driver tests positive for controlled substance. Collection and Testing Procedures Drivers are required to report immediately upon notification to the collection site. For random tests conducted off site, employees may use a City vehicle to drive to the collection site. Drivers will be expected to provide a photo ID card for identification to the collection staff. All drivers will be expected to cooperate with collection site personnel request to remove any unnecessary outer garments such as coats, sweaters or jackets. Drivers will be required to empty their pockets. Collection personnel will complete a Federal Custody and Control Form ("CCF") which drivers providing a sample will sign as well. Alcohol Testing Employees will be tested for alcohol just before, during, or immediately following performance of a safety -sensitive function. If a driver is also taking a DOT controlled substance test the alcohol test is completed before the urine collection process begins. Screening tests for alcohol concentration will be performed utilizing a non -evidential screening device included by the 100 National Highway Traffic Safety Administration on its conforming products list (e.g., a saliva screening device) or an evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT) at a collection site. An alcohol test usually takes approximately 15 minutes if the result is negative. If a driver's first attempt is positive (with an alcohol concentration of .02 or greater), the driver will be asked to wait at least 15 minutes and then be tested again. The driver may not eat, drink or place anything in his/her mouth (e.g., cigarette, chewing gum) during this time. The driver shall comply with all instructions the collector gives. All confirmation tests will be conducted in a location that affords privacy to the driver being tested, unless unusual circumstances (e.g., when it is essential to conduct a test outdoors at the scene of an accident) make it impracticable to provide such privacy. Any results less than 0.02 alcohol concentration is considered a negative test result. If a breath test is being conducted, and a driver does not provide a sufficient amount of breath to permit a valid breath test, the collector will instruct the driver the proper way to provide sufficient amount of breath and ask the driver to attempt to provide a sufficient amount of breath a second time. If the driver again attempts and fails to provide a sufficient amount of breath, the collector may provide another opportunity for the driver to do so if the collector believes there is a strong likelihood that another opportunity could result in a sufficient amount of breath. The collector may then change to a saliva alcohol screening test, if the collector is qualified to provide such a test. If none of these procedures result in a sufficient amount of breath for an alcohol test, the driver must obtain, within five days, a written evaluation from a licensed physician acceptable to the City who has expertise in the medical issues raised by the driver's failure to provide a sufficient specimen for testing. If the licensed physician concludes that a medical condition has, or with a high degree of probability could have, precluded the driver from providing a sufficient specimen, the City will consider the test to be canceled. If the licensed physician cannot make such a determination, the City will consider the driver to have refused to engage in the testing process and will take appropriate disciplinary action under this policy. If the collector is utilizing a saliva alcohol test, and the employee is unable to provide sufficient saliva to complete the test on a saliva screening device, the collector will conduct a new screening test using a new screening device. If the employee has not provided a sufficient amount of saliva to complete the new test, the collector will arrange to administer an alcohol test to the employee using a breath testing device. Controlled Substance Testina The City will use a "split urine specimen" collection procedure for controlled substance testing. Collection of urine specimens for controlled substance testing will be conducted by an approved collector and will be conducted in a setting and manner calculated to ensure the driver's privacy. The collection facility will be responsible for maintaining a proper chain of custody for delivery of the sample to an HHS —certified laboratory for analysis. The laboratory 101 will retain a sufficient portion of any positive sample for testing and store that portion in a scientifically acceptable manner for a minimum of twelve (12) months. 49 C.F.R. § 40.3. Controlled substance testing generally takes about 15 minutes. At the collection site, the driver will be given a sealed container and must provide at least 45 ml of urine for testing. Once the sample is provided, the collection personnel will check the temperature and color and look for signs of contamination. The urine is then split into two separate specimen containers (A, or "primary," and B, or "split") with identifying labels and security seals affixed to both. The collection facility will be responsible for maintaining a proper chain of custody for delivery of the sample to an HHS -certified laboratory for analysis. The laboratory will retain a sufficient portion of any positive sample for testing and store that portion in a scientifically acceptable manner for a minimum 365 -day period. If an employee fails to provide a sufficient amount of urine to permit a controlled substance test (45 milliliters of urine), the collector will discard the insufficient specimen, unless there is evidence of tampering with that specimen. The collector will urge the driver to drink up to 40 ounces of fluid, distributed reasonably for a period of up to three hours, or until the driver has provided a sufficient urine specimen, whichever occurs first. If the driver has not provided a sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease efforts to attempt to obtain a specimen. The driver must then obtain, within five working days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. If the licensed physician concludes that a medical condition has, or with a high degree of probability could have, precluded the Driver from providing a sufficient amount of urine, the City will consider the test to have been canceled. If a licensed physician cannot make such a determination, the City will consider the Driver to have engaged in a refusal to test and will take appropriate disciplinary action under this policy. The primary specimen is used for the first test. If the test is negative, it is reported to the MRO who then reports the result, following a review of the CCF Form for compliance, to the City. If the initial result is positive or non -negative, a "confirmatory retest" will be conducted on the primary specimen. If the confirmatory re -test is also positive, the result will be sent to the MRO. The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the driver directly, the MRO must contact the City who will direct the driver to contact the MRO. Chain of Custody and Confidentiality of Test Results All controlled substance and alcohol testing will be performed in compliance with applicable law, including use of an appropriately licensed urine testing laboratory which observes applicable control and custody procedures. The City will use procedures to test for the presence of alcohol and controlled substance in order to protect the driver and the integrity of the testing process, safeguard the validity of the test results, and ensure that test results are attributed to the correct driver. All reports of tests will be kept in the strictest confidence by 102 the laboratory and provided only to the City and the City's MRO, unless the driver provides written consent or disclosure is otherwise permitted or required by law. Review by Medical Review Officer (MRO) Results of controlled substance tests will be sent by the testing laboratory to an independent Medical Review Officer (MRO) selected by the City. The MRO is a licensed physician with knowledge and clinical experience in substance abuse disorders and is responsible for performing many functions, including reviewing and interpreting test results, reviewing the driver's medical history to explain a positive test result, and notifying drivers of confirmed positive test results. Drivers who have been tested for controlled substances must remain available following the test to be contacted by the MRO. Prior to making a final decision to verify a positive test result, the MRO will give the individual an opportunity to discuss the test result. The MRO, or a staff person under the MRO's supervision, will contact the individual directly, on a confidential basis, to determine whether the individual wishes to discuss the test result. If the individual wishes to discuss the test result. 1. The individual may be required to speak and/or meet with the MRO, who will review the individual's medical history, including any medical records provided. 2. The individual will be afforded the opportunity to discuss the test results and to offer any additional or clarifying information which may explain the positive test result. 3. If there is some new information which may affect the original finding, the MRO may request the laboratory to perform additional testing on the original specimen in order to further clarify the results. 4. A final determination will be made by the MRO that the test is either positive or negative, and the individual will be so advised. If the MRO determines that there is a legitimate medical explanation for a confirmed positive test result, the MRO will report the test result to the City as negative. If the MRO determines that there is no legitimate medical explanation for a confirmed positive test result, the MRO will report the positive test result to the City in accordance with DOT regulations. Based on a review of laboratory reports, quality assurance and quality control data, and other controlled substance test results, the MRO may conclude that a particular confirmed positive controlled substance test result is scientifically insufficient for further action. Under these circumstances, the MRO will conclude that the test is negative for the presence of controlled substances or controlled substance metabolites in a driver's system. The driver can request the MRO to have the split specimen (the second "B" container) tested at the driver's expense. This includes all costs that may be associated with the re -test. There is no split specimen testing for an invalid result. The driver has 72 hours after they have been notified of the positive result to make this request. If the employee requests an analysis of the split specimen, the MRO will direct the laboratory to send the split specimen to another certified laboratory for analysis. 103 If an employee has not contacted the MRO within 72 hours, the employee may present information documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO, or other circumstances unavoidably prevented the employee from making timely contact. If the MRO concludes there is legitimate explanation for the employee's failure to contact within 72 hours, the MRO will direct the analysis of the split specimen. If the results of the split specimen are negative, the City may pay for all costs associated with the rest and there will be no adverse action taken against the employee or job applicant. Notification of Test Results Job Applicants The City will notify an applicant of the results of a pre -employment -controlled substance test if the applicant requests such test results within sixty (60) calendar days of being notified of the disposition of the applicant's employment application. Employees The City will notify a driver of the results of random, reasonable, suspicion, and post -accident tests for controlled substance if the test results are verified positive and will inform the driver which controlled substance or substances were verified as positive. Results of alcohol tests will be immediately available from the collection agent. Right to Confirmatory Retest Within seventy-two (72) hours after receiving notice of a positive controlled substance test result, an applicant or driver may request a confirmatory retest of the driver's split specimen through the MRO. Action required by federal regulation as a result of a positive controlled substance (e.g., removal from safety -sensitive functions) will not be stayed during retesting of the split specimen. If the result of the confirmatory retest fails to reconfirm the presence of the controlled substance(s) or controlled substance metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO will cancel the test. Drivers will be reimbursed for any pay lost if taken out of service based upon a positive test result which is later negated by a confirmatory retest, and no adverse personnel action will be taken against the driver or job applicant based on the original test. Dilute Specimens: 1. Dilute Positives. If the City receives information that a driver has provided a dilute positive specimen, the City will consider the employee to have tested positive under this policy. 2. Dilute Negatives. 1. The laboratory reported to the MRO that a specimen is invalid, and the MRO reported to the City that there was not an adequate medical explanation for the result. 104 2. The MRO reported to the City that the original positive, adulterated, or substituted result had to be cancelled because the test of the split specimen could not be performed. 3. If the MRO directs the City to conduct a recollection under direct observation (i.e., because the creatinine concentration of the specimen was equal to or greater than 2mg/d L, but less than or equal to 5 mg/dL (see 49 C.F.R. §40.155(c)), the City will direct the driver to immediately retest. Refusal to Submit a Test Drivers and applicants have the right to refuse to submit to an alcohol or controlled substance test pursuant to this Policy. If a driver or applicant refuses, no test will be conducted pursuant to this Policy. This Policy does not affect a law enforcement agency's ability to lawfully obtain a chemical sample. However, such a refusal by a driver will be considered a positive test result, will cause disqualification from performing safety sensitive functions, and will result in discipline pursuant to this policy. If an applicant refuses to submit to pre-employment testing, any conditional offer of employment will be withdrawn. Consequences for Drivers Engaging in Prohibited Conduct 1. Job Applicants. The City's conditional offer of employment will be withdrawn from any job applicant or employee seeking a transfer who refuses to be tested or tests positive for a controlled substance pursuant to this policy. 2. Removal from Safety -Sensitive Function. Employees shall not be permitted to perform safety -sensitive functions; Federal Highway Administration (FHWA) rules require that in the event of an alcohol test result over .02 but less than 0.04, an employee shall not be permitted to perform safety -sensitive functions for at least 24 hours. If a driver tests positive under this policy or is found to have an alcohol concentration of .02 or greater but less than .04, the driver will be removed from safety -sensitive duties and escorted home; the driver should not drive home but be escorted to his or her home. The driver may use comp time or PTO when in place for hours missed from work. 3. Notification of Resources. The City shall advise employees of the resources available to them, including but not limited to the City's EAP, in evaluating and resolving problems associated with misuse of alcohol or use of controlled substances, including the names, addresses, and telephone numbers of SAPs and counseling and treatment programs. The City will provide this SAP listing in writing at no cost to the driver. 4. Evaluation and Follow-up Testing. Employees shall be evaluated by an SAP as determined by the City. The SAP shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substance use. In addition, each employee identified as needing assistance in resolving problems 105 associated with alcohol or controlled substances shall be evaluated by an SAP to determine that the driver has the rehabilitation program prescribed. 5. Responsibility for Cost of Evaluation and Rehabilitation. Drivers will be responsible for paying the cost of evaluation and rehabilitation (including services provided by an SAP) recommended or required by the City or FMCSA or DOT rules, except to the extent that such expense is covered by an applicable employee benefit plan or imposed on the City pursuant to a collective bargaining agreement. 6. Return -to -Duty. Before an employee returns to duty requiring performance of a safety - sensitive function he/she shall undergo a return -to -duty test with a result indicating a breath alcohol level of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use. The employee shall also be subject to unannounced follow-up alcohol and controlled substance testing following the employee's return to work. This testing shall be as directed by the SAP and federal law. 7. Refusal to test. All drivers and applicants have the right to refuse to take a required alcohol and/or controlled substance test. If an employee refuses to undergo testing, the employee will be considered to have tested positive and may be subject to disciplinary action, up to and including termination. Refer to Refusing to Test provided earlier in this policy. 8. Discipline. The City reserves the right to impose whatever discipline the City deems appropriate in its sole discretion, up to and including termination for a first occurrence, against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers following a first positive confirmed controlled substance or alcohol test result. The Clearinghouse The Clearinghouse is electronic database containing records of violations of drug and alcohol prohibitions in 49 C.F.R. § 382, Subpart B. The database will include positive drug or alcohol test results, refusals, and other drug and alcohol violations for CDL drivers. When a driver completes the return -to -duty process, this information will also be recorded in the Clearinghouse. Pre -Employment Query As of January 6, 2020, the City will not employ a driver without first conducting a pre- employment query of the Clearinghouse to obtain information about whether the applicant has controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of § 382.211; or that an employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol 106 following an accident in violation of § 382.209, or used a controlled substance, in violation of § 382.213. 49 C.F.R. § 382.701(a). If an applicant does not consent to this pre-employment query, the City will not offer the applicant employment, and any conditional offer for employment will be withdrawn. Annual Full Query for Drivers As of January 6, 2020, the City shall conduct a query of Clearinghouse at least once per year for all drivers. All drivers must provide specific consent for this annual full query. 49 C.F.R. § 382.701(b)(1). Limited Query In lieu of a full query, the City may conduct a limited query to satisfy the annual query requirement. A limited query will tell the City whether there is information in the Clearinghouse about the driver, but it will not release that information to the City. A driver must consent to a limited query, but a driver's consent for a limited query can be effective for more than one year. 49 C.F.R. § 382.701(b)(2). Positive Limited Query If the limited query shows that information exists in the Clearinghouse about the individual driver, the City must conduct a full query, within 24 hours of conducting the limited query. If the City does not complete the full query within 24 hours, then the City shall not allow the driver to continue to perform any safety -sensitive function until the employer conducts a full query. City Notification The City will be notified if any information is entered about a driver or applicant within 30 days of the City's query 49 C.F.R. § 382.701(c). Prohibition for Drivers The City will not allow a driver to perform any safety -sensitive function if the results of a Clearinghouse query demonstrate that the driver has any of the following items. Has a verified positive, adulterated, or substituted controlled substances test result. 2. Has an alcohol confirmation test with a concentration of 0.04 or higher. 3. Has refused to submit to a test in violation of § 382.211. 4. That an employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance in violation of § 382.213, except where a query of the Clearinghouse demonstrates: 107 5. That the driver has successfully completed the SAP evaluation, referral, and education/treatment process; achieves a negative return -to -duty test result; and completes the follow-up testing plan prescribed by the SAP; or 6. If the driver has not completed all follow-up tests as prescribed by the SAP and specified in the SAP report, the driver has completed the SAP evaluation, referral, and education/treatment process and achieves a negative return -to -duty test result, and City assumes the responsibility for managing the follow-up testing process associated with the testing violation. Record Keeping Required The City will retain a record of each query and all information received in response to each query made under this section for a period of three (3) years. On January 6, 2023, the City's maintenance of its registration with the Clearinghouse will satisfy this recordkeeping requirement. The City's Obligation to Report to the Clearinghouse The City is required to collect, maintain, and report personal information of applicants and drivers to the Clearinghouse if an applicant or driver has any of the following items. 1. Has a verified positive, adulterated, or substituted drug test result. 2. An alcohol confirmation test with a concentration of 0.04 or higher. 1. A refusal to submit to a drug or alcohol test. 2. An employer' s report of actual knowledge that a driver has used alcohol or controlled substances, as defined at 49 C.F.R. § 382.107. 3. On -duty alcohol use while performing safety -sensitive functions pursuant to 49 C.F.R. 382.205. 4. Pre -duty alcohol use within four hours before performing a safety -sensitive function pursuant to 49 C.F.R. § 382.207. 5. Alcohol use following an accident pursuant to 49 C.F.R. § 382.209. 6. Drug use pursuant to 49 C.F.R. § 382.213. 7. An SAP's report of the successful completion of the return -to -duty process. 8. A negative return -to -duty test. 9. An employer's report of completion of follow-up testing. 49 C.F.R. § 601(b)(12). Employee Assistance Program The City has in place a formal employee assistance program (EAP) to assist employees in addressing serious personal or work-related problems at any time. The City's EAP provides confidential, cost-free, short-term counseling to employees and their families. Employees who may have an alcohol or other drug abuse problem are encouraged to seek assistance before a 108 problem affects their employment status. Contact Human Resources for additional information on the City's EAP program. Signs or Symptoms of Alcohol or Drug Abuse The following is a list of some of the most common physical, psychological, and behavioral signs and symptoms of drug or alcohol abuse. 1. Poor coordination. 2. Slurred speech. 3. Impaired thinking. 4. Memory impairment. 5. Diverting energy from work, family, and social life in order to drink or use drugs. 6. Being secretive about the extent of the alcohol abuse in order to protect it. 7. Engaging in risky behavior, such as impaired driving. 8. Being in denial about the extent of the alcohol abuse problem. 9. Becoming distressed at the prospect of not having access to alcohol. 10. Symptoms of withdrawal may include shaking, anxiety, irritability, confusion, fever, and rapid heartbeat. Employees who have concerns about another employee may seek assistance from their immediate supervisor or Human Resources. Human Resources will provide resources and intervene when necessary to assist an employee experiencing alcohol or drug abuse problems. 49 C.F.R. § 601(b)(11). Policy Contact for Additional Information If you have any questions about this policy or the City's drug and alcohol testing procedures, you may contact your immediate supervisor or Human Resources to obtain additional information. 109 APPENDIX I CITY OF MONTICELLO SOCIAL MEDIA POLICY Governing Policy: City of Monticello SOCIAL NETWORKING POLICY- CITY MAINTAINED SITES Applies To: This policy applies to all employees and agents with administrator access to City - maintained sites. Summary: This policy provides guidance on scope, rules of use, and data ownership of City - maintained sites. Purpose The City of Monticello uses social media to serve two primary functions: to communicate messages directly to the public and to encourage public involvement, interaction, and feedback. Information distributed via social media sites will be accurate, consistent, timely, and communicated in a professional manner. The city's use of these sites will be in accordance with federal, state, and local laws regarding public records and data practices. The city has limited control of social media accounts with third parties (i.e., Facebook, Twitter, etc.). However, there is a general public expectation that the city will have a social media presence to share information. The city's social media accounts will be used for incidental, non - vital communication and general information only. It is not the purpose of the city's social media accounts to be a medium for transactions of city business. The one exception is in the case of a natural or man-made disaster, if the city determines that the best means of communicating with the public is through social media account(s). This policy seeks to ensure proper administration of the City of Monticello's social media accounts by its representatives. City representatives are responsible for operating the city's social media resources in an efficient, effective, ethical, and lawful manner pursuant to all existing city policies. Policy The City of Monticello will determine, at its discretion, how its social media resources will be designed, implemented, and managed as part of its overall communication strategy. City of Monticello social media accounts are considered a city asset and management, access and use of these accounts will be securely administered in accordance with the city's policies. The city reserves the right to shut down any of its social media sites or accounts for any reason without notice. All social media accounts created and utilized during the course and scope of an employee's performance of their job duties will be identified as belonging to the City of Monticello. The City of Monticello does not create or maintain social media accounts for its elected officials. Scope This policy applies to any existing or proposed social media accounts sponsored, established, registered, or authorized by the City of Monticello. The city's social media accounts are exclusively the following: 110 Facebook 1. City of Monticello: www.facebook.com/citvofmonticello 2. Monticello Fire Department: www.facebook.com/montifire 3. Hi -Way Liquors: www.facebook.com/hiway.liguors.mn 4. Monticello Community Center: www.facebook.com/monticellocommunityicenter 5. Monticello Farmers Market: www.facebook.com/montimarket 6. FiberNet Monticello: www.facebook.com/fibernetmonticello 7. Monti Arts Initiative: www.facebook.com/montiarts Twitter 1. City of Monticello: www.twitter.com/Monticello MN 2. FiberNet Monticello: www.twitter.com/FiberNet Tweets 3. Monti Arts Initiative: www.twitter.com/montiartsl Instagram 1. Monticello Community Center: www.instagram.com/monticommcenter 2. Monticello Farmers Market: www.instagram.com/monticellofarmersmarket 3. Monti Arts Initiative: www.instagram.com/monti arts The City does not create, collect, disseminate, or control the use of any other social media accounts, including the personal accounts of its elected officials and staff. Questions regarding the scope of this policy should be directed to the Communications Coordinator. Definition Social media are internet and mobile -based applications, websites, and functions (other than email) for sharing information. Users can post photos, videos, comments, and links to other information to create content. This may be referred to as "user -generated content" or "consumer -generated content." Social media includes, but is not limited to: • Social networking sites and apps such as Facebook, Twitter, Linkedln, and NextDoor • Blogs • Social news sites such as Reddit and Buzzfeed • Video and photo sharing sites and apps such as YouTube, Instagram, SnapChat, TikTok, and Flickr • Wikis, or shared encyclopedias, such as Wikipedia • An ever -emerging list of new web -based platforms generally regarded as social media or having many of the same functions as those listed above As used in this policy, "employees and agents" means all city representatives, including its employees and other agents of the City, such as independent contractors. "Social media manager" means any city employee or agent with administrator access who, when posting or responding to a post, appears to the city social media account owner. P1IIac of I Ica City employees and agents with administrator access are responsible for managing social media. All those granted administrator access must execute a Social Media Account Authorization Form and comply with city training, documentation and policy requirements. 111 Facilities or departments wishing to have a new social media presence must initially submit a request to the Communications Coordinator in order to ensure social media accounts are kept to a sustainable number and policies are followed. All approved sites will be clearly marked with the official name of the department and will be linked to the official city site. No one may establish social media accounts on behalf of the city unless authorized in accordance with this policy. The city's social media pages must conspicuously display or link to a public notice informing the public of the purpose of the social media presence and the terms one agrees to in accessing, using, or posting to the city's social media page. Administration of all social media accounts must comply with applicable laws, regulations, and policies as well as proper business and government etiquette. City social media accounts covered by this policy will not be used by social media managers for private or personal purposes or for the purpose of expressing private or personal views on personal, political, or policy issues or to express personal views or concerns pertaining to city employment relations matters. No city social media account may be used by the city or any social media manager to disclose private, confidential, or sensitive information. If there is any question as to whether information falls into any of these categories, please contact the City Clerk. The use of social media is intended to supplement rather than replace existing forms of communication with the public. Outside of disaster situations, no city social media account will be used for transactions of city business. If a user initiates a request, application, or question through social media that affects city business or requires another city policy be followed, respond to that user by phone, email, or other channels. In the event of a general interest question, a response may be given in the comments, the initial post may be edited, or a subsequent post may be created to include the information. The city recognizes the public has the ability to comment on social media postings; however, the sites affiliated with the city have not been created as public forums. City of Monticello social media managers will not edit any posted comments. However, comments posted by members of the public may be removed if they fall into at least one of the following categories: • Obscene or pornographic content • Direct threats to persons or property • Material asserted to violate the intellectual property of another person • Private, personal information about a person published without their consent • Information that compromises a public safety security system • Statutorily private, confidential, or nonpublic data • Commercial promotions, spam, or off -topic • Are potentially libelous • Are prejudiced or hurtful remarks made toward any person or entity, including an ethnic, racial, or religious groups • Contain vulgar language • Advocate illegal activity • Promote political organizations 112 • Violate laws regarding public information, open meetings, or data practices • Hyperlinks to material that falls into one of the foregoing categories • Do not support the goal of providing public information Comments are periodically monitored and inappropriate material will be removed when identified. A copy of the removed content will be saved in a social media archive along with an explanation of the specific policy violation authorizing its removal. A member of the public whose comment is removed may appeal the removal of the content and seek reconsideration of its removal by contacting the city in writing and explaining how the comment does not fall into one of the categories for removal. A written response should be provided as soon as reasonably possible. A member of the public who disputes the legality of any portion of this policy may dispute the particular portion in writing. The city should acknowledge the claim promptly and, upon consultation with the city attorney, respond to the claim concerning legality of the policy portion as soon as reasonably possible. The comments expressed on City of Monticello social networking sites do not reflect the opinions or positions of the City of Monticello, its employees, advisory boards, or elected officials. Data Ownership All communications or messages within social media accounts covered by this policy composed, sent, or received on city or personal equipment are the property of the city and will be subject to the Minnesota Government Data Practices Act. This law classifies certain information as available to the public upon request. As no transaction of city business shall be conducted through social media accounts (outside of disasters), in accordance with the city's records retention schedule, the city shall retain all social media messages only until read. The City of Monticello also maintains the sole property rights to any image, video, or audio captured while a city employee is representing the city in any capacity. This updated document replaces the previous social media policy adopted in 2017. 113 APPENDIX II ALTERNATIVE WORK ARRANGEMENT PROCEDURES Governing Policy: City of Monticello ALTERNATIVE WORK ARRANGMENTS POLICY Applies To: This policy applies to regular•full-time and regular part-time employees. Department Directors shall determine which positions are eligible for participate in the alternative work arrangement. Summary: Established procedures, roles, responsibilities, and conditions for when department directors may recommend, and the city administrator may approve Alternative Work Arrangements as defined in the policy. PURPOSE To establish a Citywide system under which employees are approved to have Alternative Work Arrangements (AWAs). The following procedures have been developed to support the AWA Policy and cover the following types of AWAs: A. Compressed Workweek B. Flextime C. Telework AWAs are not appropriate for all employees and no employee is entitled to or guaranteed the opportunity to enter into them. Discretion io grant or deny them is not appealable. ALTERNATIVE WORK ARRANGEMENT DEFINED Listed below are the three types of AWAs covered by the City of Monticello AWA Policy. A. Compressed Workweek: A 40 -hour workweek is completed in less than five (5) full workdays, or an 80 -hour work schedule is completed over a two-week period in less than ten (10) workdays. Examples of compressed workweeks include but are not limited to: 1. Working four 10 -hour days 2. Working 9 -hours for four days, and 4 -hours for 1 day 3. Working 9 -hours for 8 days and 8 -hours for 1 day with 1 day working 0 -hours (Note: this type of arrangement is not an option for non-exempt employees who are eligible for overtime payment) B. Flextime: A 40 -hour workweek is completed (for full-time employees) but there is flexibility in establishing daily start and end times. Days of the workweek may have 114 varying start and end times, but the pattern should occur predictably over each workweek. Examples of flextime arrangements include but are not limited to: 1. Flexible Work Hours: Employees work 8 -hour days with start/end times varying from the standard City location schedule. Manager identifies core hours for the department/City. 2. Flexible Work Schedule: Employees do not work a standard 8 -hour day. Workdays vary from day to day but remain consistent over a standard pay period. Example shown below: Monday Tuesday Wednesday Thursday Friday 9 hours 9 hours 8 hours 7 hours 7 hours C. Telework: A formalized work arrangement that allows an employee to perform work on a regular, recurring basis at a telework location that is not the employee's permanent work location. Telework Definitions: Permanent/principal work location: The worksite to which an employee is permanently assigned, usually a City office. Telework: A formalized work arrangement that allows an employee to perform work on a regular, recurring basis at a telework location that is not the employee's permanent work location. Teleworker: An employee who has entered into a telework agreement with the City and works at a telework location on a recurring basis. Telework Location: An approved alternative worksite in which an employee is authorized to conduct telework. The telework location is an employee's home. Note: Employees will not be approved for more than one of the above AWAs. ELIGIBILITY AND APPROVALS Eligibility A. Eligibility for Compressed Workweek or Flextime Arrangements Management should consider the following before entering into an agreement that allows and employee to work a compressed workweek or flextime arrangement: 1. The needs of the department and organization as a whole 2. The impact the arrangement will have on customer service, departmental and City operations 115 3. The employee's duties and responsibilities 4. The impact on co-workers 5. Budgetary impact 6. Ability to support and/or supervise staff 7. The employee's current and past job performance. 8. Employment status under the Fair Labor Standards Act (FLSA) a) Exempt Employees: Standard work hours are a minimum of 80 hours per pay period with expectations of working additional hours as required to achieve expected job outcomes. Working a compressed workweek or flextime arrangement does not change those expectations. b) Non -Exempt Employees: Work schedules that will require the City to pay overtime under the FLSA should not be approved. For example, if an employee was approved to work 45 hours in Week 1 and 35 hours in Week 2, the City would be liable for five (5) hours of overtime pay in Week 1. Note: AWAs granted under this section will be evaluated for effectiveness at 6 months and annually thereafter and may be discontinued at any time at the discretion of the department director. Employees may also discontinue the AWA. B. Eligibility for Telework Arrangement Management should consider the following before entering into an agreement with an employee to telework: 1. Needs of the department and organization as a whole 2. Employee's duties and responsibilities 3. Ability to provide adequate supervision of the employee remotely 4. Overall costs and who is responsible for these costs. Note: the arrangement should be at least cost neutral for the employee and organization. 5. The effects of teleworking on customer service 6. The effects of teleworking on co-workers 7. The costs to be saved or incurred 8. The need or availability of tools and equipment including high-speed internet. 9. The existence of well-defined job objectives and output that can be assessed 10. The teleworker can be reached by coworkers and customers and be responsive to calls and other types of correspondence 11. A need for sensitive data that cannot be taken off-site; the ability or lack of ability to safeguard necessary data 12. Feasible method to accurately track and record time worked for payroll processing and FLSA /state law compliance 13. The employee's current and past job performance 14. The employee's communication skills 15. The employee's ability to manage priorities and work independently 116 16. Attendance history (excluding Family and Medical Leave Act (FMLA) absences, other statutorily -protected leaves, and Americans with Disabilities Act (ADA) accommodations) 17. The employee's ability to complete work projects with minimal direct oversight or supervision Request and Approval Process A. AWA Request and Approval Process- Employee An employee who wishes to request an AWA shall follow the process listed below: 1. Speak with their supervisor to determine if an AWA is possible and determine which type of AWA is the best fit for the individual and department. 2. Complete and submit and AWA Request form located on the EmployeeNet and submit the completed form to their supervisor for review. The supervisor will discuss the request with the department director and determine if the requested arrangement is possible. 3. If the agreement is supported by the supervisor and department director, it will be brought to the city administrator for review and final approval. 4. Upon receiving final approval and AWA agreement will be prepared by the supervisor for review and signatures. B. AWA Request and Approval Process- Department Approval When an employee requests an AWA, the department shall follow the process listed below: 1. Upon receipt of an AWA Request form, the supervisor shall discuss the request with the department director to determine if the employee's request should be approved based on the criteria outlined in this section. 2. If the supervisor and department director support the request the request should be brought to the city administrator for review and approval. 3. If the request is approved, the supervisor shall meet with the employee to establish the standards and expectations utilizing the AWA Agreement form. The supervisor should forward the AWA Agreement to the appropriate personnel for signatures. 4. Copies of the completed agreement shall be sent to the employee and maintained in the employee's personnel file and supervisory file. 5. The supervisor shall monitor compliance with the AWA Agreement form. 6. The supervisor shall review the arrangement at 6 months and annually thereafter, to assure performance expectations are being met and circumstances have not changed. The supervisor with approval from the department director has the right to terminate the agreement at any time. 117 Appeal Rights An employee has no property right to and AWA and does not acquire such right by being provided the opportunity to work an AWA for any period of time. AWAs should not be considered indefinite and shall be assessed on an annual basis at minimum. An employee cannot grieve the decision of management to grant, deny, or revoke an AWA. ROLES AND RESPONSIBILITIES Supervisory Responsibilities A. Compliance. Supervisors are responsible for complying with the AWA and all City and departmental policies and established procedures. B. Communication. The supervisor must work with the employee to develop an effective communication plan. The communication plan should ensure that the employee effectively manages their workload, and the AWA does not have a negative impact on the employee's managers, supervisors, co-workers, customers, or City's operations. C. Response Time. The supervisor should set expectations for acceptable response timeframes for external and internal customers and maintain regular communication with the employee. D. Work Schedules and Meetings. The supervisor should communicate planned meeting schedules in advance, if possible, to permit the employee to adjust their work schedules and/or work location accordingly. E. Feedback. Provide regular and appropriate feedback. F. Review of AWA. Review the employee's AWA at 6 months and at least annually thereafter. Employee Responsibilities- General A. Compliance. Comply with the AWA agreement and all City and departmental policies and established procedures. B. Communication. Have frequent, open communication with supervisors and co-workers. C. Work Schedules and Meetings. Employees must communicate any deviations from their approved AWA to their supervisor. Employees with working under approved AWAs must attend meetings and training in-person as required. D. Performance. Employees are responsible for maintaining satisfactory work performance. Declining or unsatisfactory work performance may result in termination of the telework agreement. Employee Responsibilities- Telework A. Personal Activities. Telework hours are regular work hours and may not be used as a substitute for personal activities, such as dependent care or errands. Just as with regular work hours, teleworkers are expected to follow City PTO policies and procedures to request time off to engage in non -work activities 118 B. Work Schedule/Meetings. Prior to entering into a telework agreement, the supervisor and teleworker must discuss the work schedule, including normal workday hours, breaks, and use of PTO. The work schedule must comply with the FLSA and City policies and procedures. Any changes to the work schedule must be approved. Exempt employees must notify their supervisor if they will not be available. The supervisor must determine the number of days per week/payroll period that the employee will be permitted to telework. Supervisors may approve up to 2 days of telework per week. Unless excused by the supervisor, the teleworker must attend all assigned meetings, including those which would normally be held on a telework day. The supervisor will determine whether the teleworker's attendance at the meeting must be in-person, or if the teleworker may attend the meeting remotely from the telework location. Teleworkers may be required to come into the office on a telecommute day if there are unexpected absences causing a shortage of employees at the office. C. Location and Travel. Normal commute time between a telework location and the permanent work location is not work time. If occurring during the teleworker's normally scheduled work hours, travel time between the telework location and the permanent work location is considered work time. For example, if a teleworker begins work at the telework location at 8:00 a.m., and then travels to the permanent work location beginning at 10:00 a.m., travel time would be considered work time. Travel home from the permanent work location is not work time unless the teleworker continues to perform work activity from the telework location after returning from the permanent work location. Mileage between the Telework Location and the permanent work location shall be considered commuting mileage and is not subject to reimbursement. D. Communications. Teleworkers must be reachable by customers, co-workers, managers, and supervisors during agreed-upon hours. Teleworkers must notify assigned office staff and/or their supervisors if they leave their telework location during work hours, just as they would if they worked in the permanent work location. They must also notify the supervisor if they are not performing work due to PTO time and must follow the normal procedures for requesting time off. E. Supplies and Expenses. Supplies needed for the telework location will be obtained through the normal supply request procedures. A teleworker must seek prior approval from the supervisor for expenses that will be incurred. Approved expenses will be reimbursed in accordance with existing policies. The City may provide staff working remotely with appropriate internet access if a hotspot is available. The City will not reimburse the cost of internet or phone service. Telework Location is in the Home. The teleworker is responsible for establishing and maintaining a safe and adequate telework location in the home. The designated telework location may be subject to review and approval by the supervisor to ensure that it is conducive to performing work. The teleworker will be responsible for all costs 119 related to modifications of the telework location including, but not limited to, remodeling or electrical modifications. In-person business meetings may not be held in the home telework location; meetings may be conducted in a public setting outside the home or via video conference, phone conference, or other electronic means. G. Privacy and Security. Teleworkers are responsible for protecting the privacy and confidentiality of data and information at their telework location. Teleworkers must ensure the security of data and information that is transported to and from their telework location. H. Insurance. Any insurance for City -owned equipment is the responsibility of the City. The City is not responsible for insuring the telework location. Teleworkers are responsible for purchasing personal insurance for employee -owned equipment and for the telework location, if desired. The City is not responsible for any loss or damage to any employee - owned equipment. Return of Property. Any City -owned property used specifically for telework purposes as well as documents and other information must be returned to the City upon termination of the telework agreement. J. Notice to Supervisor. Teleworkers are responsible for promptly notifying their supervisor of an equipment malfunction or failure of either City -owned or employee - owned equipment needed to do assigned work. If the malfunction prevents the teleworker from performing assigned tasks, the teleworker must notify the supervisor immediately. K. Inclement Weather. A teleworker who is scheduled to work at their telework location on a day with inclement weather is expected to work as normally scheduled. L. Closure of City Facility(ies). If a City facility is closed due to a natural or human -made emergency, any employee scheduled or able to telework is expected to work as normally scheduled. M. Taxes. Federal and state tax implications of teleworking and use of the home as a telework location are the responsibility of the teleworker. AWA AGREEMENTS An AWA Agreement must be executed prior to initiating an AWA. At minimum, the City's AWA Agreement will include the following: 1. Employee performance expectations and monitoring process 2. Work hours and schedule 3. Communication and availability 4. Employment conditions Also included for telework AWAs: 5. Work location 6. Equipment and supplies 120 7. Workers' compensation 8. Responsibility for work area and equipment 9. Data privacy and security 10. Expense reimbursement A. Signature The AWA Agreement must be signed by the City Administrator, Human Resources Manager, Department Director, Supervisor, and Employee prior to implementing the AWA. B. Cancellation The AWA can be changed or canceled by the City, at any time, with or without cause or notice. The employee can also cancel the AWA at any time. The employee must give sufficient advance notice to their supervisor. C. Changes to AWA Agreement Any changes to the AWA by the employee must be reviewed and approved by the supervisor. The supervisor has the discretion to approve or reject any proposed changes. D. Renewal of Agreement AWA Agreements cannot exceed more than one year. Agreements must be reviewed and may be renewed at management's sole discretion annually during the employee performance review period. The Telework Agreement also must be reviewed if any of the following occur: 1) a change in your job duties; 2) you or your supervisor change positions; 3) trial period expires; or (4) a change in any of the conditions of the AWA Agreement occurs. EQUIPMENT AND MATERIALS- TELEWORK City -Provided Equipment The City may provide, at their sole discretion, computer hardware equipment, software, and telephone service deemed necessary for the teleworker to perform assigned work at a telework location. The City must maintain a record of City -owned hardware, software, and other equipment located at the telework location. The City is responsible for installing, testing, maintaining, and repairing City -owned equipment and upgrades of software. Any equipment, hardware, and/or software the City furnishes to the teleworker remains the property of the City and is subject to the same business use restrictions as if the property was located on City premises. To ensure hardware and software security for City -owned equipment, 121 all software used for teleworking must be approved by the City. City -owned software cannot be installed on employee -owned hardware. Employee -owned software cannot be installed on City - owned hardware. Teleworkers must continue to comply with technology policies. Permanent Location Works The City will provide the teleworker with a workspace when the teleworker works at the permanent location. DATA AND SECURITY- TELEWORK Data Practices Act Teleworkers must follow all applicable provisions of the Minnesota Government Data Practices Act ("MGDPA") and City data privacy policies when performing work at the telework location. The teleworker and supervisor must discuss the type and form of data which will be taken to and from the telework location and must agree on the security and transfer process necessary to meet the needs of the City, to protect the security of the data, and to comply with the MGDPA. Data Reauests and Retention Data created and maintained during a telework arrangement generated for the purpose of conducting City business is subject to the MGDPA, regardless of whether the telework is performed using City -owned or employee -owned equipment. This means the teleworker is responsible for following proper retention procedures, such data remains the property of the City, and the teleworker must return all such data to the City upon request of the City or upon the teleworker's separation from employment. TELEWORK SITE- TELEWORK The telework location is considered an extension of the City during the agreed upon working hours. The designated telework location must accommodate any equipment to be used in work performed and the teleworker must protect the workspace from hazards and dangers that could affect the teleworker or the equipment. The City may, at its discretion, send a representative to visit the telework location, with advanced notice, to ensure that the equipment and work area are safe and free from hazards. The telework location must accommodate any equipment to be used in work performed and the teleworker must protect the telework location from hazards and dangers that could affect the teleworker or the equipment. The teleworker is responsible for taking appropriate steps to minimize damage to City -owned property at the telework location. The City does not assume responsibility for injury or property damage to third parties that may occur at the telework location. Business meetings may not be held in a teleworker's home. 122 Employees are covered by Workers' Compensation laws when acting in the course and scope of employment while in telework status. Any injury that occurs within the course and scope of employment must be reported to the supervisor immediately, using the City's standard workplace injury reporting process. The employee's designated telework location is considered an extension of City workspace only during scheduled teleworking hours for purposes of workers' compensation. ADA ACCOMODATIONS AND MEDICAL RESTRICTIONS The approval process outlined in these procedures do not apply to requests for an AWA as an accommodation under the Americans with Disabilities Act (ADA) or for temporary medial restrictions. ADA accommodation requests or requests or requests related to medical restrictions will be reviewed by the Human Resources Department. 123 City Council Agenda: 11/27/2023 2G. Consideration of approving of a contract with Stonebrooke Engineering, Inc. for CSAH 39 Trail Improvements in the amount of $285,200 Prepared by: Meeting Date: ® Consent Agenda Item Project Engineer 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: Public Works Director/City Engineer, City Administrator Finance Director ACTION REQUESTED Motion to approve a contract with Stonebrook Engineering Inc. for CSAH 39 Trail Improvements in the amount of $285,200. PREVIOUS COUNCIL ACTION December 12, 2022: City Council adopted Resolution 2022-136 authorizing submission of TA grant application and 2022-137 authorizing maintenance of constructed improvements. REFERENCE AND BACKGROUND The CSAH 39 trail project will consist of constructing an approximately 4600' segment of 10' wide bituminous pathway that will provide a multiuse trail connecting the downtown area to Chelsea Road and connecting to the Northeast entrance to Bertram Chain of Lakes Regional Park located at the Chelsea Road lift station. The City was notified by MNDOT that it was awarded a TA grant for a total of $800,000. The grant funds will be available in FY 2025 ($558,488) and FY 2026 ($241,512). A request for proposals was placed on the City's website and the League of MN Cities website and a total of two proposals were received in response to the RFP: • Stonebrook Engineering - $285,200 • SEH - $319,686 Staff reviewed the two proposals and recommend that Stonebrook Engineering, Inc. be selected for this project. The anticipated project schedule is to complete the construction in 2025 in coordination with Wright County's planned pavement preservation project. Budget Impact: The proposed CIP has a total of $1.5 million dollars identified for this project over 2024-2025 with construction anticipated in 2025. City Council Agenda: 11/27/2023 II. Staff Workload Impact: Staff will be involved throughout this project development. III. Comprehensive Plan Impact: Goals prioritizing pathway connectivity are highlighted in both the Mobility & Connectivity Chapter and the Parks, Pathways, & Open Space Chapter. Enhancing safe access between primary destinations like Downtown and Bertram Chain of Lakes Regional Park satisfies these overlapping goals and moves Monticello closer to the Vision identified in the Plan. STAFF RECOMMENDED ACTION City staff recommends approval of awarding this project to Stonebrook Engineering, Inc. SUPPORTING DATA • Request for Proposal t a Monticello Request for Proposals CSAH 39 Trail — Bertram Connection Phase 1 City Of Monticello Matt Leonard Public Works Director/City Engineer 763-271-3271 Matt. Leonard( a�ci.monticello.mn.us 505 Walnut Street Monticello, Minnesota 55362 www.ci.monticello.mn.us CITY OF MONTICELLO REQUEST FOR PROPOSALS TABLE OF CONTENTS I. Introduction A. General Information B. Term of Engagement C. Subcontracting II. Nature of Services Required A. Scope of Work to be Performed B. Standards to be Followed C. Reports to be Issued D. Additional Services III. Description of the City of Monticello IV. Time Requirements A. Anticipated Proposal Calendar B. Notification C. Schedule for Completion of Work V. Proposal Requirements A. General Requirements B. Detailed Proposal VI. Evaluation Procedures A. Evaluation Criteria B. Oral Presentations C. Final Selection D. Right to Reject Proposals VII. Appendices A. Insurance Requirements 1 CITY OF MONTICELLO REQUEST FOR PROPOSALS INTRODUCTION A. General Information The City of Monticello (City) is requesting proposals from qualified firms for engineering services. There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. The City of Monticello shall not be liable for any expenses incurred by the applicant including but not limited to expenses associated with the preparation of the proposal, attendance at the interviews, preparation of a compensation (fees) schedule or final contract negotiations. To be considered an electronic version of the proposal must be delivered to Matt.Leonard@ci.monticello.mn.us prior to the deadline. City of Monticello Attn: Matt Leonard 909 Golf Course Road Monticello, MN 55362 763-271-3271 Matt. Leonard @ci. man ticello. mn. us The proposal must be received no later than 4:30 p.m. on November 3, 2023. Proposers are solely responsible for delivering their proposals to the city before the deadline. Any proposal received after the deadline will not be considered. Interested firms should register by sending an email to Matt Leonard to ensure inclusion on any addenda or additional information provided to interested parties. The City reserves the right without prejudice to reject any or all proposals submitted. Proposals submitted will be evaluated by a Selection Committee consisting of: • Rachel Leonard, City Administrator • Matt Leonard, Public Works Director/City Engineer • Ryan Melhouse, Project Engineer Following the evaluation, the committee will make a recommendation to the City Council; the Council will make the final selection. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. Firms may be requested to make oral presentations to the Selection Committee as part of the final evaluation process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance bythe firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. The City anticipates selection of a firm will be completed by November 13, 2023. Following the notification of the selected firm, the City expects a contract will be executed between both parties following the November 13th meeting of the City Council. B. Term of Engagement The contract term will start after City Council approval and is expected to end in with warranty inspection 2 years after construction completion and acceptance. A bid date for this project is scheduled for January 2025 with construction expected to start in the spring of 2025 and to be complete by late summer of 2025. C. Subcontracting The Consultant shall not assign or transfer any interest in the contract without prior written consent of the City. II. NATURE OF SERVICES REQUIRED A. Scope of Work to be Performed The professional consulting firm will provide services to plan, design, construction inspection and management as required to construct a pathway as outlined in the grant application between Elm Street to Chelsea Road along CSAH 39: • Prepare plans, specification, and construction administration for the construction of a 10' wide pathway along CSAH 39 as indicated in the grant application. • Construct ADA ramps as required throughout the project area. • Construct an enhanced pedestrian crossing near Eagle Circle. • Coordinate with Wright County's pavement preservation project planned for construction in 2025. • Coordinate with Wright County and MNDOT for the construction of pedestrian improvements on the CSAH 39/1-94 overpass. • Coordinate with MNDOT to ensure that all federal requirements are met for design and construction. • Topographic Survey • Construction Staking • Coordination of quotes for materials testing. • Determine right-of-way needs and prepare exhibits. B. Standards to be Followed. The project shall be constructed in accordance with MNDOT, Wright County, and City of Monticello standards and all funding agency requirements. C. Reports to be Issued Design documents are to include 60% and 90% review submittals with final bid documents. Documents as required for public meetings shall also be provided. Following the completion of construction, as -built information shall be provided in both pdf and AutoCAD formats. All construction and contract documents are to be provided upon project completion. D. Additional Services Additional services are not anticipated but can be performed as allowed and desired 3 upon the mutual consent and agreement of compensation between the City and selected firm. III. DESCRIPTION OF THE CITY OF MONTICELLO The City of Monticello was organized as a municipality in 1856. Monticello is located approximately 45 miles northwest of the Minneapolis -St. Paul metropolitan area along the 1-94 corridor in Wright County. Monticello's population is estimated at 14,455 and the city encompasses an area of 8.94 square miles. The city is categorized as a 501(a) entity by IRS Code and operates under the "Optional Plan A" form of government as defined in Minnesota Statutes. Under this plan, the government of the city is directed by a city council composed of an elected mayor and four elected city council members. The city council exercises legislative authority and determines all matters of policy. The city council appoints personnel responsible for the proper administration of all affairs relating to the city. Council members serve four-year terms, with two members elected every two years. The mayor is elected for a two-year term. The mayor and members of the city council are elected at large. IV. TIME REQUIREMENTS A. Anticipated Proposal Calendar The following is a list of key dates regarding the selection process: 1. Request for Proposals Released .......................................... October 13, 2023 2. Proposals Due.................................................................... November 3, 2023 3. Contract Approved by City Council ................................. November 20, 2023 B. Notification It is anticipated that the staff -recommended firm will be notified prior to November 13, 2023 C. Schedule for Completion of Work The anticipated construction completion date for this project is October 31, 2025. V. PROPOSAL REQUIREMENTS A. General Requirements 1. Inquiries Inquiries concerning the request for proposals and the subject of the request for proposals must be addressed to: Matt Leonard Public Works Director/City Engineer 763-271-3271 Matt. leonard @ci. m onticello. mn. us All responses, questions, and correspondence should be directed to Matt Leonard. In the interest of fairness to all respondents, do not contact other staff or elected or appointed officials. Written questions on the RFP will be accepted until October 30th at 4:30 p.m. to allow time for staff to respond. Written questions submitted after may go 4 unanswered. 2. Submission of Proposals The following material is required to be received by November 3, 2023 at 4:30 p.m. for a proposing firm to be considered: i. General Information ii. Project Understanding iii. Project Approach iv. Proposed Project Team and Experience V. Schedule vi. Any Additional Information as Needed vii. Total Consultant Cost viii. Insurance Certificate B. Detailed Proposal A brief description of each section is included below. 1. General Information General information and a brief history of the Consultant's firm. Include similar information on key subconsultants, if any, proposed for the project. 2. Project Understanding A summary of the Consultant's understanding of the work. 3. Prosect Approach Provide specific approaches, methods, and assumptions that will be utilized to accomplish the development of this project, including each work phase. Include details about the Consultant's approach to coordinating a public process. 4. Proposed Project Team and Experience • Identify the key project team members and describe their specific roles on the project. Include key team members from sub -consultant firms if any. • Describe relevant experience and provide information on at least three (3) reference projects completed in the last five (5) years. Provide personal references and contact information. • Include one-page resumes only for key members of the project team, including field personnel. • Include specific descriptions of proposed team members' roles on reference projects. Provide a contact name and information for each of the work items. 5. Schedule A proposed schedule from project initiation to final completion of construction. The schedule should include a listing of key tasks within each phase, key milestones and approximate dates, and deliverables. 6. Additional Information -0 Include any other information that is believed to be pertinent, but not specifically requested elsewhere in this RFP. 7. Total Consultant Cost The consultant cost should be separated out as follows: i. Proposed costs for each scope of work for the project as listed in Section 2. ii. Hourly rates for all consultant employees who are expected to work on this project. These rates shall be the agreed upon costs for any additional services requested by the City, above what is detailed in the scope of this RFP. iii. Reimbursable costs including detail of service or item and applicable charge per unit. iv. Not to Exceed cost for the project. Proposals that do not include a 'Not to Exceed' cost will be disregarded with no further consideration. It is the responsibility of the proposing firm to accurately predict the amount of time that they will need to spend on all design and construction services for the project. The City requires the consultant to have a full-time inspection onsite during all work. The City will supplement the consultant's full-time construction inspection staff with our staff, to assist in public relation concerns. The city may elect to self -perform the project inspection and this phase would be removed from the project depending on staff availability. 8. Insurance Certificate Indicate ability to provide all necessary insurance certificates. VI. EVALUATION PROCEDURES A. Evaluation Criteria Proposals will be reviewed and evaluated by a team of City staff using the following criteria: 1. Consulting firm and key project staff experience with similar projects. In addition to understanding technical issues and having sound technical/ engineering expertise, the Consultant must also have an awareness and understanding of the social/political issues that can surround projects of this nature and must possess the personal and leadership skills necessary to navigate the project through the public process. 2. Proven successful construction management of projects of this nature is required. This includes the effective coordination and management of private and public utilities, contractors, adjacent property owners, and other stakeholders. 3. Proven track record in successfully completing similar projects on time and within budget. Successful experience of both the firm itself and the individual team members will be considered. 4. Proposed approach to completing the project A 5. Proposed consultant cost B. Oral Presentations During the evaluation process, the Selection Committee may, at its discretion, request any one orall firms to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the Selection Committee may have on a firm's proposal. Not all firms may be asked to make such oral presentations. C. Final Selection The City intends to recommend a firm based on the evaluation completed by the Selection Committee. The City Council will approve the final selection on November 23, 2023. D. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. The City reserves the right to reject any and all proposals, waive all technicalities and accept any proposal deemed to be in the city's best interest. APPENDIX A: INSURANCE REQUIREMENTS Insurance shall be in such form as will protect the Contractor from all claims and liabilities for damages for bodily injury, including accidental death, and for property damage, which may arise from operations under this contract, whether such operations by himself or anyone directly or indirectly employed by Contractor. Amount of Insurance A) Comprehensive General Liability: Bodily Injury or Property Damage - $1,000,000 each occurrence and general aggregate B) Automobile and Truck Liability: Bodily Injury or Property Damage - $1,000,000 each occurrence and general aggregate *Comprehensive General Liability coverage and Automobile and Truck Liability coverage may be met with a combination of coverage including excess and umbrella liability coverage. Type of Insurance for Contractor A) Workers Comprehensive Insurance: Coverage for all people employed by the Contractor to perform work under this contract. This insurance shall be in the amount of $500,000 for each accident, illness or disease or such other amount that may be required by the most current laws of the State of Minnesota, whichever is greater. B) Comprehensive General Liability Insurance: Covering bodily injuries and property damage and also including coverage for: 1) Injury to or destruction of wires, pipes, conduits, and similar property located below the surface of the ground, whether public or private. 2) Collapse of or structural injury to any building or structure except those on which work under this contract is being performed. 3) Contractual liabilities related to bodily injury and property damage. 7 C) Automobile and Truck Liability Insurance: Covering bodily injury and property damage relating to operation of all motor vehicles and equipment, whether or not owned by the Contractor, being operated in conjunction with work under this contract. D) Product and Completed Operations Insurance: Coverage to be included in the amounts specified above for Comprehensive General Liability. Evidence of Insurance The City of Monticello shall be listed as an Additional Insured on the Certificates of Insurance. The Contractor shall submit Certificates of Insurance to the Owner at the time of execution of the Service Contract. Written notice shall be given to the City of Monticello at least thirty (30) days prior to cancellation or non- renewal of such insurance coverage. As evidence of insurance coverage, the Owner may, in lieu of actual policies, accept official written statements from the insurance company certifying that all the insurance policies specified are in force for the specified period of the contract. ml DEPARTMENT OF TRANSPORTATION Greater Minnesota Transportation Alternatives Solicitation (BIKE / PEDESTRIAN GROUPING) 2022/23 Full Application Funding in year 2027 Applicant: City of Monticello CITY � Monticello Full Application 1 Table of Contents Tableof Contents................................................................................................................................... 2 Overview............................................................................................................................................... 3 2022/23 Solicitation Timeline................................................................................................................ 3 RelatedDocuments................................................................................................................................ 3 Transportation Alternatives Full Application.......................................................................................... 4 GeneralInformation........................................................................................................................... 4 ProjectInformation........................................................................................................................4 PreviousApplication: ...................................................................................................................... 4 ContactInformation.......................................................................................................................4 ProjectBudget................................................................................................................................... 5 TableA— Eligible Items.................................................................................................................. 6 TableB — Ineligible Items................................................................................................................7 TotalProject Budget....................................................................................................................... 7 ATPProject Evaluation....................................................................................................................... 8 Eligibility......................................................................................................................................... 8 Project Information Overview........................................................................................................ 8 EvaluationCriteria.......................................................................................................................... 9 Sponsoring Agency Resolution......................................................................................................... 14 Sample Resolution Language........................................................................................................ 14 Resolution Agreeing to Maintain Facility.......................................................................................... 15 Sample Resolution Language........................................................................................................ 15 ApplicationChecklist........................................................................................................................ 16 Signatures........................................................................................................................................ 17 Notes: The solicitation for Transportation Alternatives funding for the seven -county Twin Cities metropolitan area (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington counties) is conducted by the Metropolitan Council and the Transportation Advisory Board. For more information about the metro area solicitation, visit the Met Council website. Full Application 2 Overview For the 2022/23 application cycle, MnDOT is conducting a solicitation for Transportation Alternatives (TA) projects. Important eligibility requirements to be aware of are noted below. • The TA funding available through this solicitation is for project construction in fiscal year 2027. TA funding requires a 20 percent local match. Only projects located outside of the seven -county metropolitan area are eligible for TA funding. Maximum funding awards are set by each Area Transportation Partnership. See the TA Solicitation Guidebook for more information about the program and additional eligibility requirements. 2022/23 Solicitation Timeline • Monday, October 3rd, 2022 — Announce TA solicitation. Open letter of intent period. • Monday, November 4th, 2022 — Deadline for applicants to submit letters of intent. • Friday, November 18th, 2022 — Deadline for RDO/MPO/district review of letters of intent. Recommendation to proceed forward with full application given to applicants. • Monday, November 21St, 2022 — Official start of full application period. • Friday, January 13th, 2023 — Deadline for applicants to submit full applications. • Monday, April 14th, 2023 — Deadline for ATPS to select TA projects. Related Documents • TA Solicitation Guidebook — includes information related to the overall solicitation process and eligibility requirements for TA funding. Full Application 3 Transportation Alternatives Full Application General Information Notes: • If the overall project contains ineligible elements, please mention the entire project in the brief project description but concentrate the application and budget on the elements that are eligible for the funding you are seeking. • Sponsoring Agencies, if sponsoring for another project applicant, are advised to have dialog with the project applicant to ascertain the level of commitment by the applicant to follow through on delivery of the project, including the potential use of eminent domain. Project Information Name of project: CSAH 39 Trail- Bertram Connection Phase 1 Project is located in which county(ies): Wright Brief project description (100 words or less): This project will construct an approximately 4600'segment of 10' wide bituminous pathway that will provide a multiuse trail connecting the downtown residential and commercial core to the residential and commercial/industrial areas along Chelsea Road as well as a vital connection to the Northeast entrance to Bertram Chain of Lakes Regional Park. Project applicant: City of Monticello Previous Application: • Has this project been previously submitted to the ATP -3 for TA funds and not awarded? ® No ❑ Yes If so, what year(s)? Click here to enter text. • Explain if the comments provided to you from ATP -3 have been addressed and describe any other activities that have taken place to advance the project: N/A Contact Information Contact person (from applicant agency/organization): Ryan Melhouse Mailing address: 909 Golf Course Road City: Monticello State: MN Zip: 55362 Phone: (763) 271-3227 Fax: 763-271-3272 Email: ryan.melhouse@ci.monticello.mn.us Sponsoring agency (if different than applicant): Click here to enter text. Full Application 4 Project Budget Notes: • Identify estimated project costs, using the following budget categories as a guideline. Where appropriate, break down your costs by units purchased. For example: number of acres, cubic yards of fill, etc. Attach additional sheets if necessary. • Cost estimates are to be submitted in funding year dollars. Full Application Table A — Eligible Items' Eligible work/construction Unit Estimated quantity Estimated i Total cost item Clearing & Grubbing TREE 5 Unit cost $3,125.00 $12,000.00 $625.00 Remove Bituminous Pvmt SF 6000 $2.00 Remove Concrete Walk SF 200 $2.50 $500.00 $480.00 $12,000.00 Remove Concrete C&G Bituminous Pvmt (w/ Base) LF 60 3000 $8.00 $4.00 SF Common Excavation CY 4500 $20.00 $ 90,000.00 Common Borrow 6" Concrete Walk (w/ Base) 3" Bit Trail CY 2000 $20.00 $ 40,000.00 $43,200.00 SF 2400 $18.00 SF 43000 $3.00 $129,000.00 Concrete B6 C&G (w/ Base) LF Concrete V Curb (w/Base) LF Truncated Domes SF 4500 $35.00 $30.00 $75.00 $157,500.00 400 $12,000.00 240 $18,000.00 Retaining Wall SF 1300 $80.00 $104,000.00 15"rcp Storm sewer LF 27" rcp Storm Sewer LF 1100 $65.00 $80.00 $71,500.00 $128,000.00 $80,000.00 1600 36" rcp Storm Sewer LF 800 $100.00 catch basin EA 28 $4,000.00 $38,000.00 $200.00 $112,000.00 $38,000.00 $75,000.00 RRFB pedestrian flasher Bridge Railing EA 1 LF 375 Storm Sewer Relocation EA 5 $4,000.00 $5,000.00 $4,000.00 $20,000.00 Light Relocation EA 3 $15,000.00 Hydrant Relocation EA 1 $4,000.00 Traffic Control LS 1 $15,000.00 $ 15,000.00 Relocate Sign Sediment Control Log Each 18 $225.00 $ 4,050.00 $ 15,300.00 LF 5100 $3.00 Inlet protection each 28 $220.00 $ 6,160.00 Common topsoil Borrow CY 1200 $55.00 $ 66,000.00 Seed acre 4 $5,000.00 $ 20,000.00 $1,291,800.00 TOTAL TABLE A: Full Application Table B — Ineligible item S2 Ineligible work/construction item Engineering Total Project Budget Estimated quantity Estimated Unit Total cost cost Lump Sum $193,770 $193,770 TOTAL TABLE B: $193,770 1. Total cost (Total Table A+ Total Table B): $1,485,570.00 2. Total eligible costs— recommended range $100,000 to $800,000 (Total Table A): $1,291,800.00 3. Applicant's contribution toward eligible TA costs —minimum 20% match required: $491,800.00 4. Total amount requested in TA funds (#2 minus #3): $800,000 1 See the ATP Project Evaluation section of this document for any additional requirements related to project costs. z Includes Right of Way or Land Acquisition (e.g., appraisal fees, legal fees), Administrative Costs (e.g., preliminary and construction engineering and contingencies). Full Application 7 CSAH 39 Trail- Bertram Connection Phase 1 — Proposed TA grant trail — Existing trails and sidewalks 0 500 1000 2023 trail and sidewalk construction segments Feet — Future trail extension CSAR 39 Trail -Overall Map 2022 TA Grant Monticello, MN Apartments i F f CSAH 39 Ar � 1% T� y 1 #� 1 asq, �z " Moor�= •. ' �� . a 1 r n I CSAR 39 Trail- Sheet 2 2022 TA Grant Monticello, MN CSAR 39 Trail -Sheet 3 2022 TA Grant Monticello, MN CSAR 39 Trail -Sheet 4 2022 TA Grant Monticello, MN CSAR 39 Trail -Sheet 5 2022 TA Grant Monticello, MN City Council Agenda:11/27/23 2H. Consideration of adopting Resolution 2023-98 authorizing submission of a Local Road Improvement Program (LRIP) grant application for the CSAH 39 and Chelsea Road roundabout improvement Prepared by: Meeting Date: ® Consent Agenda Item Project Engineer 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: Public Works Director/City Engineer, City Administrator Finance Director ACTION REQUESTED Motion to adopt Resolution 2023-98 authorizing submission of an LRIP grant application for the CSAH 39 and Chelsea Road roundabout improvement project. REFERENCE AND BACKGROUND As part of continued efforts to improve the local road system, the City Council is asked to approve submission of an application for a Minnesota Department of Transportation (MNDOT) Local Road Improvement Program (LRIP) grant on behalf of the City. The LRIP grant is solicited by MNDOT and is designed to assist local governments in completing a variety of local road improvement projects. The proposed grant application would facilitate the construction of a roundabout at the intersection of CSAH 39 and Chelsea Road. For the 2023 grant cycle, there is $102 million available statewide. The LRIP grant provides for capital construction costs only; engineering, right of way, and other non -construction related costs that would need to be funded with City or County funds. The maximum grant award for 2023 is $1.5 million. The application is due on December 8, 2023, with awards being announced in March or April 2024. Wright County indicated they will provide a letter of support for the grant application. Budget Impact: The estimated project cost is $1.5 million which includes engineering and construction. A $800,000 grant request is being initially proposed. Per Wright County's Cost Participation Policy, they would participate in 75% of the matching construction costs since only one of the four legs of the proposed roundabout is a City roadway. Projects must be complete by 2026, and city staff propose budgeting for the project in 2025. II. Staff Workload Impact: Impacts to staff workload will be approximately 10-20 hours to assist with the grant application. City Council Agenda:11/27/23 III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends adopting Resolution 2023-98 authorizing submission of a LRIP grant application and pledging support for the CSAH 39 and Chelsea Road roundabout improvement. SUPPORTING DATA • Resolution 2023-98 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2023-98 RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION FOR THE LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) FOR CSAH 39/CHELSEA ROAD ROUNDABOUT IMPROVEMENT, CITY PROJECT 22COOS WHEREAS: the Local Road Improvement Program (LRIP) was established in Minnesota Statutes to provide funding assistance to local agencies on transportation projects; and WHEREAS: there is a total funding available of $102.967 million to be issued with a project cap of $1.5 million; and WHEREAS: LRIP funds can be used on reasonable elements associated with roadway construction and that other costs, including but not limited to: consultant engineering and inspection, utility construction, as well as construction costs above the LRIP award will need to have alternate funding sources; and WHEREAS: the City of Monticello is planning a roundabout improvement at the CSAH 39 and Chelsea Road intersection; and WHEREAS: the Local Road Improvement Program (LRIP) administered by the Minnesota Department of Transportation makes available up to $1,500,000 to apply towards projects on local roads that are regionally significant, result in safety improvements, and address transportation deficiencies. THEREFORE, BE IT RESOLVED THAT. the City of Monticello authorizes submission of the LRIP grant application and hereby agrees to assume full responsibility for the operation and maintenance of property and facilities related to the aforementioned project and hereby agrees that local funds will be used to pay all costs associated with the project beyond the LRIP grant award. ADOPTED BYthe Monticello City Council this 27T" day of November, 2023. CITY OF MONTICELLO Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk City Council Agenda: 11/27/2023 21. Consideration of approval of a contract with WSB for Ditch 33 Improvements in the amount of $196,534 Prepared by: Meeting Date: ® Consent Agenda Item Public Works Director/ City Engineer 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: Finance Director City Administrator ACTION REQUESTED Motion to approve a contract with WSB for Ditch 33 Improvements in the amount of $196,534. PREVIOUS COUNCIL ACTION January 14, 2019: City Council authorized the payment of $167,000 to Wright County for the discharge of stormwater from the Carlisle Village development per the agreement with Wright County and rescinded the transfer of a portion of County Ditch 33 to the City. July 26, 2021: City Council authorized the completion of a feasibility study for improvements on County Ditch 33 for a total amount of $25,970. August 8, 2022: City Council approved the purchase of an easement for $18,000 for construction of a new stormwater outlet from CSAH 39 to the Mississippi River. April 10, 2023: City Council approved accepting a water quality grant in the amount of $970,625 with Wright County for improvements to Ditch 33. June 12, 2023: City Council approved the purchase of a permanent easement for the improvements to County Ditch 33 for a total amount of $63,000. REFERENCE AND BACKGROUND Wright County Ditch (CD) 33 is a public drainage system. Wright County serves as the Drainage Authority for CD 33, and its administration of CD 33 is subject to Minnesota Statute Chapter 103E. Eastern portions of the city currently direct runoff to CD 33 as well as areas located within the orderly annexation area. The ditch was established in 1917, and many sections of the ditch are in disrepair. A feasibility study was completed identifying the existing conditions, and recommendations for improvements to Ditch 33 were noted. The recommended alternative was to provide a new outlet for the ditch across CSAH 39 east of the Tyler East subdivision. City Council Agenda: 11/27/2023 Easements were acquired for the new ditch outlet to the Mississippi River, and Wright County provided grant funding to help complete this work. Proposals were solicited from Houston Engineering Inc. and WSB. Both firms have experience working with this ditch system. The proposals received noted the following costs for services: • WSB - $196,534 • Houston Engineering Inc. - $212,451 Staff reviewed the two proposals and recommend WSB be selected for this project. Two separate grants through the Promoting Resilient Operations for Transformative, Efficient, and Cost -Saving Transportation (PROTECT) program were submitted. Initial discussions with MNDOT for the grant application sound promising; however, final selection won't be confirmed until late January 2024. If selected, funds must be obligated prior to June 2024. Due to the required permits needed for the new Mississippi River stormwater outlet, the design timeline is relatively short. If the City receives this grant, the City's contribution to the project would be greatly minimized and is expected to be only staff time for administering the project. Budget Impact: Wright County awarded the City with a $970,625 water quality grant for this project. The total project cost is estimated at $1,975,000, which is included in the draft 2024 budget and CIP in the Stormwater Fund. II. Staff Workload Impact: Staff will be involved throughout this project development. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends awarding this project to WSB. SUPPORTING DATA • Request for Proposal t a Monticello Request for Proposals Ditch 33 Outlet Improvements City Of Monticello Matt Leonard Public Works Director/City Engineer 763-271-3271 Matt. Leonard( a�ci.monticello.mn.us 505 Walnut Street Monticello, Minnesota 55362 www.ci.monticello.mn.us CITY OF MONTICELLO REQUEST FOR PROPOSALS TABLE OF CONTENTS I. Introduction A. General Information B. Term of Engagement C. Subcontracting II. Nature of Services Required A. Scope of Work to be Performed B. Standards to be Followed C. Reports to be Issued D. Additional Services III. Description of the City of Monticello IV. Time Requirements A. Anticipated Proposal Calendar B. Notification C. Schedule for Completion of Work V. Proposal Requirements A. General Requirements B. Detailed Proposal VI. Evaluation Procedures A. Evaluation Criteria B. Oral Presentations C. Final Selection D. Right to Reject Proposals VII. Appendices A. Insurance Requirements 1 CITY OF MONTICELLO REQUEST FOR PROPOSALS INTRODUCTION A. General Information The City of Monticello (City) is requesting proposals from qualified firms for engineering services. There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. The City of Monticello shall not be liable for any expenses incurred by the applicant including but not limited to expenses associated with the preparation of the proposal, attendance at the interviews, preparation of a compensation (fees) schedule or final contract negotiations. To be considered an electronic version of the proposal must be delivered to Matt.Leonard@ci.monticello.mn.us prior to the deadline. City of Monticello Attn: Matt Leonard 909 Golf Course Road Monticello, MN 55362 763-271-3271 Matt. Leonard @ci. man ticello. mn. us The proposal must be received no later than 4:30 p.m. on November 16, 2023. Proposers are solely responsible for delivering their proposals to the city before the deadline. Any proposal received after the deadline will not be considered. Interested firms should register by sending an email to Matt Leonard to ensure inclusion on any addenda or additional information provided to interested parties. The City reserves the right without prejudice to reject any or all proposals submitted. Proposals submitted will be evaluated by a Selection Committee consisting of: • Rachel Leonard, City Administrator • Matt Leonard, Public Works Director/City Engineer • Ryan Melhouse, Project Engineer • Matt Detjen, Agriculture and Drainage Coordinator — Wright County Following the evaluation, the committee will make a recommendation to the City Council; the Council will make the final selection. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. Firms may be requested to make oral presentations to the Selection Committee as part of the final evaluation process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance bythe firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. The City anticipates selection of a firm will be completed by November 27, 2023. Following the notification of the selected firm, the City expects a contract will be executed between both parties following the November 27th meeting of the City Council. B. Term of Engagement The contract term will start after City Council approval and is expected to end in with warranty inspection 2 years after construction completion and acceptance. A bid date for this project is anticipated in the spring of 2024 with construction expected to start in the summer of 2024 and to be complete by summer of 2025. C. Subcontracting The Consultant shall not assign or transfer any interest in the contract without prior written consent of the City. II. NATURE OF SERVICES REQUIRED A. Scope of Work to be Performed. The professional consulting firm will provide services to plan, design, construction inspection and management as required to construct a new outlet for County Ditch 33 as identified as Scenario 1 in the memorandum dated October 7, 2021. Federal ARPA funding has been secured through Wright County for this project. A federal PROTECT grant application has been requested and is pending approval. Depending on PROTECT funding the project scope might be reduced to include the construction of the new outlet. The date of the award for the PROTECT grant is estimated for the end of January 2024. The scope is to include the following items: • Utilizing watershed modeling currently being completed by Wright County to confirm adequate pipe sizing. • Prepare plans, specification, and construction administration for the construction of a new stormwater outlet to the Mississippi River. Stormwater improvements shall include all County Ditch 33 upgrades north of Interstate 94. These include the following: o Construct new outlet pipe in area where easements have been acquired. o Using modeling completed by Wright County to replace all tile lines north of interstate 94 with pipes sized to accommodate future development. • Coordinate with Wright County for the crossing of CSAH 39. • Ensure improvements comply with completed property acquisitions. • Ensure compliance with all local, state, and federal regulations not limited to the Minnesota DNR,US Army Corps of Engineer's, and the Wetland Conservation Act. • Coordination and communication with landowners adjacent to proposed improvements. B. Standards to be Followed. The project shall be constructed in accordance with MNDOT, Wright County, and City of Monticello standards and all funding agency requirements. C. Reports to be Issued. Design documents are to include 60% and 90% review submittals with final bid documents. Documents as required for public meetings shall also be provided. Following the completion of construction, as -built information shall be provided in both pdf and AutoCAD formats. All construction and contract documents are to be provided upon project completion. D. Additional Services Additional services are not anticipated but can be performed as allowed and desired upon the mutual consent and agreement of compensation between the City and selected firm. III. DESCRIPTION OF THE CITY OF MONTICELLO The City of Monticello was organized as a municipality in 1856. Monticello is located approximately 45 miles northwest of the Minneapolis -St. Paul metropolitan area along the 1-94 corridor in Wright County. Monticello's population is estimated at 14,455 and the city encompasses an area of 8.94 square miles. The city is categorized as a 501(a) entity by IRS Code and operates under the "Optional Plan A" form of government as defined in Minnesota Statutes. Under this plan, the government of the city is directed by a city council composed of an elected mayor and four elected city council members. The city council exercises legislative authority and determines all matters of policy. The city council appoints personnel responsible for the proper administration of all affairs relating to the city. Council members serve four-year terms, with two members elected every two years. The mayor is elected for a two-year term. The mayor and members of the city council are elected at large. IV. TIME REQUIREMENTS A. Anticipated Proposal Calendar The following is a list of key dates regarding the selection process: 1. Request for Proposals Released..........................................October 30, 2023 2. Proposals Due.................................................................. November 16, 2023 3. Contract Approved by City Council ................................. November 27, 2023 B. Notification It is anticipated that the staff -recommended firm will be notified prior to November 27, 2023 C. Schedule for Completion of Work Engineering and design work must be completed by May 15`h, 2023 so that some construction can be completed in the summer of 2023. This is do to grant funding requirements. The anticipated final construction completion date for this project is October 31, 2025. V. PROPOSAL REQUIREMENTS A. General Requirements 1. Inquiries Inquiries concerning the request for proposals and the subject of the request for proposals must be addressed to: 0 Matt Leonard Public Works Director/City Engineer 763-271-3271 Matt. leonard @ci. m onticello. mn. us All responses, questions, and correspondence should be directed to Matt Leonard. In the interest of fairness to all respondents, do not contact other staff or elected or appointed officials. Written questions on the RFP will be accepted until November 16 d at 4:30 p.m. to allow time for staff to respond. Written questions submitted after may go unanswered. 2. Submission of Proposals The following material is required to be received by November 16, 2023 at 4:30 p.m. for a proposing firm to be considered: Letter proposal no longer than 6 pages that indicates. i. Project Approach ii. Proposed Project Team and Experience iii. Schedule iv. Any Additional Information as Needed V. Total Consultant Cost vi. Insurance Certificate B. Detailed Proposal A brief description of each section is included below. 1. Project Approach Provide specific approaches, methods, and assumptions that will be utilized to accomplish the development of this project, including each work phase. Include details about the Consultant's approach to coordinating a public process. 2. Proposed Project Team and Experience • Identify the key project team members and describe their specific roles on the project. Include key team members from sub -consultant firms if any. • Describe relevant experience and provide information on at least three (3) reference projects completed in the last five (5) years. Provide personal references and contact information. • Include one-page resumes only for key members of the project team, including field personnel. • Include specific descriptions of proposed team members' roles on reference projects. Provide a contact name and information for each of the work items. 3. Schedule A proposed schedule from project initiation to final completion of construction. The schedule should include a listing of key tasks within each phase, key milestones and approximate dates, and deliverables. 4. Additional Information Include any other information that is believed to be pertinent, but not specifically requested elsewhere in this RFP. 5. Total Consultant Cost The consultant cost should be separated out as follows: i. Proposed costs for each scope of work for the project as listed in Section 2. ii. Hourly rates for all consultant employees who are expected to work on this project. These rates shall be the agreed upon costs for any additional services requested by the City, above what is detailed in the scope of this RFP. iii. Reimbursable costs including detail of service or item and applicable charge per unit. iv. Not to Exceed cost for the project. Proposals that do not include a 'Not to Exceed' cost will be disregarded with no further consideration. It is the responsibility of the proposing firm to accurately predict the amount of time that they will need to spend on all design and construction services for the project. The City requires the consultant to have a full-time inspection onsite during all work. The City will supplement the consultant's full-time construction inspection staff with our staff, to assist in public relation concerns. The city may elect to self -perform the project inspection and this phase would be removed from the project depending on staff availability. 6. Insurance Certificate Indicate ability to provide all necessary insurance certificates. VI. EVALUATION PROCEDURES A. Evaluation Criteria Proposals will be reviewed and evaluated by a team of City staff using the following criteria: 1. Consulting firm and key project staff experience with similar projects. In addition to understanding technical issues and having sound technical/ engineering expertise, the Consultant must also have an awareness and understanding of the social/political issues that can surround projects of this nature and must possess the personal and leadership skills necessary to navigate the project through the public process. 2. Proven successful construction management of projects of this nature is required. This includes the effective coordination and management of private and public utilities, contractors, adjacent property owners, and other stakeholders. A 3. Proven track record in successfully completing similar projects on time and within budget. Successful experience of both the firm itself and the individual team members will be considered. 4. Proposed approach to completing the project 5. Proposed consultant cost B. Oral Presentations During the evaluation process, the Selection Committee may, at its discretion, request any one orall firms to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the Selection Committee may have on a firm's proposal. Not all firms may be asked to make such oral presentations. C. Final Selection The City intends to recommend a firm based on the evaluation completed by the Selection Committee. The City Council will approve the final selection on November 13, 2023. D. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. The City reserves the right to reject any and all proposals, waive all technicalities and accept any proposal deemed to be in the city's best interest. APPENDIX A: INSURANCE REQUIREMENTS Insurance shall be in such form as will protect the Contractor from all claims and liabilities for damages for bodily injury, including accidental death, and for property damage, which may arise from operations under this contract, whether such operations by himself or anyone directly or indirectly employed by Contractor. Amount of Insurance A) Comprehensive General Liability: Bodily Injury or Property Damage - $1,000,000 each occurrence and general aggregate B) Automobile and Truck Liability: Bodily Injury or Property Damage - $1,000,000 each occurrence and general aggregate *Comprehensive General Liability coverage and Automobile and Truck Liability coverage may be met with a combination of coverage including excess and umbrella liability coverage. Type of Insurance for Contractor A) Workers Comprehensive Insurance: Coverage for all people employed by the Contractor to perform work under this contract. This insurance shall be in the amount of $500,000 for each accident, illness or disease or such other amount that may be required by the most current laws of the State of Minnesota, whichever is greater. B) Comprehensive General Liability Insurance: Covering bodily injuries and property damage and also including coverage for: 7 1) Injury to or destruction of wires, pipes, conduits, and similar property located below the surface of the ground, whether public or private. 2) Collapse of or structural injury to any building or structure except those on which work under this contract is being performed. 3) Contractual liabilities related to bodily injury and property damage. C) Automobile and Truck Liability Insurance: Covering bodily injury and property damage relating to operation of all motor vehicles and equipment, whether or not owned by the Contractor, being operated in conjunction with work under this contract. D) Product and Completed Operations Insurance: Coverage to be included in the amounts specified above for Comprehensive General Liability. Evidence of Insurance The City of Monticello shall be listed as an Additional Insured on the Certificates of Insurance. The Contractor shall submit Certificates of Insurance to the Owner at the time of execution of the Service Contract. Written notice shall be given to the City of Monticello at least thirty (30) days prior to cancellation or non- renewal of such insurance coverage. As evidence of insurance coverage, the Owner may, in lieu of actual policies, accept official written statements from the insurance company certifying that all the insurance policies specified are in force for the specified period of the contract. City Council Agenda: 11/27/2023 2J. Consideration of adopting Resolution 2023-99 accepting the Feasibility Report and settine a public hearine for December 11. 2023. for the 7th Street Retainine Wall. RRFB and Sidewalk Improvement Project Prepared by: Meeting Date: 0 Consent Agenda Item Public Works Director/City Engineer 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: Finance Director, Project Engineer, City Administrator Community Development Director ACTION REQUESTED Motion to adopt Resolution 2023-99 accepting the Feasibility Report and setting a public hearing for December 11, 2023, for the 7th Street Retaining Wall, RRFB, and Sidewalk Improvement Project. PREVIOUS COUNCIL ACTION February 13, 2023: City Council authorized the preparation of a Feasibility Report for the 7th Street Retaining Wall, RRFB, and Sidewalk Improvement Project and approved a contract amendment with Hakanson Anderson to provide engineering services at a price of $61,200. REFERENCE AND BACKGROUND The City Council authorized the preparation of a Feasibility Report addressing retaining wall and sidewalk improvements in the following locations: • The reconstruction of approximately 385 feet of retaining wall along the south side of 7th Street just west of Locust Street. • Construction of sidewalk along the north side of 7th Street connecting Locust Street to Walnut Street. • Replacement of the rectangular rapid flashing beacon located at the intersection of Walnut Street and 7th Street. • Construction of sidewalk along the south side of 7th Street between where it ends east of Cedar Street to Washington Street excluding the portion of sidewalk scheduled to be installed by Wiha Tools. City Council Agenda: 11/27/2023 The Feasibility Report concluded that the proposed improvements are necessary, cost-effective, and feasible and will benefit the properties that are proposed to be assessed per Minnesota Statutes section 429.021 and 459.14, subd 7 and the City's Assessment Policy. The project is planned to be included in the bid package for the Broadway East improvements scheduled for construction in 2024. I. Budget Impact: The project is to be funded from the Capital Projects Fund and is included in the draft 2024 budget and CIP. The estimated project cost, including engineering, is $748,709 and $337,930 is proposed to be assessed as shown in the feasibility report. II. Staff Workload Impact: Extensive staff time will be spent reviewing the project submittals. III. Comprehensive Plan Impact: Monticello 2040's Mobility chapter includes a goal for Connectivity: "A City connected through a complete and well-designed system of streets, sidewalks and trails that provides access to neighborhoods, parks, schools, commercial centers and regional destinations." The proposed project aligns with this goal, completing a continuous pathway segment along 7t" Street, one of Monticello's most heavily traveled collector roads. The segment is in an area of mixed residential, commercial and industrial uses, where enhanced pedestrian and bicycle routes support access between and among the uses. STAFF RECOMMENDED ACTION City staff recommends approval of the resolution. SUPPORTING DATA A. Resolution 2023-99 B. Feasibility Report CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2023-99 ACCEPTING FEASIBILITY REPORT FOR 7" STREET RETAINING WALL, RECTANGULAR RAPID FLASHING BEACON, AND SIDEWALK IMPROVEMENT PROJECT WHEREAS, a Feasibility Report has been prepared for the 7Th Street Retaining Wall, Rectangular Rapid Flashing Beacon, and Sidewalk Improvement Project: WHEREAS, the report was received by the City Council on November 27, 2023; and WHEREAS, the report included the retaining wall and sidewalk improvements include the following: • The reconstruction of approximately 385 feet of retaining wall along the south side of 711 Street just west of Locust Street. • Construction of sidewalk along the north side of 7th Street connecting Locust Street to Walnut Street. • Replacement of the rectangular rapid flashing beacon located at the intersection of Walnut Street and 7th Street. • Construction of sidewalk along the south side of 7th Street between where it ends east of Cedar Street to Washington Street excluding the portion of sidewalk scheduled to be installed by Wiha Tools. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNICL OF MONTICELLO, MINNESOTA: 1. The Council will consider the proposed improvements of sidewalks in accordance with the Feasibility Report and the assessment of abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvements of $748,709 with $337,930 proposed to be assessed. 2. A public hearing shall be held on such proposed improvements on the 11th day of December, 2023 in the Council Chambers of City Hall at 6:30 p.m. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. ADOPTED BYthe Monticello City Council this 271h day of November, 2023. ATTEST: Jennifer Schreiber, City Clerk CITY OF MONTICELLO Lloyd Hilgart, Mayor 1► FEASIBILITY REPORT FOR THE 7TH STREET RETAINING WALL, RRFB, AND WALK IMPROVEMENT PROJECT CITY OF MONTICELLO, MINNESOTA November 14, 2023 Prepared by: Hakanson 7 Anderson Hakanson Anderson 3601 Thurston Avenue Anoka, MN 55303 Telephone: 763-427-5860 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. 23461 November 14, 2023 Crail J. Jo um, P.E. Lic. No. Date Hak3601 Thurston anson Main Office: 45 Avenue, Anoka, MN 55303 7 Anderson Phone: 763/427-5860 Fax: 763/427-0520 www.haa-inc.com November 14, 2023 Matt Leonard, Public Works Director / City Engineer City of Monticello 505 Walnut Street Monticello, MN 55362 RE: Feasibility Report 7th Street Retaining Wall, RRFB, and Walk Improvement Project Dear Mr. Leonard: Enclosed please find the Feasibility Report for the City of Monticello's 7th Street Retaining Wall, RRFB, and Walk Improvement Project. This project will include the reconstruction of an existing retaining wall, the construction of new sidewalks in three areas along 7th Street, and the construction of a new Rectangular Rapid Flashing Beacon (RRFB) at the intersection of 7th Street and Walnut Street. A location map of the project areas is shown on Exhibit 1. The proposed improvements are technically feasible and will benefit the areas served. The total estimated project cost for the 7th Street Retaining Wall, RRFB, and Walk Improvement Project is $687,509. The project costs include construction costs plus 20 percent for construction contingency, engineering, legal, and administrative expenses. We would welcome the opportunity to present and discuss the contents of this report with you and your staff, the City Council, the benefiting property owners, and other interested parties. If you have any questions or need additional information, please call me at 763-852-0485. Sincerely, Hakanson Anderson Craig J. oc um, P.E. Project Engineer TABLE OF CONTENTS TITLE PAGE LETTER OF TRANSMITTAL TABLEOF CONTENTS.......................................................................................................TC-1 1. PROJECT DESCRIPTION................................................................................................1-4 2. ESTIMATED COSTS.............................................................................................................5 3. PROPOSED ASSESSMENTS................................................................................................5 4. PROJECT SCHEDULE..........................................................................................................6 5. CONCLUSIONS......................................................................................................................6 EXHIBIT Location Map APPENDIX Appendix A Estimated Quantities and Project Costs Appendix B Property List and Assessment Summary TC - 1 7TH STREET RETAINING WALL, RRFB, AND WALK IMPROVEMENT PROJECT CITY OF MONTICELLO, MINNESOTA 1. PROJECT DESCRIPTION This project will include the reconstruction of an existing retaining wall, the construction of new sidewalks in three areas along 7th Street, and the construction of a new Rectangular Rapid Flashing Beacon (RRFB) at the intersection of 7th Street and Walnut Street. A map showing the project locations is included on Exhibit 1. A. Wall Construction This part of the project will include the reconstruction of approximately 385 lineal feet of modular block retaining wall. The wall location is shown below. The existing wall height ranges from 1 to 6 feet in height and is currently showing signs of failure. A significant amount of impervious surface area from the commercial parking lots drain to the low area in the parking lots which is approximately 100 feet west of the east end of the wall. Stormwater is collected at the low area by two catch basins which discharge into an 18" storm pipe. Based on the stormwater model that was developed to analyze the system capacity, the low area will overflow the curb to the north which then overflows the existing retaining wall for all rainfalls greater than a 2 -year storm event. The continuous overflow of stormwater over the wall is contributing to the wall failure. To eliminate the stormwater from overflowing the wall, it is proposed to construct the new wall approximately 1 foot higher than the existing wall and to construct an overflow in the curb. This design will direct stormwater for larger events to the east between the curb and the new wall. „_-;Z - _ r Legend z � W�� 1�OE35tTLIChOt] v J"CC, s a 41 7TH -ST W Q -S' JR & R N, LLC BBF pmp%lin be _2w . a B. Area I Sidewalk and RRFB Construction Area I includes the construction of a new sidewalk segment on the north side of 7th Street between Locust Street and Walnut Street. It also includes the construction of a RRFB at the intersection of Walnut Street and 7th Street. The location of the proposed improvements is shown below. The new sidewalk section will facilitate directing pedestrians to the intersection of Walnut Street and 7th Street where they can cross 7th Street at the new RRFB. To eliminate the need for retaining walls on the new sidewalk segment, the north curb line on 7th Street between Locust Street and Walnut Street will be reconstructed approximately 5 feet south of its current location. Legend Sidewalk Construction�,5 i A, �CO til David W. Brinkman A, J SPO, LLC Area 1 j �' RRFB +M ---- +I ar -a r.7-7 " 7-1 MMM f N C. Area 2 Sidewalk Construction Area 2 includes the construction of a new segment of sidewalk on the south side of 7th Street from the US Post Office to Wright Street. The location of this sidewalk segment is shown below. The construction of this sidewalk along with the sidewalk construction in Area 3 will complete the pedestrian route on the south side of 7th Street from Highway 25 to Washington Street. This sidewalk segment starts at the east side of the US Post Office driveway and will connect to a new sidewalk segment that is being built as part of the site improvements that are currently in progress on the property just east of the Monticello Training Center property. This sidewalk will also cross one existing driveway. Legend Sidewalk Construction , f � p Co Area 2 4 fl� 7rfY2C-2 us �� E Postat Bravera monticeft 5ervioe Bank Training Center • 'rRs r,4'r,, s¢ D. Area 3 Sidewalk Construction Area 3 includes the construction of a new segment of sidewalk on the south side of 7th Street from the Washington Street Roundabout to the east end of the sidewalk that is currently being constructed on the property just east of the Monticello Training Center property. The location of this sidewalk segment is shown below. The construction of this sidewalk along with the sidewalk construction in Area 2 will complete the pedestrian route on the south side of 7th Street from Highway 25 to Washington Street. Legend Sidewalk Construction f CO A. � cq �rH 4 0 5rE Area 3 Bluffs m h oWscello, LLC E 2. ESTIMATED COSTS The total estimated cost for this project is $687,509. The estimated project cost includes a 20 percent contingency for construction, engineering, legal, and administrative expenses. A summary of the project costs by project area is shown below. Appendix A includes a detailed breakdown of the estimated quantities and project costs. Area Construction Overhead & Contingency Total Wall Construction $244,842 $48,968 $293,810 Area 1 - Sidewalk Construction $128,814 $25,763 $154,577 Area 2 - Sidewalk Construction $104,138 $20,828 $124,966 Area 3 - Sidewalk Construction $37,422 $7,484 $44,906 RRFB Construction $57,709 $11,542 $69,251 SUMMARY OF TOTAL COSTS $572,924 $114,585 $687,509 3. PROPOSED ASSESSMENTS The public improvement and property assessment process shall be carried out in accordance with Minnesota Statutes Chapter 429. The assessments shall be calculated in accordance with the current City Special Assessment and Trunk Area Policies and Procedures for Public Improvements and Maintenance Costs. The assessments for this project shall be calculated based on the "front footage" method of assessment for non-residential properties. The front footage assessment method applies to non-residential properties and is measured at the property line. Individual parcels can differ considerably in shape and area. In these cases, the actual physical dimensions of a parcel abutting an improvement (i.e., street, sewer, water, etc.) may not be construed as the frontage utilized to calculate the assessment for a particular parcel. Rather, an "adjusted front footage" will be determined. The purpose of this method is to equalize assessment calculations for lots of similar size. Individual parcels by their very nature differ considerably in shape and area. Per Section IO.B.1.c of the policy, new sidewalks along existing undeveloped properties shall be assessed 100% on a front foot basis for non-residential properties. This policy will apply to two properties in Area 2 and the property in Area 3. Per Section IO.B.Ld of the policy, new sidewalks either as a stand-alone project or as part of a street reconstruction project, shall be assessed 50% on a front foot basis for non-residential commercially zoned properties and assessed 25% for non-residential industrial zoned properties that abut the sidewalk. This policy will apply to the remaining properties not mentioned above. The cost of the RRFB's will not be assessed and it is proposed to assess the retaining wall construction at 50% of the project cost based on the footage of the wall on each property. The total estimated project cost is $687,509. The total cost proposed to be assessed to the benefitting properties is $337,930. Appendix B provides a list of the properties proposed to be assessed and the assessment calculations. 5 4. 5. PROJECT SCHEDULE The proposed schedule for the 7th Street Retaining Wall, RRFB, and Sidewalk Improvements Project shall be as follows. 2023 Monday November 27 City Council Approves Feasibility Report and Sets the Public Improvement Hearing Date Wednesday November 29 Thursday November 28 Monday December 11 Monday December 11 Wednesday December 13 Thursday December 21 2024 Monday January 8 Tuesday January 23 Monday February 12 Monday May 6 Wednesday July 3 Friday August 2 Friday August 2 Monday August 26 Wednesday August 28 Send Hearing Notice to Monticello Times for publication on December 7 and December 14 Mail Public Improvement Hearing Notices to Property Owners City Council Holds Public Improvement Hearing and Orders Preparation of Plans and Specifications City Council Authorizes Advertisement for Bid Send Advertisement for Bid to Monticello Times and Finance and Commerce Advertisement for Bid Notice Published in the Monticello Times and Finance and Commerce City Council Approves Plans and Specifications Open Bids at City Hall City Council Approves Bids and Awards Contract Start Construction Construction Substantial Completion Construction Final Completion Prepare Final Assessment Roll City Council Approves Final Assessment Roll and Sets the Assessment Hearing Date Send Advertisement for Assessment Hearing to Monticello Times for publication on September 1 Wednesday August 28 Mail Public Assessment Hearing Notices to Property Owners Monday September 23 City Council Holds the Assessment Hearing CONCLUSIONS The proposed improvements are necessary, cost-effective, and feasible and will benefit the properties listed in Appendix B of this report. In our opinion, this improvement should be combined and completed with the East Broadway Avenue Improvement Project. Both of these projects are anticipated to be constructed in 2024. The City, its financial consultant, and the persons assessed should review the project for benefit to determine the economic feasibility of the proposed improvements. It is recommended that the City Council accept this Feasibility Report at their November 27, 2023 regular City Council meeting and schedule the date for the Public Improvement Hearing. Co EXHIBIT Location Map Wall Construction v ,NZT� TATE 94 NF h Of by Area 2 7th Street Retaining Wall, CITY 0 F N RRFB, and Walk Improvements Montice l, Legend llo Wall Construction MINNESOTA Sidewalk Construction Area 3 Exhibit 1 Location Map APPENDIX A Estimated Quantities and Project Costs Item No. Description Unit Unit Cost Retaining Wall Estimated Estimated Cost Quantity Sidewalk Area 1 Estimated Estimated Cost Quantity Sidewalk Area 2 Estimated Estimated Cost Quantity Sidewalk Area 3 Estimated Estimated Quantity Cost Estimated Quantity RRFB Estimated Cost Total Estimated Quantity Total Estimated Cost 1 MOBILIZATION LUMP SUM $20,000.00 0.42 $8,400 0.22 $4,400 0.19 $3,800 0.07 $1,400 0.10 $2,000 1 $20,000 2 CLEARING EACH $300.00 4.00 $1,200 2.00 $600 6 $1,800 3 GRUBBING EACH $200.00 4.00 $800 2.00 $400 6 $1,200 4 PAVEMENT MARKING REMOVAL LIN FT $2.00 636.00 $1,272 636 $1,272 5 PAVEMENT MARKING REMOVAL SQ FT $4.00 144.00 $576 144 $576 6 SALVAGE CASTING EACH $500.00 2.00 1 $1,000 1.00 $500 1.00 $500 4 $2,000 7 SALVAGE SIGN EACH $100.00 4.00 $400 1.00 $100 5 $500 8 SAWING CONCRETE CURB AND GUTTER LIN FT $8.00 4 $32 14.00 $112 3.00 $24 21 $168 9 SAWING CONCRETE PAVEMENT - FULL DEPTH LIN FT $6.00 77.00 $462 26.00 $156 12.00 $72 13 $78 128 $768 10 SAWING BITUMINOUS PAVEMENT - FULL DEPTH LIN FT $3.00 20.00 $60 382.00 $1,146 48 $144 450 $1,350 11 REMOVE RETAINING WALL LIN FT $50.00 368.00 $18,400 368 $18,400 12 IREMOVEFENCE LIN FT 1 $5.00 337.00 $1,685 337 $1,685 13 REMOVE CURB AND GUTTER LIN FT $10.00 20.00 $200 363.00 $3,630 45.00 $450 8 $80 436 $4,360 14 REMOVE CONCRETE PAVEMENT SQ FT $3.00 1,306.00 $3,918 108.00 $324 120 $360 1,534 $4,602 15 REMOVE BITUMINOUS PAVEMENT SQ FT $1.00 60.00 $60 3,416.00 $3,416 3,476 $3,476 16 SALVAGE LANDSCAPING SQ YD $25.00 68.00 $1,700 68 $1,700 17 EXCAVATION - COMMON CU YD $30.00 117.00 $3,510 208.00 $6,240 54.00 $1,620 379 $11,370 18 COMMON EMBANKMENT (CV) CU YD $50.00 59.00 $2,950 104.00 $5,200 32.00 $1,600 195 $9,750 19 HAUL AND DISPOSE OF EXCAVATED MATERIAL (LV) CU YD $20.00 152.00 $3,040 270.00 $5,400 70.00 $1,400 492 $9,840 20 IWATER MGAL 1 $75.00 3.40 $255 5.00 $375 10.00 $750 5.00 $375 23 $1,725 21 AGGREGATE BASE CLASS 5 TON $30.00 2.60 $78 255.00 $7,650 230.00 $6,900 75.00 $2,250 563 $16,890 22 MILL BITUMINOUS SURFACE (2") SQ YD $4.00 66.00 $264 66 $264 23 BITUMINOUS MATERIAL FOR TACK COAT GALLONS $10.00 12.00 $120 4.00 $40 16 $160 24 TYPE SP 9.5 WEARING COURSE MIXTURE (2;B) 2.0" THICK SQ YD $30.00 9.00 $270 340.00 $10,200 66.00 $1,980 9 $270 424 $12,720 25 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2;B) 2.5' THICK SQ YD $35.00 4.50 $158 255.00 $8,925 11.00 $385 5 $175 276 $9,660 26 PRECAST CONCRETE STONE RETAINING WALL SQ YD $572.00 250.00 $143,000 250 $143,000 27 MODULAR BLOCK RETAINING WALL SQ YD $300.00 17.00 $5,100 17 $5,100 28 IPIPE RAILING LIN FT $150.50 368.00 $55,384 368 $55,384 29 SALVAGE AND INSTALL SPRINKLER HEAD EACH $200.00 10.00 $2,000 10.00 $2,000 8.00 $1,600 28 $5,600 30 ADJUST GATE VALVE BOX EACH $450.00 1.00 $450 1 $450 31 INSTALL CASTING EACH $600.00 2.00 $1,200 1.00 $600 1.00 $600 4 $2,400 32 CONCRETE CURB & GUTTER LIN FT $35.00 20.00 $700 376.00 $13,160 46.00 $1,610 442 $15,470 33 4" CONCRETE WALK SQ FT $7.50 980.00 $7,350 5,265.00 $39,488 1,736.00 $13,020 7,981 $59,858 34 6" CONCRETE WALK SQ FT $15.00 776.00 $11,640 252.00 $3,780 120 $1,800 1,148 $17,220 35 8" CONCRETE WALK SQ FT $12.00 1,415.00 $16,980 102.00 $1,224 1,517 $18,204 36 ITRUNCATED DOMES SQ FT $85.00 24.00 $2,040 12.00 $1,020 24 $2,040 60 $5,100 37 INSTALL LANDSCAPE SQ YD $25.00 68.00 $1,700 68 $1,700 38 TRAFFIC CONTROL LUMP SUM $20,000.00 0.42 $8,400 0.22 $4,400 1 0.19 $3,800 0.07 $1,400 0.10 $2,000 1 $20,000 39 INSTALL SIGN EACH $100.00 4.00 $400 1.00 $100 5 $500 40 PEDESTRIAN CROSSWALK FLASHER SYSTEM SYSTEM $48,000.00 1 $48,000 1 $48,000 41 DECIDUOUS TREE 2" CAL BR EACH $800.00 4.00 $3,200 2.00 $1,600 6 $4,800 42 STORM DRAIN INLET PROTECTION EACH $225.00 4.00 $900 4.00 $900 3.00 $675 2.00 $450 13 $2,925 43 SILT FENCE; TYPE MS LIN FT $2.50 290.00 $725 290 $725 44 ISEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT $3.00 420.00 $1,260 350.00 $1,050 1,110.00 $3,330 222.00 $666 2,102 $6,306 45 LOAM TOPSOIL BORROW (LV) CU YD $50.00 40.00 $2,000 50.00 $2,500 75.00 $3,750 20.00 $1,000 185 $9,250 46 SITE RESTORATION SQ YD $4.00 900.00 $3,600 500.00 $2,000 1,312.00 $5,248 211.00 $844 2,923 $11,692 47 4" SOLID LINE MUTI-COMPONENT LIN FT $1.00 209.00 $209 209 $209 48 12" SOLID LINE MUTI-COMPONENT LIN FT $7.00 40.00 $280 40 $280 49 4" DOUBLE SOLID LINE MUTI-COMPONENT LIN FT $2.00 449.00 $898 449 $898 50 PAVEMENT MESSAGE MULTI-COMPONENT SQ FT $7.00 45.00 $315 45 $315 51 CROSSWALK MULTI-COMPONENT SQ FT $6.00 90.00 $540 127 $762 217 $1,302 CONSTRUCTION SUBTOTAL OVERHEAD AND CONSTRUCTION CONTINGENCY (20%) ESTIMATED PROJECT TOTAL $244,842 $128,814 $104,138 $37,422 $48,968 $25,763 $20,828 $7,484 $293,810 $154,577 $124,966 $44,906 ESTIMATED QUANTITIES 9-8-2023 Page 1 of 1 $57,709 $572,924 $11,542 $114,585 $69,251 $687,509 APPENDIX B Property List and Assessment Summary Property List and Preliminary Assessment Summary 7th Street Retaining Wall, RRFB, and Walk Improvements FRONT ASSESSMENT TOTAL PRELIMINARY PID PROPERTY ADDRESS OWNER/TAXPAYER OWNER ADDRESS ZONING FOOTAGE PERCENTAGE OWNER ASSESSMENT Retaining Wall Construction 155-068-001020 300 7TH ST W JR&R Il, LLC 901 HIGHWAY 59 CCD: Central Community District 110 50% $43,912 MARSHALL, MN 56258 155-068-000030 UNASSIGNED JR&R II, LLC 901 HIGHWAY 59 CCD: Central Community District 92 50% $36,726 MARSHALL, MN 56258 155-076-000010 206 7TH ST W BBF PROPERTIES, INC PO BOX 990 CCD: Central Community District 48 50% $19,162 MINNEAPOLIS, MN 55440 155-076-001010 206 7TH ST W BBF PROPERTIES, INC PO BOX 990 CCD: Central Community District 118 50% $47,105 MINNEAPOLIS, MN 55440 Sidewalk Area 1 155-010-006040 611 WALNUT ST SPO LLC 201 W 7TH ST CCD: Central Community District 133 50% $30,962 MONTICELLO, MN 55362 155-010-006030 UNASSIGNED SPO LLC 201 W 7TH ST CCD: Central Community District 33 50% $7,682 MONTICELLO, MN 55362 155-010-006031 UNASSIGNED DAVID W BRINKMAN 6400 46TH AVE SE CCD: Central Community District 33 50% $7,682 SAINT CLOUD, MN 56304 155-010-006010 221 7TH ST W DAVID W BRINKMAN TSIAINT 6400 46TH AVE SE CCD: Central Community District 133 50% $30,962 CLOUD, MN 56304 Sidewalk Area 2 155-029-002040 UNASSIGNED UNITED STATES POSTAL SERVICE 6800 64TH ST W OVERLAND PARK, KS 66202 IBC: Industrial and Business Campus District 185 100% $24,726 155-029-002050 UNASSIGNED BRAVERA BANK 220 1ST AVE W IBC: Industrial and Business Campus District 190 100% $25,394 DICKINSON, ND 58601 155-029-002070 406 7TH ST E MONTICELLO TRAINING CENTER LLC 15440 45TH ST NE SAINT MICHAEL, MN 55376 IBC: Industrial and Business Campus District 560 25% $18,711 Sidewalk Area 3 155-050-000020 UNASSIGNED BLUFFS IN MONTICELLO LLC 3339 CRYSTAL BAY RD IBC: Industrial and Business Campus District 279 100% $44,906 WAYZATA, MN 55391 City Council Agenda: 11/27/2023 2K. Consideration of adopting Resolution 2023-100 accepting the Feasibility Report and setting a public hearing for December 11, 2023, for the Broadway Street Roadway and Utility Improvement Project Prepared by: Meeting Date: ® Consent Agenda Item Public Works Director/City Engineer 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: Finance Director City Administrator ACTION REQUESTED Motion to adopt Resolution 2023-100 accepting the Feasibility Report and setting a public hearing for December 11, 2023, for the Broadway Street Roadway and Utility Improvement Project. PREVIOUS COUNCIL ACTION April 24, 2023: Approved preparation of a feasibility study and approved a contract with Hakanson Anderson for engineering services in the amount of $253,000. October 23, 2023: Approved a funding and construction agreement with Wright County. REFERENCE AND BACKGROUND The City Council authorized the preparation of a Feasibility Report for improvements to be included with Wright County's pavement reconditioning project along CSAH 75 (Broadway Street) from MN Trunk Highway 25, Pine Street, to the CSAH 39/18 (Fenning Avenue) intersection. These improvements include: • Spot repair of the concrete curb and gutter • Reconstruct pedestrian ramps to current ADA standards. • Repair Sanitary Sewer and Storm Manholes • Add a concrete sidewalk on the north side of Broadway Street between signal at Hospital Entrance towards Hart Boulevard to the east. Add a sidewalk along the easterly edge of the Hospital parking lot that would cross Hart Boulevard and connect to the riverwalk trail leading into Ellison Park. • Add a paved trail on the north side of Broadway Street between Hart Boulevard and Fenning Avenue. • Add Pathway Lighting on the south side of Broadway Street between Washington Street and Fenning Avenue. City Council Agenda: 11/27/2023 • Upgrade non -turf center median islands consistent with project currently under design on Broadway Street west of Hwy 25. Landscaping expected to include a combination of hardscape and vegetative landscaping with the installation of irrigation for each island area. • Add enhanced pedestrian crossings at the intersections of Broadway Street and Cedar Street and Broadway Street and Wright Street. • Add boulevard trees along with a drip irrigation system between middle school and Fenning Avenue. • Replace manhole castings and rings and gate valve covers as needed throughout the project area. The Feasibility Report concluded that the proposed improvements are necessary, cost-effective, and feasible and will benefit the properties that are proposed to be assessed per Minnesota Statutes section 429.021 and 459.14, subd 7 and the City's Assessment Policy. The project is planned to be included in the bid package for the Broadway East improvements scheduled for construction in 2024. Budget Impact: The project is to be funded from the Capital Projects Fund. The estimated project cost including engineering and material testing is $3,400,000. Wright County's share is estimated at $1,540,000 and $30,932 is proposed to be assessed as shown in the feasibility report. These amounts are included in the draft 2024 budget and CIP. II. Staff Workload Impact: Extensive staff time will be spent managing the project. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of the resolution. SUPPORTING DATA A. Resolution 2023-100 B. Feasibility Report CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2023-100 ACCEPTING FEASIBILITY REPORT FOR BROADWAY STREET ROADWAY AND IMPROVEMENT PROJECT WHEREAS, a Feasibility Report has been prepared for the Broadway Street Roadway and Improvement Project: WHEREAS, the report was received by the City Council on November 27, 2023; and WHEREAS, the report included the following improvements to be included with Wright County's pavement conditioning project along CSAH 75 from MN Trunk Highway 25 to CSAH 39/18 Intersection: • Spot repair of the concrete curb and gutter. • Reconstruction of pedestrian ramps to current ADA standards. • Repair Sanitary Sewer and storm manholes. • Add a concrete sidewalk on the north side of Broadway Street between signal at Hospital Entrance towards Hart Boulevard to the east. Add a sidewalk along the easterly edge of the Hospital parking lot that would cross Hart Boulevard and connect to the riverwalk trail leading into Ellison Park. • Add a paved trail on the north side of Broadway Street between Hart Boulevard and Fenning Avenue. • Add Pathway Lighting on the south side of Broadway Street between Washington Street and Fenning Avenue. • Upgrade non -turf center median islands consistent with project currently under design on Broadway Street west of Hwy 25. Landscaping expected to include a combination of hardscape and vegetative landscaping with the installation of irrigation for each island area. • Add enhanced pedestrian crossings at the intersections of Broadway Street and Cedar Street and Broadway Street and Wright Street. • Add boulevard trees along with a drip irrigation system between middle school and Fenning Avenue. • Replace manhole castings and rings and gate valve covers as needed throughout the project area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNICL OF MONTICELLO, MINNESOTA: The Council will consider the proposed improvements of sidewalks in accordance with the Feasibility Report and the assessment of abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvements of $3,400,000. Wright County's share is estimated at $1,540,000 with $30,932 proposed to be assessed. 2. A public hearing shall be held on such proposed improvements on the 111h day of December, 2023 in the Council Chambers of City Hall at 6:30 p.m. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. ADOPTED BYthe Monticello City Council this 27th day of November, 2023. ATTEST: Jennifer Schreiber, City Clerk CITY OF MONTICELLO Lloyd Hilgart, Mayor FEASIBILITY REPORT FOR THE BROADWAY STREET ROADWAY & UTILITY IMPROVEMENTS r r _ Il �offim f411rit► CITY OF MONTICELLO, MINNESOTA November 14, 2023 Prepared by: Hakanson 7 Anderson Hakanson Anderson 3601 Thurston Avenue Anoka, MN 55303 Telephone: 763-427-5860 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. tj- 23461 11/14/2023 Crall J. Jo um, P.E. Lic. No. Date Hak3601 Thurston anson Main Office: 45 Avenue, Anoka, MN 55303 7 Anderson Phone: -5860 www.haa-inc.a-inacom November 14, 2023 Matt Leonard, Public Works Director / City Engineer City of Monticello 505 Walnut Street Monticello, MN 55362 RE: Feasibility Report Broadway Street Roadway & Utility Improvement Project Dear Mr. Leonard: Enclosed please find the Feasibility Report for the City of Monticello's and Wright County's Broadway Street Roadway & Utility Improvement Project. This project will include a mill and overlay of the County State Aid Highway 75 (Broadway Street) street surface, spot repair of the concrete curb and gutter, the reconstruction of pedestrian ramps to current ADA standards, repair of sanitary sewer and storm sewer manholes, the construction of new sidewalks and trails in two areas along Broadway Street, the construction of a new Rectangular Rapid Flashing Beacon (RRFB) at the intersection of Broadway Street and Cedar Street, and the installation of new lights along the existing trail on the south side of Broadway Street from Washington Street to Fenning Avenue. This project will also include updating the landscaping and installing irrigation in the first three westerly medians. The Project Limits are shown on Exhibit 1. This is a joint project between the City of Monticello and Wright County. Costs will be split in accordance with the Funding Participation and Construction Agreement No. 23-54. The total estimated project cost for the Broadway Street Roadway & Utility Improvement Project is $3,076,531. The estimated project cost between the City of Monticello and Wright County is $1,641,108 and $1,435,423, respectively. The project costs include construction costs plus 15 percent for construction contingency, engineering, legal, administrative, and fiscal expenses. Additional detail of the cost is included in Appendix B. We would welcome the opportunity to present and discuss the contents of this report with you and your staff, the City Council, the benefiting property owners, and other interested parties. If you have any questions or need additional information, please call me at 763-852-0485. Sincerely, Hakanson Anderson W— CrailJ. kfum, P.E. Project Engineer TABLE OF CONTENTS TITLE PAGE LETTER OF TRANSMITTAL TABLEOF CONTENTS.......................................................................................................TC-1 1. INTRODUCTION................................................................................................................1-5 2. ESTIMATED COSTS.............................................................................................................6 3. PROPOSED ASSESSMENTS................................................................................................6 4. PROJECT SCHEDULE.. 7 5. CONCLUSIONS......................................................................................................................7 EXHIBITS Exhibit 1 —Project Limits Exhibit 2 — RRFB Layout APPENDIX Appendix A Property List and Assessment Summary Appendix B Estimated Quantities and Project Costs Appendix C Sidewalk Construction Estimate TC - 1 Broadway Street Roadway & Utility Improvement Project CITY OF MONTICELLO, MINNESOTA 1. INTRODUCTION This is a joint project between the City of Monticello and Wright County. This project will include a mill and overlay of the County State Aid Highway 75 (Broadway Street) street surface, spot repair of the concrete curb and gutter, the reconstruction of pedestrian ramps to current ADA standards, repair of sanitary sewer and storm sewer manholes, the construction of new sidewalks and trails in two areas along Broadway Street, the construction of a new Rectangular Rapid Flashing Beacon (RRFB) at the intersection of Broadway Street and Cedar Street, and the installation of new lights along the existing trail on the south side of Broadway Street from Washington Street to Fenning Avenue (County Road 18). This project will also include updating the landscaping and installing irrigation in the first three westerly medians. The Project Limits are shown on Exhibit 1. A. Broadway Street Overlay Broadway is a four -lane divided street which is classified as a Minor Arterial. The 2022 two- way traffic volumes for Broadway Street were reported as 12,819 vehicles per day from Highway 25 to Washington Street and 8,272 vehicles per day from Washinton Street to Fenning Avenue. This project will include the overlay of Broadway Street from Highway 25 to Fenning Avenue. The ideal time to overlay a street is after it is showing some distress, but before the distress has become severe. A thin overlay of 2 inches or thicker provides structural strength to the street and can significantly extend its service life. In our opinion, Broadway Street is suitable for an overlay as proposed. Prior to the overlay, the street will be milled so the new overlay matches the existing curb. It is anticipated that the mill and overlay will continue on the side streets to the end of the radiuses. B. RRFB Construction This project will include the construction of a new RRFB at the intersection of Broadway Street and Cedar Street. The location of the RRFB is shown below. The RRFB will include overhead mast arms. The draft plan view of the system is shown on Exhibit 2. 0 RRFB 2 CO 4 �r � C. Sidewalk/ Trail Construction A new 6 -foot -wide segment of sidewalk is proposed to be constructed on the north side of Broadway Street along the south side of the CentraCare property. A 10 -foot -wide bituminous trail is also proposed from the east end of the new sidewalk to Hart Boulevard as show below. This sidewalk / trail construction will complete a connection from the hospital entrance to the riverwalk trail that leads to Ellison Park. 3 A second segment of 10 -foot -wide bituminous trail is proposed to be constructed on the north side of Broadway Street from Hart Boulevard to Fenning Avenue as shown below. This trail will provide a completed trail route from the riverwalk trail to Fenning Avenue. 2 D. Trail Lighting This project will also include the construction of trail lighting from Washington Street to Fenning Avenue. The preliminary layout includes 24 lights as shown below. E. Traffic Control Broadway Street is a four -lane divided roadway. It is anticipated that one lane of traffic in each direction will always remain open. Two main phases of traffic control are anticipated. The first phase will include closing the two outside lanes both east and west bound and the second phase would include closing the inside lanes closest to the median. Other short term traffic control will be required to complete the paving and striping operations. 5 2. ESTIMATED COSTS This is a joint project between the City of Monticello and Wright County. Costs will be split in accordance with the Funding Participation and Construction Agreement No. 23-54. The total estimated project cost for the Broadway Street Roadway & Utility Improvement Project is $3,076,531. The estimated project cost between the City of Monticello and Wright County is $1,641,108 and $1,435,423, respectively. The project costs include construction costs plus 15 percent for construction contingency, engineering, legal, administrative, and fiscal expenses. Additional detail of the cost is included in Appendix B. A summary of the project costs by agency is shown below. Appendix B includes a detailed breakdown of the estimated quantities and project costs. Agency Construction Overhead & Contingency Total City of Monticello $1,427,050 $214,058 $1,641,108 Wright County $1,248,194 $187,229 $1,435,423 SUMMARY OF TOTAL COSTS $2,675,243 $401,287 $3,076,531 3. PROPOSED ASSESSMENTS The public improvement and property assessment process shall be carried out in accordance with Minnesota Statutes Chapter 429. The assessments shall be calculated in accordance with the current City Special Assessment and Trunk Area Policies and Procedures for Public Improvements and Maintenance Costs. The assessments for this project shall be calculated based on the "front footage" method of assessment for non-residential properties. The front footage assessment method applies to non-residential properties and is measured at the property line. Individual parcels can differ considerably in shape and area. In these cases, the actual physical dimensions of a parcel abutting an improvement (i.e., street, sewer, water, etc.) may not be construed as the frontage utilized to calculate the assessment for a particular parcel. Rather, an "adjusted front footage" will be determined. The purpose of this method is to equalize assessment calculations for lots of similar size. Individual parcels by their very nature differ considerably in shape and area. Per Section 10.B.1.d of the policy, new sidewalks either as a stand-alone project or as part of a street reconstruction project, shall be assessed 50% on a front foot basis for non-residential commercially zoned properties. This policy will apply to the parcel being assessed. The total cost proposed to be assessed to the benefitting properties is $30,932. Appendix A provides a summary of the property being assessed for the sidewalk construction and Appendix C provides the detailed cost estimate for the sidewalk construction. Co 4. E PROJECT SCHEDULE The proposed schedule for the Broadway Street Roadway & Utility Improvement Project shall be as follows. 2023 Monday November 27 2024 Wednesday November 29 Thursday November 28 Monday December 11 Monday December 11 Wednesday December 13 Thursday December 21 Monday January 8 Tuesday January 23 Monday February 12 Monday May 6 Wednesday July 3 Friday August 2 Friday August 2 Monday August 26 Wednesday August 28 City Council Approves Feasibility Report and Sets the Public Improvement Hearing Date Send Hearing Notice to Monticello Times for publication on December 7 and December 14 Mail Public Improvement Hearing Notices to Property Owners City Council Holds Public Improvement Hearing and Orders Preparation of Plans and Specifications City Council Authorizes Advertisement for Bid Send Advertisement for Bid to Monticello Times and Finance and Commerce Advertisement for Bid Notice Published in the Monticello Times and Finance and Commerce City Council Approves Plans and Specifications Open Bids at City Hall City Council Approves Bids and Awards Contract Start Construction Construction Substantial Completion Construction Final Completion Prepare Final Assessment Roll City Council Approves Final Assessment Roll and Sets the Assessment Hearing Date Send Advertisement for Assessment Hearing to Monticello Times for publication on September 1 Wednesday August 28 Mail Public Assessment Hearing Notices to Property Owners Monday September 23 City Council Holds the Assessment Hearing CONCLUSIONS The proposed improvements are necessary, cost-effective, and feasible and will benefit the properties listed in Appendix A of this report. In our opinion, this improvement should be combined and completed with the 7t' Street Improvement Project. Both of these projects are anticipated to be constructed in 2024. The County, City, its financial consultant, and the persons assessed should review the project for benefit to determine the economic feasibility of the proposed improvements. It is recommended that the City Council accept this Feasibility Report at their November 27, 2023 regular City Council meeting and schedule the date for the Public Improvement Hearing. 7 EXHIBITS Exhibit 1 — Project Limits Exhibit 2 — RRFB Layout h Ri�FR STF AYw a� kipF RSTF ti h 2�� 3R0 STF � 4T �y 2 TySTF ySTF �Q =� a yz �P e�Go Miss�ssiaP�o R R/VAlF�� T:NQMAS_P.9RK.DR P, 7NT 7TH -WE CHELSEA RD 94 411k LU z Q w e�0 p w Z �q o �Z a V ARE (7 W Q J z � LL z z z D DUN DAS RD LL FT ® ®®1B ®®®® Exhibit 1 CITY r � OF N Legend Broadway Avenue —I-- Improvement Project MonLiceflOA � Project Area MINNESOTA Location Map .00 qy \ 100 GI ST ABBREVIATIONS F & I FURNISH AND INSTALL INS GRD INSULATED GROUND WIRE HH HANDHOLE PB PUSH BUTTON RRFB RECTANGULAR RAPID FLASHING BEACON SOP SOURCE OF POWER MIN MINIMUM LEGEND OF SYMBOLS POLE BASE NUMBER MAST ARM POLE FOUNDATION APS PUSH BUTTON STATION STREET LIGHT RAPID RECTANGULAR FLASHING BEACON HANDHOLE CONDUIT FLASHER SYSTEM SERVICE CABINET SOURCE OF POWER LOCATION DRAWN BY: JMG 5 DESIGNER: JMG D CHECKED BY: JMG DESIGN TEAM 0 30 scale feet �\ 1 F & I HH 1 F & I HH 2 4O (WORK BY INPLACE DECORATIVE STREET LIGHT POLE XCEL ENERGY) AND LUMINAIRE - REMOVE SPLICE TOGETHER EXISTING LIGHTING CABLES (WORK BY — INPLACE CONCRETE FOUNDATION - REMOVE CONTRACTOR) v � � / Q7 3 � � F-4 F & I HH 1 TO HH 2: �\ F-5 /\,�\ / 3-4/C CONDUIT14(RR B) (BORE) 1 -PB CABLE 1-3/C 14 (LUM) F-6 0 �� 1-1/C 6 (INS GRD) © INPLACE WOOD POLE (SOP) (XCEL ENERGY) F & I 1 2" CONDUIT STUB (EXTEND FROM SERVICE CABINET TO BASE OF WOOD POLE) SERVICE CABINET TO WOOD POLE: 2" CONDUIT 3-1/C 2 (COIL 50' OF CABLE AT BASE OF WOOD POLE FOR CONNECTION BY XCEL) D 14' NOTES: 1) THE EXACT LOCATION OF HANDHOLES AND FOUNDATIONS WILL BE DETERMINED IN FIELD BY ENGINEER. 2) ALL WIRES LISTED ARE AWG (AMERICAN WIRE GAUGE). 3) THIS PLAN SPECIFIES CONDUIT SIZES, TYPES & GENERAL LOCATIONS. THE EXACT LOCATIONS WILL BE DETERMINED IN THE FIELD. CONDUITS UNDER ANY EXISTING ROADWAYS, SIDEWALKS OR DRIVEWAYS WILL REQUIRE BORING. 4) ALL NEW CONDUIT SHALL BE PVC -SCHEDULE 80 OR HDPE SCHEDULE 80 AND SHALL CARRY 1/c#6 GREEN INSULATING GROUNDING CONDUCTOR. 5) NEW HANDHOLES SHALL BE AS PER THE MnDOT APPROVED PRODUCTS LIST (COVERS SHALL BE LABELED "CITY ELECTRIC"). SEE SPECIAL PROVISIONS. 6) FLASHER SYSTEM SHALL BE SET UP TO OPERATE BY PUSH BUTTON ACTIVATION. 7) ALL PEDESTRIAN CROSSWALK FLASHER SYSTEM WORK SHOWN ON THIS PLAN SHEET WILL BE MEASURED AND PAID FOR UNDER ITEM NO. 2565 (PEDESTRIAN CROSSWALK FLASHER SYSTEM B). 8) SEE DETAILS FOR FURTHER INFORMATION REGARDING MOUNTING OF RRFBs, SIGNS, PUSH BUTTONS, AND EQUIPMENT. 9) CONTRACTOR SHALL PROVIDE ALL SOFTWARE AND PERSONNEL TO TRAIN CITY STAFF IN THE SET-UP AND MAINTENANCE OF THE COMPLETE FLASHER SYSTEM (INCIDENTAL). 10) RUN ALL CABLES DIRECTLY TO EACH COMPONENT WITH NO SPLICING ALLOWED. 11) PAVEMENT MARKINGS, CURB RAMP AND SIDEWALK CONSTRUCTION WILL BE BY OTHERS AS PART OF COMPLETE PROJECT (SEE PROJECT SPECIFIC PLANS FOR THESE ITEMS). 12) ALL MOBILIZATION, TRAFFIC CONTROL, RESTORATION, AND WORK RELATED TO THE INSTALLATION OF THE PEDESTRIAN CROSSWALK FLASHER SYSTEM IS INCIDENTAL. 13) TYPE OF PUSH BUTTON CABLE SHALL BE FURNISHED AND INSTALLED BY CONTRACTOR THAT IS FULLY COMPATIBLE WITH THE APS PUSH BUTTON FURNISHED AND INSTALLED BY THE CONTRACTOR. 14) CONTACT THE POWER COMPANY (XCEL ENERGY) TO ARRANGE FOR THE POWER CONNECTION (INCIDENTAL). 15) LOCATE AND VERIFY INPLACE UTILITIES PRIOR TO COMMENCING WORK. CABINET CONCRETE FOUNDATIOIN FLASHER SYSTEM SERVICE CABII METER SOCKET AND ALL INTE CABINET EQUIPMENT (METER I SEPARATE CIRCUIT BREAKER FO FLASHER SYSTEM (1-30A/1P; SEPARATE CIRCUIT BREAKERS F (2-15A/1P) CABINET TO WOOD POLE B: 2" CONDUIT 3-1/C 2 CABINET TO HH 1: 2" CONDUIT 3-1/C 6 (FLASHER SERVICE) 2-3/C 14 (LUM) 1-1/C 6 (INS GRD) I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY UCENSED MONTICELLO PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. PHONE: (651) 490-2000 _ 3535 VADNAIS CENTER DR. Name : John M Gray, PE SEH ST. PAUL, MN 55110 MINNESOTA REVISIONS Date: October 23, 2023 Lic. No. 22457 S.A.P. XXX -XXX -XX PEDESTRIAN CROSSWALK FLASHER SYSTEM B FILE N0. �� HAKAN 17331 INTERSECTION LAYOUT FLASHER SHEET CSAH 75 (EAST BROADWAY) AT CEDAR STREET 7 OF g S8 APPENDIX A Property List and Assessment Summary Property List and Assessment Summary Broadway Street Roadway & Utility Improvements Project FRONT ASSESSMENT TOTAL PRELIMINARY PID PROPERTY ADDRESS OWNER/TAXPAYER OWNER ADDRESS ZONING FOOTAGE PERCENTAGE OWNER ASSESSMENT Sidewalk Construction 155-208-001010 1013 HART BOULEVARD MONTI-BIG LAKE COMM HOSPITAL 1013 HART BOULEVARD B-2: Limited Business 476 50% $30,932 MONTICELLO, MN 55362 MONTICELLO, MN 55362 APPENDIX B Estimated Quantities and Project Costs Estimated Quantities and Project Costs Item No. Description Unit Unit Cost S.A.P. 086-675-020 CSAH 75 Estimated Quantity Estimated Cost LOCAL NON- PARTICIPATING Estimated Estimated Quantity Cost Total Estimate Cost 1 MOBILIZATION LUMP SUM $150,000.00 0.48 $72,000 0.52 $78,000 $150,000 2 CLEARING EACH $300.00 0.50 $150 11.50 $3,450 $3,600 3 GRUBBING EACH $200.00 0.50 $100 11.50 $2,300 $2,400 4 SALVAGE SIGN EACH $100.00 20 $2,000 $2,000 5 REMOVE MANHOLE OR CATCH BASIN EACH $600.00 28 $16,800 $16,800 6 REMOVE CASTING EACH $200.00 1 28 $5,600 $5,600 7 REMOVE VALVE BOX EACH $200.00 3 $600 $600 8 SAWING CONCRETE PAVEMENT- FULL DEPTH LIN FT $6.00 199 $1,194 199 $1,194 $2,388 9 ISAWING BITUMINOUS PAVEMENT - FULL DEPTH (PED RAMPS) LIN FT $3.00 905 $2,715 905 $2,715 $5,430 10 SAWING BITUMINOUS PAVEMENT - FULL DEPTH (REPAIRS) LIN FT $3.00 3,696 $11,088 $11,088 11 REMOVE RETAINING WALL LIN FT $30.00 30 $900 $900 12 REMOVE CURB AND GUTTER (PEDESTRIAN RAMPS) LIN FT $10.00 1 720 $7,200 720 1 $7,200 $14,400 13 REMOVE CURB AND GUTTER (REPAIR) LIN FT $10.00 3,080 $30,800 $30,800 14 REMOVE CONCRETE PAVEMENT SQ FT $4.00 4,583 $18,332 4,583 $18,332 $36,664 15 REMOVE BITUMINOUS PAVEMENT (PEDESTRIAN RAMPS) SQ FT $3.00 2,913 $8,739 2,913 $8,739 $17,478 16 REMOVE BITUMINOUS PAVEMENT (REPAIRS) SQ FT $3.00 6,160 $18,480 $18,480 17 SALVAGE AND REPLACE LANDSCAPING EACH $1,500.00 3 $4,500 $4,500 18 EXCAVATION - COMMON CU YD $25.00 625 $15,625 $15,625 19 EXCAVATION - SPECIAL CU YD $30.00 1 321 $9,630 $9,630 20 COMMON EMBANKMENT (CV) CU YD $50.00 250 $12,500 $12,500 21 HAUL AND DISPOSE OF EXCAVATED MATERIAL (LV) CU YD $20.00 1,230 $24,600 1 $24,600 22 WATER MGAL $75.00 50 $3,750 $3,750 23 JAGGREGATE BASE CLASS 5 (PEDESTRIAN RAMPS) TON $30.00 336 $10,080 336 $10,080 $20,160 24 AGGREGATE BASE CLASS 5 (TRAIL AND WALKS) TON $30.00 530 $15,900 $15,900 25 MILL BITUMINOUS SURFACE (2") SQ YD $2.00 56,398 1 $112,796 $112,796 26 BITUMINOUS MATERIAL FOR TACK COAT GALLONS $2.50 3,948 $9,870 $9,870 27 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) 3.0" THICK SQ YD $30.00 1,160 $34,800 $34,800 28 TYPE SP 9.5 WEARING COURSE MIXTURE (4,C) TON $108.00 6,204 $670,032 $670,032 29 TYPE SP 12.5 BITUMINOUS FOR PATCHING (PEDESTRIAN RAMPS) TON $150.00 90 $13,500 90 $13,500 $27,000 30 ITYPE SP 12.5 BITUMINOUS FOR PATCHING (REPAIRS) TON $150.00 207 $31,050 $31,050 31 SAW AND SEAL JOINT LIN FT $15.00 1 300 $4,500 $4,500 32 CONNECT TO EXISTING STORM SEWER EACH $1,500.00 28 $42,000 $42,000 33 IRRIGATION SYSTEM LUMP SUM $25,000.00 1 $25,000 $25,000 34 SALVAGE AND INSTALL SPRINKLER HEAD EACH $200.00 50 1 $10,000 $10,000 35 VALVE BOX EACH $650.00 3 $1,950 $1,950 36 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL EACH $1,000.00 28 $28,000 $28,000 37 ICASTING ASSEMBLY EACH $1,100.00 28 $30,800 $30,800 38 GROUT CATCHBASIN OR MANHOLE (STORM) EACH $300.00 1 108 $32,400 $32,400 39 GROUT MANHOLE (SANITARY) EACH $300.00 12 $3,600 $3,600 40 CONCRETE CURB & GUTTER (PEDESTRIAN RAMPS) LIN FT $40.00 720 $28,800 720 $28,800 $57,600 41 CONCRETE CURB & GUTTER (REPAIR) LIN FT $40.00 3,080 $123,200 $123,200 42 4" CONCRETE WALK SQ FT $7.50 2,780 $20,850 $20,850 43 6" CONCRETE WALK SQ FT $15.00 5,598 $83,970 5,598 $83,970 $167,940 44 8" CONCRETE WALK SQ FT $12.00 600 $7,200 $7,200 45 TRUNCATED DOMES SQ FT $85.00 516 $43,860 516 $43,860 $87,720 46 LIGHT FOUNDATION DESIGN E MODIFIED EACH $1,100.00 24 $26,400 $26,400 47 LIGHT TYPE 1 EACH $12,500.00 24 1 $300,000 $300,000 48 1.5' NON-METALLIC CONDUIT LIN FT $12.00 5,000 $60,000 $60,000 49 TRAFFIC CONTROL LUMP SUM $50,000.00 0.48 $24,000 0.52 $26,000 $50,000 50 INSTALL SIGN EACH $100.00 20 $2,000 $2,000 51 PEDESTRIAN CROSSWALK FLASHER SYSTEM SYSTEM $109,000.00 0.50 $54,500 0.50 $54,500 $109,000 52 DECIDUOUS TREE 1.5' CAL B&B EACH $600.00 40 $24,000 $24,000 53 EROSION CONTROL SUPERVISOR LUMP SUM $3,500.00 0.48 $1,680 0.52 $1,820 1 $3,500 54 STORM DRAIN INLET PROTECTION EACH $225.00 20.00 $4,500 40 $9,000 $13,500 55 SILT FENCE; TYPE MS LIN FT $2.50 1,800 $4,500 $4,500 56 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT $3.00 720.00 $2,160 720 $2,160 $4,320 57 LOAM TOPSOIL BORROW (LV) CU YD $70.00 30.00 $2,100 311 $21,770 $23,870 58 ISITE RESTORATION SQ YD $2.75 1 795.00 $2,186 8,959 $24,637 $26,823 59 4" SOLID LINE MUTI-COMPONENT LIN FT $1.00 30,800.00 $30,800 $30,800 60 10" SOLID LINE MUTI-COMPONENT LIN FT $6.00 275.00 $1,650 $1,650 61 12" SOLID LINE MUTI-COMPONENT LIN FT $7.00 1,120.00 $7,840 $7,840 62 24" SOLID LINE MUTI-COMPONENT LIN FT $9.00 255.00 $2,295 $2,295 63 4" BROKEN LINE MUTI-COMPONENT LIN FT $1.50 3,050.00 $4,575 $4,575 64 PAVEMENT MESSAGE MULTI-COMPONENT SQ FT $7.00 500.00 $3,500 $3,500 65 CROSSWALK MULTI-COMPONENT SQ FT 1 $6.00 3,845.00 $23,070 $23,070 CONSTRUCTION SUBTOTAL $1,248,194 $1,427,050 $2,675,244 OVERHEAD AND CONSTRUCTION CONTINGENCY (15%) $187,229 $214,058 $401,287 ESTIMATED PROJECT TOTAL $1,435,423 $1,641,108 $3,076,531 ESTIMATED QUANTITIES 9-19-2023 2 Inch Overlay Page 1 of 1 APPENDIX C Sidewalk Construction Estimate Sidewalk Construction Estimate Item No. Description Unit Unit Cost Sidewalk Construction PID 155-208-001010 Estimated Estimated Cost Quantity 1 MOBILIZATION LUMP SUM $3,000.00 1 $3,000 2 SALVAGE SIGN EACH $100.00 4 $400 3 SAWING CONCRETE PAVEMENT - FULL DEPTH LIN FT $6.00 25 $150 4 REMOVE CURB AND GUTTER LIN FT $10.00 30 $300 5 EXCAVATION - COMMON CU YD $30.00 106 $3,180 6 COMMON EMBANKMENT (CV) CU YD $50.00 53 $2,650 7 HAUL AND DISPOSE OF EXCAVATED MATERIAL (LV) CU YD $20.00 138 $2,760 8 WATER MGAL $75.00 10 $750 9 AGGREGATE BASE CLASS 5 TON $30.00 133 $3,990 10 SALVAGE AND INSTALL SPRINKLER HEAD EACH $200.00 12 $2,400 11 4" CONCRETE WALK SQ FT $7.50 2,650 $19,875 12 6" CONCRETE WALK SQ FT $15.00 207 $3,105 13 TRUNCATED DOMES SQ FT $85.00 32 $2,720 14 TRAFFIC CONTROL LUMP SUM $1,000.00 1 $1,000 15 INSTALL SIGN EACH $100.00 4 $400 16 EROSION CONTROL SUPERVISOR LUMP SUM $200.00 1 $200 17 STORM DRAIN INLET PROTECTION EACH $225.00 3 $675 18 SILT FENCE; TYPE MS LIN FT $2.50 485 $1,213 19 LOAM TOPSOIL BORROW (LV) CU YD $70.00 50 $3,500 20 SITE RESTORATION SQ YD $2.75 555 $1,526 CONSTRUCTION SUBTOTAL $53,794 OVERHEAD AND CONSTRUCTION CONTINGENCY (15%) $8,069 ESTIMATED PROJECT TOTAL $61,863 ESTIMATED QUANTITIES 9-19-2023 2 Inch Overlay Page 1 of 1 City Council Agenda: 11/27/2023 2L. Consideration of accepting quotes and authorizing the purchase of a Toro Fertilizer/SprayMaster for $19,734 for the Parks, Arts & Recreation Department in conjunction with the Central Equipment Fund and declaring the 2006 Lesco Fertilizer spreader as surplus property Prepared by: Meeting Date: ® Consent Agenda Item Parks & Rec Director 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: Finance Director City Administrator ACTION REQUESTED Motion to authorize the purchase of a Toro fertilizer/SprayMaster for a total of $19,734 for the Parks, Arts & Recreation Department in conjunction with the Central Equipment Fund and declare the 2006 Lesco Fertilizer as surplus property. REFERENCE AND BACKGROUND The Parks, Arts & Recreation Department proposes to purchase a Toro Fertilizer/SprayMaster. Staff researched and field-tested comparable units and determined this option operated best for the needs of the City. The Toro comes equipped with a 60 -gallon spray tank and a 250 - pound fertilizer hopper with hydraulic controls. The Toro will be used for ballfield maintenance and turf maintenance. Two quotes were received. The lowest quote was a state contract quote from Minnesota Equipment of Rogers in the amount of $19,734. Staff recommends the proposed equipment replace the 2006 Lesco Suzuki fertilizer spreader which will be declared as public surplus and brought to a local auction. It has a value of approximately $500. Budget Impact: The 2023 budget includes $61,000 for the replacement of the Cushman. In July the City Council approved the purchase of two Kubota 520 RTVs equipped with Rahn groomers for $32,942. At the time staff requested the remaining funds of $27,637 to be used for replacing the 2006 Lesco Fertilizer spreader in the fall. The Toro Fertilizer/SprayMaster at a cost of $19,734 will be funded out of the Central Equipment Fund. II. Staff Workload Impact: Parks, Arts & Recreation staff will manage the auction details and take delivery of the new machine. City Council Agenda: 11/27/2023 III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommend the purchase of a Toro fertilizer/SprayMaster for a total of $19,734 for the Parks, Arts & Recreation Department in conjunction with the Central Equipment Fund. SUPPORTING DATA A. Quotes B. Pictures AdlbvA BMW-, ORWA 0 14L 0 Shane Fisher MINNESOTA ,low EQUIPMENT --Providing Solutions Since 1916-- 13725 Main St. Rogers, MN 55374 763-204-1171 Cell shanefisher amnequip.com wwwNinnesotaEquipment.com 2 Stand -On 60 Galion SprayMaster Model: 34240 UFC/EAN: 21038342405 See All Items in Spreader / Sprayers • The control panel allows the operator to conveniently make adjustments for a precise application. • Maximize ground coverage with two 60 -gallon spray tanks and 250 Ib. hopper capacity. • Reduce operator fatigue with rubber compression in the foot p and a larger padded knee bolster. • The flip up hopper provides easy access to the engine and batt for maintenance. Show More Josh Berthiaume City of Monticello MTI Distributing Equipment Quote November 15, 2023 Quote Expiration Date: 12/15/2023 MINNESOTA STATE CONTRACT PRICING - CONTRACT #224320 Qty Model Description Quote Price Each Quote Price Number Extended 1 34240 Stand -On 60 Gallon SprayMaster $19,733.36 $19,733.36 Equipment Total $19,733.36 6.875% Sales Tax Exempt Total $19,733.36 Net 30 Terms with qualified credit Equipment delivery and set-up at no additional charge All commercial products purchased by a credit card will be subject to a 2.5% service fee. Thank you for the opportunity to submit this quote. If you have any questions, please do not hesitate in contacting us. Larry Gorman Outside Sales Representative 612-877-0830 Karen Wangensteen Inside Sales Representative 763-592-5643 MTI Distributing, Inc. - 4830 Azelia Avenue N. #100 - Brooklyn Center, MN 55429 1 commit to the purchase as detailed on quote above. 1 reserve the right to opt out of intended purchase at any time prior to scheduled delivery. Name: Signature: Date: e" a�Ai f T tA� City Council Agenda: 11/27/2023 2M. Consideration of adopting Ordinance 817 amending Chapter 70 to include updates in accordance with the Snowalowine and Ice Removal Policv Prepared by: Meeting Date: ® Consent Agenda Item City Clerk 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to adopt Ordinance 817 amending Chapter 70 to include updates in accordance with the adopted Snowplowing and Ice Removal Policy. PREVIOUS COUNCIL ACTION October 23, 2023: City Council approved an amendment to the Snowplowing and Ice Removal Policy to restrict on -street parking from November 15 to April 1 between 1:00 a.m. and 6 a.m. November 13, 2023: City Council adopted an ordinance amendment to prohibit on - street parking from November 14 — April 1 between 1 a.m. and 6 a.m. REFERENCE AND BACKGROUND City Council adopted Ordinance 814 that prohibits on -street parking from November 15 to April 1 between 1:00 a.m. to 6:00 a.m. to ensure that parked vehicles are removed from roadways for snow removal. The ordinance, however, neglected to include instances of necessity when a snow event must be issued. The ordinance will be corrected to state: No parking is allowed on any city street or roadway between the hours of 1:00 a.m. and 6:00 a.m. from November 15 through April 1 or when a snow event is declared, except physicians on emergency calls. I. Budget Impact: N/A II. Staff Workload Impact: City staff will update ordinances. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION Staff recommend approving ordinance amendments to Chapter 70. SUPPORTING DATA • Draft Ordinance ORDINANCE 817 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA ORDINANCE AMENDING TITLE VII, TRAFFIC CODE, CHAPTER 70, SECTION 70.02, PARKING AND STOPPING THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS: Title VII, Chapter 20, Section B (11), is hereby amended as following: (B) Properly licensed, operable motor vehicles, passenger vehicles, and motorcycles may be parked in the public street where permitted but not on the boulevard portion of the public right-of-way subject to the further requirements of local parking regulations and applicable state statutes. A trailer of any type, properly licensed or not, is not considered a motor vehicle or part thereof when disconnected from its tow vehicle: (11) On any street or roadway between the hours of 1:00 a.m. and 6:00 a.m. from November 15 through April 1 or when a snow event is declared, except physicians on emergency calls. ADOPTED BY the Monticello City Council this 27th day of November, 2023. ATTEST: Jennifer Schreiber, City Clerk VOTING IN FAVOR: D10111INXCIN 9 =19111"reIIN Lloyd Hilgart, Mayor City Council Agenda: 11/27/23 2N. Consideration of authorizing staff to negotiate with an attorney for representation in Polyflourinated Substances (PFAS) related settlements Prepared by: Meeting Date: ® Consent Agenda Item Public Works Director/City Engineer 11/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to authorize staff to negotiate with an attorney for representation in Polyfluorinated Substances (PFAS) settlements. REFERENCE AND BACKGROUND Per- and Polyfluorinated Substances (PFAS) are a large, complex group of synthetic chemicals that have been used in consumer products. They are ingredients in various items including non- stick cookware, stain resistant clothing and carpets, firefighting foam, etc. They are also known as "forever chemicals" since they don't degrade easily. PFAS can cause health problems such as liver damage, thyroid disease, obesity, fertility issues, and cancer. Along with cities across the state, Monticello is being asked to join a class action settlement regarding PFAS chemicals. The current settlements include DuPont and 3M, and others may be added. For these current settlements we have a several options: • Opt -out of settlement and pursue our own claims against DuPont and 3M. • Remain in the class and submit a claim or object to the settlement. • Do nothing leaving Monticello included in the claim but receiving nothing from the settlement. The proposed legal representation would include advising the City regarding our options related to the 3M and DuPont settlements; taking all necessary actions on behalf of the City to either participate in, or opt out of, the settlements; working to maximize the City's recovery throughout the term of the settlements; and initiating and pursuing litigation on behalf of the City against all defendants addressing all other PFAS-related claims the City may have against PFAS manufacturers. The City's drinking water system wells were sampled and tested for 40 different types of PFAS compounds as part of the water treatment feasibility study that was completed in 2019. PFAS wasn't detected but PFBA was detected in all five wells, and PFBS and PFHxS were detected in City Council Agenda: 11/27/23 well 5. The Minnesota Department of Health (MDH) established a Hazard Index (HI) with a guidance level of 1.0 for PFAS compounds. Well 5 had the highest HI level at 0.09939 which is well below the 1.0 threshold for treatment set by the MDH. The city attorney recommended law firms representing other Minnesota cities, and those firms would be considered as a potential retainer. It is anticipated that the payment for legal services would be based on a percentage of reimbursement from these class-action lawsuits. Budget Impact: No budget impact is anticipated from this item. II. Staff Workload Impact: Staff will be involved in selecting and negotiating a contract for legal services. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of acquiring representation for PFAS litigation. SUPPORTING DATA 2IIIIIIIIIIIIII[Ore=A - City Council Agenda: 11/27/2023 3A. PUBLIC HEARING - Consideration of adopting Resolution 2023-101 approving the layout for the 1-94 Gap Project, State Project 8680-189 Prepared by: Meeting Date: ❑ Consent Agenda Item Public Works Director/City Engineer 11/27/2023 ® Public Hearing Item ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to adopt Resolution 2023-101 approving the final layout for State Project 8680-189 on Trunk Highway 94. PREVIOUS COUNCIL ACTION October 23, 2023: Set a public hearing for November 27, 2023 to consider approval of the final layout for the 1-94 Gap Project, State Project 8680-189. REFERENCE AND BACKGROUND The Minnesota Department of Transportation (MNDOT) prepared plans to complete State Project 8680-189, Trunk Highway 94 Gap project which would expand TH 94 to three lanes in each direction from 0.4 miles west of TH 25 to approximately 0.4 miles east of CSAH 37 in Albertville. Minnesota Statutes 161.164 municipalities are given the opportunity to provide input and approval of the final layout of improvements to the trunk highways. If the municipality disapproves a final layout the Commissioner of the Department of Transportation could chose not to proceed with the project, modify the municipality's request, or refer the final layout to an appeal board where they could recommend approval, make modifications, or recommend disapproval of the final layout. A link to the final layout plans is listed in supporting data. This proposed project includes three lanes for both eastbound and westbound TH 94 with an additional auxiliary lane westbound TH 94 between the on ramp for CSAH 18, Fenning Avenue, and TH 25. Noise walls are proposed to be installed along the north side of TH 94 just south of the intersection of Haug Avenue and 90th Street west to the Broadway Avenue underpass. Noise walls are also proposed along the south side of TH 94 starting at Freeway Fields to west to the CSAH 18, Fenning Avenue on-ramp. ADA improvements within the TH 94 right-of-way for Broadway Avenue and Fenning Avenue and 7th Street as well as Chelsea Avenue are also included as part of this project. City Council Agenda: 11/27/2023 The project is planned to be bid in February of 2024 with major construction starting in summer 2024 with construction expected to take 3 years to complete. Two lanes in each direction along TH 94 will be maintained throughout the project and closures to the Fenning Avenue loop ramps onto the interstate are expected to last one-month during construction. Budget Impact: No City costs are expected for this project, and the city will continue to maintain Broadway Avenue under the bridge. Major improvements to this area will still be MNDOT's responsibility. II. Staff Workload Impact: Staff time will be spent reviewing and coordinating the project. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of the resolution. SUPPORTING DATA A. Resolution 2023-101 B. Final Layout plans RESOLUTION NO. 2023-101 Resolution for Layout Approval At a Meeting of the City Council of the City of Monticello, held on the 27' day of November, 2023, the following Resolution was offered by and seconded by to wit: WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project 8680-189 on Trunk Highway 94, from 0.4 mile west of the Junction of TH 94 and TH 25 in Monticello to 0.4 mile east of CSAH 37 in Albertville within the City of Monticello for roadway expansion and reconstruction improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167: and WHEREAS, said final layout is on file in the District 3 Minnesota Department of Transportation office, Baxter, Minnesota, being marked as Layout No. 1B, S.P. 8680-189, from R.P. 193+00.000 to 202+00.528. NOW, THEREFORE, BE IT RESOLVED that said final layout for the improvement of said Trunk Highway within the corporate limits be and is hereby approved. Upon the call of the roll the following Council Members voted in favor of the Resolution: The following Council Members voted against its adoption: ATTEST: Mayor State of Minnesota County of City of Dated I do hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Monticello, Minnesota at a duly authorized meeting thereof held on the 27th day of November, 2023, as shown by the minutes of said meeting in my possession. (SEAL) City Clerk