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HomeMy WebLinkAbout08-26-2024 CC Agenda PacketAgenda City Council Meeting Monday, August 26, 2024, 6:00 PM City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /https://www.oronomn.gov/ 1. City Council Minutes 2. Claims/Bills 3. Rental License 4. Annual Gun Club Permit 5. Accept Donation of Volunteer Time - Resolution 7503 6. Accept Donation from Pelican Point HOA - Resolution 7504 7. OPD Handgun Purchase 8. Tonkawa Force Main Replacement Project Closeout (22-021) 9. #LA24-000041, 2914 Casco Point Road, Variance - Resolution 7505 10. Hennepin County Housing and Redevelopment Authority Participation request- Resolution 7483 11. Personnel Policy Updates 12. Baker Park Reserve Long-Range Plan Presentation and Resolution of Support 7506 13. Forest Lake and Crystal Bay Lake Improvement Districts (LID) 14. Work Session Schedule 15. Council Committee Reports Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda Presentations Public Safety Report Attorney Report City Administrator/Engineer Report Council Committee Reports Public Comments - (limit 3 minutes per person) This is an opportunity for the public to address the City Council. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. The council will first open the podium to city of Orono residents before opening the podium to any member of the public wishing to address the council. Sign up for email notifications at https://www.oronomn.gov/ 1 16. Closed session to discuss Barbara Schmidt vs. City of Orono (Crt. File 27-CV-21-7769)(Crt. Of Appeals A24-0089) Mayor/Council Report Closed Session Adjournment Upcoming Events 2024 Sept. 02 Labor Day - City Offices Closed Sept. 03 State Senate District 45 Special Election Candidate Forum, 7:00 p.m. @ Minnetonka Community Center Sept. 09 City Council Work Session, 5:00 p.m. Sept. 09 City Council Meeting, 6:00 p.m. Sept. 10 Orono School Board Candidate Forum, 7:00 p.m. @ Orono High School Auditorium Sept. 11 Coffee with the Mayor Sept. 11 Hennepin County Commissioner Dist. 6 Candidate Forum, 7:00 p.m. @ Minnetonka City Hall Sept. 14 Fall Cleanup Day Sept. 16 Planning Commission Meeting, 6:00 p.m. Sept. 18 MN House District 45A Candidate Forum, 8:00 p.m. @ Mound Council Chambers Sept. 20 Early Voting Begins Sept. 23 City Council Work Session, 5:00 p.m. Sept. 23 City Council Meeting, 6:00 p.m. Oct. 1 Orono Mayor/City Council Candidate Forum, 7:00 p.m. @ Orono High School Auditorium Sign up for email notifications at https://www.oronomn.gov/ 2 Minutes City Council Regular Meeting Monday, August 12, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 3 Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. ROLL CALL Orono City Council members present: Mayor Dennis Walsh, City Council Members Matt Johnson,Alisa Benson, Richard Crosby III, and Maria Veach.Members absent: None Staff present were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Fire Chief James Van Eyll and Community Development Director Laura Oakden. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA CONSENT AGENDA 1.City Council Minutes 2.Work Session Schedule 3.Claims/Bills 4.Rental License 5.Resignation and Recruitment –City Planner 6.Reroute Sewage for Lift Station #5 Improvements (351 West Lake Street) 7.Sanitary Sewer Rehabilitation Project Close-Out (23-014) 8.Accept Golf Course Donation –Resolution 7502 9.LA24-000035,2080 North Shore Drive,Variances-Resolution 7498 10.LA24-000034,2285 and 2305 Bayview Place,Variances,Resolution 7497 11.LA24-000037,3545 Ivy Place,Variance-Resolution No.7500 12.LA24-000036,2697 Casco Point Road,Variance-Resolution No.7499 13.LA24-000027,3295 and 3345 Fox Street,Easement Vacation and Interim Use Permit, Resolution-7496 Crosby moved, Johnson seconded, to approve the Agenda and the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 14.West Lakes Pickleball Project Sandy Rasmussen, 786 Wildhurst Trail,and Caroline Melberg, an Orono Parks Legacy board member, reported on a joint project between Orono Parks Legacy and the West Lakes Pickleball Club to develop a fundraising campaign for development of the planned pickleball courts.In February the City Council approved a nine-court pickleball complex near the donation garden.They explained the campaign to raise money for the courts and showed concept photos. A website has been created and is up and running and can accept pledges and donations. Rasmussen and Melberg said the West Lakes Pickleball Project was initiated in 2021 and the group is now working with Orono Parks and Recreation. The City has committed a $375,000 parcel of land near the Long Lake Fire Station and the donation garden and the volunteers are looking to raise $800,000 to 3 Minutes City Council Regular Meeting Monday, August 12, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 3 build the nine courts with parking for 40 to 50 cars. They outlined sponsorship and donation levels with the recognition available for each level. They will have a booth and court at James J Hill Days and an open house at the Wayzata County Club in early September. COMMUNITY DEVELOPMENT REPORT 15.LA24-000038, 3245 Wayzata Blvd, Interim Use Permit, Grading, Resolution 7501 The City Council is requested to review the Staff report, receive a presentation,and discuss and adopt the resolution approving an interim use permit for grading this property to remedy contaminated soil on a former dump site.Staff recommends approval conditioned on compliance with the permitting requirements set by the MPCA (Minnesota Pollution Control Agency)and Minnehaha Creek Watershed District. The Council discussed the item and asked questions of staff and the applicant, Kelsey Thompson, Lake West Development, Minnetonka. Crosby moved, Johnson seconded, to adopt the resolution of approval with the specified conditions. VOTE: Ayes 5, Nays 0. Community Development Director Oakden reported on May and June building permits and permit revenue.They are working on ordinance amendments in work sessions and are processing a few more applications. They accepted the resignation of the City Planner Natalie Nye and will be working to fill that position. PUBLIC SAFETY REPORT Chief Van Eyll reported on the stand-up status of the Orono Fire Department. The rental tanker is on site and the ordered tanker will be delivered in about a month. The brush medical truck will be delivered in early winter rather than the earlier time frame promised. The Fire Department visited neighborhood gatherings for National Night Out. He also updated on the remodel of city facilities to serve as interim fire stations. He reported on the number of calls and response times from July 1 to Aug. 5. Council members asked questions about the range of response times and a basis for comparison. CITY ATTORNEY REPORT Council members asked for clarification on what constitutes Minnesota Open Meeting Law violations as it relates to email.Attorney Mattick said “Reply All” should be avoided so as to not have an email discussion,but a single Reply-All would not be a violation. He also said endorsements from the Council dais during election season should be avoided. CITY ADMINISTRATOR/ENGINEER REPORT 16.Administrator/Engineer Report Edwards reported on street projects in the City that are finishing up and on other agencies doing street projects in Orono, including Hennepin County. He also reported on a Metropolitan Council sewer 4 Minutes City Council Regular Meeting Monday, August 12, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 3 interceptor repair project. He said these other agencies have project websites if citizens are interested in updates. The City has also been finishing up sewer maintenance projects. The new Parks and Facilities superintendent was set to begin work the next week. City Council members asked Edwards about setting up a process and fee schedule to allow for the disposal of larger branches over six inches at the brush site and directed Edwards to look into it and come back with options. COUNCIL COMMITTEE REPORTS 17.Council Committee Reports Benson and Johnson reported on the Orono Police Committee meeting including the number of calls, the police social worker program,an increase in online scams,and coordination between jurisdictions.A new K-9 will arrive in January to start training and will be able to start work next summer. The department has received a grant for an unmarked vehicle to patrol for distracted driving. Crosby and Veach reported on the Long Lake Fire Department Advisory Board. The budget has been finalized after the partial territory removal for the rest of the year. There will be ongoing discussions of how to deal with equipment ownership and unbundling of assets at the end of the contract. PUBLIC COMMENTS Michael Huddy,4119 Oak Street; Janie Delaney, 1315 Woodhill Ave; Brian Turbeville, 997 Wildhurst Trail;Clair Rood, 3280 Navarre Lane;John Sundell,1717 Jones Lane, Mound;Kelly Grady, 271 Greenhill Lane, Long Lake; David Heinsch, 5780 North Arm Drive, Mound provided comments. MAYOR/COUNCIL REPORT Mayor and Council provided reports. ADJOURNMENT Walsh moved, Crosby seconded, to adjourn the meeting at 8:10 p.m.to Monday, August 26, 2024, at 6:00 p.m.VOTE: Ayes 5, Nays 0. ATTEST: ____________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor Minutes approved by Orono City Council 26, 2024. Meeting videos and transcripts available at oronomn.gov. 5 Date: August 26, 2024 Item: 2 Presenter: Alicia Johnson, Resource Management Technician Section: Consent Agenda Title: Claims/Bills 1.Purpose: The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2.Background: The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 124098 to 124251 and ACH transactions 20130524 to 20130530 totaling $632,531.64. 3.Staff Recommendation: Staff recommends approval of a motion authorizing payment to the claims listed as presented. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits Check Register 2024-08-26 6 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Alex Collins 08/12/2024 124098 07.25.24 Pay 101-21600 7.25.24 PAYROLL NOT DIRECT DEPOSITED 308.70 Total 124098:308.70 Alex Collins 08/13/2024 124099 08.08.24 Pay 101-21600 8.8.24 PAYROLL NOT DIRECT DEPOSITED 356.44 Total 124099:356.44 AT&T MOBILTY 08/14/2024 124100 2873263270 101-41900-321 MOBILE SERVICE/AT&T Central Services 1,831.94 AT&T MOBILTY 08/14/2024 124100 2873263283 101-41900-321 AT&T BILL 06.06.24-07.25.24 Central Services 2,555.75 AT&T MOBILTY 08/14/2024 124100 2873732947 101-42260-321 AT&T BILL 6.26.24 - 7.25.24 Fire Protection Services 244.11 Total 124100:4,631.80 ESCROW REFUND 08/14/2024 124101 RPS23-0000 101-22205 ESCROW REFUND - RPS23-000036 - LDK BUILD 10,000.00 ESCROW REFUND 08/14/2024 124101 RPS23-0000 101-22205 ESCROW REFUND - RPS23-000036 - LDK BUILD 10,000.00- Total 124101:.00 GERTEN GREENHOUSES INC. - 08/14/2024 124102 7391/15 701-49800-212 PROPANE Fleet Services 25.99 Total 124102:25.99 HENNEPIN COUNTY INFO. TEC 08/14/2024 124103 1000230218 101-42110-414 RADIO/MDC LEASES Police Department 2,758.84 HENNEPIN COUNTY INFO. TEC 08/14/2024 124103 1000230239 651-49910-414 PW RADIOS Storm Water 76.40 HENNEPIN COUNTY INFO. TEC 08/14/2024 124103 1000230239 602-49450-414 PW RADIOS Sewer 76.39 HENNEPIN COUNTY INFO. TEC 08/14/2024 124103 1000230239 601-49400-414 PW RADIOS Water 76.40 HENNEPIN COUNTY INFO. TEC 08/14/2024 124103 1000230239 101-43000-414 PW RADIOS Public Works Department 76.39 HENNEPIN COUNTY INFO. TEC 08/14/2024 124103 1000230288 101-42260-414 FIRE RADIO FEES Fire Protection Services 500.04 Total 124103:3,564.46 LEAGUE OF MN CITIES INS TR 08/14/2024 124104 2024 WC AU 703-49960-151 2024 AUDITED WC INSURANCE 14,858.00 Total 124104:14,858.00 SHERWIN WILLIAMS 08/14/2024 124105 1260-5 440-48960-530 PAINT AND SUPPLIES FOR FIRE HQ Temporary North Fire Station 229.22 Total 124105:229.22 7 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SNAP-ON INDUSTRIAL 08/14/2024 124106 ARV-620812 701-49800-240 MECHANIC TOOLS Fleet Services 1,835.78 Total 124106:1,835.78 SWATMOD LLC 08/14/2024 124107 2024107 101-42110-437 MRAP TRAINING - SHERMAN/PALM Police Department 750.00 Total 124107:750.00 WASTE MANAGEMENT 08/14/2024 124108 7960127-159 603-49500-442 DUMPSTER FOR ROADSIDE DEBRIS Recycling 661.34 Total 124108:661.34 LDK BUILDERS INC 08/14/2024 124109 RPS23-0000 101-22205 ESCROW REFUND - RPS23-000036 - LDK BUILD 10,000.00 Total 124109:10,000.00 A 1 RENT IT 3607 08/26/2024 124156 205159-1 101-43000-224 PATCH TRUCK PROPANE Public Works Department 173.65 Total 124156:173.65 ACME TOOLS 08/26/2024 124157 13148461 415-42260-580 BATTERIES FOR EXTRICATION TOOLS 479.97 Total 124157:479.97 AWWA 08/26/2024 124158 SO178142 601-49400-433 AWWA MEMBERSHIP Water 240.00 Total 124158:240.00 BEAUDRY OIL & SERVICE INC 08/26/2024 124159 2684465 701-49800-212 DIESEL FUEL Fleet Services 1,240.79 BEAUDRY OIL & SERVICE INC 08/26/2024 124159 2684468 701-49800-212 UNLEADED FUEL Fleet Services 5,634.02 BEAUDRY OIL & SERVICE INC 08/26/2024 124159 2684469 701-49800-212 DIESEL FUEL Fleet Services 311.69 BEAUDRY OIL & SERVICE INC 08/26/2024 124159 2686643 701-49800-212 UNLEADED FUEL Fleet Services 804.77 BEAUDRY OIL & SERVICE INC 08/26/2024 124159 2688681 701-49800-212 DIESEL FUEL Fleet Services 2,577.55 Total 124159:10,568.82 BIFFS INC 08/26/2024 124160 W979617 101-45200-415 BIFF RENTAL-BEDERWOOD PARK Parks 257.00 BIFFS INC 08/26/2024 124160 W979618 101-45200-415 BIFF RENTAL-SUMMIT BEACH Parks 166.00 BIFFS INC 08/26/2024 124160 W979619 101-45200-415 BIFF RENTAL-HACKBERRY PARK Parks 182.00 BIFFS INC 08/26/2024 124160 W979620 613-49830-415 BIFF RENTAL-GOLF COURSE Golf Course 91.00 8 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BIFFS INC 08/26/2024 124160 W979621 101-45200-415 BIFF RENTAL-CRYSTAL BAY PLAYGROUND Parks 91.00 BIFFS INC 08/26/2024 124160 W979622 101-45200-415 BIFF RENTAL-NAVARRE PLAYGROUND Parks 166.00 BIFFS INC 08/26/2024 124160 W979623 101-45200-415 BIFF RENTAL-LURTON PARK Parks 91.00 BIFFS INC 08/26/2024 124160 W979624 101-43100-415 BIFF RENTAL-BRUSH SITE Brush Site 91.00 Total 124160:1,135.00 BITUMINOUS ROADWAYS INC 08/26/2024 124161 TONKAWA F 602-16500 22-021 TONKAWA FORCEMAIN REPLACEMENT 830.68 BITUMINOUS ROADWAYS INC 08/26/2024 124161 TONKAWA F 602-20600 22-021 TONKAWA FORCEMAIN REPLACEMENT 16,601.79 Total 124161:17,432.47 BLUE CARD HENNEPIN COUNT 08/26/2024 124162 24-042 101-42260-437 INSTRUCTORS FEE FOR BLUECARD Fire Protection Services 195.12 Total 124162:195.12 BOLTON & MENK INC.08/26/2024 124163 0342254 435-48979-304 25-001 2025 STREETS IMPROVEMENT 779.50 BOLTON & MENK INC.08/26/2024 124163 0342257 602-16500 23-014 SANITARY SEWER REHABILITATION 2,573.00 BOLTON & MENK INC.08/26/2024 124163 0342258 602-16500 22-021 FORCEMAIN REPLACEMENT (TONKAWA)682.00 BOLTON & MENK INC.08/26/2024 124163 0342260 435-48976-304 23-001 2023 FOX STREET IMPROVEMENT PROJ 304.50 BOLTON & MENK INC.08/26/2024 124163 0342261 408-48800-590 21-040 NAVARRE PARKING LOT 203.00 BOLTON & MENK INC.08/26/2024 124163 0342262 602-16500 24-014 SANITARY SEWER REHAB (CIPP)5,706.00 BOLTON & MENK INC.08/26/2024 124163 0342263 602-49450-305 GIS MAINTENANCE SEWER Sewer 498.50 BOLTON & MENK INC.08/26/2024 124163 0342263 601-49400-305 GIS MAINTENANCE WATER Water 498.50 BOLTON & MENK INC.08/26/2024 124163 0342263 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 695.00 BOLTON & MENK INC.08/26/2024 124163 0342263 101-43170-305 GIS MAINTENANCE GENERAL Engineering 513.00 BOLTON & MENK INC.08/26/2024 124163 0342263 101-43000-305 GIS FOR STREETS Public Works Department 524.00 BOLTON & MENK INC.08/26/2024 124163 0342263 101-42400-305 GIS FOR CDD Building & Zoning 171.00 BOLTON & MENK INC.08/26/2024 124163 0342263 101-42260-489 GIS FOR FIRE Fire Protection Services 1,572.00 BOLTON & MENK INC.08/26/2024 124163 0342263 101-43170-305 GIS MAINTENANCE GENERAL Engineering 493.50 BOLTON & MENK INC.08/26/2024 124163 0342265 435-48978-304 24-001 2024 STREETS IMPROVEMENTS PROJE 39,175.00 BOLTON & MENK INC.08/26/2024 124163 0342266 435-48979-304 25-001 2025 STREETS IMPROVEMENT 1,453.50 BOLTON & MENK INC.08/26/2024 124163 0342327 101-43280-304 LA21-000037 ORCHARD CREEK Special Services 538.50 BOLTON & MENK INC.08/26/2024 124163 0342328 101-43280-304 LA21-000036 ORONO CROSSINGS Special Services 538.50 BOLTON & MENK INC.08/26/2024 124163 0342329 101-43280-304 LA14-3687 NORTHERN OAKS DEVELOPMENT Special Services 104.50 BOLTON & MENK INC.08/26/2024 124163 0342330 101-43280-304 LA24-000030 HONEY HILL Special Services 1,840.00 BOLTON & MENK INC.08/26/2024 124163 0342331 101-43280-304 1650 ORCHARD CREEK TRAIL STORMWATER R Special Services 92.00 BOLTON & MENK INC.08/26/2024 124163 0342332 234-45680-304 24-026 LURTON PARK PARKING LOT Parks-Lurton Park 2,060.00 9 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124163:61,015.50 CAMPBELL KNUTSON 08/26/2024 124164 2717-0000G 101-41600-307 ADMINISTRATION/GENERAL MATTERS 07/24 Law/Legal Services 3,434.00 CAMPBELL KNUTSON 08/26/2024 124164 2717-0004G 101-42110-307 POLICE MATTERS 07/24 Police Department 782.00 CAMPBELL KNUTSON 08/26/2024 124164 2717-0201G 101-41600-307 MISC RECORDINGS 7/24 Law/Legal Services 896.16 CAMPBELL KNUTSON 08/26/2024 124164 2717-0801G 101-41600-307 COUNCIL MEETINGS 07/24 Law/Legal Services 391.00 CAMPBELL KNUTSON 08/26/2024 124164 2717-0802G 101-42400-307 B&Z ASSISTANCE 07/24 Building & Zoning 654.00 CAMPBELL KNUTSON 08/26/2024 124164 2717-0844G 703-49960-379 LMCD/DRAGONFLY HILL 221.00 CAMPBELL KNUTSON 08/26/2024 124164 2717-0908G 101-43280-307 ORTLIP LEGAL FEE - 4865 WEST BRANCH Special Services 165.00 CAMPBELL KNUTSON 08/26/2024 124164 2717-0919G 101-43280-307 LA24-000030 3465 6TH AVENUE NORTH Special Services 82.50 CAMPBELL KNUTSON 08/26/2024 124164 2717-0920G 101-43280-307 LA24-000018 4745 NORTH SHORE DR Special Services 82.50 CAMPBELL KNUTSON 08/26/2024 124164 2717-0921G 101-43280-307 LA24-000026 2265 NORTH SHORE DR Special Services 82.50 CAMPBELL KNUTSON 08/26/2024 124164 2717-0922G 101-43280-307 LA24-000028 4375 BAYSIDE ROAD Special Services 82.50 CAMPBELL KNUTSON 08/26/2024 124164 2717-0923G 101-43280-307 LA24-000029 1487 SHORELINE DRIVE Special Services 82.50 CAMPBELL KNUTSON 08/26/2024 124164 2717-0924G 101-43280-307 LA24-000031 3120 NORTH SHORE DR Special Services 82.50 CAMPBELL KNUTSON 08/26/2024 124164 2717-0925G 101-43280-307 LA24-000032 3745 SHORELINE DR Special Services 82.50 CAMPBELL KNUTSON 08/26/2024 124164 2717-0926G 101-43280-307 LA24-000033 1448 BALDUR PARK Special Services 82.50 CAMPBELL KNUTSON 08/26/2024 124164 2717-0927G 101-43280-307 LA24-000038 3245 WAYZATA BLVD W Special Services 165.00 Total 124164:7,368.16 CARROLMAN RENOVATIONS 08/26/2024 124165 1123 602-49450-406 DRIVEWAY PAVEMENT FOR LIFT STATION 1 Sewer 7,427.00 Total 124165:7,427.00 CEMSTONE 08/26/2024 124166 7530699 601-49400-405 SEALER FOR 2720 KELLY N DUNWOODY N 15 H Water 149.43 CEMSTONE 08/26/2024 124166 7531160 601-49400-405 DRIVEWAY REPLACEMENT REPAIR AND SIDEW Water 1,209.14 Total 124166:1,358.57 CENTRAL PENSION FUND SOU 08/26/2024 124167 08.22.24 FU 101-21705 CENTRAL PENSION FUND 08.22.2024 2,240.00 Total 124167:2,240.00 CITY OF CORCORAN 08/26/2024 124168 2ND QTR TZ 101-43280-438 2ND QTR 2024 TOWARDS ZERO DEATHS GRAN Special Services 1,540.07 Total 124168:1,540.07 CITY OF DAYTON 08/26/2024 124169 2ND QTR TZ 101-43280-438 2ND QTR 2024 TOWARD ZERO DEATHS GRANT Special Services 652.22 10 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124169:652.22 City of Deephaven 08/26/2024 124170 2ND QTR TZ 101-43280-438 2ND QTR 2024 TOWARDS ZERO DEATHS GRAN Special Services 666.82 Total 124170:666.82 CITY OF MEDINA 08/26/2024 124171 2ND QTR TZ 101-43280-438 2ND QTR 2024 TOWARDS ZERO DEATHS GRAN Special Services 5,672.67 Total 124171:5,672.67 CITY OF ROGERS 08/26/2024 124172 2ND QTR TZ 101-43280-438 2ND QUARTER 2024 TZD Special Services 7,236.04 Total 124172:7,236.04 CITYVIEW PLUMBING & HEATIN 08/26/2024 124173 141164368 440-48960-319 24-033 PW FACILITY REPURPOSE TO FIRE Temporary North Fire Station 350.86 Total 124173:350.86 COLLIN PALM 08/26/2024 124174 08.2024 REI 101-42110-437 TRAINING/PALM/LANGE/OUT OF CITY Police Department 228.29 Total 124174:228.29 CUSTOM ONE HOMES 08/26/2024 124175 RPS22-0001 101-22205 ESCROW REFUND - RPS22-000120 - 2700 WHIT 1,000.00 Total 124175:1,000.00 DAHLHEIMER BEVERAGE MON 08/26/2024 124176 2254815 613-49830-091 ALCOHOL Golf Course 491.20 DAHLHEIMER BEVERAGE MON 08/26/2024 124176 2260625 613-49830-091 ALCOHOL Golf Course 414.00 Total 124176:905.20 DAVE PERKINS CONTRACTING 08/26/2024 124177 10798 651-49910-406 STORMWATER REPAIR AT PW POND Storm Water 2,500.00 Total 124177:2,500.00 David Josephson Construction Inc 08/26/2024 124178 RPS23-0001 101-22205 ESCROW REFUND - RPS23-000157 - 250 TONKA 1,000.00 Total 124178:1,000.00 11 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount DESIGN BY DUNCAN 08/26/2024 124179 1042 440-48960-530 COUNTER TOPS FOR BREAKROOM/KITCHEN Temporary North Fire Station 1,548.00 Total 124179:1,548.00 EBERT INC 08/26/2024 124180 21635815 440-48960-520 24-033 OLD PW FACILITY TRANSITION TO TEMP Temporary North Fire Station 58,226.30 Total 124180:58,226.30 ECM PUBLISHERS INC 08/26/2024 124181 1011304 101-41900-352 2023 TIF DISCLOSURE Central Services 122.00 Total 124181:122.00 EHLERS AND ASSOCIATES INC 08/26/2024 124182 98668 323-47000-319 ARBITRAGE - 2014A BONDS 5,000.00 EHLERS AND ASSOCIATES INC 08/26/2024 124182 98669 321-47000-319 2024 CONTINUING DISCLOSURE 3,425.00 EHLERS AND ASSOCIATES INC 08/26/2024 124182 98670 235-45690-319 2023 TIF REPORTING 2,502.50 Total 124182:10,927.50 EMBEDDED SYSTEMS INC.08/26/2024 124183 344705 101-42110-403 SIREN MAINTENANCE 07.01.24-12.31.24 Police Department 1,199.28 Total 124183:1,199.28 EUGENE DOBKIN 08/26/2024 124184 RPS24-0000 101-34410 PERMIT REFUND- RPS24-000097 - 1380 REST P 75.48 Total 124184:75.48 FACTORY MOTOR PARTS 08/26/2024 124185 1-9952001 701-49800-222 PD CHARGER VEHICLE PARTS Fleet Services 140.72 FACTORY MOTOR PARTS 08/26/2024 124185 1-9957364 701-49800-222 PD CHARGER CONTROL ARM Fleet Services 192.86 FACTORY MOTOR PARTS 08/26/2024 124185 1-9962119 701-49800-222 PD TAHOE FILTERS Fleet Services 396.24 FACTORY MOTOR PARTS 08/26/2024 124185 1-9973457 701-49800-222 VEHICLE PARTS Fleet Services 105.72 FACTORY MOTOR PARTS 08/26/2024 124185 70-566922 701-49800-222 VEHICLE PARTS Fleet Services 30.65 FACTORY MOTOR PARTS 08/26/2024 124185 70-567084 701-49800-222 PD PARTS Fleet Services 165.84 FACTORY MOTOR PARTS 08/26/2024 124185 GV12080805 701-49800-222 VEHICLE PARTS Fleet Services 49.28- FACTORY MOTOR PARTS 08/26/2024 124185 GV12080807 701-49800-222 VEHICLE PARTS Fleet Services 140.72- FACTORY MOTOR PARTS 08/26/2024 124185 GV12080813 701-49800-222 VEHCILE PARTS Fleet Services 192.86- FACTORY MOTOR PARTS 08/26/2024 124185 GV12080814 701-49800-222 VEHICLE PARTS Fleet Services 165.84- Total 124185:483.33 FERGUSON WATERWORKS #25 08/26/2024 124186 0525259-2 601-49400-227 SWIVELS FOR HORNS Water 933.51 12 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount FERGUSON WATERWORKS #25 08/26/2024 124186 0534523 601-49400-216 BLUE SPRAY PAINT Water 84.36 FERGUSON WATERWORKS #25 08/26/2024 124186 0534823 601-49400-227 METERS Water 3,542.23 FERGUSON WATERWORKS #25 08/26/2024 124186 CM040257 601-49400-227 1 1/2 MACH 10 " METERS FOR RESALE Water 710.00- Total 124186:3,850.10 FIDELITY SECURITY LIFE INSU 08/26/2024 124187 166388005 101-21716 VISION PLAN 08.2024 320.93 Total 124187:320.93 FIRE SAFETY USA INC 08/26/2024 124188 189653 101-42260-310 TURNOUT GEAR WASH Fire Protection Services 150.00 Total 124188:150.00 GENUINE PARTS COMPANY/NA 08/26/2024 124189 604770 701-49800-222 FLAP WHEEL #713 Fleet Services 30.96 GENUINE PARTS COMPANY/NA 08/26/2024 124189 604953 701-49800-212 SYNTHETHIC OIL Fleet Services 89.94 GENUINE PARTS COMPANY/NA 08/26/2024 124189 605015 701-49800-222 VEHICLE PARTS - SQUAD HEADLIGHTS Fleet Services 55.09 Total 124189:175.99 GOPHER ACE 08/26/2024 124190 021555/1 101-45200-223 PARK SUPPLIES Parks 26.97 GOPHER ACE 08/26/2024 124190 021567/1 101-41900-223 BUILDING CLEANING SUPPLIES Central Services 33.97 GOPHER ACE 08/26/2024 124190 021571/1 101-41900-223 BUILDING MAINTENANCE SUPPLIES Central Services 22.58 GOPHER ACE 08/26/2024 124190 021581/1 101-43000-226 TREE HARD HATS/BRENT&BRIAN Public Works Department 201.97 GOPHER ACE 08/26/2024 124190 021612/1 701-49800-222 RENTED TANKER TRUCK - THREAD ROD Fleet Services 6.59 GOPHER ACE 08/26/2024 124190 021621/1 101-45200-223 PARK SUPPLIES Parks 14.99 GOPHER ACE 08/26/2024 124190 021643/1 613-49830-223 WASP KILLER Golf Course 59.88 GOPHER ACE 08/26/2024 124190 021672/1 101-42260-221 SHOP SUPPLIES Fire Protection Services 22.77 GOPHER ACE 08/26/2024 124190 21554/1 101-43000-226 KEY CHAIN HOLDERS FOR TRACE Public Works Department 1.49 GOPHER ACE 08/26/2024 124190 21554/1 101-41900-221 KEY CHAIN HOLDERS FOR JULIA Central Services 1.49 GOPHER ACE 08/26/2024 124190 21562/1 701-49800-222 HEX BUSHINGS VACTOR UNIT 713 Fleet Services 15.98 GOPHER ACE 08/26/2024 124190 21566/1 440-48960-530 RETURN OF NOT NEEDED SUPPLIES Temporary North Fire Station 8.99- GOPHER ACE 08/26/2024 124190 21614/1 101-43000-224 BROOM Public Works Department 27.98 GOPHER ACE 08/26/2024 124190 21614/1 101-43000-226 GLOVES CLINT Public Works Department 59.97 GOPHER ACE 08/26/2024 124190 21642/1 701-49800-215 SHOP SUPPLIES Fleet Services 10.99 GOPHER ACE 08/26/2024 124190 21669/1 101-43000-224 SAWZALL BLADES Public Works Department 41.98 Total 124190:540.61 HAWKINS INC 08/26/2024 124191 6837084 601-49400-216 CHLORINE TANKS Water 110.00 13 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124191:110.00 HECKSEL MACHINE INC 08/26/2024 124192 111772 701-49800-221 RENTAL EXCAVATOR - STEELE PLATE Fleet Services 45.00 HECKSEL MACHINE INC 08/26/2024 124192 111786 701-49800-221 EQUIPMENT PARTS Fleet Services 20.00 Total 124192:65.00 Hennepin County Property Tax 08/26/2024 124193 PROP TAX 3 101-41900-489 140 HACKBERRY HILL PROPERTY TAX Central Services 4,848.25 Total 124193:4,848.25 HERC U LIFT 08/26/2024 124194 S131628-1 405-48500-580 FORKLIFT CAPITAL PURCHASE 38,200.00 Total 124194:38,200.00 HOLTON ELECTRIC CONTRACT 08/26/2024 124195 7182 601-49400-405 BRINE PUMP Water 202.00 Total 124195:202.00 HOLTON ELECTRIC CONTRACT 08/26/2024 124196 6827 602-49450-406 LS#25 Sewer 6,916.77 Total 124196:6,916.77 HYDRO KLEAN 08/26/2024 124197 2024 CIPP P 602-16500 24-014 SEWER REHABILITATION (CIPP)21,535.80 HYDRO KLEAN 08/26/2024 124197 2024 CIPP P 602-20600 24-014 SEWER REHABILITATION (CIPP)5,707.63 Total 124197:27,243.43 International Union Local #49 08/26/2024 124198 08.2024 101-21707 LOCAL 49 DUES - 08/2024 490.00 Total 124198:490.00 JDAE LLC 08/26/2024 124199 LA24-000035 101-22205 ESCROW REFUND - LA24-000035 - 2080 NORTH 700.00 Total 124199:700.00 KEEPING THE FAITH CONTRAC 08/26/2024 124200 RBG24-0001 101-34410 BP REFUND - RBG24-000136 - 300 STUBBS BAY 546.57 KEEPING THE FAITH CONTRAC 08/26/2024 124200 RBG24-0001 101-20802 BP REFUND - RBG24-000136 - 300 STUBBS BAY 17.50 14 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124200:564.07 LANO EQUIPMENT INC 08/26/2024 124201 03-1096733 101-43000-489 RENTAL FUEL Public Works Department 40.42 Total 124201:40.42 LAW ENFORCEMENT LABOR S 08/26/2024 124202 08.2024 101-21707 LELS DUES - LOCAL 168 08/2024 352.50 LAW ENFORCEMENT LABOR S 08/26/2024 124202 08.2024 101-21707 LELS DUES - LOCAL 40 08/2024 1,375.66 Total 124202:1,728.16 MACQUEEN EQUIPMENT LLC 08/26/2024 124203 P32982 415-42260-580 TURNOUT GEAR 8,390.18 MACQUEEN EQUIPMENT LLC 08/26/2024 124203 P59324 602-49450-222 VACTOR HOSE Sewer 2,587.58 Total 124203:10,977.76 MARTIN MARIETTA MATERIALS 08/26/2024 124204 43394170 101-43000-224 PATCHING Public Works Department 150.12 Total 124204:150.12 Matt Tierney 08/26/2024 124205 LA24-000034 101-22205 ESCROW REFUND - LA24-000034 - 2305 BAYVIE 700.00 Total 124205:700.00 METLIFE SMALL BUSINESS CE 08/26/2024 124206 09.2024 101-21709 DENTAL INSURANCE 09/24 2,724.56 Total 124206:2,724.56 MGX EQUIPMENT SERVICES LL 08/26/2024 124207 PSO072092-701-49800-222 VEHICLE PARTS - UNIT 425 Fleet Services 145.73 Total 124207:145.73 MINNEAPOLIS OXYGEN COMPA 08/26/2024 124208 00129929 701-49800-215 ACETYLENE, OXYGEN Fleet Services 76.30 MINNEAPOLIS OXYGEN COMPA 08/26/2024 124208 01509274 701-49800-215 HIGH PRESSURE MAINTENANCE CHARGE Fleet Services 117.00 Total 124208:193.30 MINNESOTA PROFESSIONAL P 08/26/2024 124209 217 440-48960-530 FIRE HQ - OLD PW PAINTING Temporary North Fire Station 6,415.00 15 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124209:6,415.00 Minnesota Topsoil 08/26/2024 124210 3318 101-43100-404 YARD WASTE HAULOUT Brush Site 2,362.50 Minnesota Topsoil 08/26/2024 124210 3318 101-43100-404 BRUSH SITE GRINDING Brush Site 3,740.00 Minnesota Topsoil 08/26/2024 124210 3318 101-43000-404 WOOD CHIP HAUL OUT Public Works Department 6,120.00 Total 124210:12,222.50 MINNESOTA UI 08/26/2024 124211 17357882 613-49830-142 UNEMPLOYMENT INSURANCE - HANSEN Golf Course 14.00 Total 124211:14.00 MINNETRISTA PUBLIC SAFETY 08/26/2024 124212 2ND QTR TZ 101-43280-438 2ND QTR 2024 TOWARDS ZERO DEATHS GRAN Special Services 4,265.40 Total 124212:4,265.40 MN DEPT OF HEALTH 08/26/2024 124213 3RD QTR W 601-20802 2024-3RD QTR WATER TEST FEE 2,908.71 Total 124213:2,908.71 NAVARRE HARDWARE 08/26/2024 124214 347573 101-45200-223 LANDSCAPE FABRIC Parks 43.98 NAVARRE HARDWARE 08/26/2024 124214 347607 101-42110-201 OFFICE SUPPLIES Police Department 21.98 NAVARRE HARDWARE 08/26/2024 124214 347674 602-49450-227 STAKES N HARDWARE FOR SEWAGE SPILL Sewer 29.78 Total 124214:95.74 NCPERS GROUP LIFE INS.08/26/2024 124215 6732000920 101-21710 PERA LIFE 9/2024 448.00 Total 124215:448.00 Newegg Business Inc 08/26/2024 124216 1305103844 710-49970-221 MONITOR REPLACEMENT - CH & PD IT Services 819.96 Newegg Business Inc 08/26/2024 124216 1305104491 710-49970-575 REPLACEMENT LAPTOP - PD IT Services 759.98 Newegg Business Inc 08/26/2024 124216 1305110453 710-49970-575 COMPUTERS - IT TECH IT Services 639.99- Newegg Business Inc 08/26/2024 124216 1305111318 710-49970-575 REPLACEMENT LAPTOP - PD IT Services 499.99 Newegg Business Inc 08/26/2024 124216 1305112289 710-49970-575 REPLACEMENT LAPTOP - PD IT Services 639.99 Total 124216:2,079.93 NORTHERN SAFETY TECHNOL 08/26/2024 124217 58133 701-49800-221 EQUIPMENT PARTS Fleet Services 426.30 16 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount NORTHERN SAFETY TECHNOL 08/26/2024 124217 58148 701-49800-221 EQUIPMENT PARTS Fleet Services 426.30 Total 124217:852.60 OFFICE OF THE SECRETARY O 08/26/2024 124218 2025 NOTAR 101-41500-433 NOTARY A. JOHNSON Finance Department 120.00 Total 124218:120.00 OPD BUSINESS SOLUTIONS LL 08/26/2024 124219 3774036670 101-41900-201 THERMAL RECEIPT PAPER Central Services 46.34 OPD BUSINESS SOLUTIONS LL 08/26/2024 124219 3774036670 101-41900-201 DYMO ADDRESS LABELS Central Services 36.00 OPD BUSINESS SOLUTIONS LL 08/26/2024 124219 3799551620 101-42110-201 OFFICE SUPPLIES Police Department 103.88 Total 124219:186.22 OPEIU - LOCAL 12 08/26/2024 124220 08.2024 101-21707 UNION DUES - LOCAL 12 08/2024 885.00 Total 124220:885.00 OTTEN BROTHERS 08/26/2024 124221 1-1799683 101-45200-223 TREE SUPPLIES Parks 9.09 OTTEN BROTHERS 08/26/2024 124221 1-1799691 613-49830-223 APPLE TREE FOR GOLF COURSE Golf Course 160.96 OTTEN BROTHERS 08/26/2024 124221 1-1799704 613-49830-223 TREE SUPPLIES Golf Course 31.49 Total 124221:201.54 PIRTEK PLYMOUTH INC 08/26/2024 124222 PL-T0002070 602-49450-403 VACTOR (713) HOSE REPAIR Sewer 414.74 Total 124222:414.74 QUADIENT INC 08/26/2024 124223 Q1464555 710-49970-413 POSTAGE MACHING LEASE 09.16.24-12.15.24 IT Services 483.63 Total 124223:483.63 QUALITY FLOW SYSTEMS INC 08/26/2024 124224 47456 602-16500 LS#28 REMODEL 27,736.00 QUALITY FLOW SYSTEMS INC 08/26/2024 124224 47457 602-16500 LS#5 REMODEL 65,420.00 Total 124224:93,156.00 RADCO 08/26/2024 124225 BLN-74197 101-42110-550 NEW SQUAD BUILD/277 Police Department 2,865.00 17 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124225:2,865.00 Riverside Design 08/26/2024 124226 4390 101-42110-352 PRINTING-POLICE BUSINESS CARDS Police Department 112.00 Total 124226:112.00 SEH DESIGN BUILD INC.08/26/2024 124227 2470 601-49400-405 NORTH WATER TOWER PAINTING AND MAINTE Water 39,825.00 Total 124227:39,825.00 SHAUGHNESSY LAWN CARE 08/26/2024 124228 08.2024 101-45200-404 PARK MOWING - 7.15.24-8.15.24 Parks 4,285.71 Total 124228:4,285.71 SiteOne Landscape Supply LLC 08/26/2024 124229 144173398-0 613-49830-216 CHEMICALS Golf Course 319.30 SiteOne Landscape Supply LLC 08/26/2024 124229 144173398-0 613-49830-225 GOLF COURSE SUPPLIES Golf Course 171.59 SiteOne Landscape Supply LLC 08/26/2024 124229 144900611-0 613-49830-223 IRRIGATION PARTS Golf Course 11.10 SiteOne Landscape Supply LLC 08/26/2024 124229 144946435-0 101-45200-223 MULCH FOR GRASS SEED Parks 92.36 SiteOne Landscape Supply LLC 08/26/2024 124229 145050371-0 613-49830-225 GOLF COURSE SUPPLIES Golf Course 570.00- Total 124229:24.35 SOUTH LAKE MINNETONKA PO 08/26/2024 124230 2ND QTR TZ 101-43280-438 2ND QTR 2024 TOWARDS ZERO DEATHS GRAN Special Services 8,534.29 Total 124230:8,534.29 STEVE FISHER 08/26/2024 124231 LA24-000016 101-22205 ESCROW REFUND - LA24-000016 700.00 STEVE FISHER 08/26/2024 124231 LA24-000016 999-10016 OUTSTANDING LEGAL CONSULTING 6/2024 27.50- Total 124231:672.50 STEVE STURM 08/26/2024 124232 08.2024 REI 101-42110-437 REIMB -SPECIAL EVENT/STURM Police Department 416.94 Total 124232:416.94 STOP STICK LTD 08/26/2024 124233 0034837-IN 101-42110-221 NEW STOP STICK FOR SQUADS Police Department 518.00 Total 124233:518.00 18 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SUN LIFE FINANCIAL 08/26/2024 124234 08.2024 101-21714 STD- 08/2024 1,030.50 SUN LIFE FINANCIAL 08/26/2024 124234 08.2024 SUP 101-21710 LIFE INSURANCE - 08/2024 1,374.42 Total 124234:2,404.92 TC CUSTOMER BUILDING & RE 08/26/2024 124235 RPS22-0000 101-22205 ESCROW REFUND - RPS22-000076 - 975 HERITA 10,000.00 Total 124235:10,000.00 TERMINAL SUPPLY INC.08/26/2024 124236 52382-01 701-49800-215 SHOP SUPPLIES - NUTS/BOLTS/WIRING Fleet Services 21.66 TERMINAL SUPPLY INC.08/26/2024 124236 57680-00 701-49800-215 SHOP SUPPLIES Fleet Services 1,536.90 TERMINAL SUPPLY INC.08/26/2024 124236 57860-00 701-49800-215 SHOP SUPPLIES Fleet Services 126.94 Total 124236:1,685.50 THE HARTFORD 08/26/2024 124237 08.2024 101-21713 LTD 08/2024 1,789.28 Total 124237:1,789.28 THOMSON REUTERS - WEST 08/26/2024 124238 850554424 101-42110-311 DATA PROCESSING/THOMSON REUTERS Police Department 318.14 Total 124238:318.14 TimeSaver Off Site Secretarial Inc 08/26/2024 124239 M29416 101-45200-319 PARK COMMISSION MINUTES 8/6/24 Parks 167.00 Total 124239:167.00 U.S. AutoForce 08/26/2024 124240 INV0005468 701-49800-222 PD TIRES Fleet Services 1,088.00 Total 124240:1,088.00 ULINE 08/26/2024 124241 181460002 101-42110-201 OFFICE SUPPLIES Police Department 100.10 Total 124241:100.10 UNIFIRST CORPORATION 08/26/2024 124242 1410079259 613-49830-404 CLEANING SUPPLIES-GOLF COURSE Golf Course 47.95 UNIFIRST CORPORATION 08/26/2024 124242 1410079263 101-41900-223 MOPS/CLEANING TOWELS Central Services 30.52 UNIFIRST CORPORATION 08/26/2024 124242 1410079263 101-43000-404 RUGS - PW Public Works Department 28.73 UNIFIRST CORPORATION 08/26/2024 124242 1410079263 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91 UNIFIRST CORPORATION 08/26/2024 124242 1410079263 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 30.68 19 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNIFIRST CORPORATION 08/26/2024 124242 1410079263 601-49400-226 UNIFORMS PW-WATER DEPT Water 30.68 UNIFIRST CORPORATION 08/26/2024 124242 1410079263 701-49800-226 UNIFORMS - FLEET Fleet Services 40.97 UNIFIRST CORPORATION 08/26/2024 124242 1410079263 651-49910-226 UNIFORMS - STORMWATER Storm Water 105.05 UNIFIRST CORPORATION 08/26/2024 124242 1410079263 101-43000-226 UNIFORMS-STREETS Public Works Department 105.05 UNIFIRST CORPORATION 08/26/2024 124242 1410079263 101-41900-226 UNIFORMS-FACILITY Central Services 6.74 UNIFIRST CORPORATION 08/26/2024 124242 1410079263 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 90.85 UNIFIRST CORPORATION 08/26/2024 124242 1410079263 101-45200-226 UNIFORMS-PARKS Parks 90.85 UNIFIRST CORPORATION 08/26/2024 124242 1410080812 613-49830-404 CLEANING SUPPLIES-GOLF COURSE Golf Course 140.13 UNIFIRST CORPORATION 08/26/2024 124242 1410080815 101-41900-404 MATS AND CLEANING ITEMS Central Services 90.36 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 101-43000-404 RUGS - PW Public Works Department 28.73 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 101-41900-223 MOPS/CLEANING TOWELS Central Services 30.52 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 16.54 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 101-45200-226 UNIFORMS-PARKS Parks 16.54 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 101-41900-226 UNIFORMS-FACILITY Central Services 6.68 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 101-43000-226 UNIFORMS-STREETS Public Works Department 63.32 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 651-49910-226 UNIFORMS - STORMWATER Storm Water 63.32 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 601-49400-226 UNIFORMS PW-WATER DEPT Water 31.37 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 31.37 UNIFIRST CORPORATION 08/26/2024 124242 1410080817 701-49800-226 UNIFORMS - FLEET Fleet Services 40.83 Total 124242:1,175.60 UNLIMITED SUPPLIES INC 08/26/2024 124243 461368CM 701-49800-215 WRONG SUPPLIES RETURNED Fleet Services 34.88- UNLIMITED SUPPLIES INC 08/26/2024 124243 472922 701-49800-215 SHOP SUPPLIES Fleet Services 64.54 Total 124243:29.66 US Bank Equipment Finance 08/26/2024 124244 536024656 710-49970-413 COPIERS - 08/24 IT Services 1,518.00 US Bank Equipment Finance 08/26/2024 124244 536024656 710-49970-413 OVERAGE IT Services 219.51 Total 124244:1,737.51 VERIZON WIRELESS 08/26/2024 124245 9971158613 101-42110-321 ARLO CAMERAS - PD Police Department 80.02 VERIZON WIRELESS 08/26/2024 124245 9971158613 101-45200-321 ARLO CAMERAS - LURTON DOG PARK Parks 80.02 VERIZON WIRELESS 08/26/2024 124245 9971158613 101-41900-321 ARLO CAMERAS - SPARE Central Services 40.01 VERIZON WIRELESS 08/26/2024 124245 9971158613 101-43100-321 ARLO CAMERAS - BRUSH SITE Brush Site 621.32 Total 124245:821.37 20 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount WATER CONSERVATION SVC IN 08/26/2024 124246 14219 601-49400-405 ANNUAL LEAK STUDY Water 1,320.00 Total 124246:1,320.00 WEST HENNEPIN PUBLIC SAFE 08/26/2024 124247 2ND QTR TZ 101-43280-438 2ND QTR 2024 TOWARDS ZERO DEATHS GRAN Special Services 5,014.88 Total 124247:5,014.88 WILLIAMS TOWING INC 08/26/2024 124248 24-19038 701-49800-402 PD TAHOE #270 TOWING Fleet Services 182.00 Total 124248:182.00 WINFIELD STEPHENS 08/26/2024 124249 RAS24-0000 101-34410 BP REFUND - RAS24-000055 - 2775 WHITE OAK 289.22 Total 124249:289.22 Wright-Hennepin Coop Electric 08/26/2024 124250 3503152552 101-43100-381 BRUSH SITE 07/01-08/01 Brush Site 32.16 Wright-Hennepin Coop Electric 08/26/2024 124250 3503152552 613-49830-381 GC SECURITY TO 09/30/2024 Golf Course 42.21 Wright-Hennepin Coop Electric 08/26/2024 124250 3503152552 101-43000-381 ELECTRICAL SERVICE 07/01/24-08/01/24 Public Works Department 211.07 Total 124250:285.44 ZUMBRO TOOLS 08/26/2024 124251 0809247349 701-49800-240 MECHANICS TOOLS Fleet Services 47.50 Total 124251:47.50 AMAZON CAPITAL SERVICE 08/14/2024 20130524 196M-TD3P-601-49400-216 WATER PLANT CHEMICALS Water 56.72 AMAZON CAPITAL SERVICE 08/14/2024 20130524 1RXM-HVCF 101-41900-223 FACILITIES SUPPLIES Central Services 232.47 Total 20130524:289.19 AMAZON CAPITAL SERVICE 08/26/2024 20130525 14RQ-QJY9-101-42260-201 WETJET REFILL Fire Protection Services 9.51 AMAZON CAPITAL SERVICE 08/26/2024 20130525 14RQ-QJY9-101-42260-201 SEVERE WEATHER SIGNS Fire Protection Services 137.55 AMAZON CAPITAL SERVICE 08/26/2024 20130525 14RQ-QJY9-101-42260-201 SPIRAL MEMO PADS Fire Protection Services 14.84 AMAZON CAPITAL SERVICE 08/26/2024 20130525 14RQ-QJY9-101-42260-201 UNDER THE SINK MAT Fire Protection Services 29.99 AMAZON CAPITAL SERVICE 08/26/2024 20130525 14RQ-QJY9-710-49970-221 DOCKING STATION IT Services 188.97 AMAZON CAPITAL SERVICE 08/26/2024 20130525 14RQ-QJY9-710-49970-221 4 PORT HUB IT Services 13.98 AMAZON CAPITAL SERVICE 08/26/2024 20130525 14RQ-QJY9-710-49970-221 VELCRO IT Services 17.04 AMAZON CAPITAL SERVICE 08/26/2024 20130525 14RQ-QJY9-101-41900-201 DRY ERASE BOARD Central Services 101.95 AMAZON CAPITAL SERVICE 08/26/2024 20130525 17GT-MCDF-701-49800-215 SHOP SUPPLIES Fleet Services 241.11 21 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount AMAZON CAPITAL SERVICE 08/26/2024 20130525 17GT-MCDF-701-49800-222 VEHICLE PARTS Fleet Services 502.76 AMAZON CAPITAL SERVICE 08/26/2024 20130525 17GT-MCDF-701-49800-221 EQUIPMENT PARTS Fleet Services 200.00 AMAZON CAPITAL SERVICE 08/26/2024 20130525 17GT-MCDF-101-43000-240 CHAIN BINDER Public Works Department 151.99 AMAZON CAPITAL SERVICE 08/26/2024 20130525 1LNG-RPHT-101-43000-240 DRILL SET FOR METAL Public Works Department 33.49 AMAZON CAPITAL SERVICE 08/26/2024 20130525 1LNG-RPHT-101-43000-240 SHRINK WRAP Public Works Department 18.89 AMAZON CAPITAL SERVICE 08/26/2024 20130525 1LNG-RPHT-101-43000-221 STIHL BAR OIL Public Works Department 85.26 AMAZON CAPITAL SERVICE 08/26/2024 20130525 1LNG-RPHT-101-43000-226 BLUETOOTH HEADSET / JOE Public Works Department 129.99 AMAZON CAPITAL SERVICE 08/26/2024 20130525 1LNG-RPHT-101-43000-240 12" CORN WHISK BROOM Public Works Department 42.72 AMAZON CAPITAL SERVICE 08/26/2024 20130525 1M3V-VXV4-101-42110-221 EVIDENCE COLLECTION/SMALL EQUIPMENT Police Department 45.98 AMAZON CAPITAL SERVICE 08/26/2024 20130525 1QLP-QQMN 101-41900-201 PROJECT PLANNER NOTEBOOKS Central Services 27.54 Total 20130525:1,993.56 INNOVO BENEFITS ADMINISTR 08/26/2024 20130526 1421367 101-21706 HEALTH INSURANCE - 09.2024 66,115.14 INNOVO BENEFITS ADMINISTR 08/26/2024 20130526 1421367 601-49400-135 HEALTH INSURANCE - 09.2024-BR Water 768.54 INNOVO BENEFITS ADMINISTR 08/26/2024 20130526 1421367 101-42110-135 HEALTH INSURANCE - 09.2024-DM Police Department 768.54 Total 20130526:67,652.22 MEDSURETY LLC 08/26/2024 20130527 33686 101-41900-319 AUGUST FEES Central Services 206.50 MEDSURETY LLC 08/26/2024 20130527 7.5.24-8.11.2 101-21719 LPFSA 7.5.24-8.11.24 FUNDS 207.12 MEDSURETY LLC 08/26/2024 20130527 8.20.24 MFS 101-21719 MFSA 7.12.24-8.18.24 FUNDS 65.61 Total 20130527:479.23 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 101-34650 POLICE REPORT SALES TAX 2.00 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 601-39610 WATER METER SALES 68.00 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 601-20806 WATER TAXABLE SALES 1,329.00 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 601-20806 WATER TAXABLE SALES BULK WATER 5.00 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 613-37910 GREEN FEES 3,982.00 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 613-37920 GOLF CART RENTAL 1,850.00 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 613-37930 BEER - SALES TAX 431.00 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 613-37940 CONCESSIONS - SALES TAX 190.00 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 613-37960 GOLF BALL SALES 85.00 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 613-37970 PRO SHOP SALES - SALES TAX 33.00 MN DEPT OF REVENUE-WIRE 08/26/2024 20130528 07.2024 Sale 613-37980 CLOTHING (HAT) SALES TAX 38.00 Total 20130528:8,013.00 PSN: PAYMENT SERVICE INVOI 08/26/2024 20130529 07.2024 BUI 101-41900-312 BUILDING PERMIT PSN FEES Central Services 9.35 22 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 8/12/2024 - 8/26/2024 Aug 22, 2024 12:24AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount PSN: PAYMENT SERVICE INVOI 08/26/2024 20130529 07.2024 MIS 101-41900-312 MISC PSN FEES Central Services 1.10 PSN: PAYMENT SERVICE INVOI 08/26/2024 20130529 07.2024 UTIL 602-49450-312 SEWER FUND PSN FEES Sewer 659.07 PSN: PAYMENT SERVICE INVOI 08/26/2024 20130529 07.2024 UTIL 601-49400-312 WATER FUND PSN FEES Water 659.08 Total 20130529:1,328.60 STREET FLEET COURIER & LO 08/26/2024 20130530 559541 701-49800-222 VEHICLE PARTS Fleet Services 89.67 Total 20130530:89.67 Grand Totals: 632,531.64 23 Date: August 26, 2024 Item: 3 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Title: Rental License 1.Purpose: The purpose of this action item is to approve a license for rental housing. 2.License Applicant(s): RL24-00002 3520 Livingston Avenue 3.Staff Recommendation: Application requirements are complete and staff recommends approval of the rental license listed above with an expiration date of December 31, 2025. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the rental license listed above. 24 Date: August 26, 2024 Item: 4 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Title: Annual Gun Club Permit 1.Purpose: The Park Gun Club has applied for their annual gun club permit effective September 1, 2024 through August 31, 2024 2.Staff Recommendation: The applicant has submitted the required information and staff recommends approval as no complaints have been received in the the past year. A calendar of events for the 2024-2025 permit is attached. The Orono Police Department has completed a background check and all required documents have been submitted. Staff recommends approval of the application AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the annual gun club permit. Exhibits Park Gun Club Calendar of Events Sept. 1, 2024 - August 31, 2025 25 PARK GUN CLUB CALENDAR OF EVENTS September 1, 2024 through August 31, 2025 Saturday/Sunday Shooting Events Sunday, September 8, 2024 – 1:00pm to 5:00pm Sunday, September 15, 2024 – 1:00pm to 5:00pm Sunday, September 22, 2024 – 1:00pm to 5:00pm Sunday, September 29, 2024 - 1:00pm to 5:00pm Sunday, November 17, 2024 – 1:00pm to 5:00pm Sunday, November 24, 2024 - 1:00pm to 5:00pm Sunday, December 8, 2024 – 1:00pm to 5:00pm Sunday, December 15, 2024 - 1:00pm to 5:00pm Sunday, March 16, 2025 – 1:00pm to 5:00pm Sunday, March 23, 2025 – 1:00pm to 5:00pm Sunday, March 30, 2025 - 1:00pm to 5:00pm Saturday, April 5, 2025 – 9:00am to 5:00pm (High School Event) Sunday, April 6, 2025 – 1:00pm to 5:00pm Saturday, April 12, 2025 – 9:00am to 5:00pm (High School Event) Sunday, April 13, 2025 – 1:00pm to 5:00pm Saturday, April 19, 2025 – 9:00am to 5:00pm (High School Event) Saturday, April 26, 2025 – 9:00am to 5:00pm (High School Event) Sunday, April 27, 2025 – 1:00pm to 5:00pm Saturday, May 3, 2025 – 9:00am to 5:00pm (High School Event) Sunday, May 4, 2025 - 1:00pm to 5:00pm Saturday, May 10, 2025 – 9:00am to 5:00pm (High School Event) Sunday, May 11, 2025 - 1:00pm to 5:00pm Saturday, May 17, 2025 – 9:00am to 5:00pm (High School Event) Saturday, May 24, 2025 – 9:00am to 5:00pm (High School Event) Saturday, May 31, 2025 - 9:00am to 5:00pm (High School Event Saturday, June 7, 2025 – 9:00am to 5:00pm (High School Event) Saturday, June 14, 2025 – 9:00am to 5:00pm (High School Event) Saturday, June 21, 2025 – 9:00am to 5:00pm (High School Event) 2024 Fall High School League Monday - Friday – 3:00pm to 7:00pm/Dark (whichever comes first) September 8, 2024 through November 8, 2024 2025 Spring High School League Shooting Monday - Friday – 3:00pm to Dark March 10, 2025 through June 20, 2025 (No shooting on May 26, 2025) 2024 Summer League Tuesday, Wednesday, and Thursday – 5:00pm to Dark April 15, 2025 through August 28, 2025 26 Date: August 26, 2024 Item: 5 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Title: Accept Donation of Volunteer Time - Resolution 7503 1.Purpose: Accept volunteer time 2.Donations Received: Volunteer time for election work and training. AGENDA ITEM COUNCIL ACTION REQUESTED Adopt resolution 7503 accepting volunteer time. Exhibits Resolution 7503 Election Volunteers 27 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7503 A RESOLUTION ACCEPTING DONATION WHEREAS,election judges must be paid at least minimum wage for work and training (Minnesota Statutes § 204B.31 subd. 1); and WHEREAS,election judges can volunteer to work without pay if they submit a written statement at least ten days before the election (Minnesota Statutes § 204B.31 subd. 2); and WHEREAS, the city of Orono can accept donations for the benefit of its citizens (Minnesota Statutes § 465.03 et seq.); and WHEREAS, election judges must receive training before working an election (Minnesota Rules § 8240.1300 subp. 1; and WHEREAS, the city of Orono administered a primary election on August 13; and WHEREAS, the donation of time has been offered to Orono for the benefit of its voters and residents; and WHEREAS, the City Council finds it appropriate to accept the following volunteer time: Name Volunteer Hours Description Susan Bro 11.5 training, equipment testing, and election day shift Lila Moberg 10.0 training and election day shift Jean Slagel 2.0 training NOW THEREFORE,BE IT RESOLVED that the Orono City Council gratefully accepts the volunteer time from Susan Bro, Lila Moberg, and Jean Slagel. Adopted by the City Council of Orono, Minnesota at a regular meeting held on August 26, 2024. ATTEST:CITY OF ORONO _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 28 Date: August 26, 2024 Item: 6 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: Accept Donation from Pelican Point HOA - Resolution 7504 1.Purpose: The purpose of this action is to accept a donation of a $2,550.00 gift card from the Pelican Point Homeowners Association. 2.Background: The police department received a donation of a gift card to Streicher's in the amount of $2,550.00. The donation was given to the department on National Night Out /Night to Unite as a thank you and appreciation to the dedication and great work performed by the Orono Police Department. The gift card will be used toward the purchase of uniforms and equipment for our police reserve program. 3.Staff Recommendation: I recommend approval to accept the $2,550.00 gift card from the Pelican Point Homeowners Association and thank you for your generous donation. AGENDA ITEM COUNCIL ACTION REQUESTED Motion for approval to accept the $2,550.00 donation from Pelican Point Homeowners Association to be used toward the purchase of uniforms and equipment for the police reserve program. Exhibits Resolution 7504 - Pelican Point HOA Donation 29 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7504 A RESOLUTION ACCEPTING DONATION OF $2,550.00 WHEREAS, the city of Orono is authorized by Minn. Stat. 465.03 to accept donations of real and personal property for the benefit of its residents and is specifically authorized to accept gifts; WHEREAS, the Pelican Point Homeowners Association has offered to donate a $2,550.00 gift card to the city of Orono for the Orono Police Department. WHEREAS, the terms or conditions are that the funds be used towards the purchase of uniforms and equipment for the police reserve program. WHEREAS, the donation has been offered to Orono for the benefit of its residents. WHEREAS, the City Council finds that it is appropriate to accept the donation. NOW THEREFORE,BE IT RESOLVED that the Orono City Council gratefully accepts $2,5550.00 to be used for the purchase or uniforms and equipment for the police reserve program. FURTHER, staff will issue confirmation to the donor acknowledging the city’s receipt of the donation. Adopted by the City Council of Orono, Minnesota at a regular meeting held on April 8, 2024. ATTEST:CITY OF ORONO _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 30 Date: August 26, 2024 Item: 7 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: OPD Handgun Purchase 1.Purpose: The purpose is to gain approval to purchase department issued handguns. 2.Background: The police department is seeking authorization to purchase handguns, sights and holsters for the police officers. Our current duty handguns are 10-12 years old. The Orono police department is requesting 35 - Glock model 45MOSS 9mm pistols with Holosun sights and a TLR -1 weapon mounted flashlight. The handguns, sights, flashlights and holsters will be purchased directly through Glock via Kiesler Police Supply. The Orono Police Department has been provided an estimate of approximately $300.00 per Glock, sight/flashlight/camera and holster. There are currently 36 - Glock model 19/17 that will be traded in to offset the purchase of the new handguns. The approximate value of the trade is $10,800.00. 3.Cost: The city is using the state contracted pricing for the purchase of these handguns. The police department budgeted for the replacement of handguns in its 2024/2025 CIP and is requesting to replace these handguns in the next several months. The current build/delivery time is approximately 90 days. Glock 45MOSS GEN5 9mm, Holosun sights x 35 = $27,346.20 Safariland holster x 35= $4,954.95 Streamlight TLR-1 Flashlights x 35 =$4,788.70 Total with shipping is $37,159.85 4.Funding: The purchase will be funded through the police CIP. The police department has budgeted for these handguns. 5.Staff Recommendation: I recommend the purchase of 35 Glock handguns as described above and also recommend trading in our current handguns to a local firearms dealer. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the purchase of 35 handguns as described above and also recommend the trade in our our current handguns to a local firearms dealer. Exhibits Glock Handgun Quote.pdf 31 32 33 34 Date: August 26, 2024 Item: 8 Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Title: Tonkawa Force Main Replacement Project Closeout (22-021) 1.Purpose: The purpose of this action item is to approve the final pay application and close out the Tonkawa Force Main Replacement Project Closeout (22-021) 2.Background: In January of 2022 Council approved the design of the Tonkawa Force Main replacement project. During the design process we determined a large portion of the initial projected area did not need to be replaced. This provided a funding opportunity to incorporate the adjoining Partenwood force main into the replacement project without increasing the overall construction budget. This revised scope was designed and bids received. The council awarded the project in July of 2023. 3.Scope: The project included the replacement of 1630 feet of sanitary force main along Tonkawa Road and 1500 feet of force main along Partenwood Road 4.Cost: The project was awarded to Bituminous Roadways for $738,847. The cost of the completed work is $664,902.28. Pay request 5/Final is for $17,432.47 5.Funding: The project is funded from the Sanitary Sewer Fund. 6.Staff Recommendation: I recommend payment of the final pay application and close out of the project. The contractor has provided all of the requisite documentation. The project was completed below budget. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve payment of pay request 5/final to Bituminous Roadways for $17,432.47 and to close out the project. Exhibits A. Pay Application No 5&Final 35 36 Payment Request No. 5 & FINALPayment Request No. 5 & FINALUnit2023 Tonkawa Forcemain Improvements1 MOBILIZATION LUMP SUM $35,000.00 1.00 1.00 35,000.00$ 100%2 TRAFFIC CONTROL LUMP SUM $63,500.00 1.00 63,500.00$ 1.00 63,500.00$ 100%3 CLEANING & GRUBBING TREE $2,850.00 1.00 2,850.00$ 2.00 5,700.00$ 200%4 SALVAGE & REINSTALL STRUCTURE MARKING SIGN EACH $363.00 2.00 726.00$ 5 SALVAGE & REINSTALL CONTROL PANEL LUMP SUM $20,680.00 1.00 20,680.00$ 1.00 20,680.00$ 100%6 SALVAGE & REINSTALL BOULDERS LUMP SUM $2,545.00 1.00 2,545.00$ 1.00 2,545.00$ 100%7 SALVAGE & REINSTALL 4" STORM TILE LIN FT $35.50 12.00426.00$ 8 SALVAGE & REINSTALL 12" PVC STORM PIPE LIN FT $32.0020.00 640.00$ 9 SALVAGE & REINSTALL 16" CMP STORM PIPE LIN FT $32.0020.00 640.00$ 10 ADJUST SANITARY CASTING EACH $697.00 1.00 697.00$ 2.00 1,394.00$ 200%11 ABANDON FORCEMAIN PIPE LIN FT $17.50 80.00 1,400.00$ 12 REMOVE AIR RELIEF MANHOLE EACH $260.00 1.00 260.00$ 1.00 260.00$ 100%13 REMOVE MAINTENANCE MANHOLE EACH $245.00 2.00 490.00$ 2.00 490.00$ 100%14 REMOVE SANITARY MANHOLE EACH $490.00 1.00 490.00$ 1.00 490.00$ 100%15 REMOVE PLUG VALVE & BOX EACH $212.00 1.00 212.00$ 1.00 212.00$ 100%16 REMOVE FORCEMAIN LIN FT $2.10 625.00 1,312.50$ 268.00 562.80$ 43%17 REMOVE FORCEMAIN CASING LIN FT $17.00 25.00 425.00$ 18 EXPLORATORY EXCAVATION HOUR $424.00 12.00 5,088.00$ 15.00 6,360.00$ 125%19 TEMPORARY CONVEYANCE LUMP SUMP $47,850.00 1.00 47,850.00$ 1.00 47,850.00$ 100%20 SUBGRADE EXCAVATION (EV) CU YD $79.00 35.00 2,765.00$ 21 STABILIZING AGGREGATE (CV) CU YD $89.00 40.00 3,560.00$ 22 GEOTEXTILE FABRIC, TYPE V SQ YD $4.10 225.00 922.50$ 23 BITUMINOUS COUNTY ROAD PATCH SQ YD $123.00 225.00 27,675.00$ 112.00 13,776.00$ 50%24 BITUMINOUS CITY ROAD PATCH SQ YD $68.00 930.00 63,240.00$ 465.00 31,620.00$ 50%25 BITUMINOUS DRIVEWAY PATCH SQ YD $63.00 160.00 10,080.00$ 80.00 5,040.00$ 50%26 GRAVEL SHOULDER PATCH SQ YD $42.00 15.00 630.00$ 15.00 630.00$ 100%27 DEWATERING LUMP SUM $24,500.00 1.00 24,500.00$ 1.00 24,500.00$ 100%28 6" FUSIBLE PVC C900 DR 18 PIPE BURST LIN FT $81.50 2,400.00 195,600.00$ 2,715.00 221,272.50$ 113%29 6" PVC C900 DR 18 FORCEMAIN (OPEN CUT) LIN FT $81.50 400.00 32,600.00$ 135.00 11,002.50$ 34%30 4" PVC C900 DR 18 FORCEMAIN (OPEN CUT) LIN FT $76.00 175.00 13,300.00$ 176.00 13,376.00$ 101%31 8" PVC SEWER, SDR 26 LIN FT $95.50 80.00 7,640.00$ 62.00 5,921.00$ 78%32 9 LB ANODE EACH $436.00 10.00 4,360.00$ 7.00 3,052.00$ 70%33 17 LB ANODE EACH $575.00 1.00 575.00$ 1.00 575.00$ 100%34 6" PLUG VALVE & BOX EACH $2,675.00 1.00 2,675.00$ 1.00 2,675.00$ 100%35 AIR RELEASE MANHOLE EACH $19,410.00 1.00 19,410.00$ 1.00 19,410.00$ 100%36 MAINTENANCE MANHOLE EACH $25,100.00 2.00 50,200.00$ 2.00 50,200.00$ 100%37 48" SANITARY SEWER MANHOLE LIN FT $706.00 12.00 8,472.00$ 14.50 10,237.00$ 121%38 CONNECT TO EXISTING FORCEMAIN EACH $2,390.00 3.00 7,170.00$ 3.00 7,170.00$ 100%39 CONNECT TO EXISTING SANITARY SEWER EACH $4,460.00 1.00 4,460.00$ 1.00 4,460.00$ 100%40 DUCTILE IRON FITTINGS (FORCEMAIN) POUNDS $19.50 550.00 10,725.00$ 535.00 10,432.50$ 97%41 VERIFY SANITARY SERVICE - POST PIPE BURST EACH $455.00 9.00 4,095.00$ 10.00 4,550.00$ 111%42 REPAIR SANITARY SERVICE - POST PIPE BURST EACH $2,650.00 3.00 7,950.00$ 2.00 5,300.00$ 67%43 STORM DRAIN INLET CONTROL EACH $118.00 3.00 354.00$ 44 SILT FENCE, TYPE MACHINE SPLICED LIN FT $3.60 525.001,890.00$ 45 BIOLOG LIN FT $6.00 600.00 3,600.00$ 800.00 4,800.00$ 133%46 TOPSOIL BORROW (LV) CU YD $39.00 600.00 23,400.00$ 45.00 1,755.00$ 8%LineUnit PriceContract QuantityQuantity This Partial Payment Request Amount This Partial Payment Request Quantity To Date DescriptionItem Number Amount To Date Percent CompleteH:\ORNO\0C1126637\7_Construction\D_Pay Applications\0C1.126637 Pay Application No 5.xlsmPage 1 of 27/25/202412:06 PM37 Payment Request No. 5 & FINALPayment Request No. 5 & FINALUnit2023 Tonkawa Forcemain ImprovementsLineUnit PriceContract QuantityQuantity This Partial Payment Request Amount This Partial Payment Request Quantity To Date DescriptionItem Number Amount To Date Percent Complete47 SEEDING (MNDOT SEED MIX 25-141) ACRE $7,550.00 1.20 9,060.00$ 0.45 3,397.50$ 38%48 FERTILIZER LBS $1.20 240.00 288.00$ 100.00 120.00$ 42%49 HYDRAULIC STABILIZED FIBER MATRIX LBS $2.70 2,400.006,480.00$ 400.00 1,080.00$ 17%50 4" SOLID LINE EPOXY- WHITE LIN FT $4.80 135.00 648.00$ 316.00 1,516.80$ 234%51 4" DOUBLE SOLID LINE EPOXY - YELLOW LIN FT $9.70 30.00 291.00$ 52 LANDSCAPE ALLOWANCE ALLOWANCE $5,000.00 1.00 0.1661365,000.00$ 0.17 830.68$ 17%CO1 LIFT STATION WYE REPLACEMENT LUMP SUM $6,535.00 1.00 -$ 1.00 6,535.00$ 100%CO2 PARTENWOOD INSTALLATION METHOD LUMP SUM $0.00 1.00 -$ 1.00 -$ CO3 LS 29 DRIVEWAY ENHANCENCMENTS LUMP SUM $14,624.00 1.00 -$ 1.00 14,624.00$ 100%FINALTotals for 2023 Tonkawa Forcemain Improvements : 703,847.00$ 664,902.28$ H:\ORNO\0C1126637\7_Construction\D_Pay Applications\0C1.126637 Pay Application No 5.xlsmPage 2 of 27/25/202412:06 PM38 Irrigation Invoices 39 40 Brent Bordson 760 Tonkawa Road Orono, MN. 55356 INVOICE NO. 1002 DATE 11/10/22 BILL TO SHIP TO INSTRUCTIONS Bituminous Roadways ROTOR, CLAMP, HOSE DESCRIPTION UNIT PRICE TOTAL 2 Rotor -Reimbursement 12.06 24.12 1 Cut off riser & swing pipe elbow - Reimbursement 1.66 1.66 28 Milage to Menards - Reimbursement .67 18.76 3 Labor - Reimbursement 50 150.00 5.00 3 pounds grass seed for overall repairs in construction zone - Reimbursement 5.00 15.00 30 Debris removal and resetting of drainage ditch & overall finishing - 0 0 SUBTOTAL 209.54 SALES TAX 0 SHIPPING & HANDLING 0 TOTAL DUE BY DATE 6/21/24 209.54 41 42 Date: August 26, 2024 Item: 9 Presenter: Natalie Nye, Planner Section: Consent Agenda Title: #LA24-000041, 2914 Casco Point Road, Variance - Resolution 7505 1.Purpose: The applicant is requesting an average lakeshore setback variance for the construction of a new deck. 2.MN§15.99 Application Deadline: The application was received on July 17, 2024 and deemed complete on July 24, 2024. The 60- Day timeline for review expires on September 22, 2024. 3.Background: The applicant is requesting an average lakeshore setback variance in order to reconstruct and expand a lakeside deck beyond the average lakeshore setback line. The proposal meets all other zoning requirements including the 75-foot setback. The proposed deck is over an existing patio and therefore there is no increase in hardcover. 4.Planning Commission Vote and Comment: The Planning Commission held a Public Hearing on August 19, 2024 and reviewed the application. The Planning Commission stated that practical difficulties were present and moved to approve the variance application as applied by a vote of 7 to 0. The August 19, 2024 Planning Commission packet and meeting video can be found here. 5.Public Comment: The applicant included letters of support from both impacted neighbors in the Planning Commission packet. No other public comments have been received. 6.Staff Recommendation: Staff is supportive of the average lakeshore setback variance needed for the construction of a new deck. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve Resolution 7505. Exhibits Exhibit A - Draft Resolution 7505 Exhibit B - Plans 43 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7505 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA24-000041 WHEREAS, on July 17, 2024, Ben Mayer (hereinafter the “Applicant”), applied for a variance from the City Code for the property addressed 2914 Casco Point Road and legally described as: Tract K, REGISTERED LAND SURVEY No. 461, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for an average lakeshore setback variance setback from City Code Section 78-1279 in order to construct a new deck; and WHEREAS, on August 19, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 19, 2024, the Planning Commission voted 7 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on August 26, 2024 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA24-000041. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property contains 25,808 square feet in area and has a defined lot width of 100 feet at the 75- foot lakeshore setback and a lot width of 216 feet at the OHWL. 44 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7505 2 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Average Lakeshore Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” An average lakeshore setback variance is required for the construction of a new lakeside deck on the property. The average lakeshore setback line currently bisects the home. The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring properties. The neighboring properties are not impacted by new deck as the house is setback over 100 feet from the lake. All other setbacks including the 75-foot lake setback are met. The hardcover on the subject property will not increase due to the proposed deck being located over an existing patio. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in a new lakeside deck is consistent with the comprehensive plan. A lakeside deck was previously located on the property, which has since been removed. The proposal is for an expanded deck in the same location. There have been instances when the City has granted variances from average lakeshore setback when the proposal does not disrupt neighboring views of the lake and is not within the 75-foot setback. The proposed deck is not likely to impact any lake views. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The existing home had a lakeside deck, which has now been removed. The proposal is to reconstruct an expanded deck in the same location. The deck will be above an existing at grade patio and therefore there is no increase in hardcover. The proposed deck is over 100 45 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7505 3 feet away from the OHWL and is unlikely to impact neighboring views of the lake. The proposal preserves the intent of the ordinance by not disrupting any neighboring lake views. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the neighboring homes is out of the control of the homeowner. The applicant is requesting the average lakeshore setback variance to construct an expanded deck to a more reasonable size; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variance resulting in a new, expanded lakeside deck will not alter the character of the locality. The project will meet the 75-foot lake setback, meet hardcover requirements and limit impact to the neighbors. This criterion is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is a permitted use in the LR-1C District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The existing position of the property in relation to the neighboring homes is unique. The neighboring properties will not have their lake view impacted by the proposed deck. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The request is specific to this property as it relates to the existing conditions of the site and position of the home. This criterion is met. 46 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7505 4 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The proposed deck allows the property owner to fully enjoy the deck and lakeyard. The deck is over 100 feet from the lake and hardcover is not impacted. This criterion is met. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variance will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variance allows for the reconstruction and expansion of a lakeside deck that will encroach into the average lakeshore setback. The current home is nonconforming to average lakeshore setback as the setback line bisects the home. Any lakeside deck on the home would require a variance. The proposed deck will allow the current property owners to fully use and enjoy the lakeyard. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the construction of a deck within the average lakeshore setback subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (August 26, 2025). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 47 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7505 5 ADOPTED by the Orono City Council on this 26th day of August, 2024. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 48 Lake M i n n e t o n k aCascoPoint Road# 42379LICENSE NO.Thomas M. BloomDATE:DATE DRAFTED:DATE SURVEYED:CLIENT NAME / JOB ADDRESSSHEET TITLESHEET SIZESHEET 1 OF 1S1EXISTINGCONDITIONSSURVEYJULY 15, 2024JULY 15, 2024Phone (952) 474-7964Web: www.advsur.comAdvanceSurveying & Engineering, Co.DRAWING ORIENTATION & SCALE240918 TBJULY 15, 202440200DRAWING NUMBERSHEET NUMBER17 X 22SCALE - 1" = 20'LEGAL DESCRIPTION:Tract K, REGISTERED LAND SURVYE NO. 461, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal descriptionlisted above. The scope of our services does not include determining what youown, which is a legal matter. Please check the legal description with yourrecords or consult with competent legal counsel, if necessary, to make sure thatit is correct and that any matters of record, such as easements, that you wish tobe included on the survey have been shown.2. Showing the location of observed existing improvements we deem necessaryfor the survey.3. Setting survey markers or verifying existing survey markers to establish thecorners of the property.4. This survey has been completed without the benefit of a current titlecommitment. There may be existing easements or other encumbrances thatwould be revealed by a current title commitment. Therefore, this survey doesnot purport to show any easements or encumbrances other than the ones shownhereon.5. Note that all building dimensions and building tie dimensions to the propertylines, are taken from the siding and or stucco of the building.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.BEN MAYER2914 CASCO POINTROADORONO, MN18202 Minnetonka Boulevard, Suite 401Deephaven, Minnesota 55391LEGENDAverage setback LineExising Driveway 75' OHWLBoulder Retaining WallExisting Paver PatioRes. 7505 Ex. A49 23' 115 SQ FT115 SQ FT DECK DECK RAILCRAFT CABLE RAILING TREX ROCKY HARBOR DECKING 6X6 SET ON HELICAL PIER FOOTING SPLICE BOARD 1X12 AND 1X6 PVC FASCIA Ben Mayer 2914 Casco Point Rd Orono, MN 55391 50 21'-10" 23'10'2X12 PT LEDGER 2X12 PT SYP KDAT JOIST 16" OC5 1/4 X 15 1/8 GLULAM6X6 PT POST SET ON HELICAL PIER Ben Mayer 2914 Casco Point Rd Orono, MN 55391 51 6"7'GRADE 6X6 .60 GRADE PT POST SIMPSON ABE66Z HELICAL PIER FOOTING REPORTS PROVIDED AT INSPECTION FLOOR JOIST 2" MIN SHEATHING SIDING FLASHING DECKING DECK JOIST APPROVED JOIST HANGER PRESSURE TREATED 2X LEDGER INSTALLED WITH FASTENERS PER IRC TABLE R507.2 HOLD DOWN DEVISE MIN 750# CAPACITY AT 4 LOCATIONS EVENLY DISTRIBUTED ALONG DECK & 1 WITHIN 2" OF EACH END LEDGER HOLD DOWN DEVICES SHALL FULLY ENGAGE DECK JOIST PER HOLD DOWN MANUFACTURER FULLY THREADED 3/8" DIAMETER LAG SCREW PREDRILLED WITH 3" PENETRATION TO CENTER OF TOP PLATE, STUD, OR HEADER10'3'5 1/4 X 15 1/8 GLULAM BEAM LPC6Z SIMPSON 2X12 PT SYP JOIST 6X6 PT .60 GRADE SUPPORT POST GRADE 1 5/8 "X 3 5/8" RAILCRAFT ALUMINUM POST 1/8" STAINLESS STEEL CABLE RAILCRAFT 3500 SERIES ALUMINUM RAILING LESS THAN 4" SPACING LESS THAN 4" SPACING 1X12 & 1X6 PVC FASCIA 2X12 PT SYP KDAT JOIST 16" OC DOWN SPOUT 5/4"X6" DECK BOARD SINGLE BORDER DECK BOARD SEAMLESS GUTTER 6X6 .60 GRADE PT POST TREX RAINESCAPE OVER JOIST FOR WATER TIGHT SEAL 1X12 & 1X6 PVC FASCIA Ben Mayer 2914 Casco Point Rd Orono, MN 55391 52 Lake M i n n e t o n k aCascoPoint Road# 42379LICENSE NO.Thomas M. BloomDATE:DATE DRAFTED:DATE SURVEYED:CLIENT NAME / JOB ADDRESSSHEET TITLESHEET SIZESHEET 1 OF 1S1EXISTINGCONDITIONSSURVEYJULY 15, 2024JULY 15, 2024Phone (952) 474-7964Web: www.advsur.comAdvanceSurveying & Engineering, Co.DRAWING ORIENTATION & SCALE240918 TBJULY 15, 202440200DRAWING NUMBERSHEET NUMBER17 X 22SCALE - 1" = 20'LEGAL DESCRIPTION:Tract K, REGISTERED LAND SURVYE NO. 461, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal descriptionlisted above. The scope of our services does not include determining what youown, which is a legal matter. Please check the legal description with yourrecords or consult with competent legal counsel, if necessary, to make sure thatit is correct and that any matters of record, such as easements, that you wish tobe included on the survey have been shown.2. Showing the location of observed existing improvements we deem necessaryfor the survey.3. Setting survey markers or verifying existing survey markers to establish thecorners of the property.4. This survey has been completed without the benefit of a current titlecommitment. There may be existing easements or other encumbrances thatwould be revealed by a current title commitment. Therefore, this survey doesnot purport to show any easements or encumbrances other than the ones shownhereon.5. Note that all building dimensions and building tie dimensions to the propertylines, are taken from the siding and or stucco of the building.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.BEN MAYER2914 CASCO POINTROADORONO, MN18202 Minnetonka Boulevard, Suite 401Deephaven, Minnesota 55391LEGENDAverage setback LineExising Driveway 75' OHWLBoulder Retaining WallExisting Paver PatioCouncil Exhibit B53 23' 115 SQ FT115 SQ FT DECK DECK RAILCRAFT CABLE RAILING TREX ROCKY HARBOR DECKING 6X6 SET ON HELICAL PIER FOOTING SPLICE BOARD 1X12 AND 1X6 PVC FASCIA Ben Mayer 2914 Casco Point Rd Orono, MN 55391 54 21'-10" 23'10'2X12 PT LEDGER 2X12 PT SYP KDAT JOIST 16" OC5 1/4 X 15 1/8 GLULAM6X6 PT POST SET ON HELICAL PIER Ben Mayer 2914 Casco Point Rd Orono, MN 55391 55 6"7'GRADE 6X6 .60 GRADE PT POST SIMPSON ABE66Z HELICAL PIER FOOTING REPORTS PROVIDED AT INSPECTION FLOOR JOIST 2" MIN SHEATHING SIDING FLASHING DECKING DECK JOIST APPROVED JOIST HANGER PRESSURE TREATED 2X LEDGER INSTALLED WITH FASTENERS PER IRC TABLE R507.2 HOLD DOWN DEVISE MIN 750# CAPACITY AT 4 LOCATIONS EVENLY DISTRIBUTED ALONG DECK & 1 WITHIN 2" OF EACH END LEDGER HOLD DOWN DEVICES SHALL FULLY ENGAGE DECK JOIST PER HOLD DOWN MANUFACTURER FULLY THREADED 3/8" DIAMETER LAG SCREW PREDRILLED WITH 3" PENETRATION TO CENTER OF TOP PLATE, STUD, OR HEADER10'3'5 1/4 X 15 1/8 GLULAM BEAM LPC6Z SIMPSON 2X12 PT SYP JOIST 6X6 PT .60 GRADE SUPPORT POST GRADE 1 5/8 "X 3 5/8" RAILCRAFT ALUMINUM POST 1/8" STAINLESS STEEL CABLE RAILCRAFT 3500 SERIES ALUMINUM RAILING LESS THAN 4" SPACING LESS THAN 4" SPACING 1X12 & 1X6 PVC FASCIA 2X12 PT SYP KDAT JOIST 16" OC DOWN SPOUT 5/4"X6" DECK BOARD SINGLE BORDER DECK BOARD SEAMLESS GUTTER 6X6 .60 GRADE PT POST TREX RAINESCAPE OVER JOIST FOR WATER TIGHT SEAL 1X12 & 1X6 PVC FASCIA Ben Mayer 2914 Casco Point Rd Orono, MN 55391 56 Date: August 26, 2024 Item: 10 Presenter: Laura Oakden, Community Development Director Section: Consent Agenda Title: Hennepin County Housing and Redevelopment Authority Participation request- Resolution 7483 1.Purpose: The City Council is being asked to adopt Resolution 7483 ro participate in Hennepin County Housing and Redevelopment Authority for their Home Ownership Assistance program. 2.Background: West Hennepin Affordable Housing Land Trust (WHAHLT), dba Homes Within Reach (HWR), is a non-profit corporation that promotes affordable homeownership using the community land trust concept. They purchase homes and address health and safety and energy efficiency rehab to the home. By removing the cost of the land from the transaction and selling the home to a qualified buyer the home becomes affordable. The homebuyer signs a 99 year ground lease which makes our homes affordable in perpetuity. Our buyers must qualify for a conventional mortgage to purchase their home. HWR has received funding from Hennepin County Housing and Redevelopment Authority’s Homeownership Assistance Program. One of the requirements for use of these funds in your City is a approval of a city resolution. HWR utilizes these funds to provide affordable homeownership opportunities in communities throughout suburban Hennepin County. The Funding is directly to HWR and our responsibility to administer over a 30 year forgivable term. Homes With Reach can also obtain additional funding via Met Council and MN Housing Finance Agency to make homes affordable for families purchasing homes through . 3.Staff Recommendation: Staff recommends the City Council adopt Resolution 7483 to allow participation with Hennepin County Housing and Redevelopment Authority. AGENDA ITEM COUNCIL ACTION REQUESTED Adopt Hennepin County Housing and Redevelopment Authority Participation request- Resolution 7483 Exhibits City Resolution 7483 57 CITY OF ORONO RESOLUTION NO. 7483 RESOLUTION APPROVING THE PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY IN AN AFFORDABLE HOUSING PROJECT WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) has approved the use Homeownership Assistance Program loan for West Hennepin Affordable Housing Land Trust (WHAHLT), dba Homes Within Reach. contingent upon the ORONO City Council’s consent to the HCHRA’s participation in the project. WHEREAS, The purchase of one of more homes to be acquired for the WHAHLT program, of which one or more properties may be located within the city of ORONO and the rest within suburban Hennepin County, will preserve the supply of affordable housing in the city by providing long-term affordability. WHEREAS, HCHRA from the HCHRA will complete the financing required for the project to go forward. BE IT RESOLVED that the participation of the Hennepin County Housing and Redevelopment Authority in the project for the limited purpose of providing financial support to the project is hereby approved. BE IT FURTHER RESOLVED that nothing in this resolution shall create a pecuniary obligation of the City to assist the project, nor shall the City be in any way responsible for any financing obligation or agreement of the HCHRA with respect to its provision of financial assistance to the project. BE IT FURTHER RESOLVED that nothing in this resolution is intended to endorse the merits of the Projects to be undertaken. ADOPTED by the City Council of the City of ORONO this ___th day of _______, 2024. ___________________________ DENNIS WALSH Mayor ATTEST: __________________________ CHRISTINE LUSIAN, City Clerk 58 Date: August 26, 2024 Item: 11 Presenter: Maggie Jin, Finance Director Section: Consent Agenda Title: Personnel Policy Updates 1.Purpose: The purpose of this item is to update the City of Orono Personnel Policy Handbook. 2.Background: The personnel policy contains the personnel policies and procedures that govern the city and employee relations. Staff continuously looks at the policies to ensure that it is staying up to date with legislations and good practice. Some of the key changes are as follows: Section 2.05 - Conflict of Interest was amended to add examples of conflict of interest actions and clarity regarding nepotism. Section 11.01 - To comply with the new law amendments for the Earned Sick and Safe Time Act, paid-on-call firefighters will no longer earn Sick and Safe leave effective May 24, 2024. Section 11.09 - Pregnancy and Parenting Leave edits were made to insurance coverage during period of leave. Pregnancy and Parenting leave will not be reduced for prenatal care medical appointments. Article 19 - Included the employee assistance program as a resource and added a reference to newly created Appendix I. Article 23 - Employer Recognition policy was amended to include a wellness fair and additional clarification on procedure and definition of major life events. Appendix D. - IT policy revised to include laptops. Appendix E. - Added some guidelines to the Expense Reimbursement Report. Appendix I. - Addition of a drug and alcohol testing for commercial drivers policy. The policy is based off of the League of Minnesota Cities model and has been formatted and revised to accommodate to the City of Orono. Remaining changes were minor, including formatting. The redlined version of the employee handbook is included with this action item. 3.Staff Recommendation: Staff recommends adoption of the updates to the personnel policy handbook. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to adopt the updates to the personnel policy handbook in Exhibit A. Exhibits Exhibit A. Personnel Policy Redlined Version 59 City of Orono Personnel Policy 2024 60 Page 2 of 150 Table of Contents Article 1. INTRODUCTION .................................................................................................................. 7 Section 1.01 Purpose ............................................................................................................................... 7 Section 1.02 Scope ................................................................................................................................... 7 Section 1.03 EEO Policy Statement ........................................................................................................ 7 Section 1.04 Data Practices Advisory ..................................................................................................... 7 Section 1.05 Media Requests ................................................................................................................... 8 Section 1.06 Personal Communications and Use of Social Media .......................................................... 9 Article 2. CITYWIDE WORK RULES & CODE OF CONDUCT ..................................................... 11 Section 2.01 Conduct as a City Employee ............................................................................................ 11 Section 2.02 Attendance & Absence ..................................................................................................... 11 Section 2.03 Access to and Use of City Property .................................................................................. 12 Section 2.04 Appearance ....................................................................................................................... 12 Section 2.05 Conflict of Interest ............................................................................................................ 13 Section 2.06 Falsification of Records .................................................................................................... 14 Section 2.07 Personal Communications ................................................................................................ 14 Section 2.08 Political Activity ........................................................................................................... 1514 Section 2.09 Smoking ............................................................................................................................ 15 Section 2.10 Gifts .................................................................................................................................. 15 Article 3. DEFINITIONS ..................................................................................................................... 16 Section 3.01 Authorized Hours ............................................................................................................. 16 Section 3.02 Benefits ............................................................................................................................. 16 Section 3.03 Benefit Earning Employees .............................................................................................. 16 Section 3.04 Core Hours ........................................................................................................................ 16 Section 3.05 Demotion .......................................................................................................................... 16 Section 3.06 Direct Deposit ................................................................................................................... 16 Section 3.07 Employee .......................................................................................................................... 16 Section 3.08 Exempt Employee ............................................................................................................. 16 Section 3.09 FICA (Federal Insurance Contributions Act) ................................................................... 16 Section 3.10 Fiscal Year ........................................................................................................................ 16 Section 3.11 Full-Time Employee ......................................................................................................... 16 Section 3.12 Hours of Operation “Office Hours” .................................................................................. 17 Section 3.13 Management Employee .................................................................................................... 17 Section 3.14 Non-Exempt Employee ..................................................................................................... 17 Section 3.15 Paid-On-Call Firefighter (POC) ....................................................................................... 17 61 Page 3 of 150 Section 3.16 Part-Time Employee ........................................................................................................... 17 Section 3.17 Pay Period ........................................................................................................................... 17 Section 3.18 PERA (Public Employees Retirement Association) ........................................................... 17 Section 3.19 Promotion ........................................................................................................................... 17 Section 3.20 Reclassify (see Appendix F for detailed guidelines and process) ...................................... 17 Section 3.21 Seasonal Employee ............................................................................................................. 17 Section 3.22 Service Credit / Time ........................................................................................................ 17 Section 3.23 Temporary Employee ....................................................................................................... 18 Section 3.24 Training/Probationary Period ........................................................................................... 18 Section 3.25 Transfer ............................................................................................................................. 18 Section 3.26 Weapons ........................................................................................................................... 18 Section 3.27 Workweek ......................................................................................................................... 18 Article 4. EMPLOYEE RECRUITMENT & SELECTION ................................................................ 19 Section 4.01 Scope ................................................................................................................................. 19 Section 4.02 Features of the Recruitment System ................................................................................. 19 Section 4.03 Testing and Examinations ................................................................................................. 19 Section 4.04 Pre-Employment Medical Exams ..................................................................................... 19 Section 4.05 Selection Process .............................................................................................................. 20 Section 4.06 Background Checks .......................................................................................................... 20 Section 4.07 Training Period (see also 3.23) ......................................................................................... 20 Article 5 ORGANIZATION ............................................................................................................... 21 Section 5.01 Job Descriptions ................................................................................................................ 21 Section 5.02 Assigning and Scheduling Work ...................................................................................... 21 Section 5.03 Job Descriptions and Classifications ................................................................................ 21 Section 5.04 Layoff ............................................................................................................................... 21 Article 6. HOURS OF WORK ............................................................................................................. 22 Section 6.01 Work Hours ...................................................................................................................... 22 Section 6.02 Core Hours ........................................................................................................................ 22 Section 6.03 Meal Breaks and Rest Periods .......................................................................................... 22 Section 6.04 Adverse Weather Conditions ............................................................................................ 22 Article 7. COMPENSATION .............................................................................................................. 23 Section 7.01 Direct Deposit ................................................................................................................... 23 Section 7.02 Improper Deduction and Overpayment Policy ................................................................. 23 Section 7.03 Time Reporting ................................................................................................................. 24 Section 7.04 Overtime / Compensatory Time ....................................................................................... 24 Section 7.05 Non-Exempt (Overtime-Eligible) Employees .................................................................. 24 Section 7.06 Exempt (Non-Overtime-Eligible) Employees .................................................................. 25 62 Page 4 of 150 Section 7.07 Leave Policy for Exempt Employees................................................................................ 26 Article 9. BENEFITS ........................................................................................................................... 28 Section 9.01 Health, Dental, Life Insurance .......................................................................................... 28 Section 9.02 Retirement/PERA ............................................................................................................. 28 Section 9.03 Retirement/Deferred Compensation ................................................................................. 28 Section 9.05 Tuition Reimbursement (see Appendix B for detailed policy and forms) ........................ 29 Section 9.06 Worker’s Compensation ............................................................................................... 3029 Article 10. HOLIDAYS ..................................................................................................................... 3130 Article 11. LEAVES OF ABSENCE ................................................................................................. 3231 Section 11.01 Sick & Safe Leave ........................................................................................................ 3231 181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES. ........................................................ 3433 Section 11.02 Vacation Leave ............................................................................................................. 3534 Section 11.03 Funeral Leave ............................................................................................................... 3735 Section 11.04A Military Leave ............................................................................................................ 3735 Section 11.04B Military Leave for Family Members .......................................................................... 3936 Section 11.04C Military Leave for Family Member Injured or Killed in Active Service ................... 3936 Section 11.04D Civil Air Patrol ........................................................................................................... 3936 Section 11.05 Jury Duty ...................................................................................................................... 3936 Section 11.06 Court Appearances ........................................................................................................ 4037 Section 11.07 Victim or Witness Leave .............................................................................................. 4037 Section 11.08 Job Related Injury or Illness ......................................................................................... 4037 Section 11.09 Pregnancy and Parenting Leave .................................................................................... 4037 Section 11.10 Administrative Leave ................................................................................................... 4138 Section 11.11 Adoptive Parents ........................................................................................................... 4138 Section 11.12 School Conference Leave ............................................................................................. 4138 Section 11.13 Bone Marrow/Organ Donation Leave .......................................................................... 4138 Section 11.14A Elections / Voting ....................................................................................................... 4138 Section 11.14B Delegates to Party Conventions .................................................................................. 4239 Section 11.15 Regular Leave without Pay ........................................................................................... 4239 Section 11.16 Family and Medical Leave ........................................................................................... 4340 Section 11.17 Reasonable Work Time for Nursing Mothers ............................................................... 4441 Section 11.18 Light Duty/Modified Duty Assignment ........................................................................ 4441 Section 11.19 Reasonable Accommodations to an Employee for Health Conditions Relating to Pregnancy ............................................................................................................................................. 4542 Article 12. RESPECTFUL WORKPLACE POLICY ........................................................................ 4643 Section 12.01 Applicability ................................................................................................................. 4643 Section 12.02 Abusive Customer Behavior ......................................................................................... 4643 63 Page 5 of 150 Section 12.03 Types of Disrespectful Behavior .................................................................................. 4643 Section 12.04 Employee Response to Disrespectful Workplace Behavior ......................................... 4744 Section 12.05 Supervisor’s Response to Allegations of Disrespectful Workplace Behavior .............. 4845 Section 12.06 Special Reporting Requirements ................................................................................... 4946 Section 12.07 Confidentiality .............................................................................................................. 5047 Section 12.08 Retaliation ..................................................................................................................... 5047 Article 13. POSSESSION AND USE OF DANGEROUS WEAPONS ............................................ 5148 Article 14. SEPARATION FROM SERVICE ................................................................................... 5249 Section 14.01 Resignations .................................................................................................................. 5249 Section 14.02 Severance Pay ............................................................................................................... 5249 Section 14.03 Post-Retirement Health Care Savings Plan .................................................................. 5249 Section 14.04 Continuation of Group Health and Dental Insurance ................................................... 5249 Article 15. DISCIPLINE .................................................................................................................... 5451 Section 15.01 General Policy .............................................................................................................. 5451 Section 15.02 No Contract Language Established ............................................................................... 5451 Section 15.03 Process .......................................................................................................................... 5451 Article 16. GRIEVANCE PROCEDURE .......................................................................................... 5653 Section 16.01 Waiver .......................................................................................................................... 5653 Article 17. EMPLOYEE EDUCATION & TRAINING .................................................................... 5754 Section 17.01 Policy ............................................................................................................................ 5754 Section 17.02 Job-Related Training & Conferences ........................................................................... 5754 Section 17.03 Job-Related Meetings ................................................................................................... 5754 Section 17.04 Request for Participation in Training & Conferences .................................................. 5754 Section 17.05 Out of State Travel........................................................................................................ 5754 Section 17.06 Compensation for Travel & Training Time .................................................................. 5754 Section 17.07 Memberships and Dues ................................................................................................. 5754 Section 17.08 Travel & Meal Allowance (see Appendix E for form) ................................................. 5855 Article 18. OUTSIDE EMPLOYMENT ............................................................................................ 5956 Article 19. DRUG FREE WORKPLACE .......................................................................................... 6057 Section 19.01 Drug/Alcohol Testing Policy. ....................................................................................... 6057 Article 20. CITY DRIVING POLICY ............................................................................................... 6158 Section 20.01 Records Review. ........................................................................................................... 6158 Section 20.02 Cell Phone use while driving. ....................................................................................... 6158 Article 21. CITY TECHNOLOGY .................................................................................................... 6259 Section 21.01 Purpose .......................................................................................................................... 6259 Section 21.02 General Information ...................................................................................................... 6259 Section 21.03 Personal Use .................................................................................................................. 6259 64 Page 6 of 150 Section 21.04 IT Hardware .................................................................................................................. 6259 Section 21.05 IT Software .................................................................................................................... 6360 Section 21.06 Electronic Mail. ............................................................................................................. 6360 Section 21.07 Electronic Calendars. ..................................................................................................... 6461 Section 21.08 Personal Devices. .......................................................................................................... 6461 Section 21.09 Security.......................................................................................................................... 6461 Section 21.10 Internet. ......................................................................................................................... 6562 Section 21.11 Data Retention. .............................................................................................................. 6562 Section 21.12 Electronic Mobile devices (including Cell Phones) ..................................................... 6562 Section 21.13 Cell Phone Monthly Allowance Election. ..................................................................... 6663 Section 21.14 Procedures ..................................................................................................................... 6663 Section 21.15 Responsibility ............................................................................................................... 6764 Article 22. SAFETY ........................................................................................................................... 6865 Section 22.01 Reporting Accidents and Illnesses ................................................................................ 6865 Section 22.02 Safety Equipment/Gear ................................................................................................. 6865 Section 22.03 Unsafe Behavior ........................................................................................................... 6865 Section 22.04 Access to Gender-Segregated Activities and Areas ..................................................... 6865 Article 23. EMPLOYEE RECOGNITION ........................................................................................ 6966 Section 23.01 Service Recognition ...................................................................................................... 6966 Section 23.02 Service Awards and Events ........................................................................................... 6966 Appendix A. Performance Evaluation Process and Forms .............................................................. 7168 Appendix B. Tuition Reimbursement Policy and Forms ................................................................. 9895 Appendix C. Website Policy .......................................................................................................... 10299 Appendix D. Information Technology Policies and Forms ......................................................... 105102 Appendix E. Expense/Reimbursement Report ............................................................................ 113110 Appendix F. Position Reclassification Guidelines and Process ................................................... 115112 Appendix G. Flexible Work Arrangement Policy ........................................................................ 121118 Appendix H. Credit Card Policy .................................................................................................. 129126 Appendix I. Drug and Alcohol Testing Policy for Commerical Drivers ................................... 134131 65 Page 7 of 150 Article 1. INTRODUCTION Section 1.01 Purpose It is the purpose of these policies to establish a uniform and equitable system of personnel administration for employees of the city of Orono. Their 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. 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 Orono City Council. Except as otherwise prohibited by law, the City of Orono has the right to terminate any employee at any time for any or no reason. Employees may similarly terminate employment at any time for any reason. Section 1.02 Scope These policies apply to all employees of the city. Except where specifically noted, these policies do not apply to: 1. Elected officials 2. City attorney 3. Members of city boards, commissions, and committees 4. Consultants and contractors 5. Volunteers, except as specifically noted for paid-per-call firefighters. If any specific provisions of the personnel policies conflict with any current union agreement or civil service rules, the union agreement or civil service rules will prevail. Union employees are encouraged to consult their collective bargaining agreement first for information about their employment conditions. Nothing in these policies is intended to modify or supersede any applicable provision of state or federal law. 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 enforcement discussed with the employee by the immediate supervisor. Section 1.03 EEO Policy Statement The City of Orono 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 Orono will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, or membership on a local human rights commission. Section 1.04 Data Practices Advisory Employee records are maintained in a location designated by the city administrator. Personnel data is retained in personnel files, finance files, and benefit/medical files. Information is used to administer 66 Page 8 of 150 employee salary and benefit programs, process payroll, complete state and federal reports, document employee performance, etc. Employees have the right to know what data is retained, where it is kept, and how it is used. All employee data will be received, retained, and disseminated according to the Minnesota Government Data Practices Act. Section 1.05 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: 1. 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 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:  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.  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.  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 67 Page 9 of 150 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.  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. Section 1.06 Personal Communications and Use of Social Media It is important for city employees to remember that the personal communications of employees may reflect on the city, especially if employees are commenting on city business or commenting on issues that implicate their city employment. As city representatives, employees share in the responsibility of earning and preserving the public’s trust in the city. An employee’s own personal communications, such as on social media, can have a significant impact on the public’s belief that all city staff will carry out city functions faithfully and impartially and without regard to factors such as race, sex/gender, religion, national origin, disability, sexual orientation, or other protected categories. Non-personal communications (performed within one’s job duties) to members of the public must be professional at all times. The following guidelines apply to personal communications, including various forms such as social media (Facebook, Twitter, blogs, YouTube, etc.), letters to the editor of newspapers, and personal endorsements:  Do not share any private or confidential information you have access to as a result of your city position.  Any personal communications made on a matter of public concern must not disrupt the efficiency of the city’s operation, including by negatively affecting morale. Put another way, such public comments must not undermine any city department’s ability to effectively serve the public. Disruptive personal communications can include liking or republishing (sharing/retweeting) a social media post of another individual or entity. The City can act on the personal communication that violates this policy without waiting for the actual disruption.  Remember what you write or post cannot easily be undone. It may also be spread to larger audience than you intended. Use common sense when using email or social media sites. It is a good idea to refrain from sending or posting information or photos you would not want your boss or other employees to read, or you would be embarrassed to see in the newspaper. Keep in mind harassment, bullying, threats of violence, discrimination, or retaliation concerning a co-worker or between co- workers that would not be permissible in the workplace is not permissible online, even if it is done after hours, from home and on home computers.  The City of expects its employees to be fair, courteous, and respectful to supervisors, co- workers, citizens, customers, and other persons associated with the city. Avoid using statements, photographs, video or audio that reasonably may be viewed as malicious, obscene, threatening or intimidating, disparaging, or might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of sex, race, national origin, age, color, creed, religion, disability, marital status, familial status, veteran status, sexual orientation, gender identity, or gender expression, status with regard to public assistance or membership or activity in a local human rights commission.  If you publish something related to city business and there is liable to be confusion whether you are speaking on behalf of the city, it would be best to identify yourself and use a disclaimer such as, “These are my own opinions and do not represent those of the city of Orono.”  City resources, working time, or official city positions cannot be used for personal profit or business interests, or to participate in personal political activity. Some examples: a building inspector could not use the city’s logo, email, or working time to promote his/her side business as a plumber; a 68 Page 10 of 150 parks employee should not access a park after hours even though he or she may have a key; a clerk, while working at City Hall, should not campaign for a friend who is running for City Council.  Personal social media account name or email names should not be tied to the city (e.g., Orono Cop). 69 Page 11 of 150 Article 2. CITYWIDE WORK RULES & CODE OF CONDUCT Section 2.01 Conduct as a City Employee In accepting city employment, employees become representatives of the city and are responsible for assisting and serving the citizens for whom they work. An employee’s primary responsibility is to serve the residents of Orono. Employees should exhibit conduct that is ethical, professional, responsive, and of standards becoming of a city employee. To achieve this goal, employees must adhere to established policies, rules, and procedures and follow the instructions of their supervisors. Honesty is an important organizational attribute to our city. Therefore, any intentional misrepresentation of facts or falsification of records, including personnel records, medical records, leaves of absence documentation or the like, will not be tolerated. Further, dishonesty in city positions may preclude workers from effectively performing their essential job duties. The following are job requirements for every position at the city of Orono. All employees are expected to:  Perform assigned duties to the best of their ability at all times.  Render prompt and courteous service to the public at all times.  Read, understand, and comply with the rules and regulations as set forth in these personnel policies as well as those of their departments.  Conduct themselves professionally toward both residents and staff and respond to inquiries and information requests with patience and every possible courtesy.  Report any and all unsafe conditions to the immediate supervisor.  Maintain good attendance while meeting the goals set by an employee’s supervisor. Section 2.02 Attendance & Absence The operations and standards of service in the city of Orono 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 for a team to function efficiently and effectively, employees must fully understand the goals that have been set for them and the time required to be on the job. Understanding attendance requirements is an essential function of every city position. Employees who are going to be absent from work are required to notify their supervisor as soon as possible in advance of the absence. In the event of an unexpected absence, employees should contact their supervisor before the scheduled starting time and keep in mind the following procedures:  If the supervisor is not available at the time, the employee should leave a message that includes a telephone number where he/she can be reached and/or contact any other individual who was designated by the supervisor.  Failure to use the established reporting process will be grounds for disciplinary action.  The employee must notify the supervisor on each day of an absence extending beyond one (1) day unless arrangements otherwise have been made with the supervisor.  Employees who are absent for three (3) days or more and who do not report the absence in accordance with this policy, will be considered to have voluntarily resigned not in good standing.  The city may waive this rule if extenuating circumstances warranted such behavior. This policy does not preclude the city from administering discipline for unexcused absences of less than three days. Individual departments may establish more specific reporting procedures. 70 Page 12 of 150 For budgetary and confidentiality reasons, non-exempt employees (eligible for overtime pay) are not authorized to take work home or work through lunch without prior approval from their supervisor. Section 2.03 Access to and Use of City Property Any employee who has authorized possession of keys, tools, cell phones, pagers, or other city-owned equipment must register his/her name and the serial number (if applicable) or identifying information about the equipment with his/her supervisor. All such equipment must be turned in and accounted for by any employee leaving employment with the city in order to resign in good standing. Employees are responsible for the safekeeping and care of all such equipment. The duplication of keys owned by the city is prohibited unless authorized by the city administrator. Any employee found having an unauthorized duplicate key will be subject to disciplinary action. Section 2.04 Appearance The City of Orono has established a business casual dress code policy. While City employees are not required to wear what is traditionally considered formal business attire, appropriate standards of professionalism must be followed. Employees are expected to maintain a clean and neat appearance at all times, dressing in a manner appropriate for the work being performed and consistent with safety rules and considerations. Employees of the City are required to dress appropriately for the jobs they are performing. This policy shall apply when employees are engaging in official City business or are otherwise representing the City. Failure to adhere to this policy may result in appropriate disciplinary action, up to and including termination of employment. All employees are representatives of the City and therefore dress and appearance should: • Present a professional or identifiable appearance for external and internal customers as well as the public. • Promote a positive working environment. • Limit distractions caused by inappropriate dress. • Ensure and promote safety while at work. • Dress in a manner that is normally accepted in comparable operations. Appropriate Attire: • Neat and Well-Groomed — during working hours, employees should appear neat and professional at all times. Employees are expected to be suitably attired and well groomed, and ensure that their clothing is clean, ironed and not torn, ripped or stained. • Professional Attire — Employees should use common sense and good judgment in determining what to wear to work. Generally, if the employee is doubtful about some clothing, it is not appropriate. • Where uniforms are required, they must be worn during work hours. The uniforms should be neat and clean when the employee arrives for work. Each department is responsible for seeing to it that employees follow regulations regarding uniforms, related accessories and equipment. Uniforms bearing City identification patch should not be worn during off-duty hours. • Personal Protective Equipment (PPE): The City will provide employees, whose duties require it, with personal protective equipment. Employees are responsible for keeping the equipment in operable conditions and wearing it appropriately in the performance of their duties. • Job Specific — this dress code policy is a general guideline, but employees should take into consideration any job specific safety concerns or requirements. Employees who regularly lift machinery or heavy materials should not wear dangling clothing or jewelry that may get caught in machinery and should wear comfortable, slip-resistant, safety shoes at all times. • Good personal hygiene is required. 71 Page 13 of 150 • Attire and footwear must be appropriate for work setting, particularly if there is public contact. • Department Heads have discretion to further expand on what is considered appropriate attire within their respective departments/divisions. Prohibited Attire: Some attire is unacceptable for work at any time. The following list provides some examples, although it is not a complete list: • Any clothing or accessories that include an offensive word, message or slogan or picture directed at race, sexual orientation, gender, age, religion, disability, or is otherwise considered to be offensive or harassing in some way. • Cut-offs or shorts • Gym wear or beachwear • Clothing that reveals the employees under garments • Spandex or Lycra gym wear tops or bottoms • Tank tops, tube tops, halter-tops, or shirts with spaghetti straps. • Off the shoulder tops • Lounge wear (i.e., pajama pants) • Sweatshirts or sweatpants • Miniskirts • Flip-flops • Any clothing that reveals the employee's stomach, full back, cleavage, or chest, or otherwise revealing attire. • If logos are on clothing, these logos should not promote contractors or vendors that may conduct business with the City. Employees are expected to comply with the City dress code policy, maintaining an appropriate image for the workplace any time they are at work or otherwise representing the City, such as during professional association meetings and business travel. Employees who need an accommodation associated with a protected status such as religion or disability should speak to the City Administrator to obtain approval to deviate from this policy. 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 dress code more strictly against transgender and gender diverse employees than another employee Section 2.05 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 could be a 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. The following actions by an employee of the City of Orono shall be deemed a conflict of interest and subject to disciplinary action as appropriate:  Use or attempted use of the employee’s official position to secure benefits, privilege exceptions, or advantages for the employee or the employee’s immediate family or organization with which the employee’s immediate family or organization with which the employee is associated, which are different from the available to the public.  Acceptance of other contractual relationship that will affect the employee’s independent judgment in exercise of the employee’s official duties. 72 Page 14 of 150  Actions as an agent or attorney in any action or matter pending before the City of Orono, except in the proper discharge of official duties or on the employee’s behalf or as a member of a labor bargaining unit. To prevent conflict of interest, City employees shall not appoint, employ, supervise or participate in a hiring decision involving any immediate “Family Member” (Definition per Minn. Stat. §181.9445, subd. 7.). This includes the following members:  Spouse or registered domestic partner  Child (natural, foster, or adopted), siblings (natural, step, or foster), grandchild (natural, step, or foster), grandparent (natural or step), child of a sibling of the employee, sibling of the parents of the employee, child-in-law, sibling-in-law  Any of the family members listed above of a spouse or registered domestic partner  Any other individuals related by blood or whose close association with the employee is equivalent of a family relationship For purposes of this policy, a supervisor is an employee who is responsible for, or effectively contributes to, an employee’s performance appraisal; issues or recommends discipline; establishes work assignments or directs an employee’s work; adjusts or recommends adjustments to grievances; or who is accountable for an employee’s time, such as scheduling, approving overtime and/or timesheets. City employees shall not directly or indirectly supervise an immediate family member. The supervisory-subordinate relationship shall be interpreted to include all levels of supervisors within the chain of command, not just the immediate supervisor. If the immediate family relationship is formed after employment, both employees must disclose the relationship to the Department Head and Human Resources so that immediate steps, such as transfer, voluntary resignation, or dismissal from employment can be taken to resolve conflict with this policy. Should an employee not accept an offer to transfer to another division or department, as applicable, or should no transfer option be available, the employee may be dismissed. It shall be within the sole discretion of the City to determine which employee to dismiss based on the best interests of the City. All employees shall refrain from intervening in any employment matter involving an immediate family member and shall refrain from involvement in any employment matter which may be viewed as a conflict of interest. Section 2.06 Falsification of Records Any employee who makes false statements or commits, or attempts to commit, fraud in an effort to prevent the impartial application of these policies, will be subject to immediate disciplinary action up to and including termination and potential criminal prosecution. Section 2.07 Personal Communications Personal telephone calls and electronic communications are to be made or received only when truly necessary (e.g., family or medical emergency). They are not to interfere with city work and are to be e 73 Page 15 of 150 completed as quickly as possible. Please refer to the cell phone policy for information on use of cellular phones. (See Appendix C for additional information) Section 2.08 Political Activity City employees have the right to express their views and to pursue legitimate involvement in the political system. However, no city employee will 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 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. Section 2.09 Smoking The city of Orono 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 or cannabinoid 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 21 and over are allowed to smoke only during their breaks and lunch, and only in areas designated for that purpose. Section 2.10 Gifts City employees may not solicit or accept gifts from any person or company that has a direct financial interest in a decision that the City is authorized to make. No gift may be accepted from consultants, vendors, permit applicants, job applicants, local businesses, or others that have a financial interest in the decision the City may make. The only exceptions to the ban on gifts are:  services of insignificant monetary value;  a plaque or similar memento recognizing individual services in a field of specialty or a charitable cause;  a trinket or memento costing $5 or less;  informational material of insignificant value;  food or beverage given at a reception, meal, or meeting away from the employee’s place of work by an organization before whom the employee appears to make a speech or answer questions as part of a program;  gifts given because of the employee’s membership in group, a majority of whose members are not local officials, and an equivalent gift is given to the other members of the group; or  gifts given by a person who is a member of the employee’s family unless the gift is given on behalf of someone who is not a member of the family.  gifts given by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds, to attendees at a conference sponsored by that organization, if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees. Minn. Stat. §471.895 and Minn. Stat. §471.87 74 Page 16 of 150 Article 3. DEFINITIONS For purposes of these policies, the following definitions will apply: Section 3.01 Authorized Hours The number of hours an employee was hired to work. Actual hours worked during any given pay period may be different than authorized hours, depending on workload demands or other factors, and upon approval of the employee’s supervisor. Section 3.02 Benefits Privileges granted to qualified employees in the form of paid leave and/or insurance coverage. Section 3.03 Benefit Earning Employees Employees who are eligible for at least a pro-rated portion of city-provided benefits such as vacation and sick leave. Such employees must be year-round employees who work at least 20 hours per week on a regular basis. Section 3.04 Core Hours The core hours that all employees (exempt and non-exempt) are expected to work are 9 a.m. to 3:30 p.m., Monday through Friday. Police, fire, parks and public works employees do not have core hours and work the schedules established by their supervisors. Section 3.05 Demotion The movement of an employee from one job class to another within the city, where the maximum salary for the new position is lower than that of the employee’s former position. Section 3.06 Direct Deposit As permitted by state law, all city employees are required to participate in direct deposit. Section 3.07 Employee An individual who has successfully completed all stages of the selection process, including the training period. Section 3.08 Exempt Employee Employees who are not covered by the overtime provisions of the federal or state Fair Labor Standards Act. Section 3.09 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. Certain employees are exempt or partially exempt from these withholdings (e.g., police officers). These amounts may change if required by law. Section 3.10 Fiscal Year The period from Jan. 1 to Dec. 31. Section 3.11 Full-Time Employee Employees who are required to work forty (40) or more hours per week year-round in an ongoing position. 75 Page 17 of 150 Section 3.12 Hours of Operation “Office Hours” The city’s regular hours of operation are Monday through Friday, from 8 a.m. to 4:30 p.m. Section 3.13 Management Employee An employee who is responsible for managing a department or division of the city. Section 3.14 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. Section 3.15 Paid-On-Call Firefighter (POC) A firefighter that is required to respond to emergency callouts at any time, 24 hours a day, 7 days per week. POC firefighters are called out to emergencies with no notice and compensated for time worked at a nominal rate of pay. POC employees will earn Sick & Safe Leave but do not earn vacation other employment benefits. Section 3.16 Part-Time Employee Employees who are required to work less than forty (40) hours per week year-round in an ongoing position. In accordance with federal health care reform laws and regulations, the city shall offer health insurance benefits to eligible employees and their dependents that work on average or are expected to work 30 or more hours per week or the equivalent of 130 hours or more per month. In order to comply with health care reform law while avoiding penalties, part-time employees will be scheduled with business needs and in a manner that ensures positions retain part-time status as intended. Section 3.17 Pay Period A fourteen (14) day period beginning at 12 a.m. (midnight) on Monday through 11:59 p.m. on Sunday, fourteen (14) days later. Section 3.18 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. Section 3.19 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 employee’s former position. Section 3.20 Reclassify (see Appendix FG for detailed guidelines and process) Movement of a job from one classification to another classification because of a significant change in the position’s duties and responsibilities. Section 3.21 Seasonal Employee Employees who work only part of the year to conduct seasonal work. Seasonal employees may be assigned to work a full-time or part-time schedule. Seasonal employees will earn Sick & Safe Leave but do not earn benefits or credit for seniority. Section 3.22 Service Credit / Time 76 Page 18 of 150 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. Section 3.23 Temporary Employee Employees who work in temporary positions. Temporary jobs 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 full- time or part-time schedule. Temporary employees will earn Sick & Safe Leave but do not earn benefits or credit for seniority. Section 3.24 Training/Probationary Period A twelve-month period at the start of employment with the city or at the beginning of a promotion, reassignment, or transfer that is designated as a period within which to learn the job, unless covered by a collective bargaining agreement stating a different time frame. The training period is an integral extension of the city’s selection process and is used by supervisors for closely observing an employee’s work. An employee serving his/her initial probationary period may be disciplined at the sole discretion of the city, up to and including dismissal. An employee so disciplined, including dismissal, will not have any grievance rights. Nothing in this policy handbook shall be construed to imply that after completion of the probationary period, an employee has any vested interest or property right to continued city employment. Time served in temporary, seasonal, volunteer or interim positions are not considered part of the probationary period. If an emergency arises during an employee’s probationary period which requires a leave of absence, such time off, if granted, will not be considered as time worked, and the probationary period will be extended by the length of time taken. Section 3.25 Transfer Movement of an employee from one city position to another of equivalent pay. Section 3.26 Weapons Weapons are defined to include all legal or illegal firearms, switchblade knives, or any other object that has been modified to serve as a weapon or that has the primary purpose of serving as a weapon. Section 3.27 Workweek A workweek is seven consecutive 24-hour periods. For most employees the workweek will run from Monday through the following Sunday. With the approval of the city administrator, departments may establish a different workweek based on coverage and service delivery needs (e.g., police department, fire department, park and recreation department). 77 Page 19 of 150 Article 4. EMPLOYEE RECRUITMENT & SELECTION Section 4.01 Scope The city administrator or a designee will manage the hiring process for positions within the city. While the hiring process may be 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 merit and fitness related to the position being filled. Section 4.02 Features of the Recruitment System The city administrator or designee will determine if a vacancy will be filled through an 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. Application for employment will generally be made online. Other materials in lieu of a formal application may be accepted in certain recruitment situations as determined by the city administrator or designee. Supplemental questionnaires may be required in certain situations. All candidates must complete and submit the required application materials by the posted deadline, in order to be considered for the position. The deadline for application may be extended by the city administrator. Unsolicited applications will not be kept on file. Position vacancies may be filled on an “acting” basis as needed. The City Council will approve all acting appointments. Pay rate adjustments, if any, will be determined by the City Council. Section 4.03 Testing and Examinations Applicant qualifications will be evaluated in one or more of the following ways: training and experience rating; written test; oral test or interview; performance or demonstrative test; physical agility test; or another appropriate job-related exam. Internal recruitments will be open to any city employee who: (1) has successfully completed the initial training period; (2) meets the minimum qualifications for the vacant position; and (3) currently is and for the past year has been in good standing with the city. The City Council or designee will establish minimum qualifications for each position with input from the appropriate supervisor. To be eligible to participate in the selection process, a candidate must meet the minimum qualifications. Section 4.04 Pre-Employment Medical Exams The city administrator or designee may determine that a pre-employment medical examination, which may include a psychological evaluation, is necessary to determine fitness to perform the essential functions of any city position. Where a medical examination is required, an offer of employment is contingent upon successful completion of the medical exam. When a pre-employment medical exam is required, it will be required of all candidates who are finalists and/or who are offered employment for a given job class. Information obtained from the medical exam will be treated as confidential medical records. 78 Page 20 of 150 When required, the medical exam will be conducted by a licensed physician designated by the city with the cost of the exam paid by the city. (Psychological/psychiatric exams will be conducted by a licensed psychologist or psychiatrist). The physician will notify the city administrator or designee that a candidate either is or isn’t medically able to perform the essential functions of the job, with or without accommodations, and whether the candidate passed a drug test, if applicable. If the candidate requires accommodation to perform one or more of the essential functions of the job, the city administrator or designee will confer with the physician and candidate regarding reasonable and acceptable accommodations. If a candidate is rejected for employment based on the results of the medical exam, he/she will be notified of this determination. Section 4.05 Selection Process The selection process will be a cooperative effort between the city administrator or designee and the hiring supervisor, subject to final hiring approval of the City Council. Any, all, or none of the candidates may be interviewed. The process for hiring seasonal and temporary employees may be delegated to the appropriate supervisor with each hire subject to final City Council approval. Except where prohibited by law, seasonal and temporary employees may be terminated by the supervisor at any time, subject to City Council approval. The city has the right to make the final hiring decision based on qualifications, abilities, experience and city of Orono needs. Section 4.06 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 to assist in determining the candidate’s suitability for the position. Except where already defined by state law, the city administrator will determine the level of background check to be conducted based on the position being filled. Section 4.07 Training Period (see also 3.23) The training period is an integral part of the selection process and will be used for the purpose of closely observing the employee’s work and for training the employee in work expectations. Training periods apply to new hires, transfers, promotions, and rehires. Training periods are twelve months in duration, but may be extended by, for example, an unpaid leave of absence. 79 Page 21 of 150 Article 5 ORGANIZATION Section 5.01 Job Descriptions The city will maintain job descriptions for each regular position. New positions will be developed as needed but must be approved by the City Council prior to the position being filled. A job description is prepared for each position within the city. Each job description will include: position title, department, supervisor’s title, FLSA status (the city administrator will determine whether each employee is designated as “exempt” or “non-exempt” based on guidance provided by the FLSA(employees in executive, administrative, and professional job classes are generally exempt; all others are non-exempt)), primary objective of the position, essential functions of the position, examples of performance criteria, minimum requirements, desirable training and experience, supervisory responsibilities (if any), and extent of supervisory direction or guidance provided to position. In addition, job descriptions may also describe the benefits offered and potential career path opportunities as a means to entice a qualified pool of applicants. Good attendance and compliance with work rules and policies are essential functions of all city positions. Prior to posting a vacant position the existing job description is reviewed by the city administrator or designee and the hiring supervisor to ensure the job description is an accurate reflection of the position and the stated job qualifications do not present artificial barriers to employment. A current job description is provided to each new employee. Supervisors are responsible for revising job descriptions as necessary to ensure that the position’s duties and responsibilities are accurately reflected. All revisions are reviewed and must be approved by the city administrator. Section 5.02 Assigning and Scheduling Work Assignment of work duties and scheduling work is the responsibility of the supervisor subject to the approval of the respective department head. Section 5.03 Job Descriptions and Classifications Assignment of job titles, establishment of minimum qualifications, and the maintenance of job descriptions and related records is the responsibility of the city administrator. Section 5.04 Layoff In the event it becomes necessary to reduce personnel, temporary employees and those serving a probationary period in affected job classes will be terminated from employment with the city before other employees in those job classes. Within these groups, the selection of employees to be retained will be based on merit and ability as determined by the city administrator, subject to approval of the City Council. When all other considerations are equal, the principle of seniority will apply in layoffs and recall from layoffs. 80 Page 22 of 150 Article 6. HOURS OF WORK Section 6.01 Work Hours Employee work schedules will be established by supervisors with the approval of the city administrator. The regular workweek for full time employees is five eight-hour days in addition to a lunch period, Monday through Friday, except as otherwise approved by the department head in accordance with the customs and needs of the individual departments. Flex-time schedules and opportunities to work remotely may be established only with the approval of the department head and City Administrator. (See Appendix GH for Flexible Work Schedule Policy) Each employee must adhere to a schedule which has been established by taking into consideration the department work load and necessary services provided by the City. Such hours cannot be less than the minimum hours described in this policy, but may vary for shift requirements and other times deemed necessary to properly provide City services beyond regular business hours. All overtime must be approved by the appropriate department head or the department head's designee prior to being worked. (See policy on overtime payment.) For payroll purposes, overtime will be rounded off to the nearest quarter (1/4th) of an hour. Section 6.02 Core Hours To ensure employee availability and accountability to the public the city serves, all full-time employees (exempt and non-exempt) are to be at work or available to the public and co-workers during the hours of 9:00 a.m. to 3:30 p.m., Monday through Friday, unless away from the work site for a work-related activity or on approved leave. This does not apply to shift workers. Section 6.03 Meal Breaks and Rest Periods A paid fifteen-minute break is allowed within each four consecutive hours of work. An unpaid thirty- minute lunch period is provided when an employee works eight or more consecutive hours. Employees are expected to use these breaks as intended and will not be permitted to adjust work start time, end time, by saving these breaks. Employees will normally take their break in the immediate vicinity of their job site or the location of work. Exceptions must be approved by the supervisor or city administrator. Departments with unique job or coverage requirements may have additional rules, issued by the supervisor and subject to approval of the city administrator, on the use of meal breaks and rest periods. Section 6.04 Adverse Weather Conditions City facilities will generally be open during adverse weather. When it is necessary to close operations, employees will be paid for the hours closed as approved at the discretion of the City Administrator. Department heads will contact their employees with the closing information as soon as it is known. Due to individual circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early). Employees will be allowed to use accrued vacation time, Earned Sick and Safe Leave or compensatory time with supervisor approval, may modify the work schedule or make other reasonable schedule adjustments. Sworn police officers and public works maintenance employees will generally be required to report to work regardless of conditions. Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by the respective supervisor or the city administrator. 81 Page 23 of 150 Article 7. COMPENSATION The regular payday for all City employees is on alternating Fridays. The payroll is calculated for the two-week period ending the Sunday prior to the Friday payday. When a payday falls on an official holiday, employees will receive their pay on the preceding work day. Full-time employees of the city will be compensated according to schedules adopted annually by the City Council; or included in approved labor contracts. Compensation for seasonal and temporary employees will be set by the City Council at the time of hire, or on an annual basis. Unless approved by the Council, employees will not receive any amount from the city in addition to the pay authorized for the positions to which they have been appointed. Expense reimbursement or travel expenses may be authorized in addition to regular pay. Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person the amount of their own wages. While the Minnesota Government Data Practices Act (Minn. Stat. §13.43), specifically lists an employee’s actual gross salary and salary range as public personnel data, Minnesota law also requires wage disclosure protection rights and remedies to be included in employer personnel handbooks. To that end, and in accordance with Minn. Stat. §181.172, employers may not:  Require nondisclosure by an employee of his or her wages as a condition of employment.  Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee’s wages.  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.  Retaliate against an employee for asserting rights or remedies under Minn. Stat. §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 at (651) 284-5070 or (800) 342- 5354. Section 7.01 Direct Deposit As provided for in Minnesota law, all employees are required to participate in direct deposit. Employees are responsible for notifying the Finance Department of any change in status, including changes in address, phone number, names of beneficiaries, marital status, etc. When possible, it is recommended that employees make these changes through the payroll portal. Section 7.02 Improper Deduction and Overpayment Policy If an employee believes that an improper deduction or overpayment, or another type of error, has been made, he/she should immediately contact his/her supervisor. If the city determines it has made an improper deduction from a paycheck, it will reimburse the employee for the improper amount deducted and take good faith measures to prevent improper deductions from being made in the future. In cases of improper overpayments, employees are required to promptly repay the City in the amount of the overpayment. The employee can write a personal check or authorize a reduction in pay to cover the repayment. Once the overpayment has been recovered in full, the employee’s year to date earnings and taxes will be adjusted (so that the year’s Form W-2 is correct) and the paying department will receive the corresponding credit. When an overpayment occurs, the repayment must be made within the same tax year. 82 Page 24 of 150 In the exceptional situation where the overpayment occurs in one tax year and is not discovered until the next year, the overpayment must be repaid in the year it is discovered, but there will be additional steps and paperwork required. Any overpayments not repaid in full within the calendar year of the overpayment are considered “prior year overpayments” and the employee must repay not only for the net amount of the overpayment, but also the federal and state taxes the city has paid on their behalf. The city is able to recover the overpaid Social Security and Medicare taxes. Accordingly, the city will not require the employee to repay those taxes provided the employee provides a written statement that he/she will not request a refund of the taxes. The overpayment amount will remain taxable in the year of the overpayment since the employee had access to the funds. The employee is not entitled to file an amended tax return for the year but may be entitled to a deduction or credit with respect to the repayment in the year of repayment. Employees should contact their tax advisors for additional information. Section 7.03 Time Reporting The City uses an electronic time reporting system. Non-exempt employees will be paid according to the time reported in the time-keeping system. Exempt employees will be paid according to their annual salaries, but should record actual time worked for budgeting purposes. To comply with the provisions of the federal and state Fair Labor Standards Acts, hours worked, and any leave time used by non- exempt employees are to be recorded daily and submitted to payroll on a bi-weekly basis. Each time reporting form must include the digital approval of the employee and immediate supervisor. Reporting false information on a time report may be cause for immediate termination. Section 7.04 Overtime / Compensatory Time The city of Orono has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. For payroll purposes, overtime will be rounded to the nearest one-quarter (1/4) of an hour. All employees, in all departments, are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. Section 7.05 Non-Exempt (Overtime-Eligible) Employees All overtime-eligible employees will be compensated at the rate of time-and-one-half for all hours worked over 40 in one workweek. Sworn law enforcement personnel engaged in law enforcement activities will be paid overtime for hours worked above 171 hours in a continuous 28 day pay period. Vacation, sick leave, and paid holidays do not count toward “hours worked.” Compensation will take the form of either time-and-one-half pay or compensatory time. Compensatory time is paid time off at the rate of one-and-one-half hours off for each hour of overtime worked. For most employees the workweek begins at 12:00 a.m. on Monday and runs until the following Sunday night at 11:59 p.m. Supervisors may establish a different workweek based on the needs of the department, subject to the approval of the city administrator. The employee’s supervisor must approve overtime hours in advance. An employee who works overtime without prior approval may be subject to disciplinary action. 83 Page 25 of 150 Overtime earned will be paid at the rate of time-and-one-half on the next regularly scheduled payroll date. However, the employee may indicate on their time report that the overtime earned is to be recorded as compensatory time in lieu of payment. Compensatory time can be used for approved paid time off. All compensatory time over the maximum carry over (see contracts) will be paid to the employee by the end of the year at the hourly pay rate the employee is earning at that time of payout. All compensatory time will be recorded as such on official time reports, both when it is earned and when it is used. Section 7.06 Exempt (Non-Overtime-Eligible) Employees Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for reasons of public accountability, an exempt employee will need to work 40 or more hours per week. Exempt employees do not receive extra pay for the hours worked over 40 in one workweek. 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. The City of Orono 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.  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 salary to the employee, but the city could offset the amount of the military pay for the week against the employee’s salary.  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.  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).  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.  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: o Paid leave has not been requested or has been denied. o Paid leave is exhausted. o The employee has specifically requested unpaid leave.  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.  The employee takes unpaid leave under the FMLA.  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 84 Page 26 of 150 employee. In this case, the employee will be treated as non-exempt for any workweek in which the budget-related deductions are made. The city of Orono will not make deductions from pay due to exempt employees being absent for jury duty or attendance as a witness but will require the employee to pay back to the city any amounts received by the employee as jury fees or witness fees. 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 resource management technician promptly. Section 7.07 Leave Policy for Exempt Employees Exempt employees are required to work the number of hours necessary to fulfill their responsibilities including evening meetings and/or on-call hours. The normal hours of business for exempt staff are Monday through Friday, 8:00 a.m. to 4:30 p.m., plus evening meetings as necessary. Exempt employees are required to use paid leave when on personal business or away from the office for two hours or more, on a given day. Absences of less than two hours do not require use of paid leave if that the staff member regularly puts in work hours above and beyond the normal 8:00 a.m. to 4:30 p.m. Monday through Friday requirement. Exempt employees must communicate their absence to their supervisor. If one of the above employees is regularly absent from work under this policy and it is found there is excessive time away from work that is not justified, the situation will be handled as a performance issue. If it appears that less than forty hours per week is needed to fulfill the position’s responsibilities, the position will be reviewed to determine whether a part-time position will meet the needs of the city. Additional notification and approval requirements may be adopted by the city administrator for specific situations as determined necessary. 85 Page 27 of 150 Article 8. PERFORMANCE REVIEWS (See Appendix A for full policy and forms) An objective performance review system will be established by the city administrator or designee for the purpose of periodically evaluating the performance of city employees. The quality of an employee’s past performance will be considered in personnel decisions such as promotions, transfers, demotions, terminations and, where applicable, salary adjustments. Performance reviews will be discussed with the employee. 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. Performance reviews are to be scheduled on a regular basis, at least annually. The form, with all required signatures, will be retained as part of the employee’s personnel file. 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 the opportunity to discuss what is expected, what is going well and not so well. Signing of the performance review document by the employee acknowledges the review has been discussed with the supervisor and does not necessarily constitute agreement. Failure to sign the document by the employee will not delay processing. 86 Page 28 of 150 Article 9. BENEFITS Section 9.01 Health, Dental, Life Insurance The city will contribute a monthly amount for each eligible employee into a section 125 cafeteria plan. At the time of hire, and during the annual open-enrollment period, employees have the option to select from the following benefits. Pretax:  Health Insurance  Dental Insurance  Vision Insurance  HSA Contribution  Medical FSA  Limited Medical FSA  Dependent Care FSA  529 Plan After Tax:  Supplemental Life  Short-Term Disability  Long-Term Disability In accordance with federal health care reform laws and regulations, while avoiding penalties, the city will offer health insurance benefits to eligible employees and their dependents that work on average or are expected to work 30 or more hours per week or the equivalent of 130 hours or more per month. The amount to be contributed and the type of coverage will be determined annually by the City Council. For information about coverage and eligibility requirements, employees should refer to the summary plan description or contact the Finance Department. Section 9.02 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. Members of PERA are also eligible to participate in a PERA life, a voluntary decreasing term life insurance plan. For information about PERA eligibility, contribution requirements, and PERA life, contact the Finance Department or PERA directly (mnpera.org). Section 9.03 Retirement/Deferred Compensation Benefit earning employees are also eligible to participate in the City’s Deferred Compensation Plan (457 Plans). The City currently offers plans form the Minnesota State Retirement System, Nationwide and Mission Square Retirement (formerly ICMA). Information on these plans can be found in the appendix. 87 Page 29 of 150 Section 9.05 Tuition Reimbursement (see Appendix B for detailed policy and forms) 88 Page 30 of 150 To be considered for tuition reimbursement, the full-time employee must be in good standing and have been employed by the city for at least one year. Employees must submit the tuition reimbursement form to the City Administrator for consideration. Courses taken for credit at an approved educational institution must meet the following criteria to be approved for reimbursement:  Courses must be directly related to the employee’s present position (whether required for a degree program or not) OR  Educational goals must be aimed at completion of a certificate, undergraduate or graduate program.  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). The city will pay the cost of tuition upon successful completion (C grade or better; “pass” in a pass/fail course) of the approved course. Reimbursements will be prorated for part-time employees. Employees must reimburse the city if they voluntarily leave employment within twelve months of receiving tuition reimbursement from the city. Tuition reimbursement for an individual employee is subject to funding availability. Section 9.06 Worker’s Compensation In accordance with the laws of the State of Minnesota, the City provides coverage for medical expenses in the event of work-related injury or disease, plus partial salary continuation in the event of disability, and additional benefits if the injury or disease causes partial or permanent disability or death. Employees on a workers’ compensation related leave have the option use sick leave to up to the difference of the Workers’ Compensation salary continuation and the employees regular pay amount. In no case shall an employee’s workers’ compensation and sick leave use exceed their normal pay check. Employees are automatically covered under the workers' compensation plan as soon as employment begins. To be eligible for workers' compensation, the injury or disease must arise out of and occur during the course of employment. The City pays the entire cost of this protection. Benefits paid depend entirely on the benefit schedule set up by the State of Minnesota and applicable at the time the work-related injury or disease is incurred. If an employee has a work-related injury or disease and is under a doctor's care, that employee cannot change doctors for treatment of this work-related injury or disease without first contacting the City’s workers' compensation company and obtaining approval to make this change. 89 Page 31 of 150 Article 10. HOLIDAYS The city observes the following official holidays for all regular full-time and part-time employees: New Year’s Day Labor Day Martin Luther King, Jr. Day Veterans Day Presidents Day Thanksgiving Day Memorial Day Friday after Thanksgiving Juneteenth Christmas Eve Independence Day Christmas Day One Designated Floating Holiday, to be set by the City Administrator Official holidays commence at the beginning of the first shift of the day on which the holiday is observed and continue for twenty-four hours thereafter. When a holiday falls on a Sunday, the following Monday will be the “observed” holiday and when a holiday falls on a Saturday, the preceding Friday will be the “observed” holiday for city operations/facilities that are closed on holidays. Full-time employees will receive pay for official holidays at their normal straight time rates, provided they are on paid status on the last scheduled day prior to the holiday and first scheduled day immediately after the holiday. Part-time employees will receive prorated holiday pay based on the number of hours normally scheduled. Any employee on a leave of absence without pay from the city is not eligible for holiday pay. Nonexempt employees who are required to be on duty on any holiday, or who agree to be on duty on any holiday will be compensated at one and one-half (1-1/2) times their regular rate of pay for all hours worked will be for hours worked on the “actual” holiday as opposed to the “observed” holiday. 90 Page 32 of 150 Article 11. LEAVES OF ABSENCE Depending upon an employee’s situation, more than one form of leave may apply during the same period of time (e.g., the Family and Medical Leave Act is likely to apply during a workers’ compensation absence). An employee will need to meet the requirements of each form of leave separately. Leave requests will be evaluated on a case-by-case basis. Except as otherwise stated, all paid time off, taken under any of the city’s leave programs, must be taken consecutively, with no intervening unpaid leave. The city will provide employees with time away from work as required by state or federal statutes, if there are requirements for such time off that are not described in the personnel policies. Section 11.01 Sick & Safe Leave Sick & Safe Leave is authorized absence from work with pay, granted to qualified employees. Employees are to use this paid leave only when they are unable to work for medical reasons and under the conditions explained below. Sick & Safe Leave does not accrue during an unpaid leave of absence. • Full-time employees will accrue Sick & Safe Leave by pay period at a rate of ninety-six (96) hours per calendar year (3.69 Hours/pay period). • Part-time employees regularly scheduled to work at least 20 hours per week will accrue Sick & Safe Leave on a pro-rated basis of the full-time employee schedule. • Part-time employees regularly scheduled to work fewer than 20 hours will earn Sick and Safe Leave at one hour of Earned Sick and Safe for every 30 hours worked by an employee, up to a maximum of 48 hours of sick and safe leave per year. The maximum total amount of accrued Sick & Safe Leave cannot exceed 80 hours. The hourly rate of Earned Sick and Safe Leave is the same hourly rate an employee earns from employment with the city. To qualify for Sick & Safe Leave an employee must work at least 80 hours in a 12-month period for the city. • Temporary and seasonal employees will earn Sick and Safe Leave at one hour of Earned Sick and Safe for every 30 hours worked by an employee, up to a maximum of 48 hours of sick and safe leave per year. The maximum total amount of accrued Sick & Safe Leave cannot exceed 80 hours. The hourly rate of Earned Sick and Safe Leave is the same hourly rate an employee earns from employment with the city. To qualify for Sick & Safe Leave an employee must work at least 80 hours in a 12-month period for the city. • Paid on call firefighters will earn Sick and Safe Leave at one hour of Earned Sick and Safe for every 30 hours worked by an employee, up to a maximum of 48 hours of sick and safe leave per year. The maximum total amount of accrued Sick & Safe Leave cannot exceed 80 hours. The hourly rate of Earned Sick and Safe Leave is the same hourly rate an employee earns from employment with the city. To qualify for Sick & Safe Leave an employee must work at least 80 hours in a 12-month period for the city. • Paid on call firefighters will not earn Sick and Safe Leave effective May 25, 2024 due to Law Changes. For reference visit MN Dept of Labor. • Sick & Safe Leave may be used only for days when the employee would otherwise have been at work. • Full Time & Part-Time employees will not be allowed to have more than 960 hours (120 working days) of Sick & Safe Leave on January 1st of each year. Once an employee accrues 960 hours, they will not accrue additional time unless the number of hours drops below 960. Accrued Sick & Safe Leave with pay has no value upon termination or retirement except as provided in the "Severance Pay at Retirement / Termination of Employment in Good Standing / Sick & Safe Leave Handling at Termination" section of this handbook. 91 Page 33 of 150 • Temporary & Seasonal employees that finish their employment and return within 180 days will have their unused Sick & Safe Leave carried over. The Sick & Safe Leave amount cannot be more than 80 hours. Sick & Safe Leave may be used as follows:  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:  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  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  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  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 92 Page 34 of 150 To be eligible for Sick & Safe Leave pay: If the need for sick and safe leave is foreseeable, the city requires seven days’ advance notice. However, if the need is unforeseeable, employees must provide notice of the need for Earned Sick and Safe time as soon as practicable. When an employee uses Earned Sick and Safe time for more than three consecutive days, 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 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, Earned Sick and Safe Leave 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 the employee’s family member’s medical condition. In accordance with state law, the city will not require an employee using Earned Sick and Safe leave to find a replacement worker to cover the hours the employee will be absent. 181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES. (a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets With the approval of the City Administrator, city employees having accrued sick leave are allowed to donate a portion of the accrued sick leave to fellow employees experiencing a major medical condition. A major condition is considered to be a severe illness, major surgery, other physical ailment or other instances that qualify under the sick leave policy that causes, or is expected to cause an absence from work for 15 working days or more in any 12-month period. Conditions The donation of sick leave from one employee to another is subject to the following: 1. An employee must make a request to the department director or human resources to receive donated sick leave; 2. An employee is only eligible to receive donated sick leave for time lost from work due to a major medical condition as described above; 3. An employee will only be eligible to receive donated sick leave after all accrued sick leave, compensatory time and vacation have been used; 4. No employee will be allowed to receive more than 20 days of donated sick leave for any single major medical condition without the additional approval of the City Administrator; 5. An employee may donate no more than 16 hours per calendar year to a single fellow employee. This will not prohibit donating up to 16 hours each per year to additional employees; 93 Page 35 of 150 6. Donation of sick leave will not be allowed once an employee is judged to be disabled by the major medical condition and will not be returning to work. 7. Donation of sick leave by city employees will be completely voluntary. No city employee may pressure or otherwise attempt to influence a city employee to donate sick leave. 8. An application to donate sick leave must be made to the city administrator’s office on forms designated for that purpose. 9. The City Administrator shall have the right to deny use of donated sick leave or limit its use when determined as necessary and in the best interest of the City of Orono. Section 11.02 Vacation Leave The city believes that vacation is important to the health and well-being of our employees and as such, provides paid vacation for eligible employees for rest and recuperation. Vacation hours are earned based on calendar months of service and accrue as indicated below: 0 through 5 years of continuous service; 80 Hours 3.08/pay period 6 through 10 years of continuous service; 120 Hours 4.62/pay period 11 through 15 years of continuous service; 144 Hours 5.54/pay period 16 through 18 years of continuous service; 160 Hours 6.15/pay period 18 through 20 years of continuous service; 176 Hours 6.77/pay period Over 20 years of continuous service; 192 Hours 7.38/pay period a. Eligibility Full-time employees will earn vacation leave in accordance with the above schedule. Part-time employees who work at least 20 hours per week on a regular basis will accrue vacation leave on a prorated basis of the full-time employee schedule. Part-time employees who work less than 20 hours per week on a regular basis, temporary and seasonal employees will not earn or accrue vacation leave. b. Accrual Rate For the purpose of determining an employee’s vacation accrual rate, years of service will include all continuous time that the employee has worked at the city (including authorized unpaid leave). Employees who are rehired after terminating city employment will not receive credit for their prior service unless specifically negotiated at the time of hire. 94 Page 36 of 150 c. Earnings and Use c. 95 Page 37 of 150 Vacation leave may be used as it is earned, subject to approval by the employee’s supervisor. Unless approved by the City Administrator, vacation leave will not be earned during an unpaid leave of absence. An employee will not earn any vacation leave for any pay period unless he/she is employed by the city on the last scheduled workday of the pay period. Further, vacation leave will stop accruing as of the effective date of termination. Requests for vacation must be received at least forty-eight hours in advance of the requested time off. This notice may be waived at the discretion of the supervisor and city administrator. Vacation can be requested in increments as small as one hour up to the total amount of the accrued leave balance. Vacation leave is to be used only by the employee who accumulated it. It cannot be transferred to another employee. Employees will not be allowed to accrue more than 240 hours of vacation leave. Once an employee accrues 240 hours, they will not accrue additional time unless the number of hours drops below 240. No vacation will be allowed to accrue in excess of this amount without the approval of the City Council. Vacation leave cannot be converted into cash payments except at termination. Section 11.03 Funeral Leave Employees will be permitted to use up to three (3) consecutive working days, with pay, as funeral leave upon the death of an immediate family member (Immediate family member includes parent, spouse, child, father or mother in-law or sibling of the employee). This paid leave will not be deducted from the employee’s vacation or sick leave balance. The actual amount of time off, and funeral leave approved, will be determined by the supervisor or city administrator depending on individual circumstances (such as the closeness of the relative, arrangements to be made, distance to the funeral, etc.). Section 11.04A 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 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 on extended unpaid military leave will receive fifteen days paid leave of absence in each calendar year, not to exceed five years. Where possible, notice is to be provided to the city at least ten 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 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 96 Page 38 of 150 had they not been absent for military service and with the same seniority, status and pay, as well as 97 Page 39 of 150 other rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the purpose of vacation leave and sick leave accruals. Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen days will follow the same procedures as for any employee on an unpaid leave of absence. For reference see Minn. Stat. § 192.261; AG Opinion 310h-1(a) Section 11.04B 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 day’s duration in any calendar year, to attend a send-off or homecoming ceremony for the mobilized service member. For reference, see Minn. Stat. § 181.948. Section 11.04C Military Leave for Family Member Injured or Killed in Active Service Employees will be granted up to ten 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 10 days may be reduced if an employee elects to use appropriate accrued paid leave. For reference, see Minn. Stat. § 181.947 & Minn. Stat. § 181.948 Section 11.04D 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 vacation or PTO leave while on Civil Air Patrol Leave but are not required to do so. For reference, see Minn. Stat. § 181.946. Section 11.05 Jury Duty Regular full-time and part-time employees will be granted paid leaves of absence for required jury duty. Such employees will be required to turn over any compensation they receive for jury duty, minus mileage reimbursement, to the city in order to receive their regular wages for the period. Time spent on jury duty will not be counted as time worked in computing overtime. Employees excused or released from jury duty during their regular working hours will report to their regular work duties as soon as reasonably possible or will take accrued vacation or compensatory time to make up the difference. Employees are required to 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. 98 Page 40 of 150 Temporary and seasonal employees are generally not eligible for compensation for absences due to jury duty but can take a leave without pay subject to department head approval. However, if a temporary or seasonal employee is classified as exempt, he/she will receive compensation for the jury duty time. For reference, see Minn. Stat. § 593.50. Section 11.06 Court Appearances Employees will be paid their regular wage to testify in court for city-related business. Any compensation received for court appearances (e.g., subpoena fees) arising out of or in connection with city employment, minus mileage reimbursement, must be turned over to the city. Section 11.07 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. [See also: Sick & Safe Leave under the Sick & Safe Leave Policy for additional information on leave benefits available to employees and certain family members]. For reference, see Minn. Stat. § 611A.036 Section 11.08 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. 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. Section 11.09 Pregnancy and Parenting Leave All employees 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 30 days. If the leave must be taken in less than three days, the employee should give as much notice as practicable. Employees are required to use accrued leave (i.e., sick leave, vacation leave, etc.) during Pregnancy and Parenting Leave, except that the Pregnancy and Parenting Leave will not be reduced by any period of paid or unpaid leave taken for prenatal care medical appointments. If the employee has any FMLA 99 Page 41 of 150 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. During any leave for which an employee is entitled to benefits or leave under this section, the employer will maintain coverage under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents as if the employee was not on leave, provided, however, that the employee must continue to pay any employee share of the cost of the benefitsGroup 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. For reference, see Minn. Stat. § 181.940 & Minn. Stat. § 181.941. Section 11.10 Administrative Leave Under special circumstances, an employee may be placed on an 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 with consent of the City Council. Section 11.11 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. Section 11.12 School Conference Leave Any employee may take unpaid leave for up to a total of sixteen 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 vacation leave hours for this absence but are not required to do so. Minnesota Stat. § 181.940Minn. Stat. § 181.940 & Minn. Stat. § 181.9412 Section 11.13 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. An employer shall not be discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting bone marrow or organ donation leave rights or remedies. Minnesota Stat. §181.945Minn. Stat. §181.945 & Minn. Stat. § 181.9456 requirement for cities with more than 20 employees. Section 11.14A Elections / Voting 100 Page 42 of 150 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 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. For reference, see Minnesota Stat. § 204C.04Minn. Stat. § 204C.04 & Minn. Stat. § 204B.195 For reference, see Office of Minnesota Secretary of State re: Time off for Employees to Serve as Election Judges. Section 11.14B 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 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 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 vacation leave during their absence. For reference, see Minn. Stat. § 202A.135. Section 11.15 Regular Leave without Pay The city administrator may authorize leave without pay for up to thirty days. Leave without pay for greater periods may be granted by the City Council. Typically, employee benefits will not be earned by an employee while on leave without pay. However, the city’s contribution toward health, dental and life insurance may be continued, if approved by the City Council, for leaves of up to ninety days when the leave is for medical reasons and FMLA has been exhausted. If an employee is on a regular leave without pay and is not working any hours, the employee will not accrue (or be paid for) holidays, sick leave, or vacation leave (annual leave). Employees who are working reduced hours while on this type of leave will receive holiday pay on a prorated basis and will accrue sick leave and vacation leave (annual leave) based on actual hours worked. Leave without pay hours will not count toward seniority and all accrued vacation leave and 101 Page 43 of 150 compensatory time must normally be used before an unpaid leave of absence will be approved. To qualify for leave without pay, an employee need not have used all sick leave earned unless the leave is for medical reasons. Leave without pay for purposes other than medical leave or work-related injuries will be at the convenience of the city. Employees returning from a leave without pay for a reason other than a qualified Parenting Leave or FMLA, will be guaranteed return to the original position only for absences of thirty calendar days or less. Employees receiving leave without pay in excess of thirty 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. Section 11.16 Family and Medical Leave The FMLA applies to all public agencies, including state, local and federal employers, and local education agencies (schools). To be eligible for FMLA leave, an employee must work for a covered employer and: • have worked for that employer for at least 12 months; and • have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and Family and Medical leave ("FMLA leave") provides up to twelve (12) weeks of unpaid leave to an eligible employee for certain family and medical reasons. Maximum Leave: An employee may take a maximum of twelve (12) work weeks of FMLA leave in any rolling twelve (12) month period. Entitlement to Leave: FMLA leave may be granted for any of the following reasons: a. To care for the employee's child after birth, or placement for adoption or foster care; b. To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or c. For a serious health condition that makes the employee unable to perform the employee’s job. d. 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). Notice: The employee must give the City at least thirty (30) days advance notice that they will be taking FMLA leave. A "Request for Family/Medical Leave" form, copy attached, must be completed by the employee and returned to the immediate supervisor. In unexpected or unforeseeable situations, the employee should give as much notice as is practicable, usually verbal notice within one or two business days of when the need for leave becomes known, followed by a completed "Request for Family/Medical Leave" form. 102 Page 44 of 150 Serious Health Condition: A serious health condition is an illness or injury that is defined in the FMLA. For leaves taken because of the employee's or a covered family member's serious health condition, the City requires that either a "Certification of Health Care Provider for Employee’s Serious Health Condition" or "Certification of Health Care Provider for Family Member’s Serious Health Condition" form be completed within fifteen (15) days, which are available from the Finance Department. In addition, the City may require periodic reports on the employee's status and intent to return to work, and a fitness-for-duty report to return to work. Leave may be taken intermittently or on a reduced schedule when it is medically necessary. If an employee requests intermittent leave or leave on a reduced schedule that is foreseeable due to medical treatment, the employee may be temporarily transferred to another position if the position has equivalent pay and benefits and better accommodates the recurring periods of leave. Fit for duty: The City may require a medical certificate attesting to the employee’s fitness for duty prior to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of his/her regular job. The City Administrator may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the Americans with Disabilities Act (ADA). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. FMLA is unpaid leave. Employees must to use any accrued sick leave during their FMLA leave. Use of accrued leave time does not extend the FMLA leave beyond the allowed 12 weeks. FMLA Section 11.17 Reasonable Work Time for Nursing Mothers Nursing mothers and lactating employees will be provided reasonable break times to express milk for her infant child during the twelve months following the birth of the child, unless it would cause undue business disruption. The paid break time times must, if possible, run concurrently with any break time times already provided. Nursing mothers and lactating employees will be provided reasonable paid break times (which may run concurrently with already provided break times) to express milk. 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 employee for asserting nursing rights or remedies. Section 11.18 Light Duty/Modified Duty Assignment 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 by the city administrator 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. 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 103 Page 45 of 150 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 city administrator. 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. Section 11.19 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:  More frequent restroom, food, and water breaks;  Seating; and/or  Limits on lifting over 20 pounds. Additionally, an employer must provide reasonable accommodations, including, but not limited to, temporary leaves of absence, modification in work schedule or job assignments, seating, more frequent or longer break periods and limits to heavy lifting 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 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. During any leave for which an employee is entitled to benefits or leave under this section, the employer will maintain coverage under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents as if the employee was not on leave, provided, however, that the employee must continue to pay any employee share of the cost of the benefits. An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting reasonable accommodations pregnancy rights or remedies. For reference Minn. Stat.§ 181.939, and Minn. Stat. § 181.9414 104 Page 46 of 150 Article 12. RESPECTFUL WORKPLACE POLICY The City of Orono is committed to creating and maintaining a public service workplace free of harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964, the Minnesota Human Rights Act, and other related employment laws. In keeping with this commitment, the city maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. 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 with regard to public assistance The city acknowledges this policy cannot possibly predict all situations that might arise, and also recognizes that some employees can be exposed to disrespectful behavior, and even violence, by the very nature of their jobs. Section 12.01 Applicability Maintaining a respectful public service work environment is a shared responsibility. This policy is intended to express to all employees, volunteers, members of boards and commissions, applicants, contractors/vendors, elected officials and members of the public the expectations by the city of Orono for respectful workplace conduct both in the workplace and other city-sponsored social events. Section 12.02 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 use his/her discretion to call 911, and as soon as feasible, a supervisor. Employees should leave the area immediately when violence is imminent unless their duties require them to remain (such as police officers). Employees must notify their supervisor about the incident as soon as possible. Section 12.03 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 with regard to 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 105 Page 47 of 150 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 unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor or the city administrator. 4. Sexual harassment To provide employees with a better understanding of what constitutes sexual harassment, the definition, based on Minnesota. Statute Stat. § 363.01, subdivision 41, is provided: sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when: • 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. 5. 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. Section 12.04 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 the police, ask the individual to leave the area, and/or take other reasonable action If employees see or overhear what they believe is a violation of this policy, employees should advise a supervisor, the city administrator, or city attorney promptly. 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 his/her discretion to call 911, and as soon as feasible, a supervisor. In the event the disrespectful behavior occurring involves the employee’s supervisor, the employee should contact human resources, the supervisor’s manager or the city administrator. Step 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 106 Page 48 of 150 behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for this discussion. Step 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, human resources, your supervisor’s supervisor, 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, such as 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. Step 1(c). The city urges that conduct which is viewed as offensive be reported immediately to allow corrective action to be taken through education and immediate counseling, if appropriate. It is vitally important you notify a supervisor, the city administrator, the mayor or councilmember of promptly of your concerns promptly. Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it promptly to a supervisor 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 city administrator, the mayor or the city attorney. Section 12.05 Supervisor’s Response to Allegations 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 city administrator, 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: Step 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. Step 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 Government Data Practices Act and/or any 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. 107 Page 49 of 150 • 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 city administrator about the allegations (assuming the allegations do not involve the city administrator). For more information about what to do when allegations involve the city administrator, the mayor, or a councilmember, see “Special Reporting Requirements” below. Step 4. In most cases, as soon as practical 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. Section 12.06 Special Reporting Requirements When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the city administrator who will determine how to proceed in addressing the complaint as well as appropriate discipline. 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 a councilmember is perceived to be the cause of a disrespectful workplace behavior incident involving city personnel, the report will be made to the city administrator and referred to the city attorney. In cases such as these, it is common for the city council to authorize an investigation by an independent investigator (consultant). The independent investigator will report his/her findings to the City Council. The city will take reasonable and timely action, depending on the circumstances of the situation. Pending completion of the investigation, the city administrator may at his/her discretion take appropriate action to protect the alleged victim, other employees, or citizens. 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. In cases such as these, it is common for the city council to authorize an investigation by an 108 Page 50 of 150 independent investigator (consultant). The city will take reasonable and timely action, depending on the circumstances of the situation. Section 12.07 Confidentiality 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 will then become a part of the employee(s) personnel file(s). Section 12.08 Retaliation The city of Orono will not tolerate retaliation or intimidation directed towards anyone who reports employment discrimination, serves as a witness, participates in an investigation, and/or takes any other actions protected under federal or state discrimination laws, including when requesting religious or disability accommodation. 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, generally speaking, 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: 1. Immediate supervisor; 2. Your supervisor’s manager 3. City administrator; 4. Mayor or city councilmember 5. 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 city administrator, or if the complaint is against the city administrator to the city attorney, 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. 109 Page 51 of 150 Article 13. POSSESSION AND USE OF DANGEROUS WEAPONS Possession or use of a dangerous weapon (see attached definitions) is prohibited on city property, in city vehicles, or in any personal vehicle, which is being used for city business. This includes employees with valid permits to carry firearms. The following exceptions to the dangerous weapons prohibition are as follows: • Employees legally in possession of a firearm for which the employee holds a valid permit, if required, and said firearm is secured within an attended personal vehicle or concealed from view within a locked unattended personal vehicle while that person is working on city property. • A person who is showing or transferring the weapon or firearm to a police officer as part of an investigation. • Police officers and employees who are in possession of a weapon or firearm in the scope of their official duties. 110 Page 52 of 150 Article 14. SEPARATION FROM SERVICE Section 14.01 Resignations Employees wishing to leave the city service in good standing must provide a written resignation notice to their supervisor, at least fourteen calendar days before leaving. Exempt employees must give thirty calendar days’ notice. The written resignation must state the effective date of the employee’s resignation. Unauthorized absences from work for a period of three consecutive workdays may be considered as resignation without proper notice. Failure to comply with this procedure may be cause for denying the employee’s severance pay and any future employment with the city. Section 14.02 Severance Pay Employees who leave the employ of the city in good standing by retirement or resignation will receive 100 percent of unused accrued vacation (annual leave) as severance pay. Each employee with at least three (3) years, but less than twelve (12) years, of full-time service will receive, upon honorable termination of employment, one-third (1/3) of the employee's accumulated sick leave as severance pay. Each employee with twelve (12) years or more of service will receive, upon honorable termination of employment, one-half (1/2) of the employee’s accumulated sick leave as severance pay. Applicable taxes will be withheld from the payments. Pay will be computed at the compensation level effective at the time of retirement or resignation. Section 14.03 Post-Retirement Health Care Savings Plan Employees participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under Minn. Stat. § 352.98 and as outlined in the Minnesota State Retirement System’s Trust and Plan Documents unless exempted by statute. All funds collected by the employer on the behalf of the employee will be deposited into the employee’s post-employment health care savings plan account. Contributions shall be made as follows: Employee Payroll Contribution Employees with 0-5 completed years of service will contribute 0% of pay. Employees with 5+ years of service will contribute 1% of pay. Severance Contribution Employees with 0-5 completed years of service will contribute 0% of pay. Severance will be paid out to employees. Employees with 5+ years of service will contribute 100% of pay. Section 14.04 Continuation of Group Health and Dental Insurance This policy applies to all City employees who retire on or after January 1, 1993, and participated in the City’s group health and dental insurance program and met the requirements necessary to receive a disability benefit or an annuity from a Minnesota public pension plan other than a volunteer fire fighter plan. Minnesota law, Minn. Stat. Chapter 43A, provides that upon retirement, an eligible City employee and his or her covered dependents can participate in the group health/dental insurance program at the same premium rate as active employees until age 65. 111 Page 53 of 150 Coverage and level of benefits provided to retirees under age 65 and their dependents must be identical to that provided for active employees and their dependents. Retiree’s age 65 and over may stay in the group indefinitely, but premium rates do not have to be pooled with the active employee rates and retiree coverage does not have to be identical to active coverage. The retiree must pay the entire premium. Spouse and/or dependent coverage can be continued after retirement only if the employee carried dependent coverage prior to retirement. Employees are not required to continue spouse and/or dependent coverage after retirement. 112 Page 54 of 150 Article 15. DISCIPLINE Section 15.01 General Policy Supervisors are responsible for maintaining compliance with city standards of employee conduct. The objective of this policy is to establish a standard disciplinary process for employees of the city of Orono. City employees will be subject to disciplinary action for failure to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct and applicable city policies. Discipline will be administered in a non-discriminatory manner. An employee who believes that discipline applied was either unjust or disproportionate to the offense committed may pursue a remedy through the grievance procedures established in the city’s personnel policies. The supervisor and/or the city administrator will investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. Section 15.02 No Contract Language Established This policy is not to be construed as contractual terms and is intended to serve only as a guide for employment discipline. Section 15.03 Process The city may elect to use progressive discipline, a system of escalating responses intended to correct the negative behavior rather than to punish the employee. There may be circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. Nothing in these personnel policies implies that any city employee has a contractual right or guarantee (also known as a property right) to the job he/she performs. Documentation of disciplinary action taken will be placed in the employee’s personnel file with a copy provided to the employee. The following are descriptions of the types of disciplinary actions: 1. Oral Reprimand This measure will be used where informal discussions with the employee’s supervisor have not resolved the matter. All supervisors have the ability to issue oral reprimands without prior approval. Oral reprimands are normally given for first infractions on minor offenses to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be. The supervisor will document the oral reprimand including date(s) and a summary of discussion and corrective action needed. 2. 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 approval from the city administrator. A written reprimand will: (1) state what did happen; (2) state what should have happened; (3) identify the policy, directive or performance expectation that was not followed; (4) provide history, if any, on 113 Page 55 of 150 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. 3. 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 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. 4. Demotion and/or Transfer An employee may be demoted or transferred if attempts at resolving an issue have failed and the city administrator determines a demotion or transfer to be the best solution to the problem. The employee must be qualified for the position to which they are being demoted or transferred. The City Council must approve this action. 5. Salary An employee’s salary increase may be withheld, or the salary may be decreased due to performance deficiencies. 6. 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. 114 Page 56 of 150 Article 16. GRIEVANCE PROCEDURE Any dispute between an employee and the city relative to the application, meaning or interpretation of these personnel policies will be settled in the following manner: Step 1: The employee must present the grievance in writing, stating 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, to the proper supervisor within twenty-one days after the alleged violation or dispute has occurred. The supervisor will respond to the employee in writing within seven calendar days. Step 2: If the grievance has not been settled in accordance with Step 1, it must be presented in writing, stating 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, by the employee to the city administrator within seven days after the supervisor’s response is due. The city administrator or his/her designee will respond to the employee in writing within seven calendar days. The decision of the city administrator is final for all disputes with exception of those specific components in a performance evaluation subject to a challenge through the Minnesota Department of Administration. Section 16.01 Waiver If a grievance is not presented within the time limits set forth above, it will be considered “waived.” If a grievance is not appealed to the next step in the specified time limit or any agreed extension thereof, it will be considered settled on the basis of the city’s last answer. If the city does not answer a grievance or an appeal within the specified time limits, the employee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the city and the employee without prejudice to either party. The following actions cannot be grieved: • 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. • Pay increases or lack thereof; and • Merit pay awards. The above list is not meant to be all inclusive or exhaustive. 115 Page 57 of 150 Article 17. EMPLOYEE EDUCATION & 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 to provide employees with an opportunity for job enrichment and mobility. Section 17.01 Policy The city will pay for the costs of an employee’s participation in training and attendance at professional conferences, provided that attendance is approved in advance under the following criteria and procedures: Section 17.02 Job-Related Training & Conferences The subject matter of the training session or conference is directly job-related and relevant to the performance of the employee’s work responsibilities. Responsibilities outlined in the job description, annual work program requirements and training goals and objectives that have been developed for the employee will be considered in determining if the request is job-related. The supervisor and the city administrator are responsible for determining job-relatedness and approving or disapproving training and conference attendance. Section 17.03 Job-Related Meetings Attendance at professional meetings directly related to the performance of the employee’s work responsibilities require the advance approval of the employee’s supervisor. Section 17.04 Request for Participation in Training & Conferences The request for participation in a training session or conference must be submitted in writing to the employee’s department head. All requests must include an estimate of the total cost (training session, travel, meals, etc.) and a statement of how the education or training is related to the performance of the employee’s work responsibilities with the city. Section 17.05 Out of State Travel Attendance at training or conferences out of state is approved only if the training or conference is not available locally. All requests for out of state travel are reviewed for approval/disapproval by the city administrator. Section 17.06 Compensation for Travel & Training Time 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. Travel and other related training expenses will be reimbursed subject to the employee providing necessary receipts and appropriate documentation. Section 17.07 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, individual memberships remain with the city and are transferred to another employee by the supervisor. 116 Page 58 of 150 Section 17.08 Travel & Meal Allowance (see Appendix FE for form) If employees are required to travel outside of the area in performance of their duties as a city employee, they will receive reimbursement of expenses for meals, lodging and necessary expenses incurred. In no case will city funds be used to pay for, or reimburse, for events sponsored by or affiliated with political parties. The city will not reimburse employees for meals connected with training or meetings within city limits, unless the training or meeting is held as a breakfast, lunch or dinner meeting. The city will also not reimburse employees for the costs for travel of family members. The City will not provide reimbursement for alcoholic beverages. Employees who find it necessary to use their private automobiles for city travel and who do not receive a car allowance will be reimbursed at the prevailing mileage rate as established by the City Council, not to exceed the allowable IRS rate. Expenses for meals and lodging will be reimbursed at the current IRS per diem rate. 117 Page 59 of 150 Article 18. OUTSIDE EMPLOYMENT The potential for conflicts of interest is lessened when individuals employed by the city of Orono regard the city as their primary employment responsibility. All outside employment is to be reported to the employee’s immediate supervisor. If a potential conflict exists based on this policy or any other consideration, the supervisor will consult with the city administrator. Any city employee accepting employment in an outside position that is determined by the city administrator to be in conflict with the employee’s city job will be required to resign from the outside employment or may be subject to discipline up to and including termination. For the purpose of this policy, outside employment refers to any non-city employment or consulting work for which an employee receives compensation, except for compensation received in conjunction with military service or holding a political office or an appointment to a government board or commission that is compatible with city employment. The following is to be considered when determining if outside employment is acceptable: • Outside employment must not interfere with a full-time employee’s availability during the city’s regular hours of operation or with a part-time employee’s regular work schedule. • Outside employment must not interfere with the employee’s ability to fulfill the essential requirements of his/her position. • The employee must not use city equipment, resources or staff in the course of the outside employment. • The employee must not violate any city personnel policies as a result of outside employment. • The employee must not receive compensation from another individual or employer for services performed during hours for which he/she is also being compensated by the city. Work performed for others while on approved vacation or compensatory time is not a violation of policy unless that work creates the appearance of a conflict of interest. • No employee will work for another employer, or for his/her own business, while using paid sick leave from the city for those same hours. • Departments may establish more specific policies as appropriate, subject to the approval of the city administrator. City employees are not permitted to accept outside employment that creates either the appearance of or the potential for a conflict with the development, administration or implementation of policies, programs, services or any other operational aspect of the city. 118 Page 60 of 150 Article 19. DRUG FREE WORKPLACE The City of Orono has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs or alcohol jeopardize the safety and health of other workers as well as themselves. All employees are subject to this policy. City employees required to hold a commercial driver’s license by the U.S. Department of Transportation (“DOT”) must abide by this policy and the additional testing requirements set by the DOT. The city of Orono has adopted the following zero-tolerance policy on drugs in the workplace: 1. Employees are prohibited from being under the influence of drugs and must report to work on time and in an unimpaired mental and physical condition. 2. The term drug includes any “controlled substance” as defined in Minn. Stat. § 152.01, subd. 4, and also includes tetrahydrocannabinol (“THC”) products, including those that are lawfully available for public consumption. 3. Employees are prohibited from using, possessing, manufacturing, distributing, selling, purchasing, or dispensing of alcohol, drugs, or drug paraphernalia while on duty; on City premises; operating any City vehicle, machinery, or equipment; or performing any city business. 4. The city recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans and employee assistance program, as appropriate. 5. Any employee convicted of any criminal drug statute must notify his or her supervisor and the City Administrator in writing of such conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a drug-related conviction, the City will take appropriate personnel action against the employee up to and including discharge or require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program as an alternative to termination. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. 6. Employees taking a lawful drug, including prescription and over-the-counter drug, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee’s responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to perform safety-sensitive functions. 7. Violations of this policy will result in disciplinary action, up to and including termination, and may have additional legal consequences. Employees may be subject to drug testing and may be disciplined, suspended, or terminated after testing positive for drugs. Supervisors are authorized under this policy section 22.03 to send an employee home if the employee’s behavior creates a potential health or safety issue for the employee or others. Section 19.01 Drug/Alcohol Testing Policy. See Appendix I. 119 Page 61 of 150 Article 20. CITY DRIVING POLICY This policy applies to all employees who drive a vehicle on city business at least once per month, whether driving a city-owned vehicle or their own personal vehicle. It also applies to employees who drive less frequently but whose ability to drive is essential to their job due to the emergency nature of the job. The city expects all employees who are required to drive as part of their job to drive safely and legally while on city business and to maintain a good driving record. Section 20.01 Records Review. The city will examine driving records once per year for all employees who are covered by this policy to determine compliance with this policy. 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. The city will determine appropriate action on a case-by-case basis. Section 20.02 Cell Phone use while driving. Safety must come before all other concerns. Regardless of the circumstances and in accordance with Minnesota law, employees are required to use hands-free operations or pull off into a parking lot and safely stop the vehicle before placing or accepting a call. Employees are encouraged to refrain from discussion of complicated or emotional matters and to keep their eyes on the road while driving at all times. Special care should be taken in situations where there is traffic or inclement weather, or the employee is driving in an unfamiliar area. • Hands-free equipment will be provided in select city vehicles to facilitate the provisions of this policy. • Reading/sending text messages, making or receiving phone calls, emailing, video calling, scrolling/typing, accessing a webpage, or using non-navigation applications while driving is strictly prohibited. • In accordance with State law, there is an exception to hands free cell phone operations to obtain emergency assistance to report a traffic accident, medical emergency or serious traffic hazard or prevent a crime from being committed. There is also a State law exception for authorized emergency vehicles while in the performance of official duties. Employees who are charged with traffic violations resulting from the use of their phone while driving will be solely responsible for all liabilities that result from such actions. 120 Page 62 of 150 Article 21. CITY TECHNOLOGY Section 21.01 Purpose The purpose of this policy is to set standards and procedures that protect the security and integrity of the City’s electronic communication and information systems from business interruption, misuse, and/or unauthorized or inappropriate use and access. The full policy can be found in Aappendix C. Section 21.02 General Information This policy serves to protect the security and integrity of the City’s electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. Computers, cell phones and mobile electronic devises issued by the City to staff, elected official or appointed officials’ property of the City. The City reserves the right to inspect, without notice, all data, emails, files, settings, or any other aspect of a City-owned computer or related system, including personal information created or maintained by an employee. The City may conduct inspections on an as-needed basis as determined by City Administrator or City Council. Beyond this policy, the city’s Information Technology Department may distribute information regarding precautions and actions needed to protect City systems; all employees are responsible for reading and following the guidance and directives in these communications. Section 21.03 Personal Use The City recognizes that some personal use of City-owned computers and related equipment has and will continue to occur. Some controls are necessary, however, to protect the City’s equipment and computer network and to prevent abuse of this privilege. Reasonable, incidental personal use of City computers and software (e.g., word processing, spreadsheets, email, Internet, etc.) is allowed but should never preempt or interfere with work. All use of City computers and software, including personal use, must adhere to provisions in this policy, including the following: • Employees shall not connect personal peripheral tools or equipment (such as printers, digital cameras, disks, USB drives, or flash cards) to City-owned systems, without prior approval from the Information Technology Department If permission to connect these tools/peripherals is granted, the employee must follow provided directions for protecting the City’s computer network. • Personal files should not be stored on City computer equipment. This also applies to personal media files, including but not limited to mp3 files, wav files, movie files, iTunes files, or any other file created by copying a music CD, DVD, or files from the Internet. Information Technology staff will delete these types of files if found on the network, computers, or other City-owned equipment. Exceptions would be recordings for which the City has created, owns, purchased, or has a license. • City equipment or technology shall not be used for personal business interests, for-profit ventures, political activities, or other uses deemed by the City Administrator to be inconsistent with City activities. If there is any question about whether a use is appropriate, it should be forwarded to Information Technology Staff for a determination. Section 21.04 IT Hardware 121 Page 63 of 150 In general, the City will provide the hardware required for an employee to perform his or her job duties. Requests for new or different equipment should be made to your supervisor, who will forward the request to Information Technology. The City will not supply laptop computers based solely on the desire of employees to work offsite. A laptop request form will be required for each laptop deployment, and must be signed off by the employee’s supervisor and department head. Laptops will only be issued to employees who: travel frequently and require the use of a full computer while traveling; regularly use their laptop offsite; require a laptop for access to special software or systems; and/or have a documented business need for a laptop. Only City staff may use City computer equipment. Use of City equipment by family members, friends, or others is strictly prohibited. Employees are responsible for the proper use and care of City-owned computer equipment. City computer equipment must be secured while off City premises; do not leave computer equipment in an unlocked vehicle or unattended at any offsite facility. Computer equipment should not be exposed to extreme temperature or humidity. If a computer is exposed to extreme heat, cold, or humidity, it should be allowed to achieve normal room temperature and humidity before being turned on. Section 21.05 IT Software In general, the City will provide the software required for an employee to perform his or her job duties. Requests for new or different software should be made to your supervisor, who will forward the request to Information Technology. Employees shall not download or install any software on their computer without the prior approval of the Information Technology Staff. Exceptions to this include updates to software approved by Information Technology such as Microsoft updates, or other productivity software updates. Information Technology Staff may, without notice, remove any unauthorized programs or software, equipment, downloads, or other resources. Section 21.06 Electronic Mail. The City provides employees with an email address for work-related use. Some personal use of the City email system by employees is allowed, provided it does not interfere with an employee’s work and is consistent with all City policies. Employee emails (including those that are personal in nature) may be considered public data for both e-discovery and information requests and may not be protected by privacy laws. Email may also be monitored as directed by the City authorized staff and without notice to the employee. Employees must adhere to these email guidelines: • Never transmit an email that you would not want your supervisor, other employees, members, city officials, or the media to read or publish (e.g., avoid gossip, personal information, swearing, etc.). • Use caution or avoid corresponding by email on confidential communications (e.g., letters of reprimand, correspondence with attorneys, medical information). • Do not open email attachments or links from an unknown sender. Delete junk or “spam” email without opening it if possible. Do not respond to unknown senders. • Do not use harassing language (including sexually harassing language) or any other remarks, including insensitive language or derogatory, offensive, or insulting comments or jokes. 122 Page 64 of 150 Section 21.07 Electronic Calendars. A shared calendar environment is provided as part of the City’s email software program. All employees are required to keep their electronic calendar up to date and, at a minimum, must grant all staff the ability to view their calendar. Section 21.08 Personal Devices. Employees may choose to use their own equipment to read or compose email or other City data as governed in this policy. Employees understand that by connecting their personal equipment to the City’s email server, their personal devices could be searched during an e-discovery or other court- ordered scenarios, and agree to grant access to their personal devices should such a situation arise. Section 21.09 Security. Passwords: Employees are responsible for maintaining computer/network passwords and must adhere to these guidelines:  Password requirement will be established according to best industry practice and may be changed as necessary, as determined by the Information Technology Staff.  Employees must change passwords when prompted.  Passwords should not be shared or told to other staff. If it is necessary to access an employee’s computer when he or she is absent, contact your supervisor or the department head; Information Technology Staff will not provide access to staff accounts without approval of the Department Head.  Passwords should not be stored in any location on or near the computer, or stored electronically such as in a cell phone or other mobile device. Network access: Non-City-owned computer equipment used in the City’s building should only use the wireless connection to the Internet. Under no circumstances should any non-City-owned equipment be connected to the City’s computer network via a network cable. Personal computer equipment may not be connected to the City’s network without prior approval of the Information Technology Staff. Personal equipment may be subject to password requirements or other electronic security measures as determined by the Information Technology Staff. Remote Access to the Network: Examples of remote access include, but are not limited to: Outlook Web Access (web mail), virtual private network (VPN), Windows Remote Desktop, and Windows Terminal Server connections. While connected to City computer resources remotely, all aspects of the City’s Computer Use Policy will apply, including the following:  Remote access to the City’s network requires a request from a supervisor and approval from the Information Technology Staff. Remote access privileges may be revoked at any time by an employee’s Department Head.  If remote access is from a non-City-owned computer, updated anti-virus software must be installed and operational on the computer equipment, and all critical operating system updates must be installed prior to connecting to the City network remotely. Failure to comply could result in the termination of remote access privileges.  Recreational use of remote connections to the City’s network is strictly forbidden. An example of this would be a family member utilizing the City’s cellular connection to visit websites.  Private or confidential data should not be transmitted over an unsecured wireless connection. Wireless connections are not secure and could pose a security risk if used to transmit City passwords or private data while connecting to City resources. Wireless connections include those over cellular networks and wireless access points, regardless of the technology used to connect. 123 Page 65 of 150 Section 21.10 Internet. The following considerations apply to all uses of the Internet:  Information found on the Internet and used for City work must be verified to be accurate and factually correct.  Reasonable personal use of the Internet is permitted. Employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races, or religions. If you are unsure whether a site may include inappropriate information, you should not visit it.  If an employee’s use of the Internet is compromising the integrity of the City’s network, Information Technology Staff may temporarily restrict that employee’s access to the Internet. If Information Technology Staff does restrict access, they will notify the employee, HR, and the employee’s manager as soon as possible, and work with the employee and manager to rectify the situation.  The City may monitor or restrict any employee’s use of the Internet without prior notice, as deemed appropriate by the employee’s supervisor in consultation with the City Administrator. Section 21.11 Data Retention. Electronic data should be stored and retained in accordance with the City’s records retention schedule. Storing and Transferring Files: If you are unsure whether an email or other file is a government record for purposes of records retention laws or whether it is considered protected or private, check with your supervisor. If you are unsure how to create an appropriate file structure for saving and storing electronic information, contact the City Clerk. Employees must adhere to these guidelines when transferring and storing electronic files:  All electronic files must be stored on identified network drives and folder locations. The City will not back up documents stored on local computer hard drives, and holds no responsibility for recovery of documents on local computer hard drives should they fail. Files may be temporarily stored on a laptop hard drive when an employee is traveling/offsite; however, the files should be copied to network as soon as possible.  Electronic files, including emails and business-related materials created on an employee’s home or personal computer for City business, must be transferred to and stored in designated locations on the City’s network. City-related files should not be stored on an employee’s personal computer, unless otherwise defined in this policy.  All removable storage media (e.g., CD-ROM, flash or USB drive, or other storage media) must be verified to be virus-free before being connected to City equipment.  Email that constitutes an official record of City business must be kept in accordance with all records retention requirements for the department and should be copied to the network for storage.  Email that is simple correspondence and not an official record of City business should be deleted (from both the “Inbox” and the “Deleted” box) as soon as possible and should not be retained by employees for more than three months. The City will not retain emails longer than one year on the network or in network back-ups.  Electronic files or emails that may be classified as protected or private information should be stored in a location on the City’s network that is properly secured.  Any files considered private or confidential should not be stored anywhere other than the City’s network. If there is a need to take confidential information offsite, it must be stored on encrypted media; Information Technology Staff can assist in the encryption of media. Section 21.12 Electronic Mobile devices (including Cell Phones) 124 Page 66 of 150 Electronic mobile devises are intended for the use of city staff, elected officials and appointed officials in the conduct of their work for the city. Supervisors are responsible for the Electronic mobile devises assigned to their employees and will exercise discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and prudent personal use of such telephones or equipment provided that: • Its use in no way limits the conduct of work of the employee or other employees. • Use of public resources for personal gain and/or private use including, but not limited to, outside employment or political campaign purposes, is prohibited and subject to disciplinary action which may include termination and/or criminal prosecution, depending on the circumstances. Incidental and occasional personal use may be permitted with the consent of the supervisor. • Personal calls and communications will be made or received only when absolutely necessary during work hours. Such calls must not interfere with working operations and are to be completed as quickly as possible. • Use While Operating a Motor Vehicle or Equipment. All employees are expected to follow applicable local, state, and federal laws and regulations regarding the use of cellphones and electronic mobile devises at all times. See City Driving Policy, chapter 20. • In cases where the city does not regard accounting for personal calls to be unreasonable or administratively impractical due to the minimal cost involved, personal calls made by employees on a city-provided cellular phone must be paid for by the employee through reimbursement to the city based on actual cost listed on the city’s phone bill. Section 21.13 Cell Phone Monthly Allowance Election. Employees designated to receive a cell phone may elect to receive a monthly cell phone allowance in lieu of a City-owned cell phone. 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. The cell phone allowance amount is set by the city council. Employees receiving an allowance, in lieu of a City-owned cell phone are responsible for the following: • Procuring and maintaining cellular service from a reliable carrier who provides phone numbers in the local calling area of Orono. • Providing documentation in a manner prescribed by the Finance Director to activate and maintain monthly allowance payments. • Notifying the City within five (5) business days of the cellular service being disconnected or phone number being changed. • Limiting personal calls, incoming and outgoing, during work hours so as not to interfere with City business or the performance of the employee’s job. • Replacement or repair of the phone. No allowance will be paid when an employee is in a leave status exceeding forty-five (45) days, unless approved by the City. Administrator. No allowance will be paid when an employee is in an unpaid leave status. Regardless of who pays the bill, cell phone records about city business are subject to the Minnesota Government Data Practices Act. What this means is that if a request were received, the city would be under the obligation to determine what information is public data and what information is private data and would need access to the employee’s phone records and possibly the phone itself in order to provide the data that is being requested. Therefore, the best practice is to limit usage of personal cell phones for city business to that which is truly necessary or be prepared to produce your cell phone and the associated records if needed. Section 21.14 Procedures 125 Page 67 of 150 It is the objective of the city of Orono to prevent and correct any abuse or misuse of the city network, computers, mobile electronic devices and cellular telephones through the application of this policy. Employees who abuse or misuse may be subject to disciplinary action. Section 21.15 Responsibility The city administrator, or designee, will have primary responsibility for implementation and coordination of this policy. All supervisors will be responsible for enforcement within their departments. 126 Page 68 of 150 Article 22. 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. Section 22.01 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. Section 22.02 Safety Equipment/Gear Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of employment that such equipment be worn by the employee. The City will provide all required personal protective equipment (PPE) gear with the exception of steel toe boots for which the city will provide an allowance. Employees are responsible for maintaining their issued PPE in a serviceable manner and reporting any deficiencies to their supervisors for repair or replacement. Eligible employees shall receive an annual allowance as established by agreement and/or resolution for the purchase of steel toe boots. Section 22.03 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. Section 22.04 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 affirmed 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. Under no circumstances may employees be required to use sex‐segregated facilities that are inconsistent with their gender identity. 127 Page 69 of 150 Article 23. EMPLOYEE RECOGNITION Pursuant to Minn. Stat. § 15.46, Tthe City recognizes that a formal employee recognition and preventative health program is an important component of the City’s benefit package and helps attract and retain quality employees. The City takes great satisfaction in the accomplishments and wellbeing of its employees and extends recognition in the following ways: Section 23.01 Service Recognition The purpose of the employee recognition program is to acknowledge employees who have contributed years of service to the City of Orono and its citizens and recognize them with a token of appreciation for their dedication and commitment. Employee service recognition shall be based on an individual’s length of service with the City of Orono. Length of service shall be based on consecutive years of service as an employee in a regular full-time or regular part-time position. Section 23.02 Service Awards and Events Employee service recognition awards, provided by the City, will be presented to employees as follows: • 5 years: Plaque of Appreciation • 10 years: Engraved bar will be added to plaque • 15 years: Engraved bar will be added to plaque • 20 years: Watch (Or Similar) Engraved bar will be added to plaque • 25 years: Engraved bar will be added every five years after 25 years The awards for years of service will be presented by the City Administrator or designee, with assistance from the recipient’s supervisor at an annual employee recognition event held during normal business hours. Employee recognition events shall include an annual luncheon or picnic, retirement, resignation with 5 or more years of service, and new employees events. 1. Annual Luncheon Employee Recognition Events. All regular full-time and part-time employees will be invited to attend the City’s employee luncheon or picnic held during normal business hours to thank them for their work throughout the year. All regular full-time and part-time employees will be invited to attend the City’s holiday annual luncheon, summer picnic and wellness fair held during normal business hours to thank them for their work throughout the year and to promote a healthy workplace. A staff committee and Human Resources will organize the events. 2. Retirement. The following will occur upon announcement of a retirement from City service: • Administration staff will organize a reception, including ordering a cake • The Department is responsible for organizing a collection towards a gift for the retiree. • A photo and article will be placed in the city newsletter and/or local newspaper. • The Department will draft a resolution of appreciation for a City Council meeting. • The Retiree will be advised of the recognition plans and may elect not to be recognized in any of the forms listed 3. Resignation. The following will occur upon the announcement of the resignation of an employee with five or more years of service: • The Department will be responsible for organizing a reception or collection towards a gift for the resigning person. 128 Page 70 of 150 • When the resigning staff member has less than 5 years of service, the Department will be responsible for organizing any form of recognition. 4. New Employees. The following will occur upon the announcement of a new full-time employee: • Administration staff will organize a reception, including breakfast 5. Major Life Events. The City’s Human Resource staff, on behalf of all City Employees, will purchase flowers and card, for all city employee’s signature in the following situations: • Death of an employee or their family member • Birth and/or adoption of a new family member 129 Page 71 of 150 Appendix A. Performance Evaluation Process and Forms 130 Page 72 of 150 City of Orono Performance Evaluations 1. Purpose: The purpose of the performance review process is to provide a record of the employee’s job performance, to encourage professional growth, and to provide an opportunity for open dialogue between employees and their supervisors. Evaluations should consider, but are not limited to, representative job duties, quality of work, interpersonal skills, previously set goals and future expectations. 2. Performance Appraisal Process. The City of Orono performance appraisal process on an annual basis. The key portions of the process include the establishment of goals, periodic check-ins and a formal evaluation. The table below outlines the goal setting and evaluation process. 3. Key Events and Timeline. Event Description When Goals Established Goals for the rating period are established at the close of the previous rating period. For new hires, goals should be established between the supervisor and employee within the first 6 weeks of employment. Previous rating period, first six weeks for a new hire Ongoing Check in Check-ins are regular discussions that happen throughout the year to: • Check in on progress toward goals, • Stay aligned on current projects, • Discuss what is going well and what could be better, and • Agree on next steps. Mid-year reviews are required for all new hires and department directors. Ideally quarterly Minimum of every 6 months after a new hire, NLT July 31st for Department Directors Annual Review – Employee Input The employee input portion is completed by the employee and then provided to the supervisor for review and preparation of the supervisor’s assessment. The employee should review the last evaluation form that was prepared to determine if he or she has achieved the listed goals. Thereafter, the employee should prepare a list of key results and accomplishments for the period. January 1-15 131 Page 73 of 150 Annual Review- Supervisor Prior to meeting, the supervisor should review the last evaluation form that was prepared to determine if goals were met and whether the items listed in “Areas of Improvement” January 15-31 132 Page 74 of 150 Assessment have been addressed. The supervisor should then prepare responses for discussion with the As of December 2021 employee during the current evaluation process. When completing the form, the supervisor should use specific examples of conduct to formulate comments. Evaluation Goal Setting Meeting The supervisor and employee will meet to discuss the current evaluation and set goals for the coming rating period. They should meet in an atmosphere that is both private and free of interruptions, and the supervisor should take particular care to make the meeting a priority. There should be an open and honest exchange where each is permitted to state his or her opinion regarding the answer to any section. January 15-31 Department Director Review After the meeting, the supervisor will finalize the evaluation form including any additional comments. If an employee disagrees with a particular answer, he or she may note the disagreement on the form or by attaching a separate document. When the form has been completed, it will be signed by the employee, the supervisor, and the department director. The supervisor will provide the original copy to the City Management Assistant, will keep a copy in his or her files, and will provide a copy to the employee. NLT 31 January 4. Responsibilities: A. City Administrator. The City Administrator is responsible for establishing the performance evaluation policy and process. B. Department Director. Department heads are responsible for ensuring the evaluation process is completed within their departments on time and to standard. Department Heads will review all evaluation within their departments to ensure they are complete, consistent, and fair. C. Supervisor. Supervisors are responsible to coordinating the completion of the evaluation and goal setting process with their subordinate employees and ensure the process is documented and recorded in the employee’s personnel files. Supervisors are responsible for ensuring all of their employees receive a fair and objective evaluation. Supervisors are responsible for scheduling and leading ongoing check-ins with their subordinates. D. Employee. Employees are responsible for preparing the self-evaluation portions of the evaluation process and working with their supervisors to establish goals. E. Management Assistant. The Management Assistant shall ensure personnel files are kept up to date and performance evaluations are filed appropriately. The 133 Page 75 of 150 Management Assistant shall assist the City Administrator in tracking completions of annual and semiannual performance evaluations. 5. Process Step Descriptions and Tips. The following are excerpts from the U of M Leadership and Talent Development Program. They expand on the description provided in section three and are meant to be an aide to supervisor in ensuring a meaningful performance appraisal process. A. Goal Setting. Goals are the most important way to set expectations for an employee. They should include both and key behaviors and expectations needed for achieving the desired key results to accomplish goals throughout the rating period. Well- designed goals guide an employee’s priorities and efforts and set the agenda for the year. Setting meaningful goals is one of the most powerful ways that you can motivate employees, focus their contributions, and help them improve their performance. Clear and relevant goals are the foundation for effective coaching and feedback as well as for performance evaluations. B. Ongoing Check-ins. Check-ins are regular discussions that happen throughout the year to check in on progress toward goals, stay aligned on current projects, discuss what is going well and what could be better, and agree on next steps. Ongoing check-ins promote progress toward goals by providing opportunities for feedback and support. Having regular meaningful conversations is key to on-the- job learning which is the single most important way people improve and grow at work. The ideal frequency of check-in discussions depends upon the work, the person, and any department practices. For most roles, ongoing check-in conversations around goals should happen at least quarterly, and they can be as short as 15 minutes. The following are recommended are the steps for a check in: (1) Discuss Roles and Responsibilities for Check-Ins. Discuss expectations for what you, the supervisor, and your direct report are each responsible for. A good time to do this is at the beginning of the performance cycle, once the annual goals are set and revisit as needed. If one or both of you are not taking ownership for your role in check-ins, this is an important place to start your next check-in conversation. (2) Review and Update Goals. Ongoing check-ins by design are centered on goals. (3) Evaluate Current Progress And Provide Comments To Support Performance And Development. Discuss and evaluate progress toward goals; this does not need to be a formal assessment. Provide feedback about the goals based on your observations, feedback from others, and the updates that the employee has shared. (4) Determine Next Steps. Determine What do they need to support them in this work (additional information, resources, skills, training, opportunities to practice, etc.)? 134 Page 76 of 150 Discuss Agree on next steps for the work, for the person’s development, and for your future check-ins: • What are the person’s next steps and when will these next steps be taken? • What are your next steps as their supervisor and when will you take them? This can be a simple conversation or a more detailed, formal process. Consider what makes the most sense for the work, for the individual, and what practices and expectations exist within your organization. Document Take a note of this information as reference for future check-ins, especially since it will help inform the formal evaluation at the end of the year: updated goals, summary of progress and next steps. C. Performance Evaluation. Performance evaluation includes measuring effectiveness in meeting expectations for achieving results as well as how those results are achieved (i.e., behaviors). Effective performance evaluation does not happen only at the end of a year but through ongoing check-ins throughout the year. Formal evaluation is the final step in the performance management process and includes writing and delivering a performance evaluation. Ideally, a formal evaluation is a summary of what has already been discussed throughout the year. Steps: (1) Get the Employee input on their results and impact. Have employees summarize their key results and accomplishments for the year. These descriptions should include: a) the situations they faced, b) the actions they took, c) the results they achieved, and d) the impact of those results. Avoid asking employees to self-rate. Instead, focus employee input on accomplishments and impact. This increases communication and understanding, decreases disconnects between the manager’s view and the employee’s view, and increases employee ownership and acceptance of the process. Accomplishments and impact can be included in part of the review, and can be helpful in making pay or promotion decisions. (2) Get Input From Others. Ask for input from an employee’s peers, direct reports, and important partners in other departments or units. This type of input is often seen as especially credible and helpful for employees, and done as a simple conversation or through a more formal feedback process (3) Evaluate The Results The Employee Achieved. Identify the employee’s most important accomplishments of the past year. Determine the impact those accomplishments had on the department or city and the contribution they made to important goals and priorities. Include context, accomplishment and impact in your descriptions. Use relevant, accurate metrics (if available) to inform your evaluation of the employee’s impact and contributions. (4) Evaluate How They Achieved Results. Identify how the person was expected to achieve results. Including behaviors in the evaluation process is 135 Page 77 of 150 an important way of differentiating between employees who are performing more or less effectively than others. Ask yourself: • Did they meet the behavioral expectations on a consistent basis? • Did they consistently exceed these expectations? • Did they perform below expectations much of the time? (5) Write The Performance Review. Take the time to be thoughtful and specific with the narrative potions of the evaluation, as the narrative will be the most useful portion of the review for the employee. Narratives provide important feedback that helps the employee understand how they are performing relative to the expectations for their role. (6) Discuss The Review With The Employee. This is the most important part of the process. Key point: Context If you had formal or informal ongoing check-ins throughout the year, summarize these discussions in the annual review conversation to provide context. Narrative & Rating Discuss the narrative, the performance rating, and the rationale for the rating the person received. Discuss both the results the person achieved as well as how they achieved those results (i.e., behaviors). Input Ask the employee to share their thoughts and opinions on each portion of the review. Show Empathy If anything surprises the employee (particularly anything negative), consider whether this is the first time they are hearing it. If it is, then let them know that you are aware that this is new information to them and give them time to consider what they have heard. Give time Before and during review discussion: Provide employees with a written review prior to your discussion so that they a chance to familiarize and reflect. If they react defensively expect that they will need time before they can have a productive conversation about how to address the information. If the employee is receiving regular feedback and coaching throughout the year, nothing in an annual review should be a surprise. (7) Set Goals and Developmental Activities for the upcoming year. Goals. If you aren’t already doing so, consider setting broad annual goals for next year and then using ongoing flexible goalsetting for specific shorter-term goals. Keep the broad goals specific, important and measurable. The review session is often a good time to begin creating a development plan. Focus on the specific behaviors and skills that will help the person be successful in achieving the goals ahead. Forms a. New Employee Initial Counseling b. Ongoing Check in Record. 136 Page 78 of 150 c. Annual Review – Employee Input d. Annual Performance Review Example Forms a. New Employee Initial Counseling b. Ongoing Check in Record. c. Annual Review – Employee Input d. Annual Performance Review 137 Page 79 of 150 New Employee Initial Counseling: Used for new employees of existing employees taking on a new role. Employee Name Position Evaluation Period Evaluator to Job Title and Summary Description: from Job Description used in hiring Key Onboarding Requirements: Identify those key onboarding items the employee must accomplish to meet the requirements of the position and be successful. Item Due by: GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. 138 Page 80 of 150 DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. Discussion Date: Supervisor: Signature: Employee: Signature: Department Director Reviewed: Date: Signature: 139 Page 81 of 150 Ongoing Check In: (Mid-year required for probationary employees, those on performance review plans and department heads.) Employee Name, Title Evaluation Period Evaluator, Title Department GOALS: Copy and paste the goals set at the beginning of the rating period here. DEVELOPMENT/ TRAINING GOALS: Copy and paste the goals set at the beginning of the rating period here. Employee Input: Provide some bullet point updates on progress toward goals and assistance/ direction you need from your supervisor. Supervisors Feedback: Provide feedback on progress to date on goal achievement and guidance on the way forward. 140 Page 82 of 150 Area(s) for Improvement: Identify any areas requiring improvement and a plan to achieve that improvement. Discussion Date: Employee Signature: Supervisor Signature: 141 Page 83 of 150 ANNUAL REVIEW – EMPLOYEE INPUT Employee Name Position Evaluation Period Evaluator GOALS: Copy and paste the goals set at the beginning of the rating period here. DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. KEY ACCOMPLISHMENTS: List three things you accomplished or felt were successes this past rating period. Group by areas of responsibility and tie to goals set at the beginning of the rating period. Growth Areas: List any challenges you overcame and what would you would like to have done better during the past rating period and how you plan to improve those things in the next rating period. (minimum one) 142 Page 84 of 150 PROFESSIONAL DEVELOPMENT/ TRAINING: List your training/professional development achievements for the past year. ORGANIZATIONAL FEEDBACK: I know what is expected of me at work? I understand the mission and goals of my Department / City? Yes No Example: I have the support, materials and equipment I need to for my job well? (Clear direction, access to my supervisor, tool/equipment and training) Yes No Example: Do I receive enough / relevant feedback at work? Yes No Example: 143 Page 85 of 150 ANNUAL PERFORMANCE EVALUATION Employee Name Position Evaluation Period Evaluator From: To: “X” Appropriate Box. Comments required for “Exceeds Expectations” and “Needs Improvement”. Please explain why in comments/examples and what actions are to be taken. Exceeds Expectations: Performance is exceptional and usually exceeds job requirements. Meets Expectations: Meets all job Requirements. Needs Improvement: Performance is below standards and requirements of the job. 1. Values: Displays the Values of Honesty, Integrity, Service, Collaboration, and Excellence 2. Punctuality and Attendance: Works required hours, and arrives punctually to work and scheduled meetings. 3. Accountability: Accepts responsibility for actions and/or accomplishments. 4. Job Knowledge: Possesses and applies the necessary knowledge and mechanical skills for the position. 5. Professional Development: Participates in training programs, takes advantage of educational opportunities, reads professional publications to stay current on new developments and methods related to position. 6. Time Management: Organizes work to use time effectively and efficiently. Works effectively under heavy workload and meets agreed-upon stated deadlines. 7. Initiative: Willing to accept new and/or additional responsibilities. Completes tasks with little supervision, Suggests improvements to existing procedures. 8. Decision Making: Demonstrates effective decision-making skills. Regularly exercises sound judgement. Thinks quickly and logically. Demonstrates ability to evaluate problems and situations calmly and identify problem areas which need to be addressed. 9. Quality: Follows directions and asks questions as necessary to meet desired results. Work accurate and thorough. Suggests ways to improve quality. Checks work to ensure good quality? 10. Safety: Follows safety rules and demonstrates safe work practices. Provide comment on any accidents, equipment damage incurred over the past rating period. 11. Communication: Demonstrates effective oral communication skills and conveys information in a clear and concise manner. Demonstrates effective written communication skills and conveys ideas and information in written format. 12. Cooperation: Cooperates with peers and immediate supervisor to accomplish work effectively and efficiently; helps create and maintain good working relationships, and provides effective assistance. 13. Customer Service: When dealing with residents, customers, or the general public is courteous, polite, patient, positive and helpful. Listens, displays empathy and responds in a timely manner. Keeps customers informed 14. Leads: Creates a positive work environment focusing on teamwork, mutual respect and trust. Gains commitments from organization members by setting the example, effective communication, and maintaining discipline. Creates a culture which fosters individual motivation. Ensures teams is properly trained and performs task in a safe manner. 144 Page 86 of 150 15. Plans: Sets goals and objectives, consistent with city/department goals, and develops plans to achieve the desired goals. Schedules work activities effectively, arranges workload to resources available to get desired result, allows flexibility in planning to accommodate changing needs by adopting alternate plans, and copes well with unexpected occurrences through proper planning. 16. Resource Management: Develops /assists in developing the organization budget covering all functions and monitor expenditures to ensure compliance with the budget. Ensures the care maintenance of organization equipment, facilities and supplies. 17. Achieves: Plans and coordinates both internal and external activities and resources to ensure successful completion of the organizations mission and goals. Examples: OVERALL ANNUAL ASSESSMENT: Provide an overall assessment of the employee’s performance during the last review period. Group by areas of responsibility. For supervisors include assessment of management and leadership. 145 Page 87 of 150 Annual Review: Overall performance related to position requirements. Outstanding Performance is distinguished in all aspects of the position. Exceeds Expectations Performance is exceptional in the major aspects of the position. Meets Expectations A fully competent, highly valued performer. Needs Improvement Performance is below the standards and requirements of the position. Not Effective Performance is well below standard and is unacceptable. GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. 146 Page 88 of 150 DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. Discussion Date: Supervisor: Signature: Employee: Signature: Department Director Review: Date: Signature: 147 Page 89 of 150 New Employee Initial Counseling: Used for new employees of existing employees taking on a new role. Employee Name Position John Doe Parks Maintenance Worker Evaluation Period Evaluator 1 Jan 20 to 30 Jun 21 Jane Smith, Parks Superintendent Job Title and Summary Description: from Job Description used in hiring Parks Maintenance Worker This position performs a wide range of tasks to maintain the city parks, trails, natural/open space, grounds, playground equipment, and lake access points. This position will require the use of a variety of equipment and tools. Occasional help may be required for public works and the golf course. Key Onboarding Requirements: Identify those key onboarding items the employee must accomplish to meet the requirements of the position and be successful. Item Due by: Administrative enrolment (payroll, benefits, IT) 15 Jan 20 PPE Issue 20 Jan 20 Equipment certification on Chainsaw, Skid steer and Mowers 15 Mar 20 Complete State Certification for Pesticide application 15 April 20 Complete all annual Safety Training 15 April 20 GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. Successfully complete your probationary period by: Familiarization- visit each park in the system to become familiar with their layout maintenance needs and location. Complete one round of inspections on Playground Equipment. Successfully operator equipment for snow and ice operations on city trails, sidewalks and parking lots. Successfully complete irrigation stat up procedures this spring. Complete / assist coordinating preventive maintenance activities for parks and Golf Course equipment. Use a continuation sheet if necessary 148 Page 90 of 150 DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. Enroll and complete the pesticide course Enroll in and complete the Shade Tree courses. Discussion Date: Supervisor: Signature: Employee: Signature: Department Director Reviewed: Date: Signature: 149 Page 91 of 150 Ongoing Check In: (Mid-year required for probationary employees, those on performance review plans and department heads.) Employee Name, Title Evaluation Period John Doe PW Streets Supervisor January 1st, 2020 June 30th, 2020 Evaluator, Title Department Jane Smith, Public Works Superintendent Public Works GOALS: Copy and paste the goals set at the beginning of the rating period here. Identify any goal adjustments. Roads: Continue to improve our pothole patching quality. Get our preventive bridge maintenance done. Continue the work on the targeted street sweeping plan. Focus efforts on reducing the amount of salt we use on our streets. Stormwater: In 2020 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified are completed. Equipment: Continue to work equipment into our asset/ work management system. Lead the implementation of a preventive (proactive) maintenance system for 2020. DEVELOPMENT/ TRAINING GOALS: Copy and paste the goals set at the beginning of the rating period here. Complete 40 hours of professional development training and recertification’s. Sanitary sewer recert; Shade Tree recert, APWA Winter conference continuing education; Cartegraph administrator certification. Employee Input: Provide some bullet point updates on progress toward goals and assistance/ direction you need from your supervisor. Roads: Salt usage in the start of this year is down 20% from previous 2 years. I’ve instituted a new sweeping program with the spring sweeping completed successfully. Stormwater: I’ve completed the remaining MS4 inspection that had not been completed in 2019. I’ve noted one key improvement for 2020 and am working to ensure we have sufficient funding. This spring we did not have ant spring thaw flooding situations due to proactive maintenance of the system. Equipment: The overall equipment readiness continues to improve with down time reduced form the same time last year. We completed new equipment training for the new Toolcat prior to its use for winter trial maintenance. Leadership and Management: We’ve successfully on boarded two new employees. So far to date we are under budget on the budget lines I’m responsible for. We had no reportable accidents in the first 6 months of the year. Training- I completed my shade tree recert via online training. Slightly behind on the Cartegraph training. Other training is scheduled. Use a continuation sheet if necessary Supervisors Feedback: Provide feedback on progress to date on goal achievement and guidance on the way forward. 150 Page 92 of 150 - Communication: So far, you’ve done a good job integrating and developing positive relationships with your fellow supervisors and support staff through regular, respectful positive communication- Sustain. - Key areas of focus going into the second half of 2021: o Preparation for winter with a focus on reducing salt usage. o Ensuring all of the preventive maintenance tasks and inspections are completed on time. - Management of Staff: Good work managing of your staff and coordinating the staff that do not directly report to you. With all of the challenges of the last 6 months you’ve ensured the city’s customer service has not suffered. Use a continuation sheet if necessary Area(s) for Improvement: Identify any areas requiring improvement and a plan to achieve that improvement. - Presentation skills- Not an issue but an area that you could go from good to excellent. Example- slide decks in the last meeting were very busy with lots of small text. Discussion Date: July 15th, 2020 Employee Signature: Signature Supervisor Signature: Signature 151 Page 93 of 150 ANNUAL REVIEW – EMPLOYEE INPUT Employee Name Position John Doe PW Streets Supervisor Evaluation Period Evaluator January 1st, 2020 June 30th, 2020 Jane Smith, Public Works Superintendent GOALS: Copy and paste the goals set at the beginning of the rating period here. Roads: Continue to improve our pothole patching quality. Get our preventive bridge maintenance done. Continue the work on the targeted street sweeping plan. Focus efforts on reducing the amount of salt we use on our streets. Stormwater: In 2020 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified are completed. Equipment: Continue to work equipment into our asset/ work management system. Lead the implementation of a preventive (proactive) maintenance system for 2020. Use a continuation sheet if necessary DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. - Recertify shade tree certification. - Complete defensive drivers training - Attend fall APWA conference to complete continuing education requirements. KEY ACCOMPLISHMENTS: List three things you accomplished or felt were successes this past rating period. Group by areas of responsibility and tie to goals set at the beginning of the rating period. Roads: Salt usage in the start of this year is down 20% form previous 2 years. I’ve instituted a new sweeping program with this year’s sweeping completed successfully. Stormwater: I’ve completed the remaining MS4 inspection that had not been completed in 2019 as well as all of those due in 2020. This spring we did not have any spring thaw flooding situations due to proactive maintenance of the system. Managed the successful completion of 73 Stormwater maintenance tasks in 2020. Equipment: The overall equipment readiness continues to improve with down time reduced form the same time last year. We completed new equipment training for the new Toolcat prior to its use for winter trial maintenance. Leadership and Management: We’ve successfully on-boarded two new employees. The department finished the year under budget on the budget lines I’m responsible for. We had no reportable accidents this year. Use a continuation sheet if necessary Growth Areas: List any challenges you overcame and what would you would like to have done better during the past rating period and how you plan to improve those things in the next rating period. (minimum one) 152 Page 94 of 150 Equipment Preventive Maintenance- we had several unexpected major equipment maintenance items this year that may have been caught earlier have the operators done better preventative. While better than previous years there is still room for improvement. Plan to improve. Will look to develop a preventive maintenance schedule for operators that will then be spot checked by the new Mechanic. PROFESSIONAL DEVELOPMENT/ TRAINING: List your training/professional development achievements for the past year. Achievement 1. I completed my shade tree recert via online training. Achievement 2. Achieved all of my needed continuing education credits. ORGANIZATIONAL FEEDBACK: I know what is expected of me at work? I understand the mission and goals of my Department / City? X Yes No Example: I’ve been here for over 5 years and feel comfortable in my position and where I add value to the city. I have the support, materials and equipment I need to for my job well? (Clear direction, access to my supervisor, tool/equipment and training) X Yes No Example: I have what I need. I do believe the city should look at a new system for doing XXXX which should improve efficiency. Do I receive enough / relevant feedback at work? Yes X No Example: I seem to only get feedback at the end of the rating period. I would appreciate more frequent check ins with my supervisor. 153 Page 95 of 150 t ANNUAL PERFORMANCE EVALUATION Employee Name Position John Doe PW Streets Supervisor Evaluation Period Evaluator From: January 1st, 2020 To: June 30th, 2020 Jane Smith, Public Works Superintendent “X” Appropriate Box. Comments required for “Exceeds Expectations” and “Needs Improvement”. Please explain why in comments/examples and what actions are to be taken. Exceeds Expectations: Performance is exceptional and usually exceeds job requirements. Meets Expectations: Meets all job Requirements. Needs Improvement: Performance is below standards and requirements of the job. 1. Values: Displays the Values of Honesty, Integrity, Service, Collaboration, and Excellence X 2. Punctuality and Attendance: Works required hours, and arrives punctually to work and scheduled meetings. X 3. Accountability: Accepts responsibility for actions and/or accomplishments. X 4. Job Knowledge: Possesses and applies the necessary knowledge and mechanical skills for the position. x 5. Professional Development: Participates in training programs, takes advantage of educational opportunities, reads professional publications to stay current on new developments and methods related to position. x 6. Time Management: Organizes work to use time effectively and efficiently. Works effectively under heavy workload and meets agreed-upon stated deadlines. x 7. Initiative: Willing to accept new and/or additional responsibilities. Completes tasks with little supervision, Suggests improvements to existing procedures. x 8. Decision Making: Demonstrates effective decision-making skills. Regularly exercises sound judgement. Thinks quickly and logically. Demonstrates ability to evaluate problems and situations calmly and identify problem areas which x need to be addressed A solid performance should be 9. Quality: Follows directions and asks accurate and thorough. Suggests ways to I questions as necessary to meet desired results. Work characterized by predominately Meets improve quality. Checks work to ensure good quality? x 10. Safety: Follows safety rules and de accidents, equipment damage incurred on Expectations with 1-2 Exceed Expectations demonstrates safe work practices. Provide comment on and maybe 1-2 Needs Improvements er the ast rating period. ny x 11. Communication: Demonstrates a clear and concise manner. Demonstrate information in written format. effective oral communication skills and conveys nform effective written communication skills and conveys idAn exceptional employee should have predominantly Meets expectations with 3-4 tion in as and x 12. Cooperation: Cooperates with p and efficiently; helps create and maintain g ers and immediate supervisor to accomplish work effeExceeds Expectations. ood working relationships, and provides effective assis tively ance. x 13. Customer Service: When dealing with residents, customers, or the general public is courteous, polite, patient, positive and helpful. Listens, displays empathy and responds in a timely x 154 Page 96 of 150 14. Leads: Creates a positive work environment focusing on teamwork, mutual respect and trust. Gains commitments from organization members by setting the example, effective communication, and maintaining discipline. Creates a culture which fosters individual motivation. Ensures teams is properly trained and performs task in a safe manner. x 15. Plans: Sets goals and objectives, consistent with city/department goals, and develops plans to achieve the desired goals. Schedules work activities effectively, arranges workload to resources available to get desired result, allows flexibility in planning to accommodate changing needs by adopting alternate plans, and copes well with unexpected occurrences through proper planning. x 16. Resource Management: Develops /assists in developing the organization budget covering all functions and monitor expenditures to ensure compliance with the budget. Ensures the care maintenance of organization equipment, facilities and supplies. x 17. Achieves: Plans and coordinates both internal and external activities and resources to ensure successful completion of the organizations mission and goals. x Examples: E: Job Knowledge: John took over the project management in construction inspection role for this year’s stormwater improvement project resulting in a smoothly run project that finished ahead of schedule and on budget. E: Communication. John makes the effort to communicate and coordinate across departments and within the crew. His strength is oral communication. He routinely works with residents to resolve issues and complaints. Examples include resolving snow plow damage complaints and processing road maintenance requests. N: Achieves: The 2019 Personnel Evaluation process was not completed in a timely manner. As of JuneJune, none of his had been counseled on their previous year’s performance nor did goals get set for the upcoming year. OVERALL ANNUAL ASSESSMENT: Provide an overall assessment of the employee’s performance during the last review period. Group by areas of responsibility. For supervisors include assessment of management and leadership. -Roads: Successfully implemented the maintenance stripping program and maximized the amount of crack sealing we got done with our limited resources. Successfully coordinated contracted patches for a worst pavement section. -Stormwater: Successfully took over the project management of the stormwater improvement project. Nearly completed the storm water inspection plan for 2020. Several storm water maintenance items remain on the list and overdue. -Equipment: John has made great strides in improving maintenance readiness. He championed the procurement of key pieces of equipment such as the tool cat, ROW mower and the brine distributer. - Management. OverallOverall, John exceeded expectations when it came to managing his department’s roles and responsibilities. He accomplished the vast majority of his missions on time and within budget. He went out of his way to coordinate activities with staff and outside agencies. - Leadership. OverallOverall, John met expectations when it came to leading his department and subordinates. John always goes the extra mile to represent the interests of the public work team and ensure the administrative needs of his subordinates are addressed. I believe John has excellent potential to be a leader at higher organizational levels with greater responsibility. Use a continuation sheet if necessary Annual Review: Overall performance related to position requirements. x 155 Page 97 of 150 Outstanding Performance is distinguished in all aspects of the position. Exceeds Expectations Performance is exceptional in the major aspects of the position. Meets Expectations A fully competent, highly valued performer. Needs Improvement Performance is below the standards and requirements of the position. Not Effective Performance is well below standard and is unacceptable. GOAL SETTING: Set Goals for the upcoming rating period grouped by areas of responsibility. Roads: Continue to improve our pothole patching quality. Get our preventive bridge maintenance done. Continue the work on the targeted street sweeping plan with emphasis on tracking MS4 requirements. Focus efforts on reducing the amount of salt we use on our streets. Stormwater: In 2021 focus on ensuring the numerous storm water maintenance tasks that have been identified and will be identified are completed. Continue to refine the MS4 Equipment: Continue to work equipment into our asset/ work management system. Lead the implementation of a preventive (proactive) maintenance system for 2021. Use a continuation sheet if necessary DEVELOPMENT/ TRAINING GOALS: Indicate specific training or development goals for the upcoming rating period. - Compete Commercial Driver relicensing - Begin APWA Public Works Supervisor certification course with goal of completing in 2 years. Discussion Date: 21 Jan 21 Supervisor: Jane Smith Signature: Signature Employee: John Doe Signature: Signature Department Director Reviewed: Date: 22 Jan 21 Signature: Signature 156 Page 98 of 150 Appendix B. Tuition Reimbursement Policy and Forms 157 Page 99 of 150 Tuition Reimbursement Policy Purpose. The purpose of this plan is to provide guidance in the administration and participation of the tuition reimbursement program for City of Orono Staff members. Definitions:  Tuition Reimbursement Form – The document completed by an employee requesting tuition reimbursement as approved by the City Administrator.  Tuition Cost – The amount of money charged by an institution for participation in class(es) including all fees, service charges, textbooks and other expenses.  Educational Planning Statement – A statement of the employee’s educational goals, how those goals will benefit the City of Orono in fulfilling its mission, the courses the employee is going to take to achieve those goals, the approximate tuition cost the for which the employee is seeking reimbursement and the time frame the officer intends to use to complete the educational goals.  Reimbursable Amount – The amount of tuition cost that will be reimbursed to an employee. May include all or only a portion of the tuition cost based on available funds and must be approved by the City Administrator. Procedure. All tuition reimbursement will be incumbent upon the amount of money available to the City of Orono at the time application is made. Monies for reimbursement can come from a combination of several sources such as private donations, grants and available training money.  The employee will be responsible for filling out the Tuition Reimbursement Application Form, completing an Educational Planning Statement and turning it in to their Department Head. After review, the Department Head shall forward the application and statement to the City Administrator with a written recommendation. The Department Head shall forward this information to the City Administrator no later than seven days after receipt. Improper or inadequate applications and/or statements shall be returned to the employee.  Upon receipt of the Tuition Reimbursement Application Form and the Educational Planning Statement, the City Administrator shall approve or disapprove the application on a case-by-case basis based upon whether or not the employee’s request is consistent with the mission and goals of the City of Orono and whether or not there are adequate funds available to meet the employee’s reimbursement request. The City Administrator shall notify the employee on the outcome. 158 Page 100 of 150  The employee shall be responsible for providing the Department Head with evidence of satisfactory completion of approved class(es) within 30 days of receipt of grades showing course completion. For our purposes, satisfactory completion of the course means at least a grade of “C” or a “Satisfactory/Pass” and at least a 2.0 GPA. Any grade less than a “C”, “Satisfactory/Pass” or lower GPA then a 2.0 shall result in no tuition cost reimbursement for the employee. If the class is not completed, or no grade obtained, the City would not pay. The maximum reimbursement per course will be based on an average course cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the city if they voluntarily leave employment within twelve months of receiving tuition reimbursement from the city.  It shall be the employee’s responsibility to provide the Department Head with the necessary receipts for class(es), service charges, textbooks and other fees contained within the tuition cost as approved by the City Administrator. Eligibility.  Non-probationary, full-time employees in good standing shall be eligible for this program.  An employee who leaves the employ of the City of Orono or is no longer an employee in good standing will no longer be eligible for reimbursement.  Employees are also ineligible if they are receiving educational subsidies in the form of grants, scholarships or other tuition reimbursement.  An employee who does not remain an active employee of the City of Orono for a period of at least twelve months after successful completion of the course must agree in writing prior to approval by the City Administrator to repay the tuition cost to the provider(s) within one calendar year of separation from employ. This includes resignation, retirement or termination for cause. Limitations. Courses and coursework taken for credit at an approved educational institution must meet the following criteria to be approved for reimbursement:  Employees approved for the program will be responsible for ensuring their class schedule does not conflict with their work schedule. Flexible scheduling to obtain this goal is acceptable, but flexible scheduling must have advance approval from their Department Head.  Employees in the program will not be allowed reimbursement for mileage, lodging, travel time, airfare or other expenses unless pre-approved by the City Administrator.  Courses must be directly related to the employee’s present position. 159 Page 101 of 150  Educational goals must be aimed at completion of a certificate, undergraduate or graduate program.  Courses must be directly related to a reasonable promotional opportunity in the same field of work as present position. 160 Page 102 of 150 Appendix C. Website Policy 161 Page 103 of 150 Website Policy Purpose: The website is provided as an additional communication tool between the City and the public it serves for the purpose of sharing public information related to the City’s local governmental activities, programs and services, and other public entities. All information on the City’s site will be provided in the most positive, professional, user- friendly manner possible. Participation: Designated City employees may have access and the ability to post information on the City website. The Webmaster oversees all changes and updates to the website. The Webmaster and the City Administrator have the final decision on what content is appropriate to publish on the City website. Departments are expected to actively participate in maintenance of the website, and must check their information on a periodic basis to ensure that information is current and fresh. The City website may not contain any message boards and prohibits the creation of blogs. Creation of other Web Content: City employees cannot create separate web pages or website for communicating City business without the approval of the Webmaster and City Administrator. Employees cannot create social websites for communicating City business orinformationor information such as Facebook or Myspace without the approval of the Webmaster and the City Administrator. If an employee receives permission, the social page must serve a specific City purpose or need. The employee is also held responsible to adhere to the Data Practices Act. External Links: Links to other community or government information websites may be provided within the City’s website under the following criteria: The information in the linking site is useful and informative to the entire Orono community rather than special interest groups. • The information is presented from a neutral viewpoint. • Typical organizations which may be appropriate for linking include: • Ad hoc committees appointed by the City Council; • Quasi-government entities, such as watershed and park districts that includeOronoinclude Orono; • Other government entities; • Public education institutions; • Public utilities that serve Orono; • Non-profit Orono civic, educational, athletic and recreational organizations; • Athletic Associations that serve Orono; • Organizations providing information about art, cultural, and sporting activitiesinactivities in the City’s area; 162 Page 104 of 150 • Organizations providing information about tourist attractions in the City’sareaCity’s area; • Generally recognized community organizations. Inappropriate links include, but are not limited to, sites which endorse a specificcandidatespecific candidate for local, state or federal office, represent a religious position, or operate for-profit. The City of Orono shall not be responsible for and does not endorse the information on any linked website; nor does the City of Orono guarantee the accuracy, completeness or timeliness of the information on those sites. The City of Orono is not liable for defamatory, offensive, or illegal conduct of linked sites. The links from this site to other sites on the World Wide Web do not constitute or imply endorsement or recommendation on the part of the City of Orono. Links to the City website are not controlled. It is the nature of the internet for websites tolinkto link to other websites. Administrators from other websites do not have to ask for permission to link to the City of Orono website. It is recommended that websites that linktolink to Orono should periodically verify links for accuracy since page URLs are subject to change without notice. Advertisements: No advertisements other than for City-sponsored events, paid orunpaidor unpaid, will be posted on the City’s website. Disclaimer: The City of Orono will make every effort to ensure the accuracy of the information provided on its website. However, due to the possibility of unauthorized modification of the data, transmission errors, HTML browser incompatibilities, human error, changes made since the last update to the website or other aspects of electronic communication that are beyond the City's control, the City does not guarantee the accuracy of the information provided on its website and is not liable for reliance on the information. Training Department Heads shall be responsible for addressing staff training needs as part of the development of their annual budgets in an effort to ensure each user is adequately trained to accomplish their job duties. Annual training needs shall be reviewed with Administration in order to determine if there are cross-Departmental needs. Training needs will be prioritized based on amount of need, training funds available, and applicability to job functions. 163 Page 105 of 150 Appendix D. Information Technology Policies and Forms 164 Page 106 of 150 IT Devicse Policy and Acknowledgement Form 1. Purpose These guidelines pertain to City staff and Council Members who are issued a device purchased by the city. The purpose of these guidelines is to outline the responsibilities and care required for city-issued laptops, iPad or tablet devices. The devices are intended to be utilized by City staff and Council Members for the purpose of enhancing meeting workflow, reducing the use of paper agenda packet materials, improving staff efficiency, and to improve the timeliness of Council, staff and resident communication. 2. Authorized Use Issued devices are intended for conducting City business. The city does not maintain loaner devices, so users will be responsible for conducting meetings without a device in the event of a lost or misplaced device. In addition, the user must adhere and are subject to the following:  Devices shall be maintained in a suitably charged state during work hours. Inappropriate media may not be used as a screensaver or background photo. Devices will be secured with a minimum eight (8) digit numeric pass code. Sound shall be muted at all times unless needed for instructional purposes.  Personally-owned music, games and apps may only be present on city-issued device when using a personal application store account.  In case a device is restored to its original condition, the user is responsible for restoring any personal content.  City IT department is not responsible for backing up personal related content.  Users may save work locally on the device. It is strongly recommended that users utilize the city-designated online storage technology.  Information stored on the iPad or tablet device could be classified as public, private, or other data and is governed by the Minnesota Government Data Practices Act (MN Statute Chapter 13) and must be treated accordingly.  City staff and Council Members should retain information stored on the iPad or tablet device in keeping with city policies and procedures per the General Records Retention Schedule. 3. Personal/Home Use The, laptop, iPad or tablet device is a powerful computing tool. City-issued devices may be taken home provided the use is consistent with the City’s mission, does not interfere with or negatively impact any other person’s or entity’s rights and work and/or learning environment, and does not conflict with any law. Failure to adhere to the policy shall result in the revocation of such use privilege. Installation of applications is limited to applications that are consistent with the terms listed in this policy and are available through the application store. Installation of additional applications shall be at the sole expense of the user, utilizing their personal application store account. 165 Page 107 of 150 Modification of the device’s operating system to allow installation of applications not approved legally is prohibited. While instruction and advice may be offered, the City’s IT department is not responsible for home network use or support. It is the policy of the city to maintain the right to access and disclose any and all messages communicated through electronic means when city issued equipment is used. Regardless of the intent of the message (business or personal), any employee involved has no right to privacy, or to the expectation of privacy, concerning the content of any message or the intended destination of any message when using city-issued equipment. 4. Device Care Users will be held responsible for the maintenance and care of assigned communication devices. • Keep batteries charged and ready for use at meetings. • Clean the view screen with a soft, dry cloth or anti-static cloth as needed. • Do not lean or place anything on the screen that may cause damage. • Utilize the protective case at all times. • When not in use, store in a secure location. Never leave in an unlocked car or any other theft-prone area. • Immediately report lost stolen, malfunctioning or damaged devices to the IT department. • Stolen devices must be reported immediately to the local authorities. • Consult with IT before connecting or syncing devices to another computer. Devices that malfunction or are damaged must be reported to the IT Department. The City will be responsible for repairing devices that malfunction. Devices that have been damaged from misuse or neglect, in the sole and exclusive judgment of the IT department, will be repaired by the City, with the cost borne by the user. Damage includes, but is not limited to, broken screens, cracked plastic pieces, and inoperability. If the cost to repair the device exceeds the cost of purchasing a new device, the user shall pay the full replacement value. If the device is stolen or lost, the user shall pay an amount deemed appropriate by the balance of the Finance Director. If the device is stolen or lost, the user shall pay the full amount of the replacement. All appeals will be decided by the balance of the Finance Director. 5. Application Software All software applications purchased and installed by the City’s IT department must remain on the device in a usable condition and be accessible at all times. Users are responsible for personal software applications and are responsible for installation and backup. • Software purchased by the Ccity will be done through the City’s application store account or similar account. • Users are allowed to purchase and download personal applications providing they are not profane, obscene or offensive to others. • The Ccity is not responsible for the loss of any personal software applications when the device is updated, tested with diagnostic tools or restored to its original state. • Storage space needed for city applications will take precedence over space used for 166 Page 108 of 150 personal items. 6. Purchase or Return of Device Upon separation with the City, the City staff and Council Members must return the device to the IT department. Upon separation with the City due to the conclusion of the term of office or resignation, the iPad will be returned to the IT department, who will: (1) have the device returned to factory settings and remove any documents, images, files, or media stored on the device and re-issue the unit; or (2) allow the outgoing Council Member or City staff to purchase his or her device at “trade in” value established by a reputable electronic store. 7. Acknowledgement All City staff and Council Members who are assigned an iPad or tablet device shall be provided a copy of these guidelines and shall acknowledge receipt and understanding of the provisions outlined herein. The guidelines may be updated as needed. I agree that I will use the City’s laptop,city iPad or tablet device in accordance with the specifics outlined in this user agreement. I also understand that use of a city asset is a privilege that may be revoked at any time. Printed Name: Signature: Date: 167 Page 109 of 150 Cell Phone Planolicy and Use Acknowledgement Purpose/Policy The purpose of this policy is to provide guidance with regard to who has cell phone privileges and City expectations of those with City-owned or City reimbursed cell phones. Cell phones are assigned to employees who must be accessible due to the nature of their duties and/or those who must be available for emergency response or consultation. The provision of a cell phone allowance or City-owned cell phone serves a public purpose in providing employees with the ability to perform job-related duties, which are directly related to the governmental purposes. Scope Based on business need in providing service to the citizens of the City, contractors, or City related contacts, designated staff will be provided a cell phone for City business purposes. In lieu of a City-owned cell phone, designated staff may elect to receive an allowance toward the cost of an employee’s personal cell phone service which will also be used for City business purposes. General Provisions Based on business need, the Department Director and/or City Administrator will determine which positions in the departments require a cell phone. These work-related needs include, but are not limited to: a. When safety of self or others may be at risk. b. When the employee’s main work location is in the field where land lines and other primary radio/telephone communications are not available. c. To provide immediate communication with staff in the department and other agencies as required to coordinate programs or provide customer service. d. Improved efficiency in the performance of the job. e. The need to be able to contact the employee on short notice. f. The employee’s role in emergency response. Monthly Allowance Election Employees designated to receive a cell phone may elect to receive a dollar monthly cell phone allowance in lieu of a City-owned cell phone. 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. Employees receiving an allowance, in lieu of a City-owned cell phone are responsible for the following: a. Procuring and maintaining cellular service from a reliable carrier who provides phone numbers in the local calling area of Orono. b. Providing documentation in a manner prescribed by the Finance Director to activate and maintain monthly allowance payments. c. Notifying the City within five (5) business days of the cellular service being 168 Page 110 of 150 disconnected or phone number being changed. d. Limiting personal calls, incoming and outgoing, during work hours so as not to interfere with City business or the performance of the employee’s job. e. Replacement or repair of the phone. No allowance will be paid when an employee is in a leave status exceeding forty-five (45) days, unless approved by the City Council. No allowance will be paid when an employee is in an unpaid leave status. Approved Uses Employees receiving a City-owned cell phone or cell phone allowance will be responsible for the following: a. Employees are expected to keep their cell phones turned on during their designated working and on-call hours to assure they can be reached. b. Retrieving messages on voice mail if telephone calls are missed on the cell phone. c. Ensuring that use of the phone does not provide a distraction to the employee during work hours. This includes setting the cell phone to a silent alert mode during meetings and other times that an interruption is undesirable. d. Employees in possession of City-owned cell phones are required to care for the equipment in a responsible manner and to take appropriate precautions to prevent theft, damage, and vandalism. e. Providing adequate security for the phone to prevent unauthorized users from accessing work-related telephone numbers or documents stored on the cell phone, including, but not limited to, using a pass-code lock function when available. f. Limited Personal Use Exception: personal use during off-peak and weekend hours is permitted with City-owned cell phones, provided no costs are incurred by the City for such use. If the City does incur costs for employee’s personal use, the employee will be responsible for immediate payment of the personal use charges. Unapproved Uses Employees receiving a City-owned cell phone are prohibited from the following: a. Using City-owned cell phones for personal long-distance. b. Use of the equipment for personal profit or gain. c. To transmit, receive or distribute pornographic, obscene, abusive, or sexually explicit materials, or materials containing unclothed or partially clothed people. d. To violate any local, state, or federal law or engage in any type of illegal activity. e. To engage in any form of gambling. f. To engage in any type of harassment or discrimination, including but not limited to sexual harassment and harassment or discrimination based upon race, gender, sexual orientation, religion, national origin, marital status, status with respect to public assistance, disability or any other type of harassment or discrimination prohibited by law and City Policy. g. To engage in any type of commercial enterprise unrelated to the specific purposes and needs of the City. 169 Page 111 of 150 h. To engage in any form of solicitation without the express prior written consent of the Department Director or City Administrator. i. To promote any political or private causes, or other activities, without the express prior written consent of the Department Director or City Administrator. j. To enter into financial or contractual obligations without the express prior written consent of the Department Director or City Administrator. Any financial or contractual obligation entered into by an employee without the express written consent of the Department Director or City Administrator shall be the sole responsibility of the employee. k. To advocate any type of unlawful violence, vandalism, or illegal activity. Safety: Cell Phone Use While Driving Safety must come before all other concerns. Regardless of the circumstances and in accordance with Minnesota law, employees are required to use hands-free operations or pull off into a parking lot and safely stop the vehicle before placing or accepting a call. Employees are encouraged to refrain from discussion of complicated or emotional matters and to keep their eyes on the road while driving at all times. Privacy Designated employees are provided City-owned cell phones to assist them in the performance of their jobs. All such equipment is the property of the City and is to be used for City purposes. Employees with City-owned cell phones should have no expectation of privacy in anything they create, store, send or receive using the City’s cell phone. Information created, stored, sent, or received by an employee acting in his or her government capacity using a personal cell phone may be classified as government data subject to the requirements of the Minnesota Government Data Practices Act. Such data is subject to review by the City and disclosure to the public where required by law. Responsibility The City Administrator, or designee, will have primary responsibility for implementation and coordination of this policy. Violations of this policy will subject the user to disciplinary action in accordance with the personnel policy or collective bargaining agreement. The Division Directors will be responsible for enforcement within their departments. When an employee terminates employment, the Division Director is responsible to ensure that a City-owned cell phone is returned to the City. The City-owned cell phone shall be returned to the City prior to final compensation to the employee. Acknowledgement A Cell Phone Plan and Use Acknowledgement Signature Form will be required to be completed prior to any employee using a City-owned cell phone or receiving a cell phone allowance. 170 Page 112 of 150 As an employee that has been identified as being in a position that requires the use of a cell phone, I acknowledge that I have received the City of Orono’s policy on Cell Phone Use and understand that this receipt will be filed with my personnel records. I hereby choose the following: □ I will use a city provided cell phone. □ I choose to use my personal cell phone. I understand that under current IRS regulations, the reimbursement that I will receive is added to my taxable income. Name (Please Print) My Phone Number is: My Provider is: Employee Signature Date Department Head Signature Date City Administrator Signature Date 171 Page 113 of 150 Appendix E. Expense/Reimbursement ReportReport 172 Page 114 of 150 Expense Reimbursement Report Purpose The purpose of this form is intended to cover the reasonable cost of necessary travel, lodging and other miscellaneous expenses incurred by the City’s employees in relation to City matters. Guidelines 1. Reimbursement for expenses when traveling on City business must be approved by the Department head. 2. All expenses must clearly indicate a business purpose. 3. Original receipts, charge bills or copies of invoices must be attached for all transactions. 4. Mileage will be reimbursed at the annual rate established by the Internal Revenue Service (IRS) when an employee uses their personal vehicle on City business. 5. See Article 17 for more details. 1.6.The following form is an example and will be updated and distributed each year by the Finance Department. 20224 Personal Expense Reimbursement Form PLEASE DO NOT STAPLE RECEIPTS TO FORM City of Orono Print Name: P.O. Box 66 Crystal Bay, MN 55323-0066Employee Signature: (952) 249-4600 Mileage Miles Traveled Mileage $ Other Expenses Date Start End Destination Meals Lodging MiscMis c. Purpose 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Totals 0 $0.6725 $ - $ - $ - $ - $ - 173 Page 115 of 150 Appendix F. Position Reclassification Guidelines and Process 174 Page 116 of 150 POSITION RECLASSIFICATION GUIDELINES AND PROCESS Purpose and Scope: The City of Orono is committed to maintaining a fair, consistent, and predictable position classification and compensation program for the benefit of all employees. While the City will take reasonable measures to ensure that all positions are accurately reflected in position descriptions and classification points and grades, there may be instances where a formal review of a specific position is warranted. The following information provides guidance related to the general classification methodology used by the City, formal review request eligibility criteria, and the reclassification process. Definitions: Classification Determination is the outcome of the analysis process that results in the allocation of a pay grade level to a position. Comparable position is comparable to the position under review in its functions, responsibilities and accountabilities, direct supervisor responsibilities, and/or organizational hierarchy and scope. Desk Audit is an opportunity for the incumbent to describe the duties and responsibilities of their position and provide illustrative examples. Direct supervisor is to whom an incumbent directly reports and completes the incumbent’s annual performance evaluation. Incumbent is an employee who has been appointed to the position under review on a continuous basis or a fixed term. Job Analysis is the process used to measure the relative worth of positions within an organization at a point in time. Position Description (PD) is an approved City document which outlines the primary accountabilities and responsibilities of a position and the essential and desirable criteria required to undertake the position. Reclassification is a change in classification due to an up, down, or lateral pay grade change. Methodology: The City utilizes a formal methodology to conduct position analysis and classification and positions will be scored using a plan adapted from the Hay Method. The model assigned each position a score in the following categories (adapted from the State of Minnesota 2009 Hay Manual): Know-How, Problem Solving, Accountability, and Special Conditions. The following information provides a summary of factors and considerations used to apply this classification method. Know-How represents the knowledge, skills and abilities an employee needs to be successful in a particular job. The Hay evaluation method places the greatest emphasis on Know-How. Know-How is defined as an expert skill, information or body of knowledge that imparts an ability to cause a desired result. The Know-How category is the most heavily weighted category. If a position is more easily learned, the position will point toward the lower end of the scale. Know-How category is further divided into three parts: Depth and Breadth of Job-Specific Knowledge (aka Technical and Specialized Know-How and Job-Specific Knowledge); Integrating Know-How (aka 175 Page 117 of 150 Managerial Breadth or Know-How); and Human Relation Skills (aka Human Relations Know-How). A number is assigned for total Know-How points by making several separate choices for each of the three elements described and an overall assessment. Job-Specific Knowledge includes the position's requirements for knowledge and skills related to practices, procedures, specialized techniques and professional disciplines. It also includes basic and job- specific supervisory and managerial knowledge/skills/abilities (KSAs), when appropriate. This aspect of Know-How does not make distinctions among differently-sized managerial jobs nor does it include human relation skills. It is important to remember that this element measures the requirements of the position, not the qualifications of an incumbent. Integrating Know-How considers the need to integrate and manage progressively more diverse functions and is used to rank managerial breadth and scope, from similar to very different functions. When required, basic and job-specific supervisory and managerial knowledge, skills and abilities are included in the Job-Specific part of a Know-How rating. The overall size of an organization directly influences the number of managerial breath categories, because the organizational size often reflects requirements for increased managerial complexity and diversity. Human Relation Skills is the third element of a job's Know-How rating. It is the active, practicing interpersonal skills typically required for productive working relationships to work with, or through, others inside and/or outside of the organization to get work accomplished. It assumes that each job requires a foundation of basic human relations skills. To be effective, an employee must typically be proficient at the highest level of Human Relations Skill regularly required for the position. Problem Solving is the process of working through details of a problem to reach a solution. Problem solving may include mathematical or systematic operations and can be a gauge of an individual's critical thinking skills. Problem Solving measures the intensity of the mental process that uses Know-How to: (1) identify, (2) define, and (3) resolve problems. It is a percentage of Know-How, reflecting the fact that "you think with what you know." This is true of even the most creative work. Ideas are put together from something already there. The raw material of any thinking is knowledge of facts, principles and means. Context includes the influences or environment that limit or guide decision-making such as rules, instructions, procedures, standards, policies, principles from fields of science and academic disciplines. Positions are guided by organizational, departmental or functional goals, policies, objectives and practices circumscribed by procedures and instructions. In general, policies describe the "what" of a subject matter, procedures detail the steps needed to follow through on a policy (i.e., how, where, when, by whom) and instructions outline the specific aspects of how to perform the tasks, such as the operation of a machine or how to select the appropriate letters to use in particular situations. Thinking Challenge includes the nature of the problems encountered and the mental processes used to resolve the problems. The scale ranges from simple problems to very complex issues, with the premise that simple issues recur regularly in the same form and after a while are resolved by rote or instinct, but very difficult issues require substantial thinking and deliberation. The types of situations encountered and the processes involved in identifying, defining or resolving related problems are considered. Thinking Challenge reflects the degree of difficulty in finding improvements and adapting to changes. Accountability does not mean being responsible for getting one's own work done. Rather, it reflects responsibility for actions and their consequences and the measured effect of the job on end results, or impact, for the organization. Accountability includes three factors: Freedom to Act/Empowerment, Magnitude, and Job Impact. 176 Page 118 of 150 Freedom to Act/Empowerment involves the degree of personal or procedural control or guidance exercised over the position. For example, what constraints are put on an employee in this job? How closely supervised is the position? What kinds of decisions are made higher up in the organization? Magnitude is the portion of the total organization encompassed by the position's primary purpose. It's most typically indicated by the general dollar size of the area(s) most directly affected by the job, i.e., the resources over which the position has control or influence. A variety of factors are considered such as size of budget is employee responsible for, what degree of influence is held and is this person a decision maker. Job Impact is considered to be indirect (indirect or contributory) or direct and measurable (shared or primary). It involves the way in which the position's actions affect end results in the agency. For example, how does the employee influence the business - directly or indirectly? Does the employee provide advisory or interpretive services for others to use in making decisions? Is the job an information- recording one? Does it provide a necessary service with a relatively small effect on the business of the agency? "Contributory" and "primary" are, by far, the most frequently used options. Information For Direct Supervisors And Staff: The analysis of the work value of a position is the measure of the relative worth of positions within an organization at a point in time. This means that the City of Orono Classification and Compensation compares the work that is performed not only to similar jobs, but also on a scale that encompasses all City positions. Submissions for reclassification of a position(s) may be made by the direct supervisor or an incumbent(s) who occupies the position or group of positions. The incumbent may submit a request for a position reclassification review with or without the support of the unit. However, all updated position descriptions must be reviewed and approved by the related Department Head, the City Administrator, and the Council prior to formal classification review. An incumbent may submit their PD for reclassification no more than once every twenty-four (24) months, unless otherwise authorized by the City Administrator. In addition, in order to be eligible to submit a position for reclassification, an incumbent must be performing the duties, as written, for a minimum of six (6) months prior to initiating the reclassification request and meet the minimum qualifications of the requested classification. Direct supervisors are also eligible to submit requests for position reclassification for positions which fall under their direct management. Where the direct supervisor initiates a reclassification process, there is no requirement to gain the incumbent’s agreement to the PD although it is encouraged to have a discussion regarding the document with the incumbent. The direct supervisor may submit a request for reclassification of a position at any time the supervised incumbent has been performing at a higher level for a minimum of six (6) months. In general, Reclassification requests can only be submitted by: • Incumbent; • Direct supervisor; or • Department Head/City Administrator/Council, as part of a reorganization plan. Reasons for Classification Review: 177 Page 119 of 150 Existing positions require formal analysis for possible reclassification when there have been significant changes to the position that are deemed to be ongoing in nature and may have resulted in a significant increase in the work value, or impact, of the position. Changes in a position may result from the duties and responsibilities having significantly evolved over time including new duties or a redistribution of duties within a work area. The City will determine the appropriate pay grade level and classification of a position by undertaking an overall analysis of the following, using the Hay Method described above: • Consideration of the position in relation to the work being performed. • Changes to the position taking into consideration the Hay Methodology criteria. • Comparable positions to ensure equity and consistency in measurement of work value within the unit and across the City. • The ongoing nature of the changes to the duties, responsibilities, and essential requirements. All of the above factors are considered when making an overall analysis of work value – one factor alone is unlikely to demonstrate an increase in the relative worth of a position. The following factors or circumstances are not valid considerations in the analysis of work value: • The incumbent’s performance in the position. • Length of service or time in the position. • Education beyond the minimum required education of the classification. • Knowledge, skills, and abilities (KSAs) the incumbent may have that are not directly relevant to the position under review. • Anomalies and inequities in terms of other positions within the City. • Short term duties performed in addition to the incumbent’s regular position description duties; a one-off or short-term project is not considered as a basis for reclassification. • Mechanism for retention of incumbent. • An increase in the work volume alone is not considered the basis for reclassification; there must be a demonstrated change and increase in work value or impact. Steps For Requests For Submitting A Reclassification: Step 1: Discussion If there have been significant ongoing changes to the position duties and responsibilities, this may result in a change in the work value of the position and possibility of the need for reclassification. Contact your Department Head or direct supervisor to discuss updating your Position Description (PD). Step 2: Initiate Reclassification Action Incumbent initiates: An agreed upon PD is developed between the incumbent and direct supervisor. Direct supervisor initiates: The direct supervisor submits an updated PD to reflect the revised duties and responsibilities. The direct supervisor, per policy, is certifying that the PD is accurate. Note: To avoid confusion about duties and responsibilities, direct supervisors should discuss any changes to the PD with the incumbent who occupies the position which is proposed to be reclassified. Direct Supervisors are not required to gain the incumbent’s agreement to the changes; however, incumbents should be made aware of the pending classification review. 178 Page 120 of 150 Step 3: Routing The direct supervisor routes the updated PD to the appropriate department head and City Administrator for their review. All final updated position descriptions must be formally approved by the City Council before proceeding. Step 4: Position Analysis Once the updated PD has been approved, the City Administrator and Finance Director will undertake an analysis, which may include a desk or phone audit, to review the reclassification documents, and make a reclassification determination, usually within 30 days. All final reclassification determinations must be formally adopted by the City Council. Step 5: Approval If adopted by the council, the direct supervisor will finalize the reclassification action by notifying the incumbent and obtaining a signed copy of the new PD and classification. These signed documents will be retained in the department personnel file to ensure all parties are aware of the expectations of the position. Effective Date Of Reclassification Fair and reasonable time frames will be adhered to throughout the reclassification process. Reclassification requests should be promptly submitted for evaluation and final determination. The effective date of an approved reclassification request should normally coincide with the date the PD is formally adopted by the City Council. In exceptional circumstances, the City Council may determine an earlier effective date of reclassification upon written request. Reclassification Appeal If the incumbent or direct supervisor is not satisfied with the reclassification determination, they may request an appeal. The appeal must be filed within thirty (30) calendar days of receipt of the reclassification determination. The City will engage an objective third party consultant to review the PD and classification within three months of the filed appeal and to make an independent recommendation to City leadership and Council. The final decision will be communicated by the City Administrator. If the original classification decision made by the City is upheld by the third party and the incumbent chooses to accept the independent decision, they will be eligible to apply for a new classification review six (6) months after the receipt of the appeal decision. 179 Page 121 of 150 Appendix G. Flexible Work Arrangement Policy 180 Page 122 of 150 Flexible Work Arrangement Policy 1. Purpose. This policy establishes the guidelines for flexible work arrangements to situations that fall outside of the typical City work schedule and last longer than two months. The City of Orono recognizes that flexible work arrangements can help the organization retain valuable employees and reduce turnover costs by providing a way for staff to more effectively meet the demands of their work and personal responsibilities. Such arrangements offer an alternative approach to completing work through non- traditional work hours and worksites. The City supports workplace flexibility to promote a highly productive work environment that allows employees to balance their work and professional needs while offering workforce dependability and consistency. 2. Scope. All types of City employees (full-time and part-time, union and non-union) may be considered for a flexible work arrangement, depending on their job duties. While not all positions will be suitable for flexible work arrangements, requests will be reviewed on a case-by- case basis taking into account the departmental needs and the employee’s ability to maintain a high level of service. A flexible work arrangement is a business and workplace strategy, not an employee benefit or employee right. Flextime may not be feasible within some departments or bargaining units based on their operational and business needs. Refer to the applicable agreements for additional information. 3. Definitions. A. Flextime: Agreed-upon starting and departure times that differ from the standard schedule for the department or work group. Flextime does not reduce the total number of hours worked in a given workweek. Flextime options can include fixed starting/ending times that change periodically; starting and ending times that can vary daily and variations in the length of days (e.g.e.g., six-hour day followed by a 10-hour day). B. Compressed workweek. A traditional 40-hour workweek condensed into fewer than five workdays. The compressed workweek options available to employees are as follows: (1) Four-day Workweek (assuming 40 hours/week) - Employee would be required to work four 10-hour days and would take off one (1) work day per week. This schedule must be fixed for the term of the agreement. This schedule must be fixed for the term of the agreement but may alternate with normal 5-8 hour day work week within the same pay period to allow employees to alternate to provide department coverage. (2) 4½-day Workweek (assuming 40 hours/week) - Employee would work four (4) nine-hour days and one (1) four-hour day each week. This schedule must be fixed for the term of the agreement but may alternate with normal 5-8 hour day work week within the same pay period to allow employees to alternate to provide department coverage. C. Teleworking: A regular, routine work arrangement that allows the employee to perform a portion of the job outside of City facilities. This type of arrangement specifies the number of hours to be worked outside of the office and the specific time in which it will occur. Employees must be self- disciplined, self-motivated, and comfortable working away from the office 181 Page 123 of 150 setting. Positions suited for teleworking are those that can be successfully performed remotely and require minimal supervision and limited face-to-face contact. 4. Criteria. Flexible work arrangements are discretionary based upon the operational needs of the department, division or work group and must have prior approval by the supervisor, department head and City Administrator. In some cases, a request for family and medical leave or a reasonable accommodation related to a disability may be more appropriate than a flexible work arrangement. Requests for flexible work arrangements will be evaluated on the following criteria: A. Can the employee’s job duties, tasks and responsibilities be performed remotely or independent of co-workers or team members? B. Can the work be monitored with quantifiable tasks, quantity and quality measures? C. Is there likely to be an adverse impact on customers or coworkers? D. Will working remotely expose private or confidential data to an unacceptable level of risk? E. Has the employee successfully completed the new hire probationary period? F. Has the employee demonstrated a high degree of skill and job knowledge? G. Does the employee have a proven record of satisfactory job performance and attendance? H. Has the employee consistently demonstrated appropriate self-discipline, self-motivation and the ability to work independently? I. Has the employee consistently demonstrated strong communication skills and the ability to communicate with others in an appropriate form, time and level of detail? J. Are there sufficient funds available to acquire needed resources? 5. Guidelines. A. General Guidelines. (1) A flexible work arrangement is a business and workplace strategy, not an employee right or universal employee benefit. (2) A flexible work arrangement is not a substitute for paid time off. Flexible work arrangement requests are not the same as the occasional need for flexibility. Flexible work arrangements generally last longer than two months and are a regular and predictable part of the employee’s work schedule. (3) Not all requests will be accommodated and not all positions are appropriate for flexible work options. (4) The operational needs of the department, division or work group must be met even when an employee has a flexible work arrangement. (5) Performance expectations remain the same regardless of the employee’s work schedule or location. (6) Flexible work arrangements are not guaranteed or permanent – they may change as 182 Page 124 of 150 the needs of the department, division or work group change. (7) The supervisor may temporarily adjust work schedule or location as needed to meet the operational needs of the work group. (8) Flexible scheduling is limited to the standard 40-hour work week. All 40 hours must be accounted for in the work week. (9) Flexible work arrangements must not result in additional work for other staff. (10) Customers and other staff should not be adversely affected by a flexible work arrangement. If a flexible work arrangement creates adverse effects, the City and the employee shall work to eliminate them. The City retains the right to end the arrangement if the adverse effects continue. (11) Flexible work arrangements must be in compliance with the City’s information security and data policies as well as all other City policies. (12) The employee should receive approval for temporary deviations in his or her established work schedule from the supervisor in the same manner that he or she would without a flexible work arrangement. (13) Flexible work arrangements may be modified or discontinued for any reason as needed to ensure that the arrangement does not negatively affect the quality, quantity or productivity of the employee or the work group. (14) Supervisors should consult with Human Resources about recording time on timecards for holidays, vacation and other leaves. (15) All flexible work arrangements are subject to the City’s Employment Rules and must conform to the overtime, record keeping and other provisions of the Fair Labor Standards Act and other relevant laws. Lunches and breaks should be provided for in a flexible work arrangement. (16) Eight hours of pay is the maximum allowed per holiday. If a holiday falls on a day that an employee is scheduled to work more than eight hours, the employee must use vacation or personal leave to supplement the rest of the scheduled workday or flex the time by working another day not to exceed 12 hours as approved by the supervisor. (17) An employee may appeal a decision on a flexible work arrangement to their department head or, if the employee’s supervisor is a department head, to City Administrator. B. Teleworking Guidelines. (1) In order to ensure continuity of operations, employees may not work remotely more than 50% of their work week. (2) Teleworkers who work from home are responsible for having a designated work area that allows them to report to the office with one hour’s notice or within the employee’s normal commute. The work area should be suitable to complete the work assigned, safe, and ergonomically appropriate and located in an area free from noise such as barking dogs. It should provide sufficient security for data, phone conversations, etc. Teleworkers who require home adjustments are responsible for any costs associated with remodeling and the initial setup of a designated work space. 183 Page 125 of 150 (3) Equipment needs for teleworking are determined on a case-by-case basis between the supervisor and employee. The City of Orono will not provide teleworking equipment unless it is justified depending on the needs of the department, division or work group and the nature of the work assignment. The decision as to type, nature, function and/or quality of electronic hardware, software, systems access, data and phone lines rests with the supervisor in coordination with the City’s Information Technology department. Equipment provided by the City is limited to authorized persons for City-related purposes. (4) Provisions of the Minnesota Government Data Practices Act and data privacy policies must be followed when performing work at a remote location. Employees will be expected to ensure the confidentiality and security of all City data accessed from or transported to the remote work site. (5) A teleworking arrangement cannot substitute for dependent or child care. The remote work site must be free of distractions including demands on the employee’s time and attention by dependents. Employees must have the same dependent care arrangements in place when they are teleworking as they would if they were working at a City office. (6) Any work-related accident, injury, or illness that occurs while teleworking should be reported immediately to the employer’s supervisor so that a first report of injury can be completed. An employee is covered by Worker’s Compensation laws while teleworking. (7) An employee’s existing insurance policy(ies) may not include coverage for liability arising out of the use of a residence for a business purpose. Employees are solely responsible for determining an appropriate level of insurance based on their own circumstances. (8) Federal and state tax implications of teleworking and use of a home office are the responsibility of the employee. (9) The teleworker’s schedule, including number of teleworking days per week, normal teleworking hours and use of vacation, personal or compensatory time will be discussed with the employee prior to finalizing the teleworking agreement. (10) Unless other arrangements are made, the employee will be expected to attend all assigned office meetings related to the performance of the job, including those held on a teleworking work day. Reasonable attempts will be made to accommodate the teleworker’s schedule. (11) The supervisor retains the right to call a teleworker into the office as needed. As such, a teleworking employee must have a designated work area that allows them to report to the office with one hour’s notice or within the employee’s normal commute. (12) Teleworkers and supervisors are expected to develop an effective communication strategy. Teleworkers must be reachable via telephone or e-mail during agreed-upon work hours. (13) Teleworkers must notify their supervisor if they are unavailable for more than one 184 Page 126 of 150 hour. (14) Travel to and from a City office for the purposes of meetings or other work requirements are not considered eligible for compensation and mileage will not be reimbursed. (15) Ongoing interaction between the employee and his or her work unit should be maintained daily by phone and/or emails. The teleworking employee should be as accessible as they would be in City offices. The only difference is where the work occurs. The arrangement must be seamless to customers. 6. Process. The employee must complete a flexible work arrangement request form and submit it to his/her supervisor. A. The employee and supervisor must discuss the flexible work arrangement request. B. The work group’s operational needs must be considered (e.g., impact on work group, co- workers, customers, budget, business needs, etc.) C. Supervisors should specify when the employee is expected to be present at the office, how they are to be available during their offsite work time and how they are to communicate their specific availability, if the flexible work arrangement is approved. D. Flexible work arrangement agreements must be in writing and approved by the supervisor, department head and Human Resources Manager before taking effect. E. Supervisors should evaluate an employee’s flexible work arrangement with him/her on an ongoing basis. F. The City will assess the flexible work arrangement policy on a periodic basis. 7. Performance Standards. A. The City of Orono’s policies and procedures as stated above apply to all flexible work arrangements. B. A flexible work arrangement will start with a pilot period of three months during which the employee and supervisor will regularly discuss how it is going, whether productivity is being maintained, and whether adjustments are needed or if the arrangement should be amended or discontinued. The arrangement may continue after the trial period if deemed successful by both the employee and the supervisor. C. Flexible work arrangements sunset at the end of each calendar year; they may be renewed depending upon an assessment of the arrangement by the employee and the supervisor. An application for a flexible work arrangement is required each year. D. Whenever possible, weekly face-to-face check-ins should occur between the supervisor and employee to discuss work progress. E. Any changes of work hours or work location should be reviewed and approved by the supervisor in advance. 185 Page 127 of 150 F. Either the employee or the supervisor may terminate a flexible work arrangement at any time and for any reason as needed with reasonable notice. 186 Page 128 of 150 Flexible Work Agreement Period: Start Date: End Date: _ Schedule: In the chart below list the hours each day for telework or flexible work. Pay period Week Day Telework Schedule Flexible Work/ Compressed Work Schedule Additional Details 1 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 2 Monday Tuesday Wednesday Thursday Friday Saturday Sunday I have reviewed the Flexible Work Arrangement Policy and agree to abide to the terms and conditions set forth by the policy. Date Employee I have reviewed the above information with prior to their participation in the City's Flexible Work Arrangement Policy. Date Department Head 187 Page 129 of 150 Appendix H. Credit Card Policy 188 Page 130 of 150 City of Orono Credit Card Policy 1. Purpose. The purpose of this policy is to establish guidelines for the City of Orono to provide for the issuance of credit cards to personnel. Credit card is intended for purchases needed for City operations. Use of the credit cards would provide efficiencies, such as: a. Less time required at the point of sale with retailers b. Purchases made over the Internet, resulting in lower costs. c. The total number of checks written is reduced. 2. Authority. The City of Orono is authorized to use credit cards for official City of Orono purchases and the Finance Director will determine which personnel will be assigned credit cards. Credit cards will be issued only when it is clear that they will create efficiencies in the normal purchasing process. Each card issued will bear the name of the City of Orono and the individual card holder. The employee whose name is on the card is the only one authorized to use that card, unless the employee specifically temporarily authorizes a subordinate to use the card for a specific purchase. The City credit card (not a personal card) should be used for City business requiring the use of a credit card. 3. Authorized Card Use. Cardholders are authorized to use the card to purchase merchandise or services required as a function of their duties at the City of Orono. This includes the purchase of food and/or non-alcoholic beverages for business meetings and public events. A purchase made with a credit card may be made in -store, by telephone, fax, internet or U.S. mail. All purchases that are not picked up in-store should be shipped directly to City facilities, unless prior authorization for a home delivery is given by the Department Head or City Administrator. 4. Unauthorized and/or Inappropriate Card Use. Credit cards must never be used to purchase items for personal use or for non-City of Orono purposes, even if the card holder intends to reimburse the City of Orono. In the event of accidental use of a City credit card, the cardholder will reimburse the City for the full purchase price, plus any applicable fees, within five (5) days of the accidental use, or notification by the Finance Department of the accidental use. Unauthorized and/or inappropriate card use includes, but is not limited to: a. Items for personal use; b. Items for non-City of Orono purposes; c. Cash or cash advances; d. Alcoholic beverages (except authorized Golf Course purchases); e. Weapons of any kind or explosives (except authorized Police Department purchases); f. Relocation expenses; g. Personal entertainment; and h. Recreation. 5. Responsibility & Accountability. It is the responsibility of the individual cardholder to: a. Safeguard the credit card and credit card account number at all times; lost or stolen credit card must be immediately report to the Finance Department (or the credit card company during off-hours). 189 Page 131 of 150 b. Ensure that all City purchasing procedures are followed, including guidelines with respect to quotations and bids. c. Ensure that the card is used only for legitimate City business expenditures in accordance with the cardholder’s job duties. d. Ensure that no one else uses the card unless specifically authorized by the card holder. e. Maintain all supporting documentation associated with credit card purchases (receipts, confirmations, purchase orders, etc.) with expenditures properly coded and approved by the department. f. Submit credit card form and documentations in a timely manner to the Finance Department for payment processing. g. Surrender the credit card to Finance Department upon separation from the City of Orono. h. Any personal charges made inadvertently must be reimbursed to the City at the time the documentation is submitted to the Finance Department. 6. Administration. Credit limits will be established by the Finance Director for each cardholder on an individual basis and will be programmed into the card. Cash withdrawals will not be allowed with the cards. The employee shall be personally responsible financially for any improper or unauthorized use of the credit card, as specified in Minnesota Minn. Stat.utes § 471.382. The Finance Department will administer the issuance of cards and compliance with the above policies and procedures. Policy violations will result in the cancellation of an individual card. Intentional or negligent misuse of a City credit card will subject the employee to disciplinary action, up to and including dismissal, and/or garnishment of wages if necessary to recover City funds. Cards must be returned to the City at the time of separation. 190 Page 132 of 150 CREDIT CARD USER AGREEMENT I, , as an employee of the City of Orono, accepts personal responsibility for the safeguard and proper use of the City credit cards, which has been assigned to me for use in performance of my job, in accordance with the terms outlined below. Credit cards may be used for travel related business expenses (within and outside the City), and conference/class registrations incurred. Credit cards may be used for purchasing department supplies. I have read and understand the credit card policies and procedures set out by the City of Orono Credit Card Policy. I understand the Finance Director will disallow my use of a City credit card for violation or misuse of the credit card and/or credit card policies and procedure and that such violation or misuse may subject me to discipline, including termination, under the City's Personnel Policies. I understand that each time I use, or authorize the use thereof, that I am adhering to the following statement: "I hereby certify under penalty of perjury that this is a true and correct claim for necessary expenditures incurred by me and that no payment has been received by me on account thereof." I understand that I will be held personally liable for inappropriate charges I incur to the City credit card, and payment for any such inappropriate charges is hereby authorized to be withheld from my paycheck. The undersigned individual has read and understands the above statements. This agreement will be filed with the individual personnel records. Signature Date 191 Page 133 of 150 AFFIDAVIT OF LOST OR DESTROYED RECEIPT Name: Position: Last four digits of Card Number: I declare on oath, that the original receipts for the transaction dated / / in the amount of $ from (vendor name) has been lost or destroyed. The vendor has been-contacted and is not able to provide a duplicate receipt for this purchase. Please accept the detail of the transaction below in lieu of an itemized receipt for this transaction. Item(s) Purchased Amount I understand that falsification of the itemization of this purchase constitutes an act of fraud. Signature Date 192 Page 134 of 150 Appendix I. Drug and Alcohol Testing for Commerical Drivers Policy 193 Page 135 of 150 Drug and Alcohol Testing for Commercial Drivers Policy Table of Contents 1. Purpose. .................................................................................................................................... 136136 2. Definitions. ............................................................................................................................... 136136 3. Persons Subject to Testing & Types of Tests ........................................................................... 139139 4. Prohibited Conduct ................................................................................................................... 143143 5. Collection and Testing Procedures ........................................................................................... 145145 6. Review of Test Results ............................................................................................................. 146146 7. Notification of Test Results ...................................................................................................... 147147 8. Consequences for Drivers Engaging in Prohibited Conduct .................................................... 148148 9. Loss of CDL License for Traffic Violations in Commercial and Personal Vehicles ............... 149149 10. Maintenance and Disclosure of Records ............................................................................... 150150 11. Policy Contact for Additional Information ........................................................................... 150150 194 Page 136 of 150 1. Purpose. The City of Orono (“City”) has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. 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. In response to regulations issued by United States Department of Transportation (“DOT”), the City has adopted this Policy on Alcohol and Controlled Substances for employees who hold a commercial driver’s license (CDL) to perform their duties. 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. 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. This policy does not in any way affect or change the status of any at-will employee. Any revisions to the Federal Omnibus Transportation Employee Testing Act and Federal Motor Carrier Safety Administration (FMCSA) regulations will take precedent over this policy to the extent the policy has not incorporated those revisions. 2. Definitions. A. 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; 49 C.F.R. § 382.303(a); 49 C.F.R. § 382.303(f). 195 Page 137 of 150 B. 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. C. Alcohol Use: The consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. 49 C.F.R. § 382.107. D. Applicant: Means a person applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107. E. Breath Alcohol Technician or BAT: An individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device (EBT). 49 C.F.R. § 40.3. F. City: City of Orono. G. 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. H. 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. I. Commercial Motor Vehicle: A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle (1) has a gross combination weight rating or gross combination weight of 26,001 or more pounds, whoever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater; or (2) has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds, whichever is greater; or (3) is designed to transport sixteen (16) or more passengers, including the driver; or (4) is of any size and is used in the transportation of materials found to be in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulation. (49 C.F.R. part 172, subpart F) § 382.107. (1) Fire trucks and other emergency fire equipment are not considered to be commercial vehicles under this policy. J. Confirmation (or Confirmatory) Test: For alcohol testing means a second test, following a positive non-evidential 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. K. Controlled Substance: 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. L. Department of Transportation or DOT: The United States Department of Transportation. M. DHHS: The Department of Health & Human Services or any designee of the Secretary, Department of Health & Human Services. 49 C.F.R. § 40.3. N. 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. 196 Page 138 of 150 (1) 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 tail light damage or damage to turn signals, horn or windshield wipers which make them inoperative. 49 C.F.R. § 382.107. O. Driver: Means 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. 49 C.F.R. § 382.107. P. Drug: Has the same meaning as “controlled substance.” Q. 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. R. Evidential Breath Testing Device or EBT: A device approved by the National Highway Traffic Safety Administration (“NHTSA”) for the evidential testing of breath and placed on NHTSA’s “Conforming Products List of Evidential Breath Measurement Devices.” 49 C.F.R. § 40.3. S. Federal Motor Carrier Safety Administration or FMCSA: The Federal Motor Carrier Safety Administration of the United States Department of Transportation. T. Medical Review Officer or 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 U. 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. V. 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 law. W. Reasonable Suspicion: Means 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, 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 work day 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. X. 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: (1) All time at a City 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 197 Page 139 of 150 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; and All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 49 C.F.R. § 382.107. Y. Screening Test (also known as Initial Test): In alcohol testing, mean an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in her or her system. 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 (“EBT”) operated by a trained breath alcohol technician (“BAT”). In controlled substance testing, “Screening Test” means an immunoassay screen to eliminate “negative” urine specimens form further consideration. 49 C.F.R. § 382.107. Z. Substance Abuse Professional” or “SAP”: A licensed physician (medical doctor or doctor of osteopathy), licensed or certified psychologist, licensed or certified social worker, licensed or certified employee assistance professional, or licensed or certified addiction counselor (certified by the National Association of Alcoholism and Controlled Substance Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. 49 C.F.R. § 40.281. 3. Persons Subject to Testing & Types of Tests All employees are subject to testing who job duties include performing “safety-sensitive duties” on City vehicles that: A. Have a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater; or B. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds whichever is greater; or C. Are designed to transport 16 or more passengers, including the driver; or D. Are of any size and are used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F). The following functions are considered safety-sensitive:  all time waiting to be dispatched to drive a commercial motor vehicle  all time inspecting, servicing, or conditioning a commercial motor vehicle  all time driving at the controls of the commercial motor vehicle  all other time in or upon a commercial motor vehicle (except time spent resting in a sleeper berth)  all time loading or unloading a commercial motor vehicle, attending the same, giving or receiving receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle  all time repairing, obtaining assistance, or attending to a disable commercial motor vehicle. 198 Page 140 of 150 The City may test any applicant to whom a conditional offer of employment has been made and any driver for controlled substance and alcohol under any of the following circumstances: 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 years. The City will contact the candidate’s DOT regulated previous and current employers within the last three years for drug and alcohol test results as referenced above and review the testing history if feasible before the employee first performs safety-sensitive functions for the City. 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. 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 operating on a public road, the City will test each surviving driver for controlled substances and alcohol when the following occurs:  The accident involves a fatality or  The driver receives a citation for a moving traffic violation from the accident and an injury is treated away from the accident scene or  The driver receives a citation for a moving traffics violation from the accident and a vehicle is required to be towed from the accident scene. A driver subject to post-accident testing must remain readily available or the driver will be deemed 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 199 Page 141 of 150 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. 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 eight hours have elapsed since the accident and the driver has not submitted to an alcohol test, 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 or breath test in place of an alcohol test and urine test for the use of controlled substances if:  The tests are conducted by federal, state, or local officials having independent authority for the test, and  The tests conform to applicable federal, state, or local testing requirements, and  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, providing 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. If a driver is selected for a random test while he or she is absent, on leave or away from work, that driver may be required to undergo the test when he or she returns to work. For 2020, 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 a driver has engaged in conduct prohibited by federal law or this policy, the City will require the driver to submit to an alcohol and/or controlled substance test. 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, 200 Page 142 of 150 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 of a driver which are indicative of the use of alcohol or controlled substance. These observations leading to an alcohol or controlled substance test, will be reflected in writing and signed by the supervisor who made the observations. The record will be retained by the City. 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. Alcohol testing is authorized only if the observations are made during, just before, or just after the driver has ceased performing such functions. 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. 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 .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 or DOT rules or this policy, subject to applicable personnel policy 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 and/or or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety-sensitive function. The SAP determines if the driver has completed the education/treatment as prescribed. The employee 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 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. 201 Page 143 of 150 Should the City reinstate a driver following a determination by a Substance Abuse Professional (SAP) that the driver is in need of assistance in resolving 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 will 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 employee 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, or immediately prior to or after performing safety-sensitive functions. Cost of Required Testing The City will pay for the cost of pre-employment, post-accident, random, and reasonable suspicion alcohol and drug 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. 4. 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 PTO or sick leave for hours missed from work. 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 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. 202 Page 144 of 150 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 business days. If an applicant refuses to submit to pre-employment controlled substance testing, any applicable conditional offer will 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:  Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing.  Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing.  Fails to report for testing within a reasonable period of time, as determined by the City.  Fails to remain at a testing site until testing is complete.  In the case of directly observed or monitored collection, fails to permit observation or monitoring.  Fails or declines to take a second test as required by the City and/or collector.  Fails to undergo a medical examination as directed by the City pursuant to federal law.  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.  Engages in conduct that clearly obstructs the test process. Altering or attempting to alter a urine sample 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 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. 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 203 Page 145 of 150 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. 5. 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 and 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, generally speaking, 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 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. 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 the driver attempts and fails to provide an adequate amount of breath, he/she will be referred to a physician to determine if the driver’s inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the City by the collection site staff. Controlled Substance Testing 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 to ensure the driver’s privacy. 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 204 Page 146 of 150 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 a DHHS- 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 over 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 calendar 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 the driver has a medical condition, 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. 6. Review of Test Results The MRO is a licensed physician with knowledge and clinical experience in substance abuse disorders and is responsible for receiving and reviewing laboratory results of the controlled substances test as well as evaluating medical explanations for certain drug test results. Prior to making a final decision to verify a positive test result, the MRO will give the driver or the job applicant an opportunity to discuss the test result, typically through a phone call. 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 employee or job applicant wishes to discuss the test result:  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.  The individual will be afforded the opportunity to discuss the test results and to offer any additional or clarifying information which may explain the positive test result. If the employee or job applicant, believes a mistake was made at the collection site, at the labor, on a chain-of- custody form, or that the drug test results are caused by lawful substance use, the employee should tell the MRO.  If there is some new information which may affect the original finding, the MRO may request the laboratory to perform additional testing on the original specimen in order to further clarify the results; and 205 Page 147 of 150  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 upholds the positive, adulterated or substituted drug determination, that test result will be provided to the City. There is no opportunity to explain a positive alcohol test provided in the DOT regulations. 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. 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. 7. Notification of Test Results 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 through the MRO a re-analysis (confirmatory retest) of the driver’s split specimen. Action required by federal regulation as a result of a positive controlled substance test (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. Dilute Specimens Dilute Negatives Creatinine concentration of specimen is equal to or greater than 2 mg/dL, but less than or equal to 5 mg/dL. If the City receives information that a driver has provided a dilute negative specimen, the City will direct a recollection, pursuant to the MRO’s direction, under direct observation. 206 Page 148 of 150 8. Consequences for Drivers Engaging in Prohibited Conduct Job Applicants Any applicable conditional offer of employment will be withdrawn from a job applicant or employee seeking a transfer who refuses to be tested or tests positive for controlled substance pursuant to this policy. Employees Drivers who are known to have engaged in prohibited behavior with regard to alcohol misuse or use of controlled substance, as defined earlier in this policy, are subject to the following consequences:  Removal from Safety-Sensitive Functions No driver may perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law. No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may perform or continue to perform safety-sensitive functions for the City, including driving a commercial motor vehicle, until the start of the driver’s next regularly scheduled duty, but not less than twenty-four (24) hours following administration of the test. If a driver tests positive under this policy or is found to have an alcohol concentration of .02 or greater but less than .04, the driver will be removed from safety sensitive duties and escorted home; the driver should not drive home but be escorted to his or her home. The driver will then be placed on vacation, compensatory time or sick leave, for hours missed from work.  Notification of Resources Available The City will advise each driver who has engaged in conduct prohibited by federal law or who has a positive alcohol or controlled substance test of the resources available to the driver including the City’s EAP, in evaluating and resolving problems associated with the misuse of alcohol and use of a controlled substance, including the names, addresses, and telephone numbers of Substance Abuse Professionals and counseling and treatment programs.  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.  Evaluation, and Return to Duty Testing Should the City wish to consider reinstatement of a driver who engaged in conduct prohibited by federal law and/or who had a positive alcohol or controlled substance test, the driver must undergo a SAP evaluation, 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 and/or or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety-sensitive function. The SAP will determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled 207 Page 149 of 150 substance use and will ensure the driver properly follows any rehabilitation program and submits to unannounced follow-up alcohol and controlled substance testing.  Follow-Up Testing If the driver passes the return-to-duty test, he/she will be subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency for such follow- up testing will be as directed by the SAP and will consist of at least six tests in the first twelve months. These tests will be conducted under direct observation.  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.  Responsibility for Cost of Evaluation and Rehabilitation Drivers will be responsible for paying the cost of evaluation and rehabilitation (including services provided by a Substance Abuse Professional) 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.  Reporting to the FMCSA’s CDL Drug and Alcohol Clearinghouse 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 the following information to the Clearinghouse within three business days:  A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or greater;  A negative DOT return-to-duty test result;  The driver’s refusal to submit to a DOT test for drug or alcohol use;  Actual knowledge a driver has used alcohol or controlled substances, based on the employer’s direct observation, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, or an employee’s admission of alcohol or controlled substance abuse except as provided in § 382.121) of: o On duty alcohol use pursuant to § 382.205; o Pre-duty alcohol use pursuant to § 382.207; o Alcohol use following an accident pursuant to § 382.209; o Controlled substance use pursuant to § 382.213;  Employers will also report negative return-to-duty (RTD) test results and the successful completion of a driver’s follow-up testing plan as ordered by a SAP. 9. Loss of CDL License for Traffic Violations in Commercial and Personal Vehicles Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license holders can lose their CDL for certain traffic offenses in a commercial or personal vehicle. Employees are required to notify their supervisor immediately if the status of their CDL license changes in anyway. 208 Page 150 of 150 10. Maintenance and Disclosure of Records Except as required or authorized by law, the City will not release driver’s information that is contained in records required to be maintained by this policy or FMCSA and DOT regulations. As of 2020, the City will be required to query and report to the agency’s Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse prior to hiring new drivers, will conduct annual checks of existing CDL- drivers, and will report certain violations of the DOT drug and alcohol testing program for holders of CDLs. In addition, a driver is entitled, upon written request, to obtain copies of any records pertaining to the driver’s use of alcohol or a controlled substance, including any records pertaining to his or her alcohol or controlled substance tests. 11. Policy Contact for Additional Information If you have any questions about this policy or the City’s controlled substance and alcohol testing procedures, you may contact your immediate supervisor or Human Resources to obtain additional information. 209 Date: August 26, 2024 Item: 12 Presenter: Adam Edwards, City Administrator / Engineer Section: Presentations Title: Baker Park Reserve Long-Range Plan Presentation and Resolution of Support 7506 1.Purpose: Review and support the Three Rivers Park District Long-Range Plan for Baker Park Reserve 2.Background: Three Rivers Park District released a draft plan to improve Baker Park including the following highlights: Campground: Add winter camping and recreation offerings, add more camper cabins, redesign vehicular circulation at the campground entrance/exit, upgrade/expand electrical sites, and add a nature play exploration area. Lake Independence Recreation Area: Add an accessible fishing pier, improve shoreline fishing, and add reservable and non-reservable picnic pavilions. Outdoor Learning Center: Enhance nature-based programming offerings and facilities at the Outdoor Learning Center and Campground. Park-wide improvements: Add trail spurs to scenic overlooks, improve the West Trailhead, add bathrooms and a fishing pier at the Spurzem Lake boat launch, add flush toilets and a shower to the Marshview Group Camp, and potentially increase parking at the Public Safety area. Information was available and public comments on the plan were accepted through July 30 AGENDA ITEM 210 following the links below: Baker Park Plan Website Baker Park Plan Map Baker Park Plan 3.Staff Recommendation: Support the development plan for Baker Park COUNCIL ACTION REQUESTED Adopt resolution 7506 supporting Baker Park Reserve Long-Range Plan Exhibits Resolution 7506 Support for Baker Park Reserve Long-range Plan 211 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7506 A RESOLUTION OF SUPPORT FOR THE BAKER PARK RESERVE LONG-RANGE PLAN WHEREAS, The City of Orono recognizes Baker Park Reserve as an important component of the regional parks system providing natural resource protection and nature-based recreation to the residents of the city and the region; and WHEREAS, City staff have been working in partnership with Three Rivers Park District in development of the Long-range Plan to ensure long-range planning preserves Baker Park Reserve’s treasured areas while enhancing the recreational and educational offerings; and WHEREAS, The City of Orono recognizes that Three Rivers Park District has gathered significant public input in the development of the Baker Park Reserve Long-range Plan; and WHEREAS, The City of Orono recognizes that Three Rivers Park District has drafted the Baker Park Reserve Long-range Plan and accepted and responded to public comments appropriately; and WHEREAS, The Baker Park Reserve Long-range Plan is consistent with other approved local and regional plans; and WHEREAS, the City of Orono supports the design, implementation and operation of the Baker Park Reserve pursuant to the Long-range Plan; and NOW THEREFORE,BE IT RESOLVED that the City of Orono supports the Baker Park Reserve Long-range Plan. Adopted by the City Council of Orono, Minnesota at a regular meeting held on August 26, 2024. ATTEST:CITY OF ORONO _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 212 Date: August 26, 2024 Item: 13 Presenter: Maggie Jin, Finance Director Section: Presentations Title: Forest Lake and Crystal Bay Lake Improvement Districts (LID) 1.Purpose: Forest Lake and Crystal Bay property owners are interested in forming Lake Improvement Districts (LID) and would like to start a petition . Lake Minnetonka Association Director Eric Evenson and property owners from each LID will be present to provide information to the council. 2.Staff Recommendation: Provide input or direction for the Forest Lake and Crystal Bay Lake Improvement Districts. AGENDA ITEM COUNCIL ACTION REQUESTED Provide input or direction for the Forest Lake and Crystal Bay Lake Improvement Districts. Exhibits LID General Information Forest Lake LID Memo and Information Crystal Bay LID Memo and Information 213 Forming a Lake Improvement District by Citizen Petition, September 2023 1 Forming a Lake Improvement District by Citizen Petition Purpose This document provides information for citizens interested in forming a Lake Improvement District (LID) by citizen petition. It provides information on how to scope a lake improvement plan, build community support, and submit a LID proposal to the DNR. In addition to this overview, this packet includes: • LID Glossary of Terms • LID Submittal Checklist • LID Proposal Template with Instructions • Sample Resolution of LID Establishment What is a Lake Improvement District (LID)? A Lake Improvement District (LID), as defined by Minnesota Rules 6115.0920 Subpart 7, is: “a district formed around a lake in accordance with Minnesota Statutes, sections 103B.501 to 103B.581. A lake improvement district is a local unit of government established by resolution of appropriate county boards and/or city governing bodies, or by the commissioner [DNR], for the implementation of defined lake management projects and for the assessment of the costs thereof.” In short, LIDs are a special purpose type of government formed to pursue and fund programs or projects to address lake health problems, restore native habitat, or otherwise improve a lake. As such, it has some but not all the powers of a standard government and is always under the governance of the city or county with jurisdiction (the ‘parent government’). LID Powers & Limitations Powers LIDs can only pursue programs and projects related to the lake AND only for projects and programs that it has been authorized to pursue. This authorization comes from the parent government when it issues a resolution of establishment for the LID. For example, a LID could pursue shoreland restoration projects because they are related to the lake. It could also pursue forest restoration away from the lake if the restoration improved the lake (for example, if it reduced nutrient runoff into the lake). In both cases, these activities would have to be authorized in the resolution of establishment. However, if the resolution of establishment only authorized the 214 Forming a Lake Improvement District by Citizen Petition, September 2023 2 LID to ‘manage curlyleaf pondweed’, the LID could not pursue either restoration because it has not been authorized to do so. Finances As a special purpose type of government, LIDs have the ability to finance projects through various means - such as ad valorem taxes and assessments - but have no taxing authority of their own; taxes and fees are collected on their behalf by the parent government. There are also restrictions on what LIDs can spend money on, specifically: • funds must be spent on programs or projects that improve the lake; and • expenditures over a certain amount must be voted on and approved at the LID’s annual meeting. Boundary Like any type of government, the LID has boundaries established at its creation. All property within the boundary is considered part of the LID. The statutes and rules written to regulate LIDs were written under the expectation that the natural hydrologic boundaries (or lakeshed) of the lake would be the default boundary. Any boundary smaller than that requires review and approval from the DNR, with ultimate approval by the parent government. Ways to Form a LID LIDs can be formed by a city or county, or by private landowners directly via citizen petition to the city or county in which the lake is located. LIDs can also be formed by the Commissioner of the Department of Natural Resources (DNR), although this has never happened. Because the LID is a special purpose type of government, its creation must follow the processes laid out in Minnesota statute. Initiation and formation by city or county resolution is outlined in Minnesota Statutes 103B.515, and initiation by citizen petition is outlined in Minnesota Statutes 103B.521. This guidance focuses only on creating a LID by citizen petition. Forming a LID by Citizen Petition The first steps in forming a LID via citizen petition are preparatory, and consist of: 1. Understanding your lake and its problems. 2. Determining the programs, projects, and courses of actions that can be realistically undertaken to mitigate the problems identified in Step 1. 3. Spending time talking with, and listening to, your neighbors about how an LID could function to address the problems. 4. Establishing a regular relationship with the city or county that would with jurisdiction over the LID. These initial steps require a great deal of time and effort, but this investment will pay off later, so take your time on them. Since the entire point of establishing a LID is to improve the lake and mitigate its problems, you’ll need to have a deep understanding of what those problems are. Similarly, every lake is different, and a realistic 215 Forming a Lake Improvement District by Citizen Petition, September 2023 3 course of action for one lake may not work for another. For example, if your lake has a maximum depth of less than 20 feet and is almost entirely vegetated, it will never be an open water recreational paradise for high-speed watercraft. To learn more, talk to your DNR Area Hydrologist, local Soil and Water Conservation District, and/or your local watershed district or watershed management organization (if applicable). The following links will also take you to resources where you can learn more about your lake and how to help it: • The Watershed Health Assessment Framework (WHAF) (Click on “WHAF for Lakes.”)(MN DNR) • Minnesota Climate Trends Resources (MN DNR) • Minnesota Natural Shoreline Resources (MN DNR) • Lakefinder (MN DNR) • Lake and Flood Elevations (LFEO; MN DNR) • MPCA Water Monitoring Resources • Minnesota Lake Water Quality (MPCA) • Understanding Lake Ecology (USEPA) • Water on the Web • Information on Minnesota Watersheds • Minnesota Aquatic Invasive Species Research Center (University of Minnesota) • Streambank and Shoreline Restoration (BWSR) Investing in time talking with your neighbors about the lake and what a LID can do for it and getting their support is critical to its successful establishment and operation. These are the people that you will be petitioning for signatures in support of founding the LID, and if the LID is established, they will be your fellow citizens in it. They will be paying fees, assessments, or levies to fund the LID’s programs, which may be met with opposition if people don’t understand the benefits of the proposed LID’s programs, or if they think that they have been ignored in this process. People who feel ignored or left out may even get a newly established LID terminated by calling for a referendum to vote on its establishment, or they may be less willing to actively participate in the operation of the LID or serve on the Board of Directors. It also pays off to invest a significant amount of time early in the process working with your city or county staff. The city or county will collect fees on the LID’s behalf, provide you with much of the information needed to complete the formation process (such as parcel data), carry out various supervisory and administrative tasks related to the LID’s functioning, and make the decision on whether to establish the LID. This relationship is critical to the success of the LID. After you have completed this preparatory work, you can proceed with assembling the information required by Minnesota statutes and rules for a “Proposal to Form a LID by Citizen Petition.” These items are listed in the Lake Improvement District Submittal Checklist included in this packet. Once you have assembled all the required information into an organized document proposal with section headings and table of contents, it will be submitted to the city or county for signature verification. This submittal begins the official sequence of events that will determine whether the LID is approved and established as provided in Figure 1. A template for assembling a proposal, along with instructions, is included in this packet. 216 Forming a Lake Improvement District by Citizen Petition, September 2023 4 Figure 1: The step-by-step process for forming a LID by Citizen Petition. * A “complete” proposal includes ALL of the items required in Minnesota statute and listed in the LID submittal checklist. A “petition” is a subset of this. 217 Forming a Lake Improvement District by Citizen Petition, September 2023 5 Conclusion A LID is a special purpose type of government, and its purpose, formation, and operation must be carefully articulated, designed, and evaluated. The preparatory work and information required for a LID proposal is essential for an LID to function effectively and successfully, for city or county oversight, and for the DNR to evaluate the proposed plans and activities and provide the proposers with a useful advisory report. A thorough and well-crafted proposal will ultimately result in a more successful LID and a better lake. For further information, please contact Kathy Metzker, DNR Shoreland Hydrologist, at Kathleen.metzker@state.mn.us. 218 August 21, 2024 Dear Council Members: The “Friends of Forest Lake” are requesting the City of Orono to support the establishment of a "Forest Lake Improvement District" (Forest Lake LID) as proposed below and as authorized by Minnesota Statute § 103B.501-103B.581. The Forest Lake LID is needed to provide equitable and stable, ongoing funding for Forest Lake residents to manage existing aquatic invasive species (AIS), such as Eurasian water milfoil and curly leaf pondweed, and be positioned to deal with future AIS threats. In the past, homeowners have been successful in controlling Eurasian water milfoil and curly leaf pondweed in small areas; however, a lake wide approach is now needed and relying solely on voluntary funding is not a sustainable nor a reliable strategy to address future AIS prevention and control needs. It is hoped a LID can be established to oversee treatment programs beginning in 2025. Absent these treatments, Eurasian water milfoil and other invasive weeds will dominate Forest Lake to the detriment of property values, recreation, water quality, ecological health, and lake aesthetics. Forest Lake property owners, all city residents, and anyone who recreates or enjoys Forest Lake will benefit from the proposed Forest Lake LID. The LID will provide homeowners the ability to control invasive weeds, restore native ecology, improve fisheries, improve water quality, and improve recreational use. The Forest Lake LID will be funded by only those homeowners on Forest Lake or that have deeded access to the lake. The proposed boundary and list of addresses of the Forest Lake LID are attached. By statute, the majority of effected property owners must agree to the formation of a LID. We are well on the way of meeting this requirement and will continue to reach out to property owners before requesting further action from the City. Minnesota Statute § 459.20, gives cities the authority to establish LIDs. Such authority permits allows a city to create a Lake Improvement District. Once we have secured the required number of signatures, we will call on the City of Orono to pass a “A Resolution of Intent Regarding the Establishment of a Forest Lake Improvement District and hold a public hearing to establish the Forest Lake LID. Additional information is attached regarding LIDs. Residents from Forest Lake and representatives from the Lake Minnetonka Association will be available during the August 26th Orono City Council meeting to provide additional information and to answer any questions you may have. Sincerely, L. Eric Evenson L. Eric Evenson, Lake Minnetonka Association On behalf of the “Friends of Forest Lake” Cc Sapa Carlson, Forest Lake Susie Eastman, Forest Lake Lori Anderson, Forest Lake 219 Forest Lake Improvement District Petition PETITION FOR THE ESTABLISHMENT OF A LAKE IMPROVEMENT DISTRICT To the city of Orono: The undersigned property owners are requesting the City of Orono establish the “Forest Lake Improvement District” (FLID) as proposed below. The FLID is needed to provide an equitable and stable ongoing funding for Forest Lake residents to manage existing aquatic invasive species (AIS), such as Eurasian Watermilfoil in Forest Bay and be positioned to deal with future AIS threats. Voluntary small-scale treatments in past years have been successful but bay-wide treatments are now needed to control Eurasian watermilfoil, curly leaf pondweed and other AIS in Forest Lake. Absent these treatments, Eurasian watermilfoil and other invasive plants will dominate Forest Lake to the detriment of property values, recreational water activities, water quality, lake health and appearance. The benefits to the property owners, as well as outside users of Forest Lake from the proposed FLID would be improved recreational uses of the Bay, a return to its natural appearance, and providing a healthy Bay for native aquatic species. As stated, the FLID is needed to provide an equitable and stable source of funding to help continually manage towards a healthier Bay. The proposed boundaries of the FLID are properties with direct or deeded access to the Lake or its coves/channels beginning with the parcel located directly northeast of the CR 19 Bridge (PID 0711723420041, 1375 Vine Place, Orono) and all other parcels located in a counter clockwise direction around the bay ending with the parcel located directly northwest of the CR 19 bridge (PID: 0711723310013 448 Northshore Drive, Orono). All of these properties would benefit from the FLID improvements. The FLID would have five (5) directors all of who own property on the lake or have deeded access and who would be elected at an annual meeting of the property owners. The initial directors would be appointed City of Orono (5 directors). It is requested that the City of Orono provide administrative support and oversight for the FLID. 220 Hennepin County Locate & Notify Map 0 410 820205 Feet Date: 8/1/2024 Buffer Size:5 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 221 PID ADDRESS CITY_STATE_ZIP 38 07-117-23 12 0002 975 WILDHURST TR ORONO MN 55364 38 07-117-23 12 0003 993 WILDHURST TR ORONO MN 55364 38 07-117-23 12 0009 805 FOREST ARMS LA ORONO MN 55364 38 07-117-23 12 0010 815 FOREST ARMS LA ORONO MN 55364 38 07-117-23 12 0011 825 FOREST ARMS LA ORONO MN 55364 38 07-117-23 12 0012 835 FOREST ARMS LA ORONO MN 55364 38 07-117-23 12 0013 855 FOREST ARMS LA ORONO MN 55364 38 07-117-23 12 0014 875 FOREST ARMS LA ORONO MN 55364 38 07-117-23 12 0015 895 FOREST ARMS LA ORONO MN 55364 38 07-117-23 12 0016 4265 FOREST LAKE DR ORONO MN 55364 38 07-117-23 12 0023 38 ADDRESS UNASSIGNED ORONO MN 00000 38 07-117-23 12 0024 38 ADDRESS UNASSIGNED ORONO MN 00000 38 07-117-23 12 0025 4225 FOREST LAKE DR ORONO MN 55364 38 07-117-23 12 0026 4215 FOREST LAKE DR ORONO MN 55364 38 07-117-23 12 0027 4205 FOREST LAKE DR ORONO MN 55364 38 07-117-23 13 0092 1005 LINDEN LA ORONO MN 55364 38 07-117-23 13 0093 1015 LINDEN LA ORONO MN 55364 38 07-117-23 13 0094 1027 LINDEN LA ORONO MN 55364 38 07-117-23 13 0095 1045 LINDEN LA ORONO MN 55364 38 07-117-23 13 0216 998 WILDHURST TR ORONO MN 55364 38 07-117-23 13 0217 1000 WILDHURST TR ORONO MN 55364 38 07-117-23 14 0015 1067 LINDEN LA ORONO MN 55364 38 07-117-23 14 0023 1101 NORTH ARM DR ORONO MN 55364 38 07-117-23 14 0026 1137 ELMWOOD AVE ORONO MN 55364 38 07-117-23 14 0027 1141 ELMWOOD AVE ORONO MN 55364 38 07-117-23 14 0030 1179 ELMWOOD AVE ORONO MN 55364 38 07-117-23 14 0059 1199 ELMWOOD AVE ORONO MN 55364 38 07-117-23 14 0066 1065 LINDEN LA ORONO MN 55364 38 07-117-23 14 0069 1153 ELMWOOD AVE ORONO MN 55364 38 07-117-23 14 0073 1161 ELMWOOD AVE ORONO MN 55364 38 07-117-23 14 0075 1121 NORTH ARM DR ORONO MN 55364 38 07-117-23 21 0003 995 WILDHURST TR ORONO MN 55364 38 07-117-23 21 0004 997 WILDHURST TR ORONO MN 55364 38 07-117-23 21 0005 999 WILDHURST TR ORONO MN 55364 38 07-117-23 21 0015 4455 WEST BRANCH RD ORONO MN 55364 38 07-117-23 21 0018 1007 WILDHURST TR ORONO MN 55364 38 07-117-23 21 0019 1003 WILDHURST TR ORONO MN 55364 38 07-117-23 24 0005 4445 FOREST LAKE LANDING ORONO MN 55364 38 07-117-23 24 0007 1186 WILDHURST TR ORONO MN 55364 38 07-117-23 24 0011 1080 WILDHURST TR ORONO MN 55364 38 07-117-23 24 0015 4460 FOREST LAKE LANDING ORONO MN 55364 38 07-117-23 24 0016 4450 FOREST LAKE LANDING ORONO MN 55364 38 07-117-23 24 0017 4440 FOREST LAKE LANDING ORONO MN 55364 38 07-117-23 24 0027 1146 WILDHURST TR ORONO MN 55364 38 07-117-23 24 0037 4455 FOREST LAKE LANDING ORONO MN 55364 38 07-117-23 24 0038 4465 FOREST LAKE LANDING ORONO MN 55364 38 07-117-23 24 0040 4470 FOREST LAKE LANDING ORONO MN 55364 38 07-117-23 24 0041 1090 WILDHURST TR ORONO MN 55364 222 38 07-117-23 24 0042 4480 FOREST LAKE LANDING ORONO MN 55364 38 07-117-23 24 0045 1006 WILDHURST TR ORONO MN 55364 38 07-117-23 24 0046 1074 WILDHURST TR ORONO MN 55364 38 07-117-23 24 0047 4415 FOREST LAKE LANDING ORONO MN 55364 38 07-117-23 31 0008 4496 NORTH SHORE DR ORONO MN 55364 38 07-117-23 31 0009 4480 NORTH SHORE DR ORONO MN 55364 38 07-117-23 31 0010 4470 NORTH SHORE DR ORONO MN 55364 38 07-117-23 31 0013 4448 NORTH SHORE DR ORONO MN 55364 38 07-117-23 31 0015 1270 WILDHURST TR ORONO MN 55364 38 07-117-23 31 0026 1284 WILDHURST TR ORONO MN 55364 38 07-117-23 31 0029 4510 NORTH SHORE DR ORONO MN 55364 38 07-117-23 31 0030 4500 NORTH SHORE DR ORONO MN 55364 38 07-117-23 31 0035 1355 VINE PL ORONO MN 55364 38 07-117-23 31 0036 1214 WILDHURST TR ORONO MN 55364 38 07-117-23 31 0037 1200 WILDHURST TR ORONO MN 55364 38 07-117-23 31 0039 4460 NORTH SHORE DR ORONO MN 55364 38 07-117-23 31 0042 1298 WILDHURST TR ORONO MN 55364 38 07-117-23 31 0043 1300 WILDHURST TR ORONO MN 55364 38 07-117-23 41 0016 1205 ELMWOOD AVE ORONO MN 55364 38 07-117-23 41 0017 1265 ELMWOOD AVE ORONO MN 55364 38 07-117-23 41 0018 1295 ELMWOOD AVE ORONO MN 55364 38 07-117-23 41 0021 1310 ELMWOOD AVE ORONO MN 55364 38 07-117-23 41 0079 1375 PARK DR ORONO MN 55364 38 07-117-23 41 0080 1365 PARK DR ORONO MN 55364 38 07-117-23 41 0081 1331 NORTH ARM DR ORONO MN 55364 38 07-117-23 41 0082 1359 PARK DR ORONO MN 55364 38 07-117-23 41 0086 1345 NORTH ARM DR ORONO MN 55364 38 07-117-23 41 0088 1304 ELMWOOD AVE ORONO MN 55364 38 07-117-23 42 0001 1310 VINE PL ORONO MN 55364 38 07-117-23 42 0002 1300 VINE PL ORONO MN 55364 38 07-117-23 42 0003 1325 VINE PL ORONO MN 55364 38 07-117-23 42 0004 1345 VINE PL ORONO MN 55364 38 07-117-23 42 0012 1399 PARK DR ORONO MN 55364 38 07-117-23 42 0016 1405 PARK DR ORONO MN 55364 38 07-117-23 42 0019 1423 PARK DR ORONO MN 55364 38 07-117-23 42 0020 1435 PARK DR ORONO MN 55364 38 07-117-23 42 0021 1447 PARK DR ORONO MN 55364 38 07-117-23 42 0022 1453 PARK DR ORONO MN 55364 38 07-117-23 42 0023 4300 NORTH SHORE DR ORONO MN 55364 38 07-117-23 42 0024 4330 NORTH SHORE DR ORONO MN 55364 38 07-117-23 42 0030 1350 VINE PL ORONO MN 55364 38 07-117-23 42 0031 1340 VINE PL ORONO MN 55364 38 07-117-23 42 0037 1360 VINE PL ORONO MN 55364 38 07-117-23 42 0038 1379 PARK DR ORONO MN 55364 38 07-117-23 42 0039 4340 NORTH SHORE DR ORONO MN 55364 38 07-117-23 42 0041 1375 VINE PL ORONO MN 55364 38 07-117-23 42 0042 1415 PARK DR ORONO MN 55364 223 August 21, 2024 Dear Council Members: The “Friends of Crystal Bay” are requesting the City of Orono to support the establishment of a "Crystal Bay Lake Improvement District" (CBLID) as proposed below and as authorized by Minnesota Statute § 103B.501-103B.581. The CBLID is needed to provide equitable and stable, ongoing funding for Crystal Bay residents to manage existing aquatic invasive species (AIS), such as Eurasian water milfoil and curly leaf pondweed, and be positioned to deal with future AIS threats. In the past, homeowners have been successful in controlling Eurasian water milfoil and curly leaf pondweed in small areas; however, a lake wide approach is now needed and relying solely on voluntary funding is not a sustainable nor a reliable strategy to address future AIS prevention and control needs. It is hoped a LID can be established to oversee treatment programs beginning in 2025. Absent these treatments, Eurasian water milfoil and other invasive weeds will dominate Crystal Bay to the detriment of property values, recreation, water quality, ecological health, and lake aesthetics. Crystal Bay property owners, all city residents, and anyone who recreates or enjoys Crystal Bay will benefit from the proposed CBLID. The LID will provide homeowners the ability to control invasive weeds, restore native ecology, improve fisheries, improve water quality, and improve recreational use. The Crystal Bay LID will be funded by only those homeowners on Crystal Bay or that have deeded access to the lake. The proposed boundary and list of addresses of the CBLID are attached. By statute, the majority of effected property owners must agree to the formation of a LID. We are well on the way of meeting this requirement and will continue to reach out to property owners before requesting further action from the City. Minnesota Statute § 459.20, gives cities the authority to establish LIDs. Such authority permits allows a city to create a Lake Improvement District. Once we have secured the required number of signatures, we will call on the City of Orono to pass a “A Resolution of Intent Regarding the Establishment of a Crystal Bay Lake Improvement District and hold a public hearing to establish the Crystal Bay LID. Additional information is attached regarding LIDs. Residents from Crystal Bay and representatives from the Lake Minnetonka Association will be available during the August 26th Orono City Council meeting to provide additional information and to answer any questions you may have. Sincerely, L. Eric Evenson L. Eric Evenson, Lake Minnetonka Association On behalf of the “Friends of Crystal Bay” Cc Friends of Crystal Bay: David Burda, Sean Foy, Dale Olsen, Greg Blasko, Tom Keller, Brian Peters, Richie Anderson, and Dan Martinson 224 Crystal Bay Lake Improvement District Petition PETITION FOR THE ESTABLISHMENT OF A LAKE IMPROVEMENT DISTRICT To the cities of Orono and Minnetonka Beach and to Hennepin County: The undersigned property owners are requesting the cities of Orono and Minnetonka Beach to establish a “Crystal Bay Lake Improvement District” (CrBLID) as proposed below. The CrBLID is needed to provide equitable and stable ongoing funding for Crystal Bay residents to manage existing aquatic invasive species (AIS), such as Eurasian Watermilfoil on Crystal Bay and be positioned to deal with future AIS threats. Voluntarily funded Bay wide treatments in the past have been very successful in controlling Eurasian watermilfoil and curly leaf pondweed on bays in Lake Minnetonka. Absent these treatments, Eurasian watermilfoil and other invasive plants will dominate Crystal Bay to the detriment of property values, recreational water activities, water quality, general lake health and appearance. The benefits to the property owners as well as outside users of Crystal Bay from the proposed CrBLID will be: control of invasive species, improved recreational uses, a return to the bay’s natural appearance, and providing a healthy Bay for native aquatic species. The Crystal Bay Lake Improvement District is needed to provide an equitable and stable source of funding to help continually manage towards a healthier Bay. The proposed boundaries of the CrBLID are properties with direct or deeded access to the Bay or its coves/channels beginning with the parcel located directly northwest of the CR 15 Bridge (PID 1511723230001 2090 Shoreline Drive, Orono) and all other parcels located in a counter clockwise direction around the bay ending with the parcel located directly southwest of the CR 15 bridge (PID: 1511723320082, 2508 Arcola Lane, Minnetonka Beach). All of these properties would benefit from the CrBLID improvements. The CrBLID would have seven (5) directors all of who own property on the bay or have deeded access and who would be elected at an annual meeting of the property owners. The initial directors would be appointed by the City Minnetonka Beach (2 directors) and the City of Orono (3 directors). It is requested that the City of Orono provide administrative support and oversight for the CrBLID. 225 Proposed Crystal Bay Lake Improvement District 226 Proposed Crystal Bay Lake Improvement District 227 PID ADDRESS CITY_STATE_ZIP 38 08-117-23 34 0007 3645 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0008 3635 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0009 3625 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0010 3619 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0011 3605 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0019 3570 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0020 3580 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0050 3655 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0051 3669 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0052 3675 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0055 3550 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0056 3587 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0065 3683 NORTH SHORE DR ORONO MN 55391 38 08-117-23 34 0066 3685 NORTH SHORE DR ORONO MN 55391 38 08-117-23 41 0012 3324 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0008 3510 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0009 3520 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0010 3530 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0011 3540 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0012 3470 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0013 3480 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0014 3490 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0015 3498 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0016 3400 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0017 3410 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0018 3420 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0019 3440 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0021 3450 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0022 3444 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0024 3448 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0025 3458 NORTH SHORE DR ORONO MN 55391 38 08-117-23 43 0026 3460 NORTH SHORE DR ORONO MN 55391 38 08-117-23 44 0008 3260 BOHNS POINT LA ORONO MN 55391 38 08-117-23 44 0009 3265 BOHNS POINT LA ORONO MN 55391 38 08-117-23 44 0011 38 ADDRESS UNASSIGNED ORONO MN 00000 38 08-117-23 44 0024 1595 BOHNS POINT RD ORONO MN 55391 38 08-117-23 44 0025 1535 BOHNS POINT RD ORONO MN 55391 38 08-117-23 44 0026 1565 BOHNS POINT RD ORONO MN 55391 38 09-117-23 31 0001 3017 NORTH SHORE DR ORONO MN 55391 38 09-117-23 32 0001 3065 NORTH SHORE DR ORONO MN 55391 38 09-117-23 32 0013 3115 NORTH SHORE DR ORONO MN 55391 38 09-117-23 32 0014 3095 NORTH SHORE DR ORONO MN 55391 38 09-117-23 32 0015 3085 NORTH SHORE DR ORONO MN 55391 38 09-117-23 32 0016 3105 NORTH SHORE DR ORONO MN 55391 Crystal Bay Lake Improvement District PID & Addresses 228 38 09-117-23 32 0018 3135 NORTH SHORE DR ORONO MN 55391 38 09-117-23 32 0021 3055 NORTH SHORE DR ORONO MN 55391 38 09-117-23 33 0001 3155 NORTH SHORE DR ORONO MN 55391 38 09-117-23 33 0002 3165 NORTH SHORE DR ORONO MN 55391 38 09-117-23 33 0003 1420 BOHNS POINT RD ORONO MN 55391 38 09-117-23 33 0004 1480 BOHNS POINT RD ORONO MN 55391 38 09-117-23 33 0005 1500 BOHNS POINT RD ORONO MN 55391 38 09-117-23 33 0006 1520 BOHNS POINT RD ORONO MN 55391 38 09-117-23 33 0007 1540 BOHNS POINT RD ORONO MN 55391 38 09-117-23 33 0008 1580 BOHNS POINT RD ORONO MN 55391 38 09-117-23 33 0013 3145 NORTH SHORE DR ORONO MN 55391 38 09-117-23 41 0002 2515 NORTH SHORE DR ORONO MN 55391 38 09-117-23 41 0003 2545 NORTH SHORE DR ORONO MN 55391 38 09-117-23 41 0004 2565 NORTH SHORE DR ORONO MN 55391 38 09-117-23 42 0001 2655 NORTH SHORE DR ORONO MN 55391 38 09-117-23 42 0002 2605 NORTH SHORE DR ORONO MN 55391 38 09-117-23 42 0003 2625 NORTH SHORE DR ORONO MN 55391 38 09-117-23 42 0004 2685 NORTH SHORE DR ORONO MN 55391 38 09-117-23 42 0005 2683 NORTH SHORE DR ORONO MN 55391 38 09-117-23 44 0003 2425 NORTH SHORE DR ORONO MN 55391 38 09-117-23 44 0008 2455 NORTH SHORE DR ORONO MN 55391 38 09-117-23 44 0009 2445 NORTH SHORE DR ORONO MN 55391 38 09-117-23 44 0010 2435 NORTH SHORE DR ORONO MN 55391 38 09-117-23 44 0012 2465 NORTH SHORE DR ORONO MN 55391 38 09-117-23 44 0013 2485 NORTH SHORE DR ORONO MN 55391 38 10-117-23 33 0001 2385 NORTH SHORE DR ORONO MN 55391 38 10-117-23 33 0005 2265 NORTH SHORE DR ORONO MN 55391 38 10-117-23 33 0006 2285 NORTH SHORE DR ORONO MN 55391 38 15-117-23 22 0001 2165 NORTH SHORE DR ORONO MN 55391 38 15-117-23 23 0001 2090 SHORELINE DR ORONO MN 55391 38 16-117-23 22 0001 1600 BOHNS POINT RD ORONO MN 55391 38 16-117-23 22 0002 1640 BOHNS POINT RD ORONO MN 55391 38 16-117-23 22 0003 1700 BOHNS POINT RD ORONO MN 55391 38 16-117-23 22 0007 1725 BOHNS POINT RD ORONO MN 55391 38 16-117-23 22 0008 1720 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0002 1655 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0003 1625 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0005 1629 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0006 1635 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0007 1645 BOHNS POINT RD ORONO MN 55391 38 17-117-23 21 0011 3705 NORTH SHORE DR ORONO MN 55391 38 17-117-23 21 0012 1620 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0013 1640 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0014 1650 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0015 1670 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0016 1680 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0017 1690 SHADYWOOD RD ORONO MN 55391 229 38 17-117-23 21 0018 1710 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0019 1720 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0020 1740 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0021 1750 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0022 1760 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0023 1770 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0024 1780 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0025 1790 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0026 1800 SHADYWOOD RD ORONO MN 55391 38 17-117-23 21 0027 1810 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0004 1880 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0015 1820 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0016 1840 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0017 1856 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0018 1860 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0019 1890 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0020 1910 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0021 1920 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0022 1930 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0023 1940 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0024 1966 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0025 1972 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0026 1978 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0027 1990 SHADYWOOD RD ORONO MN 55391 38 17-117-23 24 0028 1998 SHADYWOOD RD ORONO MN 55391 38 17-117-23 31 0001 2000 SHADYWOOD RD ORONO MN 55391 38 17-117-23 31 0002 2016 SHADYWOOD RD ORONO MN 55391 38 17-117-23 31 0011 2024 SHADYWOOD RD ORONO MN 55391 38 17-117-23 31 0012 2032 SHADYWOOD RD ORONO MN 55391 38 17-117-23 31 0013 2040 SHADYWOOD RD ORONO MN 55391 38 17-117-23 31 0016 2080 SHADYWOOD RD ORONO MN 55391 38 17-117-23 31 0041 2100 SHADYWOOD RD ORONO MN 55391 38 17-117-23 31 0042 2092 SHADYWOOD RD ORONO MN 55391 38 17-117-23 31 0052 2060 SHADYWOOD RD ORONO MN 55391 38 17-117-23 41 0009 3235 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0010 3215 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0011 3205 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0012 3255 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0013 3295 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0014 3265 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0015 3285 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0016 3309 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0017 3315 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0018 3325 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0019 3329 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0021 3339 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0022 3345 CRYSTAL BAY RD ORONO MN 55391 230 38 17-117-23 41 0023 3349 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0024 3355 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0025 3359 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 41 0034 3335 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 42 0001 2240 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0002 2232 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0003 2224 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0004 2216 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0005 2208 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0006 2200 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0007 2190 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0008 2184 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0009 2178 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0010 2172 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0011 2166 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0012 2142 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0013 2138 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0016 2118 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0017 2106 SHADYWOOD RD ORONO MN 55391 38 17-117-23 42 0020 2130 SHADYWOOD RD ORONO MN 55391 38 17-117-23 43 0116 3407 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 43 0118 3415 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 43 0121 3445 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 43 0124 2264 SHADYWOOD RD ORONO MN 55391 38 17-117-23 43 0125 2256 SHADYWOOD RD ORONO MN 55391 38 17-117-23 43 0126 2248 SHADYWOOD RD ORONO MN 55391 38 17-117-23 44 0016 3365 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 44 0017 3369 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 44 0018 3375 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 44 0019 3385 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 44 0020 3393 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 44 0021 3399 CRYSTAL BAY RD ORONO MN 55391 38 17-117-23 44 0022 3405 CRYSTAL BAY RD ORONO MN 55391 82 15-117-23 32 0060 2514 ARCOLA LA MINNETONKA BEACH MN 55391 82 15-117-23 32 0061 2520 ARCOLA LA MINNETONKA BEACH MN 55391 82 15-117-23 32 0062 2526 ARCOLA LA MINNETONKA BEACH MN 55391 82 15-117-23 32 0063 2532 ARCOLA LA MINNETONKA BEACH MN 55391 82 15-117-23 32 0064 2538 ARCOLA LA MINNETONKA BEACH MN 55391 82 15-117-23 32 0082 2508 ARCOLA LA MINNETONKA BEACH MN 55391 82 16-117-23 13 0002 2800 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 31 0002 1916 COTTAGE LA MINNETONKA BEACH MN 55391 82 16-117-23 31 0003 1922 COTTAGE LA MINNETONKA BEACH MN 55391 82 16-117-23 31 0004 1928 COTTAGE LA MINNETONKA BEACH MN 55391 82 16-117-23 31 0005 2922 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 31 0008 2932 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 31 0009 2944 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 31 0010 2950 NORTHVIEW RD MINNETONKA BEACH MN 55391 231 82 16-117-23 31 0011 1901 LAKE RD MINNETONKA BEACH MN 55361 82 16-117-23 31 0049 3004 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 31 0054 2928 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0010 3144 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0011 3138 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0012 3150 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0013 3156 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0044 3010 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0045 3016 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0046 3104 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0047 3028 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0048 3034 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0049 3040 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0050 3022 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0051 3110 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0052 3132 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0053 3126 NORTHVIEW RD MINNETONKA BEACH MN 55391 82 16-117-23 32 0054 82 ADDRESS UNASSIGNED MINNETONKA BEACH MN 00000 82 16-117-23 41 0017 2554 ARCOLA LA MINNETONKA BEACH MN 55391 82 16-117-23 41 0019 2615 WOODBRIDGE RD MINNETONKA BEACH MN 55391 82 16-117-23 41 0020 2625 WOODBRIDGE RD MINNETONKA BEACH MN 55391 82 16-117-23 41 0021 2633 WOODBRIDGE RD MINNETONKA BEACH MN 55391 82 16-117-23 41 0022 2639 WOODBRIDGE RD MINNETONKA BEACH MN 55391 82 16-117-23 41 0023 2651 WOODBRIDGE RD MINNETONKA BEACH MN 55391 82 16-117-23 41 0031 2603 WOODBRIDGE RD MINNETONKA BEACH MN 55391 82 16-117-23 41 0032 2605 WOODBRIDGE RD MINNETONKA BEACH MN 55391 82 16-117-23 41 0037 2657 WOODBRIDGE RD MINNETONKA BEACH MN 55361 82 16-117-23 42 0028 2663 WOODBRIDGE RD MINNETONKA BEACH MN 55391 232 Date: August 26, 2024 Item: 14 Presenter: Adam Edwards, City Administrator / Engineer Section: City Administrator/Engineer Report Title: Work Session Schedule 1.Purpose: The purpose of the action item is to forecast future work session agendas. 2. Date Subject Date Subject 8 Jan Annual Appointments 8 Jul 22 Jan Recodification-streets, utilities, parks 22 Jul General Fund Budget Update 12 Feb Average Lakeshore Setback (Part 3)12 Aug Average Lakeshore Setback (Part 5) Cannabis Discussion 26 Feb Interview Commissioner Applicants (Parks/Planning)-- if needed; Police Department Canine Program Overview 26 Aug Enterprise Budget Update 11 Mar Elected and appointed official civility; tech use at the dais; appropriate use of staff time 9 Sep Preliminary Levy / Budget 8 Apr Street Maintenance 2025 Meeting Minutes 23 Sep Public Works service activities update (Brush compost, cleanup day...) 22 Apr 14 Oct Draft Capital Improvement Plans 13 May Street Maintenance 2025 (Part 2) 28 Oct Draft Capital Improvement Plans 28 May Grants Primer 12 Nov Public Safety Departments Updates (Goals, Metrics) 10 Jun Average Lakeshore Setback (Part 4) Driveway Width within the Shoreland 25 Nov City Tree Plan Development Update. Fee Schedule Update 24 Jun Preliminary Budget Guidance 2025 9 Dec Council Vision and Goal Setting Background: This is an opportunity for council members to propose and agree to future work session topics. Work session meetings are at 5 pm on the same days as 6 pm regular council meetings. The table below lists upcoming proposed subjects and dates. 3.Process: There are three new subjects proposed on the calendar for work sessions. They are: a. Public Works service activities update (Brush compost, cleanup day...). The public works superintendent will review the services the department provides such as the brush site and clean up days. AGENDA ITEM 233 b. Public Safety Departments Updates (Goals, Metrics). The Police and Fire departments will provide updates to the council on the data they collect and track. c. City Tree Plan Development Update. Staff will provide an update on the development of the city's tree management plan. 4.Staff Recommendation: I recommend the next work session occur as scheduled. COUNCIL ACTION REQUESTED Move to approve the draft work session schedule. 234 Date: August 26, 2024 Item: 15 Presenter: Adam Edwards, City Administrator / Engineer Section: Council Committee Reports Title: Council Committee Reports 1.Purpose: The purpose of the agenda item is for the Orono council members to update one another on recent council committee meetings. 2.Last Meeting: The following Committee meetings occurred since the last Council meeting: A. Communication committee met on August 22, 2024. 3.Members: A. Communications Committee. Council Members. Mayor Walsh & Maria Veach City Staff Members. Adam Edwards and Nola Dickhousen AGENDA ITEM COUNCIL ACTION REQUESTED Discussion Item - no formal action required. 235 Date: August 26, 2024 Item: 16 Presenter: Adam Edwards, City Administrator / Engineer Section: Closed Session Title: Closed session to discuss Barbara Schmidt vs. City of Orono (Crt. File 27- CV-21-7769)(Crt. Of Appeals A24-0089) 1.Purpose: The City Council may close the meeting as permitted by Minn. Stat. §13D.05 subd.3(c)(3) to hold a confidential, attorney-client privileged discussion of legal rights and remedies, potential legal action, and strategy regarding the Barbara Schmidt v. Orono litigation. 2.Staff Recommendation: None AGENDA ITEM COUNCIL ACTION REQUESTED None 236