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HomeMy WebLinkAbout2019-06-18 CC Agenda Packet216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING June 18, 2019 REGULAR MEETING 7:00 P.M. I.CALL TO ORDER II.ROLL CALL III.PLEDGE OF ALLEGIANCE IV.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1.2019 Lumberjack Days Presentation V.OPEN FORUM ‐ the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VI.STAFF REPORTS 2.Police Chief 3.Fire Chief 4.City Clerk – The Wall That Heals 5.Community Development Director 6.Public Works Director 7.Finance Director 8.City Attorney 9.City Administrator VII.CONSENT AGENDA ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10.June 4, 2019 regular and recessed meeting minutes 11.Payment of Bills 12.CPC Case No. 2019‐16 amending City Code Chapter 31, Zoning, Chapter 32, Subdivision Ordinance – Ordinance 2nd Reading 13.CPC Case No. 2019‐16 amending City Code Chapter 35, Stormwater Drainage, specifically affecting the stormwater design standards and submittal, review, and permitting processes and requirements – Ordinance 2nd Reading 14.Amending 2019 Fee Schedule ‐ Resolution 15.St. Mary’s Catholic Church Events 16.New On Sale Liquor License for The Lodge 17.Board of Water Commission Reappointment of Karen Jensen 18.Benson Boulevard Neighborhood Drainage Project VIII.PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. 19.Case 2019‐23 to consider a Zoning Text Amendment to amend city code pertaining to the citing of wireless towers. Notice was published in the Stillwater Gazette on Friday, May 10, 2019 – Ordinance 1st Reading 20.Ordinance amending City Code Section 35‐25 (d): Regulations for Commercial Lawn Fertilizer Applicators. Notice was published in the Stillwater Gazette on Friday, May 31, 2019 – Ordinance 1st Reading IX.UNFINISHED BUSINESS X.NEW BUSINESS 21.Revised Employment Policy Manual ‐ Resolution 22.Chicken Keeping Permit for 2509 Hidden Valley Ln 23.Short Term Home Rental Ordinance Amendment Request 24.Maple Island Brewery Bands for the Brave Event 25.General Obligation Capital Outlay Bonds, Series 2019A – Preliminary Resolution XI.COUNCIL REQUEST ITEMS XII.CLOSED SESSION 26.Pursuant to Minn. Stat. §13D.05, subd. 3(b) to discuss attorney‐client privileged communication regarding 121 Chestnut Street East 27.Pursuant to Minn. Stat. §13D.05, subd. 3(b) to discuss attorney‐client privileged communication regarding 106 Chestnut Street East XIII.ADJOURN 2018-2019 State Legislative Session Update June 18,2019 Legislature's Special Session concluded on May 25, 2019 @ 7:00 AM after 21 hours of deliberation. The legislature passed FY2020-21 state budget in the amount of$48.5 billion, an increase of 6.4%over the FY2018-19. Several other major bills were also passed in the special session. Brief Summary of Legislation *Local Government Aid (LGA)—increase of$26M (over 2019 base) in FY 2020 and $30M in 2021. Stillwater-increase of$58,004 in 2020 (2019 LGA= $736,496). •Transportation—No new transportation taxes or fees included in bill. -Municipal State Aid Funds (MSA) — an increase of$16M each year of the biennium, specific impact to Stillwater to be determined. -MNLARS - $55.67M included to fund replacement Vehicle Title &Registration System; $2.25 surcharge on driver's license & license plate issuance+ $1 filing fee added for funding. •Housing—created a legislative commission on housing affordability focused on owner—occupied and rental housing affordability—comprised of 8 legislators, two from each caucus. -Study issues related to housing affordability and construction, preservation and rehab of owner-occupied and rental housing; -Provide the legislature with research and analysis of emerging issues affecting housing affordability and homeownership access; -Provide the legislature with research and analysis of policies to reduce the homeownership equity gap; -Review and make recommendations on legislative and rulemaking proposals positively impacting personal housing affordability. •Environment—Emerald Ash Borer Mitigation Funding- $300,000 appropriated to DNR for grants to local governments to replace ash trees from public lands. $700,000 to DHR for grants to local governments to establish management plans to replace ash trees. Matching grants up to 75% of costs. One-time appropriations. •Human Resources — Employee earning statements must now include: the rates of pay and basis thereof, including whether the employee is paid by hour, shift, day, week, salary, piece. commission or other method; allowances, if any, claimed pursuant to permitted meals and lodging; the physical address of the employer's main office or principal place of business, and a mailing address if different, and the telephone number of the employer. Employer must also provide at start of employment, a written notice to the employee containing information on: rate of pay, allowances,paid leave, employee's employment status, a list of deductions, days in the pay period, and the legal name,address and telephone number of the employer. The employer must keep a copy of the notice and provide the employee any written changes. ORDINANCE AN ORDINANCE AMENDING ARTICLE 31-325,ALLOWABLE USES IN NON- RESIDENTIAL DISTRICTS,AND ARTICLE 31-512, REGULATION OF RADIO AND TELEVISION TOWERS OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Article 31-325 of the City Code, Allowable uses in non- residential districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS � E BP- BP- CA CBD VC 3 C F O BP-I CRD PA PWFD PROS Wireless Communication Services Towers and Antennae € i CUP CUP CUP CUP CUP CUP SECTION 2. AMENDMENT. Article 31-512 Subd. 5 of the City Code, Regulation of radio wireless telecommunication services, is hereby amended as follows: Subd. 5. Central business district(CBD) and professional administrative(PA) district. Any person, firm or corporation erecting an antenna in central business and professional administrative districts shall meet the following requirements: a) Towers are not allowed in the CBD and PA districts. b) Antennas are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting and character of downtown and its historic buildings and the national register historic district. c) All support service equipment for towers must be enclosed within an existing building or located and screened so as to be hidden from public view from the street or above. cad) Notwithstanding Subd. 5(c), all small wireless support structures and small wireless facilities shall comply with Article 24-35. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk,the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance indicates wireless communication towers and antennae may be allowed by conditional use permit in the PA, PWFD, and PROS zoning districts. j971 nairut, 9-1,‘- I a WI a _.6--24(7- IC1431Z- 6 1/ a6/1,17-- 14cc,4' e...._ a/1,1 _k) 5 It P sykr _Nog ct_ 14etioicuanQLL 4 e _ _____ ______ ____________ _______ _ __ A:_l___Sfaix_s_ i__ ____ 1 ice----K7---h— ci<\ OtY I U ironliff i I • I ii r_ TiIIIii±__ 1 • I 1 I czi IF• -004—— ;a .i'. I _LQ:5-Oe> Ilfr."- r - i--- / , r . -i '-- • -4- 1-- • ---+- 4-- ± 1 . 'i.-' ...."...J- A 2 45 ''....„.,,,,,, i2521 71 '-' ,i" 29 i i ,', ;.';" -, r,r -1-, 672 2 .:• ' 1 2511 Objection 7,,, '"' .. ES.4 '10,, 2E1 , Received 686 — vC31 g 4 I '1,, ; / - 2 i i 1-- t; 2530 2520 699 i 2510 ) / 697 —5 :'' /2 ' /,' ::1' / *' :--- 250 i i -- 0 75 I, / i : i 2 Subject ''''i , k 2525 c. R424 `---, -, ,,, 649, 2 ,t, Objection Received w s'; ON 2509 Property ---, 5' 2 / / I , 't5•5‘ ?2 '''''7 1 )IXWOOD SECONI ADM, 24999 2, 1, 2 '2 i'' 866 ;;;.% =',-- : 848 , 1/4, 2483 2 860 , : '%5 ,- iS.I.DISCUSSION Objections to the permit application were received from the adjacent property owner to the west at 2517 Hidden Valley Lane, as well as a property owner across the street to the northwest of the subject property at 2530 Hidden Valley Lane. They request that the permit be denied by the City for the following reasons: - Excessive noise. - Mrs. Straus' chickens in the past have managed to escape the backyard. - Chickens attract vermin and predators. - A twenty foot distance from the coop to the neighboring house is not adequate. - Chickens' smell is overwhelming. - Having chickens in the neighboring property will lower property values. Staff finds that the application submitted by Mrs. Strauss meets all of the requirements of the City Code Section 31-514. Subd. 6.Keeping of chickens. In addition, this property is located in the RA (single family residential)zoning district. The council has, in the past, debated the appropriateness of chickens in residential areas and it was determined that chickens may be kept in RA and RB zoning districts provided that a permit is obtained. The ordinance that was developed lays out requirements which minimize the impact chickens may have on neighboring properties. RECOMMENDATION Staff recommends approval of the permit to keep chickens for Patricia Straus at 2509 Hidden Valley Lane, subject to the following conditions: Page 2 Page 1 LIST OF BILLS 106 Group Ltd. 615 Broadway ‐ Designation Study 4,360.14       Accela Inc Monthly UB web payments 475.85           Ace Hardware Supplies 55.32             Action Rental Inc. Concrete and trailer rental 770.00           Advance Auto Parts Equipment repair supplies 74.39             Amano McGann Inc Ramp machine tickets 671.75           Ancom Communication Inc. Channel knob 40.75             Art Reach St. Croix St. Croix Jazz Orchestra July 4 2019 3,000.00       Aspen Mills Uniforms 1,561.90       Batteries Plus Bulbs Battery 131.90           BHE Community Solar Solar Energy 4,648.91       BlueCross BlueShield of MN Inc. Retiree Health Ins 3,164.00       Brad's Catch Basin Repair LLC Catch basin regrout 1,050.00       Business Data Record Services Document destruction 97.80             CDW Government Inc. Equipment 2,998.28       Central Wood Products Pioneer Park Playground 1,785.00       Cintas Corporation Uniforms & mat cleaning service 141.33           City of Maplewood Fire training 750.00           CivicPlus CivicHR 6,372.45       Clifton LarsonAllen LLP Audit 9,000.00       Comcast Internet 294.36           Cub Foods Board & comm training 28.22             Dalco Janitorial supplies 366.74           ECM Publishers Publications 291.70           Enterprise FM Trust Lease vehicles 5,001.83       Environmental Equipment & Services Equipment repair charges 1,552.09       Fire Marshals Assoc. MN Membership 40.00             Frontier Ag & Turf Equipment repair supplies 62.83             Galls LLC Equipment 72.00             Gopher State One Call Inc. Locates 553.50           Grafix Shoppe Graphics for #240 925.00           Grainger Equipment repair supplies 371.31           Granicus Inc Qtrly web streaming service 1,733.25       HA Kantrud PA Attorney for appellants ‐ 2017 St Assess 7,500.00       Helling‐Mendez Mikki Park Fee Refund 85.00             Heritage Embroidery & Design Sport shirts 59.94             Holiday Companies Vehicle washes 265.00           Jefferson Fire and Safety Inc. Coat & pant repair 673.16           Kelly & Lemmons PA Prosecution 7,890.00       League of MN Cities Ins Tr Insurance 132,299.00   LeVander Gillen Miller PA Professional services 14,370.99     Lincoln National Life Insurance Co COBRA Life Insurance 18.00             Loffler Companies IT professional services 568.75           Mansfield Oil Company Fuel 3,684.14       Marshall Electric Company Fire panel repair 512.00           Page 2 McDaniel Law & Policy Professional Gov Relations Services 6,250.00       Menards Supplies 900.78           Metropolitan Council Wastewater Charge 153,390.29   Miller Excavating Street sweepings/leaves 237.25           Miller John & Susan 2017 Street Assessment Compromise Agreement 1,798.75       MN City/County Mgmt Assoc. Membership 184.60           MP Nexlevel LLC Locating 1,997.50       MTI Distributing Equipment repair supplies 225.40           Municode Online code hosting 950.00           Myran Richard 2017 Street Assessment Compromise Agreement 1,798.75       Performance Plus LLC Drug screen 225.00           Pullen Annette Marie Therapy 180.00           Quill Corporation Office supplies 97.74             River Valley Printing Inc. Business cards 39.00             SavaTree LLC Refund Fertilizer Applicator License Fee 250.00           Sherwin Williams Supplies 18.88             SHI International Corp Email protection software subscription 3,400.00       Simplifile LC Filing fee 200.00           St. Croix Boat and Packet Co. Dock Space Lease 2,666.67       Stillwater Towing Towing service 500.00           Stop Stick LTD Computer equipment 4,949.00       SW/WC Service Cooperatives Retiree Health Insurance 79,337.02     T.A. Schifsky and Sons Asphalt 3,285.68       Thomson Reuters Information Charges 146.20           TKK Electronics LLC Emer. Veh. Mobile Data Computers 1,843.52       Tri‐State Bobcat Equipment repair charges 5,617.08       Voyant Communications Phone 527.12           Washington County Property Records TIF Admin Fees 14,249.00     Wold Architects and Engineers City Hall Project 990.00           Wolf Marine Inc. 2019 Slip Lease 750.00           WSB & Associates Inc. MS4 Services 9,950.70       Xcel Energy Energy 11,195.21     Zep Sales & Service Supplies 188.55           REC CENTER Ace Hardware Supplies 348.39           Cintas Corporation Mat cleaning service 103.00           Coca‐Cola Distribution Beverages for concessions 255.24           Ice Skating Institute Arena member 395.00           Loffler Companies Wireless Access Pts 2,121.60       Menards Supplies 49.93             R&R Specialties Inc. Equipment repair supplies 1,077.15       Riedell Shoes Inc. Skates 1,100.22       Sentry Systems Inc. Alarm monitoring 140.85           St. Croix Boat and Packet Co. Arena Billing 51,183.79     Page 3 CREDIT CARDS Amazon.com Supplies 15.14             AMEM AMEM Membership 100.00           AnyPromo.com Police paper caps 328.30           Backgroundchecks.com Background checks 136.35           BCA Training & Auditing Training 575.00           BlindsLowes.com Custom blinds 463.88           Bravo Company USA Rails & grips for new squad rifles 500.06           Chewy.com Nail clippers & powder for Buzz 43.85             Disaster Management Systems Flag kit 137.92           Eventbrite Training 108.16           Fleet Farm Trailer hitch 146.72           Forensic Consultation/Mending Path Training 200.00           Metro Emergency Managers' Assn MEMA Membership 100.00           MN Dept of Agriculture Pesticide applicator testing 65.44             MN Dept of Labor and Industry Renew Building Official license for Cindy 65.00             MN Nursery & Landscape Assoc Pesticide cert workshop 129.00           MN State Fire Chiefs Assn Conference 300.00           Mohawk Fine Papers Tear proof specialty paper for flood signs 410.92           Multi‐Regional Training Center MRTC membership dues 50.00             National Fire Protection Association Fire protection handbook 257.45           Trainers Warehouse Reusable name cards 255.00           USA Clean Parts for floor scrubber 605.20           LIBRARY Ace Hardware Janitorial Supplies 139.24           Braden Construction Inc. Reconstruct Pergola 33,725.06     Brodart Co Materials 2,288.82       Cintas Corporation Mat & Towel Cleaning Services 83.44             Comcast Internet/WiFi 188.06           Culligan of Stillwater Water 51.65             Loffler Companies Library IT Project (Cap Reserve) 5,194.90       Mad Science of MN Programs ‐ JUV (MELSA) 199.00           Master Mechanical Inc. O‐Ring Replacement ‐ Phase 1 1,942.00       Midwest Tape Materials 1,037.80       MN Dept of Labor and Industry Elevator Annual Operating Permit 200.00           MN Library Assoc. PLD Day ( Petrie ) 50.00             NAC Mechanical and Electrical Services VFD Automation 3,999.46       Rose Floral Terrace Flowers ( Houston ) 463.70           Toshiba Business Solutions Maintenance Agreements 40.87             LIBRARY CREDIT CARDS Action Rental Inc. Fans 32.14             Jostens Stillwater High School 2019 Yearbook 91.06             Page 4 MAY MANUALS At&t Mobile Wireless service 67.47             Cartegraph Cartelite subscription 7,219.63       Century Link Telephone 338.39           One23 Events LLC Event mgmt services 8,000.00       Washington County Dept of Health Bike Safety Rodeo event fee 10.00             Waste Management Garbage Certification 45,743.36     Xcel Energy Energy 5,372.46       ADDENDUM Veterans Memorial 90% Super Valu Parking Permits 4,347.00       TOTAL 711,302.34   Adopted by the City Council this 18th day of June, 2019   PLANNING REPORT TO: City Council CASE NO.: 2019-23 REPORT DATE: June 12, 2019 MEETING DATE: June 18, 2019 APPLICANT: City of Stillwater LANDOWNER: N/A REQUEST: Zoning Text Amendment (ZAT) to for amendments to the city code pertaining to the siting of wireless towers LOCATION: Citywide ZONING: Parks Recreation and Open Space (PROS), Public Works Facility District (PWFD), and the Public Administrative Offices (PA) districts REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION City Code Section 31-512, Regulation of radio and television towers, indicates the preferred location for antennas and towers include: government and utility sites; school sites; and golf course, or public parks when compatible with the nature of the park or course. However, the Allowable Uses in Non-Residential Districts table does not indicate they are allowed in the Parks Recreation and Open Space (PROS) district nor the Public Works Facility District (PWFD). Furthermore, the Code expressly indicates they are prohibited in the Public Administrative Offices (PA) district. Given the conflicting language in the zoning section of the City Code, City staff is seeking to clarify in which public zoning districts antennas and towers should be allowed. SPECIFIC REQUEST The request includes modification to the following City Code Sections: 1. Amending the use table in Section 31-325 to look like this: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP- C BP- O BP-I CRD PA PWFD PROS CPC Case no. 2019-23 Page 2 Wireless Communication Services Towers and Antennae CUP CUP CUP CUP CUP CUP SECTION 2. AMENDMENT. Article 31-512 Subd. 5 of the City Code, Regulation of radio and television towerswireless telecommunication services, is hereby amended as follows: Subd. 5. Central business district (CBD) and professional administrative (PA) district. Any person, firm or corporation erecting an antenna in central business and professional administrative districts shall meet the following requirements: a) Towers are not allowed in the CBD and PA districts. b) Antennas are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting and character of downtown and its historic buildings and the national register historic district. c) All support service equipment for towers must be enclosed within an existing building or located and screened so as to be hidden from public view from the street or above. c)d) Notwithstanding Subd. 5(c), all small wireless support structures and small wireless facilities shall comply with Article 24-35. ANALYSIS There are inconsistencies in the City Code. While one section indicates towers and antenna are preferred on public lands, other sections of the code indicate they are outright prohibited on public lands. Staff believes that the intent of the tower ordinance was to allow towers to be located in all of the public zoning districts with a Conditional Use Permit. There are four towers in the City of Stillwater. Three of the towers are located on private property. One of the towers, however, is located on public land, at the Jaycee Ballfield site owned by ISD #834. The ordinance amendment would provide clarification that the tower on the public school site, which lawfully obtained a Use Permit, would be conforming to the allowable uses table. Furthermore, indicating towers and antenna are allowed in the PA district would bring public entities who have placed these types of improvements on their facilities and sites into conformance while opening up greater opportunities for future siting. That said, the City’s ordinances pertaining to performance standards and minimum distance requirements between facilities would still apply. APPLICABLE REGULATIONS Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when: CPC Case no. 2019-23 Page 3  Public necessity, general community welfare and good zoning practice permit the amendment; and  The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. POSSIBLE ACTIONS The City Council has the following options available to them: 1. If the City Council finds the public necessity, general community welfare and good zoning practice permit the amendment and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, the Council should move to approve Zoning Text Amendment 2019-23 allowing for modifications to City Code Sections 31-325 and 31-521. 2. Make findings that the public necessity, general community welfare and good zoning practice do not permit the amendment or that the proposed amendment is not in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, and deny the requested ordinance amendment. 3. Table consideration for more information. FINDINGS AND RECOMMENDATION The City of Stillwater’s Radio and Television Tower regulations apply to all properties within the City. As currently written and interpreted, however, the ordinance is contradictory with itself. The general community welfare would be furthered if there is greater clarification in where the City prefers the location of these facilities. Additionally, expanding which public facilities they may be permitted on will enable greater opportunity for siting on public lands. Therefore, good zoning practices throughout the community and within the field of local government land planning permit the amendment. The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. At their May 22, 2019 regular meeting, the Planning Commission forwarded a favorable recommendation of approval of the proposed ZAT. Additionally, staff recommends the City Council move to approve a Zoning Text Amendment to City Code Sections 31-325, Allowable uses in non-residential district, and Section 31-512, Regulation of radio and television towers. Attachments: Draft Ordinance – Legislative Version ORDINANCE _________ AN ORDINANCE AMENDING ARTICLE 31-325, ALLOWABLE USES IN NON- RESIDENTIAL DISTRICTS, AND ARTICLE 31-512, REGULATION OF RADIO AND TELEVISION TOWERS OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Article 31-325 of the City Code, Allowable uses in non- residential districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP- C BP- O BP-I CRD PA PWFD PROS Wireless Communication Services Towers and Antennae CUP CUP CUP CUP CUP CUP SECTION 2. AMENDMENT. Article 31-512 Subd. 5 of the City Code, Regulation of radio and television towerswireless telecommunication services, is hereby amended as follows: Subd. 5. Central business district (CBD) and professional administrative (PA) district. Any person, firm or corporation erecting an antenna in central business and professional administrative districts shall meet the following requirements: a) Towers are not allowed in the CBD and PA districts. b) Antennas are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting and character of downtown and its historic buildings and the national register historic district. c) All support service equipment for towers must be enclosed within an existing building or located and screened so as to be hidden from public view from the street or above. c)d) Notwithstanding Subd. 5(c), all small wireless support structures and small wireless facilities shall comply with Article 24-35. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance indicates wireless communication towers and antennae may be allowed by conditional use permit in the PA, PWFD, and PROS zoning districts. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 18th day of June, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette – ______________________ 11831228v1 MEMORANDUM TO: Sharon Provos, Finance Director FROM: Mary Ippel DATE: June 17, 2019 RE: REIMBURSEMENT RESOLUTION Enclosed is a resolution for consideration by the City Council at an upcoming council meeting. The Resolution authorizes you to make periodic Declarations of intent to reimburse expenditures from Bonds (the form is in Exhibit A to the Resolution). The general requirements of the tax regulations relating to reimbursing expenditures are as follows: 1. the Declaration must be made no later than sixty days after payment of project costs; 2. the Declaration must contain (a) a reasonable description of the project and (b) the maximum principal amount of bonds expected to be issued for the project. You will need to fill in a description for the project in paragraph 2 and a dollar amount in paragraph 3 on Exhibit A; and 3. the bonds must be issued within the later of (a) 18 months after the payment, or (b) the date the project is placed in service, but not more than three years after the payment. A Declaration is not required for preliminary and engineering costs as long as those costs do not exceed twenty percent of the bonds. If you have any questions, please call me. 11831225v1 RESOLUTION 2019‐_____ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Stillwater, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150‐2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City (as the issuer of or the primary obligor under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the Finance Director to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or 11831225v1 2 program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be issued to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations. If the City is acting as the issuer of the reimbursement bonds, the designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted by the City Council of the City of Stillwater, Minnesota this 18th day of June, 2019. _________ _____________________ Ted Kozlowski, Mayor ATTEST: __________________________________ Beth Wolf, City Clerk 11831225v1 A-1 EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting Finance Director of the City of Stillwater, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150‐2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the City Council of the City to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $____________ is the maximum principal amount of the Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150‐2(d)(3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: ____________, 20__. _______________________________________ Finance Director City of Stillwater, Minnesota 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING June 18, 2019 REGULAR MEETING 7:00 P.M. I.CALL TO ORDER II.ROLL CALL III.PLEDGE OF ALLEGIANCE IV.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1.2019 Lumberjack Days Presentation V.OPEN FORUM ‐ the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VI.STAFF REPORTS 2.Police Chief 3.Fire Chief 4.City Clerk – The Wall That Heals 5.Community Development Director 6.Public Works Director 7.Finance Director 8.City Attorney 9.City Administrator VII.CONSENT AGENDA ‐ all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10.June 4, 2019 regular and recessed meeting minutes 11.Payment of Bills 12.CPC Case No. 2019‐16 amending City Code Chapter 31, Zoning, Chapter 32, Subdivision Ordinance – Ordinance 2nd Reading 13.CPC Case No. 2019‐16 amending City Code Chapter 35, Stormwater Drainage, specifically affecting the stormwater design standards and submittal, review, and permitting processes and requirements – Ordinance 2nd Reading 14.Amending 2019 Fee Schedule ‐ Resolution 15.St. Mary’s Catholic Church Events 16.New On Sale Liquor License for The Lodge 17.Board of Water Commission Reappointment of Karen Jensen 18.Benson Boulevard Neighborhood Drainage Project VIII. PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. 19. Case 2019‐23 to consider a Zoning Text Amendment to amend city code pertaining to the citing of wireless towers. Notice was published in the Stillwater Gazette on Friday, May 10, 2019 – Ordinance 1st Reading 20. Ordinance amending City Code Section 35‐25 (d): Regulations for Commercial Lawn Fertilizer Applicators. Notice was published in the Stillwater Gazette on Friday, May 31, 2019 – Ordinance 1st Reading IX. UNFINISHED BUSINESS X. NEW BUSINESS 21. Revised Employment Policy Manual ‐ Resolution 22. Chicken Keeping Permit for 2509 Hidden Valley Ln 23. Short Term Home Rental Ordinance Amendment Request 24. Maple Island Brewery Bands for the Brave Event 25. General Obligation Capital Outlay Bonds, Series 2019A – Preliminary Resolution (available Tuesday) XI. COUNCIL REQUEST ITEMS XII. CLOSED SESSION 26. Pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney‐client privileged communication regarding 121 Chestnut Street East 27. Pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney‐client privileged communication regarding 106 Chestnut Street East XIII. ADJOURN Stillwater Eagles is Hosting The Wall That Heals A replica of the Vietnam Veterans Memorial at The Old Athletic Field, 1338 4th Avenue South · Stillwater, MN Juls 25-28, 2019 ----THE WALL THAT HEALS VIETNAM VETERANS MEMORIAL REPLICA & MOBILE EDUCATION CENTER ------*------ A PROGRAM OF THE V IETN AM VETERANS MEMORIAL FUND FOUNDERS OF THE WALL 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES June 4, 2019 REGULAR MEETING 4:30 P.M. Vice Mayor Polehna called the meeting to order at 4:35 p.m. Present: Vice Mayor Polehna, Councilmembers Collins and Junker Absent: Mayor Kozlowski and Councilmember Weidner Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Fire Chief Glaser City Planner Wittman Zoning Administrator Tait City Engineer Sanders Finance Director Provos City Clerk Wolf OTHER BUSINESS Riverbank Stabilization Project Update from AMI Karen Keenan, PE, AMI Consulting, reviewed the $3.3 million slope stabilization project. 1200 feet of pedestrian trail will be constructed from Lowell Park to the Bergstein shoddy mill site, and eroded slopes will be stabilized with vegetated rip‐rap. Three overlooks will be created. Three alignment options were considered for the trail. It will be offset from the Dock Café restaurant both vertically and horizontally, will cross the Boat and Packet property and connect with the bike trail. Engineers are working with the Army Corps of Engineers and the DNR on permits. A design open house will be held in the fall and a construction open house in the winter. The project will be bid and advertised this fall and proceed in winter 2019, with the goal of completing construction by December 2020. Work in the area of St. Croix Boat and Packet and the Dock Café will be done over the winter. Councilmember Junker asked if the plan includes anything to alleviate congestion and confusion in the area from the Dock Café past the boat area; and Ms. Keenan answered they will work with city staff to resolve the issues there. The change of pavement should help contain pedestrian traffic in a certain location. On a question by Vice Mayor Polehna about maintaining views of the river for people walking along trail; Ms. Keenan responded that engineers are trying to balance minimizing vegetation in that area, while also working with the DNR who want to screen the area. Development of Nuisance Ordinance City Attorney Land reviewed the City’s nuisance ordinances for the purpose of determining how they can be improved to address certain property issues. She provided options for adjusting ordinances that already exist in the Code in order to strengthen enforcement. She City Council Meeting June 4, 2019 Page 2 of 7 explained the process of defining a public nuisance, establishing compliance deadlines, and using abatement, the administrative citation process or the criminal citation process for resolution. Staff will continue working on draft language. State 2020 Capital Funding Request ‐ Bergstein Buildings Restoration Project City Administrator McCarty informed the Council that any State 2020 capital funding requests must be submitted to the Minnesota Department of Management and Budget (MMB) by June 14, 2019, in order to be considered in the next state legislative session. Staff recommends that the City Council support the submittal of a State 2020 Capital Budget request through MMB for the Bergstein Buildings Restoration project scheduled to commence in 2020. Vice Mayor Polehna inquired if the Aiple property could be added to the funding request; and Mr. McCarty replied that including the Aiple property may be premature because when a funding request is submitted, the State also wants analysis and design plans for the project. This information is available for the Bergstein buildings, but is not yet done for the Aiple property. Motion by Councilmember Collins, seconded by Vice Mayor Polehna, to approve the submittal of a State 2020 Capital Budget request through MMB for the Bergstein Buildings Restoration project scheduled to commence in 2020. All in favor. Water Board Update Water Board Manager Robert Benson reported that Water Board staff continues working with City staff on the above‐ground assets inventory. The smart controller irrigation pilot program is progressing and the Browns Creek Watershed District approved a contribution of $9,000. Work continues on the wellhead protection plan and the Water Board’s web site. In the White Bear Lake court case, the appeals court reversed the district court’s decision, which was favorable to Stillwater. Regarding the backflow preventer program, there are about 900 residential irrigation systems and the Board is in the process of notifying those customers of the new plumbing code. STAFF REPORTS Police Chief Gannaway stated that the river is still going down steadily. He urged residents to lock their vehicles even inside garages, due to a number of break‐ins. Finance Director Provos informed the Council that the new assistant finance director, Sam Magureanu, will be starting Wednesday, June 12. City Attorney Land reminded the Council of a training session for all commission and committee members this Thursday. City Administrator McCarty confirmed the June 20 strategic planning workshop. He added that the City will start using the POLCO Survey tool for feedback from residents. RECESS Vice Mayor Polehna recessed the meeting at 5:29 p.m. City Council Meeting June 4, 2019 Page 3 of 7 RECESSED MEETING 7:00 P.M. Vice Mayor Polehna called the meeting to order at 7:05 p.m. Present: Vice Mayor Polehna, Councilmembers Collins and Junker Absent: Mayor Kozlowski, Councilmember Weidner Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway City Planner Wittman Police Chief Gannaway City Engineer Sanders Finance Director Provos City Clerk Wolf PLEDGE OF ALLEGIANCE Vice Mayor Polehna led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation ‐ Community Thread Vice Mayor Polehna read a Certificate of Appreciation acknowledging Community Thread for their extraordinary support in recruiting and managing hundreds of volunteers, to work multiple days, filling sandbags for the flood management efforts of 2019. City Clerk Wolf commended Community Thread on their phenomenal efforts to organize volunteers for sandbagging. OPEN FORUM Louise Jones, 7079 Mid Oaks Avenue North, recalled the open form discussion two weeks ago when neighbors of Stillwater Residence at 220 Olive Street West voiced concerns at the Council meeting. She asked to share another side to the story, and stated that one of her brothers has been living at the residence since 1990. She visits him weekly and finds it to be a safe place with wonderful, caring staff. She added that all meds are stored under double locks and are dispensed by the staff, there are 24‐hour security cameras in different parts of the house, and alcohol is not allowed. She encouraged the Councilmembers to visit the residence. CONSENT AGENDA May 21, 2019 regular and closed session meeting minutes Payment of Bills Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Driveways – Ordinance 1125 2nd Reading Permanent Easement for Drainage and Utility Purposes Resolution granting license to Matthew Rydeen for the operation of horse drawn carriage rides on City Streets – Resolution 2019‐070 City Council Meeting June 4, 2019 Page 4 of 7 Human Rights Commission – New Member Appointment Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2019‐16 to consider amendment to City Code Chapter 31, Zoning, Chapter 32, Subdivision Ordinance, and Chapter 35, Stormwater Drainage, specifically affecting the stormwater design standards and submittal, review, and permitting processes and requirements. City Planner Wittman reviewed the proposed amendment. The Minnesota Pollution Control Agency (MPCA) requires that the City of Stillwater adopt stormwater infiltration regulations. Staff recommends the City Council approve the ordinances pertaining to conservation regulations and the management of stormwater within the City of Stillwater. Vice Mayor Polehna opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt first reading of an Ordinance related to conservation regulations amending the Stillwater City Code, Section 31‐101, Definitions, Section 31‐523 Soil Stripping, Section 31‐524 Grading, Section 31‐525 Stormwater Management Practices and Section 32‐1 the Subdivision Ordinance. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Lumberjack Days 2019 Event and Temporary Liquor License City Administrator McCarty stated that The Locals and City staff have reached a proposed agreement for the 2019 Lumberjack Days event, scheduled for July 19‐21 in Lowell Park. The proposed agreement updates the 2018 Agreement and includes provisions related to the revised City Events Policy. Beer will be kept inside the beer tent. The Chief of Police has reviewed and approved the musical acts. Helicopter rides are proposed on the south side near the Bergstein buildings in Bridgeview Park. Staff requests the Council consider approving the contract. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019‐071, approving 2019 Lumberjack Days Special Event, 2019 Lumberjack Days Agreement, waiver to the City’s Noise Ordinance and Temporary Liquor License. All in favor. Bid Award on 2019 Street Improvement Project (Project 2019‐02) City Engineer Sanders stated that the bid letting for the 2019 Street Improvement project was May 16, 2019. The City received two bids with the lower bid in the amount of $2,330,553.60 submitted by Miller Excavating Inc. This was slightly higher than estimated. After discussing the price of watermain work the Water Board decided not to proceed with installation of the 385 feet of water main. The project also includes the 2019 Sidewalk Project costs. Staff negotiated lower unit prices on certain items and reduced bid item City Council Meeting June 4, 2019 Page 5 of 7 quantities, saving about $100,000 in project costs. Staff recommends that the City accept the bids and award the contract to Miller Excavating, Inc. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2019‐072, accepting Bid and Awarding Contract for 2019 Street Improvement Project (Project 2019‐02). All in favor. Approval of Engineering Services for Downtown Lighting Study Public Works Director Sanders told the Council that the taller highway lights in the downtown area were inspected by Xcel Energy and several lights were removed because the bases were rusted out, potentially becoming a fall hazard. It appears that these taller lights are at the end of their life and replacement is necessary in the near future. The life of the pedestrian lights is approaching 25 years and the agreement with Xcel expires in 2024. These lights may need replacement. Staff is proposing a downtown lighting study to examine options. Staff received two quotes to do the study. There were no monies budgeted for this work, but the Finance Director has indicated there are available funds in the Permanent Improvement Fund. Staff recommends that a study of the Downtown Lighting Study proceed and that SEH be approved to do the study in the amount not to exceed $17,750. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2019‐073, accepting Proposal and Awarding Contract for Engineering Services for the Downtown Lighting Study (Project 2019‐10). All in favor. Opera on the River Fee Waiver Request Oben Floan, Operatunity Theatre, thanked the Council for the previous approval to perform “Opera on the River,” August 10, in Lowell Park. Despite fundraising, they do not have the funds to cover all the City costs and are asking that the City waive some of these fees. Councilmember Junker stated he does not like to waive fees to be consistent, but is very excited for the event. Vice Mayor Polehna asked what fees have been waived for other events; and City Clerk Wolf replied that the base fee of $500 was waived for Summer Tuesdays and the security deposit was waived for the Farmers’ Market. Motion by Vice Mayor Polehna, seconded by Councilmember Collins, to waive the event fee for Opera on the River and leave other fees as listed. All in favor. Demolition Designation Study ‐ 615 Broadway Street South City Planner Wittman informed the Council that on March 2, 2019 the Heritage Preservation Commission (HPC) denied a demolition permit for Reid and Julie Miller for the demolition of their residential structure located at 615 Broadway Street South. On April 16, 2019 the City Council ordered the preparation of a Demolition Designation Study. The Demolition Designation Study was prepared by the 106 Group, and submitted to the City on May 24, 2019. The Study notes the Nels Hanson House was constructed during the Development of Residential Neighborhoods Historic Context period but that the property is not eligible to be listed under any of the City’s applicable historic criteria. The 106 Group’s recommendation indicates that because it does not meet any of the local Heritage City Council Meeting June 4, 2019 Page 6 of 7 Preservation Site criteria as an individual property, it is not recommended for individual designation as a heritage preservation site. Staff recommends the City Council accept the Demolition Designation Study and authorize the demolition of the structure. Councilmember Junker stated it is hard to accept a study that says a house that was built in 1880 does not have any historic characteristics. He felt the study was very informational but he cannot support issuing a demolition permit on this house. Councilmember Collins noted that the house was built 22 years after Minnesota achieved statehood. He feels it is reasonable to have changes happen in a house over time but they do not diminish its historic significance. He too struggles with the thought of demolition. Vice Mayor Polehna pointed out that approximately 3/4 of the house is not original and has no historical significance at all. He reviewed the property owners’ plans for leaving the front facade which is the only historic element of the house. The rest of the house is in disrepair and demolition is justified. Motion by Councilmember Junker, seconded by Councilmember Collins, to reject the Demolition Designation Study. Motion passed. Ayes: Councilmembers Junker and Collins Nay: Vice Mayor Polehna Demolition Designation Study ‐ 116 Harriet Street North City Planner Wittman stated that Dan and Allison Boblit would like to demolish their two‐ car garage, built in 1918, and replace it with a similarly‐sized, three car garage. On May 15, 2019, the Heritage Preservation Commission denied the demolition request on the basis the structure is a historic resource and there are feasible alternatives to demolition. The house was built by David Swain, a prominent steamboat builder and captain who built the garage for storage and workshop space. The HPC is requesting the Council’s authorization of a Demolition Designation Study. Motion by Councilmember Collins, seconded by Councilmember Junker, to authorize a Demolition Designation Study for the garage located at 116 Harr iet Street North. Motion passed. Ayes: Councilmembers Junker and Collins Nay: Vice Mayor Polehna COUNCIL REQUEST ITEMS Vice Mayor Polehna noted that Michele Garnett McKenzie, from the Advocates for Human Rights, will speak about immigration issues on June 9 at Ascension Episcopal Church. City Council Meeting June 4, 2019 Page 7 of 7 ADJOURN Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:00 p.m. Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019‐070, resolution granting license to Matthew Rydeen for the operation of horse drawn carriage rides on City Streets Resolution 2019‐071, approving 2019 Lumberjack Days Special Event, 2019 Lumberjack Days Agreement, waiver to the City’s Noise Ordinance and Temporary Liquor License Resolution 2019‐072, accepting Bid and Awarding Contract for 2019 Street Improvement Project (Project 2019‐02) Resolution 2019‐073, accepting Proposal and Awarding Contract for Engineering Services for the Downtown Lighting Study (Project 2019‐10) Ordinance 1125, Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Drive Page 1 LIST OF BILLS 106 Group Ltd. 615 Broadway ‐ Designation Study 4,360.14       Accela Inc Monthly UB web payments 475.85           Ace Hardware Supplies 55.32             Action Rental Inc. Concrete and trailer rental 770.00           Advance Auto Parts Equipment repair supplies 74.39             Amano McGann Inc Ramp machine tickets 671.75           Ancom Communication Inc. Channel knob 40.75             Art Reach St. Croix St. Croix Jazz Orchestra July 4 2019 3,000.00       Aspen Mills Uniforms 1,561.90       Batteries Plus Bulbs Battery 131.90           BHE Community Solar Solar Energy 4,648.91       BlueCross BlueShield of MN Inc. Retiree Health Ins 3,164.00       Brad's Catch Basin Repair LLC Catch basin regrout 1,050.00       Business Data Record Services Document destruction 97.80             CDW Government Inc. Equipment 2,998.28       Central Wood Products Pioneer Park Playground 1,785.00       Cintas Corporation Uniforms & mat cleaning service 141.33           City of Maplewood Fire training 750.00           CivicPlus CivicHR 6,372.45       Clifton LarsonAllen LLP Audit 9,000.00       Comcast Internet 120.58           Cub Foods Board & comm training 28.22             Dalco Janitorial supplies 366.74           ECM Publishers Publications 291.70           Enterprise FM Trust Lease vehicles 5,001.83       Environmental Equipment & Services Equipment repair charges 1,552.09       Fire Marshals Assoc. MN Membership 40.00             Frontier Ag & Turf Equipment repair supplies 62.83             Galls LLC Equipment 72.00             Gopher State One Call Inc. Locates 553.50           Grafix Shoppe Graphics for #240 925.00           Grainger Equipment repair supplies 371.31           Granicus Inc Qtrly web streaming service 1,733.25       HA Kantrud PA Attorney for appellants ‐ 2017 St Assess 7,500.00       Helling‐Mendez Mikki Park Fee Refund 85.00             Heritage Embroidery & Design Sport shirts 59.94             Holiday Companies Vehicle washes 265.00           Jefferson Fire and Safety Inc. Coat & pant repair 673.16           Kelly & Lemmons PA Prosecution 7,890.00       League of MN Cities Ins Tr Insurance 132,299.00   LeVander Gillen Miller PA Professional services 14,370.99     Lincoln National Life Insurance Co COBRA Life Insurance 18.00             Loffler Companies IT professional services 568.75           Mansfield Oil Company Fuel 3,684.14       Marshall Electric Company Fire panel repair 512.00           Page 2 McDaniel Law & Policy Professional Gov Relations Services 6,250.00       Menards Supplies 900.78           Metropolitan Council Wastewater Charge 153,390.29   Miller Excavating Street sweepings/leaves 237.25           Miller John & Susan 2017 Street Assessment Compromise Agreement 1,798.75       MN City/County Mgmt Assoc. Membership 184.60           MP Nexlevel LLC Locating 1,997.50       MTI Distributing Equipment repair supplies 225.40           Municode Online code hosting 950.00           Myran Richard 2017 Street Assessment Compromise Agreement 1,798.75       Performance Plus LLC Drug screen 225.00           Pullen Annette Marie Therapy 180.00           Quill Corporation Office supplies (38.49)            River Valley Printing Inc. Business cards 39.00             SavaTree LLC Refund Fertilizer Applicator License Fee 250.00           Sherwin Williams Supplies 18.88             SHI International Corp Email protection software subscription 3,400.00       Simplifile LC Filing fee 200.00           St. Croix Boat and Packet Co. Dock Space Lease 2,666.67       Stillwater Towing Towing service 500.00           Stop Stick LTD Computer equipment 4,949.00       SW/WC Service Cooperatives Retiree Health Insurance 79,337.02     T.A. Schifsky and Sons Asphalt 3,285.68       Thomson Reuters Information Charges 146.20           TKK Electronics LLC Emer. Veh. Mobile Data Computers 1,843.52       Tri‐State Bobcat Equipment repair charges 5,617.08       Voyant Communications Phone 527.12           Washington County Property Records TIF Admin Fees 14,249.00     Wold Architects and Engineers City Hall Project 990.00           Wolf Marine Inc. 2019 Slip Lease 750.00           WSB & Associates Inc. MS4 Services 9,950.70       Xcel Energy Energy 10,665.12     Zep Sales & Service Supplies 188.55           REC CENTER Ace Hardware Supplies 348.39           Cintas Corporation Mat cleaning service 103.00           Coca‐Cola Distribution Beverages for concessions 255.24           Ice Skating Institute Arena member 395.00           Loffler Companies Wireless Access Pts 2,121.60       Menards Supplies 49.93             R&R Specialties Inc. Equipment repair supplies 1,077.15       Riedell Shoes Inc. Skates 1,100.22       Sentry Systems Inc. Alarm monitoring 140.85           St. Croix Boat and Packet Co. Arena Billing 51,183.79     Page 3 CREDIT CARDS Amazon.com Supplies 15.14             AMEM AMEM Membership 100.00           AnyPromo.com Police paper caps 328.30           Backgroundchecks.com Background checks 136.35           BCA Training & Auditing Training 575.00           BlindsLowes.com Custom blinds 463.88           Bravo Company USA Rails & grips for new squad rifles 500.06           Chewy.com Nail clippers & powder for Buzz 43.85             Disaster Management Systems Flag kit 137.92           Eventbrite Training 108.16           Fleet Farm Trailer hitch 146.72           Forensic Consultation/Mending Path Training 200.00           Metro Emergency Managers' Assn MEMA Membership 100.00           MN Dept of Agriculture Pesticide applicator testing 65.44             MN Dept of Labor and Industry Renew Building Official license for Cindy 65.00             MN Nursery & Landscape Assoc Pesticide cert workshop 129.00           MN State Fire Chiefs Assn Conference 300.00           Mohawk Fine Papers Tear proof specialty paper for flood signs 410.92           Multi‐Regional Training Center MRTC membership dues 50.00             National Fire Protection Association Fire protection handbook 257.45           Trainers Warehouse Reusable name cards 255.00           USA Clean Parts for floor scrubber 605.20           LIBRARY Ace Hardware Janitorial Supplies 139.24           Braden Construction Inc. Reconstruct Pergola 33,725.06     Brodart Co Materials 2,288.82       Cintas Corporation Mat & Towel Cleaning Services 83.44             Comcast Internet/WiFi 188.06           Culligan of Stillwater Water 51.65             Loffler Companies Library IT Project (Cap Reserve) 5,194.90       Mad Science of MN Programs ‐ JUV (MELSA) 199.00           Master Mechanical Inc. O‐Ring Replacement ‐ Phase 1 1,942.00       Midwest Tape Materials 1,037.80       MN Dept of Labor and Industry Elevator Annual Operating Permit 200.00           MN Library Assoc. PLD Day ( Petrie ) 50.00             NAC Mechanical and Electrical Services VFD Automation 3,999.46       Rose Floral Terrace Flowers ( Houston ) 463.70           Toshiba Business Solutions Maintenance Agreements 40.87             LIBRARY CREDIT CARDS Action Rental Inc. Fans 32.14             Jostens Stillwater High School 2019 Yearbook 91.06             Page 4 MAY MANUALS At&t Mobile Wireless service 67.47             Cartegraph Cartelite subscription 7,219.63       Century Link Telephone 338.39           One23 Events LLC Event mgmt services 8,000.00       Washington County Dept of Health Bike Safety Rodeo event fee 10.00             Waste Management Garbage Certification 45,743.36     Xcel Energy Energy 5,372.46           1   ORDINANCE NO. 1126 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE RELATED TO CONSERVATION REGULATIONS AMENDING THE STILLWATER CITY CODE SECTION 31-101 DEFINITIONS, SECTION 31-523 SOIL STRIPPING, SECTION 31-524 GRADING, SECTION 31-525 STORMWATER MANAGEMENT PRACTICES AND SECTION 32-1 THE SUBDIVISION ORDINANCE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 31-101, Definitions is hereby amended as follows: Sec. 31-101. - Definitions is hereby amended by adding the following definitions: Development when found in Section 31-522 (Tree and Forest Protection) means the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of land or the division of land into two or more parcels, for the purpose of transfer of title or building development. As used in other sections of Section 31, Development means the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of land. Land Disturbing Activity or Activities means any activity that changes the volume or peak discharge rate of stormwater runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity that bares soil or rock or involves the diversion or piping of any natural or fabricated watercourse. MS4 means the municipal separate storm sewer system. SECTION 2. Stillwater City Code Section 31-523 relating to Soil Stripping is hereby amended as follows: Sec. 31-523. - Soil stripping. Subd. 1. No person may strip, excavate or otherwise remove topsoil for sale, or for use other than on the premises from which it is taken, except in connection with the construction or alteration of a building on the premises and any incidental excavation or grading. SECTION 3. Stillwater City Code Section 31-524 relating to Grading is hereby amended as follows:     2   Sec. 31-524. - Grading. Subd. 1. Purpose. The purpose of this Section 31-524 is to ensure that any grading conducted for the purposes of building construction is done according to the grading plan for a subdivision as approved by the city council and to avoid drainage problems which may occur as a result of building development. Furthermore, the purpose of this Section 31-524 is to meet the requirements of the National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency, August 1, 2018, as amended, and the city’s Engineering Design Guidelines which are hereby incorporated by reference. Every proposed new building requires a grading plan to be submitted with the building permit plans, unless such requirement is waived in writing by the city engineer. The following items are required to be shown on the grading plan: (a) The location of the building, driveway, tree cover, wetlands, drainageways or ditches, city streets, neighboring structures and other significant features. (b) The existing elevation of the building pad, neighboring structures, top of curb at the driveway, wetlands elevation, all lot corners and any drainage structures. (c) The proposed elevation of the first floor, lowest floor, garage floor, walkout (if any) and high or low points (breaks in grade). (d) Drainage arrows showing the route of run off across the lot with proposed elevations of drainage swales. (e) If the lot is adjoining a wetland, the plan should show how erosion will be controlled. Normally a silt fence or other erosion control method will be required along the flow path to the wetland. (f) Any retaining walls, steep slopes or other special grading features must be denoted. A cash escrow in an amount established by resolution shall be paid before a building permit is issued for all new residential dwellings. The cash escrow shall be returned to the permit applicant, without interest, upon successful completion of all of the following: (1) Written certification from a registered engineer or land surveyor that the grades and elevations are in conformance with the city approved grading plan and that permanent iron monuments are in place at each lot corner; and (2) Water service curb box access cover at finished grade and curb box valve operable. If the escrow items are not completed within 60 days, excluding the time between October 1 and May 1 of issuance of a certification of occupancy, the city may enter the lot, perform the work and apply the cash escrow toward the cost, plus administrative fees. In addition to the cash escrow, an escrow administration fee in an amount established by resolution shall be paid before a permit is issued for all permits.     3   Subd. 2. Grading permits. (a) Enumeration of actions requiring. No person may undertake, authorize or permit any of the following actions without first having obtained a grading permit from the city: a. Any excavating, grading, filling or other change in the earth's topography resulting in the movement of more than 50 cubic yards of material, except in any designated wetlands, floodplain or shoreland district; b. Any excavating, grading or filling or change in the earth's topography in any designated wetlands, floodplain or shoreland district; c. Any mining operation for gravel or other materials; or d. Any changing of a natural drainageway or drainage pattern that results in increasing or intensifying the flow of surface water upon adjacent property. (b) Activities not requiring. Notwithstanding Section 31-524, Subd 2, no grading permit is required for the following activities, except as required by the state building code: (1) Earthwork undertaken in accordance with grading plans approved in conjunction with a site and building plan review or plat approval; or (2) Earthwork that will result in moving less than 50 cubic yards of material, provided the work does not take place in any designated wetlands, floodplain or shoreland district and does not affect local drainage patterns. (c) Plans required. No grading permit may be issued for site grading without approved plans for site development and adequate provision for site protection from wind or water erosion. (d) Compliance with permit provisions. No person may undertake, authorize or permit any excavating, grading, filling or other change in the earth's topography that violates or is not in compliance with a grading permit issued by the city. (e) Review as conditional use. All grading permits that would result in the moving of more than 1,000 cubic yards of material per acre of site area must be reviewed as a conditional use permit under the standards outlined in this Section 31-524. If possible, grading permit review will be combined with other planning permit reviews. (f) Review procedure; application; required information. Application for a grading permit that requires review as a conditional use must be made to the community development director on forms provided by the city and must be accompanied by the following information: (1) The legal description of the property;     4   (2) The fee required by the city fee schedule; (3) Evidence of ownership or an interest in the property; (4) Existing and proposed final grades with two-foot contour intervals; (5) A survey showing the location and elevation of all roads, utilities and structures that may be impacted by the proposal; (6) A tree survey showing all trees having a caliper of six inches or greater and a tree preservation plan; (7) A landscaping and site restoration plan; (8) A development concept plan indicating how the recontoured parcel may be developed in a manner consistent with this subdivision and the comprehensive plan; (9) A drainage plan with an engineering design for necessary stormwater retention work; (10) An erosion control plan indicating the type and location of erosion measures; (11) A traffic analysis showing how the materials will be removed from or delivered to the site; (12) Two copies of all available soil borings and with boring location maps and any other available soil information; (13) Any other information that may be required by the city; and (14) A schedule of building construction phasing. (g) Administrative review. Grading plans that will result in the move of more than 50 but less than 1,000 cubic yards of material per acre may be approved by the city engineer. The applicant shall submit the required items from Section 31-524, Subd. 2(f). Upon receipt of a completed application, the community development director must review the application within ten working days and must notify the applicant of the decision by mail. The community development director may impose such modifications and conditions as may be necessary to protect the public interest. Bonding may be required in an amount sufficient to complete site restoration should the applicant default. (h) Standards. Grading permits may be issued only for grading plans that comply with the following standards: (1) The plans must maximize the preservation of trees on the property and utilize the trees to the maximum extent possible to screen the grading from adjacent property.     5   (2) The plan must utilize landscaping to restore site aesthetics, minimize the visual impact of the work, screen the grading from adjacent property and enhance the property's development potential. All areas altered because of grading activity must at a minimum, be restored with seed and mulch or sod within two weeks after the completion of the activity. The city may approve an extension of this deadline if appropriate, but in no case may site restoration be delayed beyond October 1. (3) The plan must not result in sites that are unsatisfactory for development of permitted uses. The development potential of a site may be adversely impacted by unsuitable finished grades, poor soil stability, unsatisfactory drainage or exposure to deleterious influences. (4) The plan must provide for the removal of any significant amounts of organic material or construction debris. (5) In instances where an existing buffer will be impacted by grading or filling operations, site restoration must be completed in a manner that resembles the original vegetative and topographic state of the property. (6) The plan must protect designated wetlands, floodplains, shorelands, public waters and other natural features. (7) The plan must provide for adequate drainage, stormwater retention and erosion control measures, as described in the NPDES construction general permit, the city’s Engineering Design Guidelines and Sec. 35-26. – Stormwater Management Practices. (8) The plan must provide for traffic movements to and from the site and must not have significant adverse effects on roads, intersections or development in the area. Streets surrounding the site must be swept to remove any debris that may accumulate due to these activities. (9) The plan must include a schedule of activities which limits the duration of disruptions and impacts. (10) The plan must also be approved, where required, by appropriate watershed districts, the United States Army Corps of Engineers, the state department of natural resources and any other government agency that has jurisdiction. (11) The plan shall be accompanied by a bond sufficient to ensure compliance with the approved permit and adequate site restoration. The amount of the bond will be based upon the size of the site, sensitivity of its surroundings, extent of grading, amount of material moved, necessary site restoration and potential impacts upon public facilities, including damage to public roadways and property.     6   (12) The plan must comply with the state building code and all other applicable statutes or ordinances. SECTION 4. Stillwater City Code Chapter 31-525 relating to Stormwater Management Practices is hereby repealed from this section of the Code, and is being recodified as Section 35- 26 by separate ordinance. SECTION 5. Stillwater City Code Chapter 32-1 relating to the Subdivision Ordinance is hereby amended as follows: Sec. 32-1. – Subdivision ordinance. 32-1 Subd. 6 (6) regarding drainage requirements in subdivisions: (6) Drainage. Standards for drainage shall be as follows: a. All surface and underground drainage systems must be installed to adequately remove all natural drainage that accumulates on the developed property. All systems must be in conformance with the community drainage plan and all piping must provide complete removal and a permanent solution for the removal of drainage water. The drainage system may include a storm sewer system or a system of open ditches, culverts, pipes, catchbasins and ponding areas. b. The drainage plan must meet the criteria of the City’s Engineering Design Guidelines. c. All development areas that drain into Long Lake and/or Brown Creek must show how the proposed drainage system will minimize the impact on those DNR protected wetlands. SECTION 6. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance moves Stormwater from the zoning code into the city code and updates the standards to be consistent with the Engineering Design Guidelines. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 18th day of June, 2019.     7   CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1   ORDINANCE NO. 1127 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 35-26 REGARDING STORMWATER MANAGEMENT PRACTICES The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 35-26 is hereby amended as follows: Sec. 35-26. - Stormwater management practices. Stormwater management practices shall be as follows: Subd. 1. Statutory authorization. This Section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 103B and 462; Minnesota Rules, Parts 6120.2500-6120.3900, Minnesota Rules Chapters 8410, 8420 and 70510.0210. Subd. 2. Findings. The city hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely affects the public health, safety and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the city to provide adequate water, sewage, flood control and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in areas which may be affected by unplanned land use. Subd. 3. Purpose. The purpose of this Section is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects caused by poorly sited development or incompatible activities by regulating Land Disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between Land Disturbing and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for Land Disturbing or development activities proposed for such areas, thereby achieving a balance between urban growth and development. Subd. 4. Scope and effect. The scope and effect of this Section is as follows: (a) Applicability. Every applicant for subdivision or a permit to allow Land Disturbing Activities must submit a stormwater management plan to the department of community development. No building permit, subdivision approval or permit to allow Land Disturbing Activities may be issued until approval of the stormwater management plan or 2   a waiver of the approval requirement has been obtained in strict conformance with the provisions of this Section (b) Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting authority for Land Disturbing Activities requiring an NPDES Permit for construction activity, including the requirements for developing and implementing a SWPPP. Where required, the NPDES Permit is in addition to Permits required by the City of Stillwater. (c) Exemptions. The provisions of this Section do not apply to: (1) Any part of a subdivision if a plat for the subdivision has been approved by the city on or before August 3, 1993. (2) Any activity for which plans have been approved by the watershed management organization with jurisdiction over the project within six months prior to August 3, 1993. (3) A lot for which a building permit has been approved on or before August 3, 1993. (4) Minor Land Disturbing Activities such as home gardens and an individual’s home landscaping, repairs and maintenance work, installation of fence, sign, telephone and electric poles and other kinds of posts or poles. (5) Emergency work to protect life, limb or property and emergency repairs, unless the Land Disturbing Activity would have required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city’s requirements as soon as possible. (6) Construction, installation and maintenance of electric, telephone and cable television, utility lines or individual service connection to these utilities, which result in creating less than 5,000 square feet of exposed soil; (7) Tilling, planting or harvesting of agricultural, horticultural or silvicultural crops; (8) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles that result in creating less than 5,000 square feet of exposed soil; (9) Any Land Disturbing Activity that, in the discretion of the city, should be exempt from the provisions of this section. The city may exempt an activity from the provisions of this section if all of the following standards and requirements are met: a. Existing draining and ponding patterns are not significantly altered so as to adversely affect adjoining land; 3   b. The resultant grade and slopes at the property line are in substantial conformity to the surrounding natural topography and are set so as to minimize erosion and provide for sufficient drainage so that both natural and stormwater enter and leave the property at the original or natural drainage points; c. All banks will be left with a slope not greater than one foot vertical to four feet horizontal, except that greater slope shall be permitted if it is in substantial conformity to the immediately surrounding area, and in the judgment of the city, it is not expected to adversely affect future development of the site. All excavated areas shall be finally graded in substantial conformity to the surrounding natural topography; and d. The property is or will be graded so that stagnant water will not be permitted to collect upon it. e. The property requires an NPDES general construction permit that is located: i. within a Wellhead Emergency Response Area; and ii. within a Drinking Water Supply Management Area with a moderate to high vulnerability. (d) Incorporation by reference. The following are hereby incorporated by reference into this ordinance: (1) The city’s Engineering Design Guidelines are hereby incorporated into this ordinance. The Guidelines shall serve as the official guide for stormwater principles, methods, and practices for proposed development activities. (2) The National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency, August 1, 2018, as amended. Subd. 5. Plan approval procedures. Procedures for the approval of a stormwater agreement plan are as follows: (a) Application. A written application for stormwater management plan approval, along with the proposed stormwater management plan and maintenance agreement, must be filed with the city engineer and must include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted in the zoning district, and that the proposed use will conform to the standards set forth in this Section 35-26. (b) Plan contents. The stormwater management plan shall be prepared to meet the requirements of this ordinance, as well as the requirements within the city’s Engineering 4   Design Guidelines document, the city’s MS4 permit and the NPDES construction general permit. Subd. 6. Plan review procedure. Procedures for the review of a stormwater management plan are as follows: (a) Process. Stormwater management plans meeting the requirements of Section 35-26 Subd. 5 must be submitted by the community development director to the planning commission for review in accordance with the standards of Section 35-26 Subd. 7. (1) Projects within Carnelian-Marine-Saint-Croix or Browns Creek Watershed District must obtain watershed district permits as required. Projects within the jurisdiction of the Middle Saint Croix Watershed Management Organization (MSCWMO) must meet the requirements of the MSCWMO Watershed Management Plan. Projects within the MSCWMO meeting the full review requirements of the MSCWMO Plan will not be approved by the city until reviewed by the MSCWMO board. All projects must be reviewed and approved by the city engineer. (b) Duration. Plan approval will expire one year after date of approval unless construction has commenced in accordance with the plan. The planning department may grant one extension of not greater than one year. (c) Conditions. A stormwater management plan may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements of this are met. Conditions may limit the size, kind or character of the proposed development; require the construction of structures, drainage facilities, storage basins and other facilities; require replacement of vegetation; establish required monitoring procedures; stage the work over time; require alteration of the site design to ensure buffering; and require the conveyance to the city or other public entity of necessary lands or easements. (d) Performance. Projects with public improvements must submit a cash deposit or letter of credit in the amount of 125% of the cost of construction. The city may draw on the cash deposit or letter of credit to correct erosion and sediment concerns not addressed within the timeframe established in this subsection or to correct any failure to comply with the requirements of the Minnesota Pollution Control Agency General Stormwater Permit for Construction. The letter of credit must guarantee completion and compliance with conditions within a specific time and may be extended in accordance with Section 35-26 Subd. 6(b). (e) Fees. All applications for a stormwater management plan approval must be accompanied by a process and approval fee as set from time to time by resolution of the city council. Applicants must also reimburse the city for actual engineering costs incurred by the city for review of the application. Subd. 7. Approval standards. Standards for approval of a stormwater management plan are as follows: 5   (a) Failure to meet requirements. A stormwater management plan that fails to meet the standards in this ordinance and the city’s Engineering Design Guidelines shall not be approved. (b) All Land Disturbing Activities are required to follow the Construction Site Stormwater Runoff Control standards set within the city’s Engineering Design Guidelines and the NPDES construction general permit. The standards should meet the following requirements: (1) Erosion Control (2) Sediment Control (3) Temporary Sediment Basins (4) Dewatering and Basin Draining (5) Inspection and Maintenance (6) Pollution Management Measures/Construction Site Waste Control (7) Final Stabilization (8) Training (c) Stormwater management criteria for permanent facilities. Unless determined by the city engineer to be exempt or granted a waiver, all site designs shall establish Stormwater Management Practices to control the peak flow rates and pollutants of stormwater discharge associated with specified design storms and runoff volumes, as detailed in the city’s Engineering Design Guidelines. Stormwater management criteria for permanent facilities are as follows: (1) The applicant must give consideration to reducing the need for stormwater management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. (2) The following stormwater management practices must be investigated in developing a stormwater management plan in the following descending order of preference: a. Infiltration of runoff on the site, if suitable soil conditions are available for use; 6   b. Flow attenuation by use of open vegetated swales and natural depressions; c. Stormwater retention facilities; and d. Stormwater detention facilities. (3) A combination of successive practices may be used to achieve the applicable minimum control requirements specified in Section 35-26 Subd. 7(c). Justification shall be provided by the applicant for the method selected. (d) Design standards. Stormwater detention facilities constructed in the city shall be designed according to the most current technology as reflected in this ordinance and the city’s Engineering Design Guidelines. Rate Control, Volume Control and Water Quality standards, as contained in the city’s Engineering Design Guidelines shall apply, unless strict adherence is waived by the City Engineer for development that results in less than one acre of Land Disturbing Activity. As an alternative to meeting the Volume Control and Water Quality standards for Land Disturbing Activities that are less than one acre or for single-family residential projects involving more than 15 units, the applicant may install a stormwater improvement, as described in the city’s Engineering Design Guidelines. Provisions shall also be required to control the rate of runoff if determined to be necessary by the City Engineer. (e) Stormwater Management Facilities Maintenance Plan and Agreement. (1) All storm water management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance purposes and to be structurally sound. The applicant shall enter into a Maintenance Agreement with the city that documents all responsibilities for operation and maintenance of all permanent stormwater management facilities. Such responsibility shall be documented in a maintenance plan and executed through a Maintenance Agreement. The Maintenance Agreement shall be executed and recorded against the parcel. The stormwater Maintenance Agreement shall be in a form approved by the city and shall describe the inspection and maintenance obligations of this section and shall, at a minimum: a. Designate a responsible party who is permanently responsible for maintenance of the structural and nonstructural measures. b. Assign responsibilities for such maintenance to successors in title. c. Allow the city and its representatives the right-of-entry for the purposes of inspecting all permanent storm water management facilities. d. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent storm water management facility. 7   e. Include a maintenance plan that contains, but is not limited to the following: 1. Identification of all structural permanent storm water facility. 2. A schedule for regular inspection, monitoring, and maintenance of each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to quality, temperature, and quantity of runoff. 3. Identification of a responsible party for conducting the inspection, monitoring and maintenance for each practice. 4. Include a schedule and format for reporting compliance with the maintenance agreement to the city. (2) Inspection of Storm Water Management Facilities. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water management practices. a. When any new storm water management facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer, or combined sewer; the property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the city has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. b. The Director of Public Works, or designated representative, shall inspect all storm water management facilities during construction, during the first year of operation, and at least once every five years thereafter. The inspection records will be kept on file at the public works department for a period of 6 years. It shall be responsibility of the applicant to obtain any necessary 8   easements or other property interests to allow access to the storm water management facilities for inspection and maintenance purposes. (3) Records of Installation and Maintenance Activities. The responsible party shall make records of the installation and of all maintenance and repairs of the storm water management facilities and shall retain the records for at least three (3) years. These records shall be made available to the city during inspection of the storm water management facilities and at other reasonable times upon request. (4) Failure to Maintain Practices. If the responsible party fails or refuses to meet the requirements of the Maintenance Agreement, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the storm water management facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the city shall notify the responsible party in writing. Upon receipt of that notice, the responsible party shall have thirty days to perform maintenance and repair of the facility in an approved manner. After proper notice, the city may specially assess the owner(s) of the storm water management facility for the cost of repair work and any penalties; and the cost of the work shall be assessed against the property and collected along with ordinary taxes by the county. (f) Wetlands. Wetlands requirements are as follows: (1) Runoff must not be discharged directly into wetlands without presettlement of the runoff. (2) A protective buffer strip of natural vegetation at least one rod (16.5 feet) in width must surround all wetlands, however actual buffer dimensions shall be as required by the CMSCWD, BWCD, MSCWMO, or the City’s Engineering Design Guidelines, whichever is greater. (3) Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Replacement must be guided by the following principles in descending order of priority: a. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; b. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; c. Rectifying the impact by repairing, rehabilitating or restoring the affected wetland environment; 9   d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and e. Compensating for the impact by replacing or providing substitute wetland resources or environments. Compensation including the replacement ratio and quality or replacement must be consistent with the requirements outlined in the rules adopted by the board of water and soil resources to implementing the Wetland Conservation Act of 1991. (g) Catchbasins. All newly installed and rehabilitated catchbasins must be provided with a sump area for the collection of coarse-grained material. The basins must be cleaned when they are half-filled with material. The requirements of this subsection may be waived by the public works department if the requirements are not feasible. (h) Drain leaders. All newly constructed and reconstructed buildings must route drain leaders to storm sewer facilities or pervious areas wherein the runoff can be allowed to infiltrate. The flow ratio of water from the leaders must be controlled so no erosion occurs in the pervious areas. (i) Models; methodologies; computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of stormwater management structures must be approved by the director of public works. Plans, specifications and computations for stormwater management facilities submitted for review must be sealed and signed by a registered professional engineer. All computations must appear on the plans submitted for review, unless otherwise approved by the director of public works. (j) Watershed management plans; groundwater management plans. Stormwater management plans must be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with Minn. Stat. §§ 103B.231 and 103B.255, respectively, and as approved by the state board of water and soil resources. (k) Easements. It is the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. (l) Other controls. In the event of any conflict between the provisions of this subdivision and other provisions of this chapter, the more restrictive standard prevails. Subd. 8. Right of entry. The issuance of a Permit constitutes a right-of-entry for the city or its contractor to enter the construction site. The Applicant shall allow the city and its authorized representatives, to: (a) Enter the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys; (b) Bring such equipment on the site as is necessary to conduct such surveys and investigations; 10   (c) Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site; (d) Inspect the stormwater pollution control measures; (e) Sample and monitor any items or activities pertaining to stormwater pollution control measures; (f) Correct deficiencies in stormwater and Erosion and Sediment Control measures consistent with the city’s Ordinances and the Engineering Design Guidelines. Subd. 9. Search warrants. If City employees have been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of an administrative search warrant from any court of competent jurisdiction. Subd. 10. Penalty. Any person, firm or corporation violating any provision of this ordinance shall be fined not less than five dollars nor more than five hundred dollars for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (a) Notice of Violation. When the city determines that an activity is not being carried out in accordance with the requirements of this ordinance, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain: (1) The name and address of the owner; (2) The address when available or a description of the land upon which the violation is occurring; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to bring the development activity into compliance with this ordinance and a time schedule for the completion of such remedial action; (5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and (6) A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of services notice of violation. 11   (b) Stop Work Orders. Persons receiving a notice of violation will be required to halt all construction activities. This Stop Work Order will be in effect until the city confirms that the Land Disturbing Activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this ordinance. (c) Civil and Criminal Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this ordinance shall be guilty of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. (d) Restoration of Lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which may, after notice and opportunity for hearing, be specially assessed against the property and collected along with the ordinary taxes by the county. Subd. 11. Appeals. Any person aggrieved by the action of any official charged with the enforcement of this ordinance, as the result of the disapproval of a properly filed application for approval, issuance of a written notice of violation, or an alleged failure to properly enforce the ordinance in regard to a specific application, shall have the right to appeal the action. (a) The aggrieved person shall submit the appeal in writing and include supporting documentation. (b) Appeals shall be heard by an administrative hearing officer as provided in chapter 22-10 subd. 4. Subd. 12. Other controls. In the event of any conflict between the provisions of this ordinance and the provisions of an erosion control or shoreland protection ordinance, the more restrictive standard prevails.   SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance is amended to update all applicable statutory references, to acknowledge that the MPCA is the permitting authority for all Land Disturbing Activities requiring a National Pollutant Discharge Elimination System permit, exempting minor land disturbing activities, utility construction and agricultural operations from stormwater management requirements, enhancing city inspection activities, giving the city the authority to abate and assess violations, and incorporating design guidelines by reference. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. 12   Passed this 18th day of June, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk   Date: June 12, 2019 TO: Mayor and Council FROM: Bill Turnblad, Community Development Director SUBJECT: 2019 Fee Schedule changes Last month the City Council approved changes to the fees and fines associated with Short Term Rental licensure. The approved changes are reflected in the attached Resolution. RECOMMENDATION: Staff recommends approval of the attached Resolution amending the 2019 Fee Schedule. ACTION REQUIRED: If Council concurs with the recommendation, pass a motion adopting the attached Resolution. RESOLUTION 2019- RESOLUTION AMENDING RESOLUTION 2018-173 ADOPTING 2019 FEE SCHEDULE WHEREAS, the Stillwater City Council adopted Resolution 2018-173 entitled “Resolution adopting 2019 Fee Schedule” on December 18, 2018; and WHEREAS, on May 21, 2019 the City Council approved changes to the fees and fines associated with Short Term Home Rental licenses. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that Resolution 2019-016 is hereby amended to reflect the following changes: Under the Misc. Planning and Zoning Permit Applications section, replace existing Short Term Home Rental License fees with: STHR License (valid 3 years) $300 Additional Inspections (1st inspection included in license fee) $150 each Under the administrative citations section add: Short Term Home Rental complaints: 1st verified complaint = $250 2nd verified complaint = $1,000 3rd verified complaint = $2,000 Adopted by Council this 18th day of June 2019. ________________ _____________ Ted Kozlowski, Mayor Attest: ______________________ _________ Beth Wolf, City Clerk   Date: June 14, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: St. Mary’s Church – German Fest and Wild Rice Festival Attached is the event application for an event organized by St. Mary’s Church for their annual German Fest on Friday, September 6 th and their Wild Rice Festival on Sunday, September 8th.   It is before Council due to the closure of 5th Street from Pine to Oak Street on Friday 5 pm‐ 10 pm and Sunday 10 am‐4 pm. The church will notify surrounding neighbors. Also included is their temporary liquor license application. The organizer will be charged the events fees according to the 2019 Fee Schedule. RECOMMENDATION: Staff recommends approval of the events and temporary liquor license. ACTION REQUIRED: If Council accepts the staff recommendation they should pass a motion approving the events. le/f/l q ~ {t6 ~I! f 7/:7 EVENTS PERMIT APPLICATION REce,ve,o -; \ TH£ ltlTHVLAC£ Of MINlllSOlll 216 North 4th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 NAY IJ 2fll Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: M Q.'d \ 'D t 1)0 I:} Event Information Title/Name of Event St. Mary's Church, Wild Rice Festival Event Date/Time: Set up: Date Friday Sept lo ~ A.O ~9 Actual Event: Date Friday Sept / Sunday Sept Clean up: Date Sunday Sept ~~ ao\:1 Location (Address) of Event: 423 South 5th Street, Stillwater (If in Lowell Park please specify north or south Lowell park) Office Use Only City ~f ~tillwater Date Appllcation Rece fvigmrnrst,afiE)R Type: Event Special Event Event w/ Contract T" all day 1me to f<l \ 5 -\ t) ~n,, Time SY'\, 11 -L\ p111 to Time immediate to (Events after 10:00 p.m. require a variance from City Council Description of Event (please be specific-this information will be used to promote the event on the City of Stillwater website) Germanfest-Friday night -to promote our German heritage with food, beer and music. 6-\0pwi Annual Wild Rice Festival -Sunday -annual festival; chicken dinner, silent auction, snack booth, quilts, bakery, kids games, cake walk, used books and 2nd hand treasures. • \ \ I\, m -L\ pm Estimated Attendance (participants and spectators): Applicant information (Person/Group Responsible) Sponsoring Organization Name: St. Mary's Catholic Church Mailing Address: 423 South 5th Street . City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Flo Harris -office manager Phone Number: 439-1270 Fax: 439-7045 Cell Phone: 651-491-9335 Email Address: fharris@costm.org Website Address: www .stmarystillwater.org Name of contact person during event: Brad Junker Cell Phone: 724-0153 Alternate contact during event: Liz Junker Cell Phone: 269-2966 Refer media or citizens inquires to: St. Mary's Church (s,51 Phone: 439-1270 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features II II Will any signs/banners be put up No D Yes~ Number and size: <SY\ .... ViYl.Q... ;J. L{ X. d-., '-{ Will there be any inflatables? No D Yes D Insurance certificate from rental vendor is required I Fees for electricity may Will there be entertainment? No D Yes D What type: -r_ ~V\....Q., ~ apply see Instructions Will sound amplification be used? No D Yes D Hours and Type: V\D+ SUY:Q... Will a stage or tent(s) be set up? No D Yes~ Dimensions: E{) 1 '( "J_ D l l~-fuvv L,v.j.Q___J_, Will there be temporary fencing? No D Yes D Will merchandise/food items be sold? No D Yes~ How many Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? No D Yes~ Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No~ Yes D Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No~ Yes D See Alcohol Regulations in the Instructions Will alcohol be sold? No D Yes~ See Alcohol Regulations in the Instructions Will there be a fireworks display? No)( Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe p~ needs and location of power sou~ w ~--"R- ··-CcsvvulS ~ V'(: c.;{,( ~ O u_(J?_, FMD ~~~ Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available -~\~tr~ l Cln~~~ fu_\ lV\ , ta_,~ia1,LcS(u i t-fU)_,L.o~'P~~ City Services (After reviewing the event application, City services may be requrled for the event.) Will event use, close or block any of the following: If yes specify location on site map. ~;~ 5-\G pvn City Streets or Right-of-way No D Yesl}( Start/End Time: S ifrt \\ ~~t=-4 fW\ City Sidewalks or Trails No~ Yes D Start/End Time: Date: Public Parking Lots or Spaces No ~ Yes D Start/End Time: Date: Will event need barricade(s)? No D Yes~ Number needed: ~ Fees may apply see Instructions Will extra picnic tables be needed? No·L)( Yes D Number needed: Fees may apply see Instructions Will portable restrooms be needed? NoX Yes D Number needed: Fees may apply see Instructions Will extra trash receptacles be needed? No~ Yes D Number needed: Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: Will event need traffic control? No~ Yes D Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Will "No Parking Signs" be needed? No D Yes~ Number needed: ~ Fees may apply see Instructions Show location(s) on site map Will event need security? No )IS Yes D If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No~ Yes D Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Describe the emergency action plan if severe weather should arise: List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to __ fle[.sqnLor p,:.ope_r.ty, a1texp_e.n.~e.s_and. other liability that may res ult from this_ activity. Depending.on the size of ond rope1Jj...the..eJLnt.a ____ _ "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City o Stillwater and is a release of Liability. !:i-\o-\~ Signature of Applicant or Authorized Agent Date Alcoho l & Gaimh ling Enforcement Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 lTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE RECEIVED -- MAY 31 2019 City of Stillwater Administration Name of organization Date organized Tax exempt number IL_s_t._M_a_ry_'s_c_a_t_ho_l_ic_C_h_u_rc_h ________________ __.! _l1_s6_s ______ ~l l ss4-9225 Address City State Zip Code IL_4_2_3 _So_u_t_h_S_th_S_t_re_e_t ______________ __.l !stillwater I .... IM_i_nn_e_s_o_ta ___ __.)I .... s_s _os_2 ___ ~ Name of person making application Business phone Home phone j,__Fl_oH_a_rri_s ______________ __.l.__l6s_14_3_9-_12_70~~~'11Yf1a35 Date(s} of event cl.-' S/0 l~·Type of organization ,--___;-'--..-----------.:...____;_.!......:. ____ ....::y.-,+;;..;...---f September O Club O Charitable [8] Religious O Other non-profit Organization officer's name City State Zip Code LF.:.:lo...:H...:a:...:.r:....:.ris::..._ ______ ___g~:....=:::--=:.::::::S!:o::~==,---__j _I S_ti_llw_a_t_er ____ ___,I (Minnesota I I ssos2 Organization officer's name City State Zip Code l.__·~=r:,-~--==---:S--=--.;;..vl-=-'"~b"""""-"-r_-_.,h/:U...,,.__... ......... /\+~G-1_c_ocd~i,~1c4 ...... I S\i\\v C~ I .__!M·_mn_eso_ta _ __.l I 5·505,,µj Organization officer's name City State Zip Code .__I ___,_,\ C).....______.~~=-s=...i\...:=..S_-~c~~tJ1-+=-'"""""CL"'--'{/Vyµ,,~=-:........::.:qff~'/L'---'I I S-\:{\\Wa.¥:(r ! ._IM _inn_eso_ta _ __.l I 550f.:L I Organization officer's name City State Zip Code '---------------~ ~' _____ __.I !Minnesota ! .__I ___ __. Location where permit will be used. If an outdoor area, describe. St. Mary's Church parking lot. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL R COUNTY BEFORE SUBMITIING TO ALCOHOL AND GAMBLING ENFORCEMENT Date Approved Permit Date ' 1 date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Sub mit this form to Alcohol and Gambling Enforcernent Divi sion 30 days prior to eve nt. ONE SUBMISSION ?ER EMAIL, APPUCATION ONL Y, PLEAS E PROVIDE A VA LID E··MAIL ADDRESS FOR THE CITY/CO UNTY AS ALL TEMPORARY PERMIT APPROVA LS WILL BE SENT BACK VIA EMAIL E-MAIL THE APPLICATION SIGNED BY CI T ~~TVTO AGf .TEMPQRB.RVAPPLICAT lQ!'!@ STATE .MN.u s   Date: June 13, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Issuance of a New On‐sale & Sunday Liquor License The Lodge at Stillwater LLC DBA The Lodge DISCUSSION: An application has been received for a new On‐sale and Sunday liquor license for The Lodge at Stillwater, LLC DBA The Lodge located at 107 Bridgwater Way which is the new senior living complex call The Lakes on Myrtle St/CR 12. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before staff issue the actual license to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving the issuance of a New On‐sale and Sunday Liquor License to The Lodge at Stillwater, LLC DBA The Lodge contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Public Health and Environment Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division.   Date: June 13, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Board of Water Commissioners Reappointment Karen Jensen’s term on the Board of Water Commissioners will expire on June 30, 2019. She will have completed her 1st term on the board. Staff published the opening, applications were received and interviews were conducted to fill the upcoming vacancy. Robert Benson, Manager of the Water Department, has indicated the Board of Water Commissioners would like to recommend Karen Jensen be reappointed for another term. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion to approve the reappointment of Karen Jensen to the Board of Water Commissioners for another term.   RESOLUTION 2019‐016 RESOLUTION AMENDING RESOLUTION 2018‐173 ADOPTING 2019 FEE SCHEDULE WHEREAS, the Stillwater City Council adopted Resolution 2018‐173 entitled “Resolution adopting 2019 Fee Schedule” on December 18, 2018; and WHEREAS, the City’s Public works Director has recommended the increase of develoment fess based on the index rate of 3.0%; and WHEREAS, a deletion of Contract Parking covered spaces, bulk rate shall occur as it is no longer offered. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that Contract Parking covered spaces, bulk rate shall be removed. NOW THEREFORE, BE IT FURTHER RESOLVED that Resolution 2019‐016 is hereby amended to reflect the following rates: AUAR (STORM SEWER) Single Family $6,283/acre Multi-family/Commercial $12,566/acre TRUNK SEWER AND WATER Phase III Annexation $18,314/acre Long Lake East $10,293/acre Long Lake West $15,522/acre Middle Trunk A (Water) $6,542/acre Boutwell East $14,590/acre Boutwell West $11,274/acre SEWER & WATER HOOKUP Sanitary Sewer $4,432/unit Water $4,432/unit Adopted by Council this 22nd day of January 2019. ________________ _____________ Ted Kozlowski, Mayor Attest: ______________________ _________ Beth Wolf, City Clerk STANDARD CONTRACT AGREEMENT THIS AGREEMENT, is made this day of , 2019 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City") and Miller Excavating, Inc., 3741 Stagecoach Tr. N., Stillwater, MN 55082 (hereinafter called "Contractor"). 1. The Work. The Contractor agrees to perform grading of the Benson Blvd. Neighborhood Drainage. All work will be done in a workman-like manner and materials will be fit for the purpose. Work must be completed according to the Benson Blvd. Neighborhood Drainage Project plans. 2. Payment. This work, including all labor, materials and equipment needed to accomplish the Benson Blvd. Neighborhood Drainage Project shall be completed by the Contractor for the unit prices shown on the attached proposal form to be paid to the contractor upon satisfactory completion and acceptance. The Contractor must submit a certified Contractor Affidavit (Minnesota Revenue Form IC134) to the City of Stillwater before final payment can be made. 3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work according to the plans for the project. 4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission of the Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 5. Insurance. Contractor agrees that in order to protect itself and the City under indemnity provisions set forth above, it will at all times during the term of this contract, keep in force policies of insurance as indicated in this contract. The Contractor shall not commence work until a Certificate of Insurance covering all of the insurance required by these specifications is approved and a Notice to Proceed is issued by the Assistant City Engineer. The insurance protection will have the following limits: A. $1,500,000 for any number of claims arising out of a single occurance, and to name the city as an additional insured "as their interests may appear." B. Comprehensive Automobile Liability: (1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Worker's Compensation Coverage. 6. Prompt payment to subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance ofless than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 7. Completion Date. Completion of the Benson Blvd. Neighborhood Drainage Project must be done according to the terms of the project. IN WITNESS WHEREOF, the parties have set their hands this_ day of , 2019. ----- CITY OF STILLWATER By: ____________ _ Ted Kozlowski, Mayor By: ---------------Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this of ______ , 2019 by Ted Kozlowski, Mayor and Beth Wolf, City Clerk for the City of Stillwater. CONTRACTOR STATE OF MINNESOTA ) 1, ~ J,, HA,~ ) ss , Notary Public Commission Expires· I I Comrrrissi~ );c.= B~ (Please Prin9: 51:y;A,.iru~ Claiu. Title (Please Prmt): PJe~trAtJ ~...._,_ ........ ~....._ ______ _ COUNTY OF W~ ) The foregoing instrument was acknowledged ~fore Hte this lt!:_ ofq k"'-.-, 2019 by for~ 1£.~;J,;, its Yt~ ---- tH~ Commission Expires: Commissioned A · ~~~1111.-.-.----~,-ME UN I) A LEE HACKETT NOTARY P.UBUC MINNESOTA My Comml11lon hpjr11.J111U11y 3t, 2020 City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-430-8830 651-275-4112 Fax ra bd u I la h@ci.st ii lwat er .m n. us BENSON BLVD. W. NEIGHBORHOOD DRAINAGE Bid Propo sa l It em ti ltern Unit Quantity Unit Price 1 Mobilization LS 1 $ Lo8o.oo 2 Temporary Rock Construction Entrance EA 1 $ l O 't0.00 3 Remove and dispos e of r~.~a ining wall LS 1 $ l,,, LO , /In 4 Remove Tree EA 10 $ 1 'oO. OD 5 Salvage and Reinstall Chain Link Fence 1.F 40 $ ~S-oo 6 Connect to existing Storm Structure EA 1 $ \'$00,CID 7 21" PVC Corrugated pipe LF 178 $ 1£,DO 8 F&I 48" Storm Structure EA 2 $ ~z..so. oo 9 F&I R-4353 Neenah ca sting and Grate EA 2 $ ,"1S.oo 10 Common Borrow CY 120 $ .3t>. IS 11 Si lt Fence Type Heavy Duty LF 300 s 6.00 12 Common Topsoil Borrow (P) (CV) CY 25 $ \, o:z..o 13 Seeding SY 650 $ I. 3S 14 Erosion Control Blanket type 1 SY 450 $ z.~ c; 15 Sediment Control Log Type Wood Fiber LF 80 $ 4 ."ts 16 Inlet Protection EA 3 $ 2 io.oo GRAND TOTAL (BASIS OF AWARD) Bids must be received at the City Hall no later than 10:00 am on Friday, may 31, 2019 Bid s may be submitted by mail, email, fax or in person to City Hall at above address, Attn: Reabar Abdullah Resposible Contractor Verification and Certification must be submitted with Bid Bids should be labeled: Benson Blvd. W. Neighborhood Drainage All bids must be submitted on the City's proposal form and be a complete proposal Please provide any additional comments, modifications, or suggestions to the bid prior to bid due date. Question s contact Reabar Abdullah at 651-430-8834 or rabdullah@ci.stillwater.mn.us Th e City reserves the right to add or subtract quantities IC 134 mu st be submitted prior to final payment The City anticipates the work be done on or before August 23, 2019 Amount $ 2-v'ffD .DO $ Laqo 00 $ lo Lo. f)O $ ,SDD,DO $ l 'lOD,00 $ J;?,JY't) ..oo $ \1U~.oo $ ~ SoO ,oo $ 15'ib,0D $ ~Ill v.oo $ I too. oo $ l SoS' .110 $ S"Yl, $0 $ '11,tl.£ 0 $ Jq(.,,OO $ '«'-to. 01) Date : 5 /'!JI /11 ---=-----'-------Company Name: A /fey £f"(tltl~15Jric. Print Name : Jft µAvL A: dw ~, - Signature : __ ...,'--/-~~-----"'V'--~--· .£_ ________ _ Addr ess: _!.?7c/ L J 1'1tcf)tlcZ ·7;-~ ;!fl z, Jf/J I fiVtvf;/,r 1L/ N s SZl f'z_. Title : ({JMcl.J,,J --=--------------Phone : Em ail Address: {P.J/-3.$/ ~ 7 2./ 0 ----------'--------- PLANNING REPORT TO: City Council CASE NO.: 2019-23 REPORT DATE: June 12, 2019 MEETING DATE: June 18, 2019 APPLICANT: City of Stillwater LANDOWNER: N/A REQUEST: Zoning Text Amendment (ZAT) to for amendments to the city code pertaining to the siting of wireless towers LOCATION: Citywide ZONING: Parks Recreation and Open Space (PROS), Public Works Facility District (PWFD), and the Public Administrative Offices (PA) districts REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION City Code Section 31-512, Regulation of radio and television towers, indicates the preferred location for antennas and towers include: government and utility sites; school sites; and golf course, or public parks when compatible with the nature of the park or course. However, the Allowable Uses in Non-Residential Districts table does not indicate they are allowed in the Parks Recreation and Open Space (PROS) district nor the Public Works Facility District (PWFD). Furthermore, the Code expressly indicates they are prohibited in the Public Administrative Offices (PA) district. Given the conflicting language in the zoning section of the City Code, City staff is seeking to clarify in which public zoning districts antennas and towers should be allowed. SPECIFIC REQUEST The request includes modification to the following City Code Sections: 1. Amending the use table in Section 31-325 to look like this: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-BP-BP-I CRD PA PWFD PROS CPC Case no. 2019-23 Page 2 C O Wireless Communication Towers and Antennae CUP CUP CUP CUP CUP CUP 2. Amending Section 31-512 to read as follows: Section 31-512, Regulation of radio and television towers Wireless Telecommunication Services, Subd. 5 Central business district (CBD) and professional administrative (PA) district. Any person, firm or corporation erecting an antenna in central business and professional administrative districts shall meet the following requirements: a) Towers are not allowed in the CBD and PA districts. ANALYSIS There are inconsistencies in the City Code. While one section indicates towers and antenna are preferred on public lands, other sections of the code indicate they are outright prohibited on public lands. Staff believes that the intent of the tower ordinance was to allow towers to be located in all of the public zoning districts with a Conditional Use Permit. There are four towers in the City of Stillwater. Three of the towers are located on private property. One of the towers, however, is located on public land, at the Jaycee Ballfield site owned by ISD #834. The ordinance amendment would provide clarification that the tower on the public school site, which lawfully obtained a Use Permit, would be conforming to the allowable uses table. Furthermore, indicating towers and antenna are allowed in the PA district would bring public entities who have placed these types of improvements on their facilities and sites into conformance while opening up greater opportunities for future siting. That said, the City’s ordinances pertaining to performance standards and minimum distance requirements between facilities would still apply. APPLICABLE REGULATIONS Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when:  Public necessity, general community welfare and good zoning practice permit the amendment; and  The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. POSSIBLE ACTIONS CPC Case no. 2019-23 Page 3 The City Council has the following options available to them: 1. If the City Council finds the public necessity, general community welfare and good zoning practice permit the amendment and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, the Council should move to approve Zoning Text Amendment 2019-23 allowing for modifications to City Code Sections 31-325 and 31-521. 2. Make findings that the public necessity, general community welfare and good zoning practice do not permit the amendment or that the proposed amendment is not in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, and deny the requested ordinance amendment. 3. Table consideration for more information. FINDINGS AND RECOMMENDATION The City of Stillwater’s Radio and Television Tower regulations apply to all properties within the City. As currently written and interpreted, however, the ordinance is contradictory with itself. The general community welfare would be furthered if there is greater clarification in where the City prefers the location of these facilities. Additionally, expanding which public facilities they may be permitted on will enable greater opportunity for siting on public lands. Therefore, good zoning practices throughout the community and within the field of local government land planning permit the amendment. The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. At their May 22, 2019 regular meeting, the Planning Commission forwarded a favorable recommendation of approval of the proposed ZAT. Additionally, staff recommends the City Council move to approve a Zoning Text Amendment to City Code Sections 31-325, Allowable uses in non-residential district, and Section 31-512, Regulation of radio and television towers. Attachments: Draft Ordinance – Legislative Version ORDINANCE _________ AN ORDINANCE AMENDING ARTICLE 31-325, ALLOWABLE USES IN NON- RESIDENTIAL DISTRICTS, AND ARTICLE 31-512, REGULATION OF RADIO AND TELEVISION TOWERS OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Article 31-325 of the City Code, Allowable uses in non- residential districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP- C BP- O BP-I CRD PA PWFD PROS Wireless Communication Services Towers and Antennae CUP CUP CUP CUP CUP CUP SECTION 2. AMENDMENT. Article 31-512 Subd. 5 of the City Code, Regulation of radio and television towerswireless telecommunication services, is hereby amended as follows: Subd. 5. Central business district (CBD) and professional administrative (PA) district. Any person, firm or corporation erecting an antenna in central business and professional administrative districts shall meet the following requirements: a) Towers are not allowed in the CBD and PA districts. b) Antennas are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting and character of downtown and its historic buildings and the national register historic district. c) All support service equipment for towers must be enclosed within an existing building or located and screened so as to be hidden from public view from the street or above. c)d) Notwithstanding Subd. 5(c), all small wireless support structures and small wireless facilities shall comply with Article 24-35. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance indicates wireless communication towers and antennae may be allowed by conditional use permit in the PA, PWFD, and PROS zoning districts. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 4th day of June, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette – ______________________   Date: June 18, 2019 TO: Honorable Mayor and City Council Members FROM: Kori Land, City Attorney SUBJECT: Commercial Lawn Fertilizer Applicators Introduction The City has historically licensed businesses that apply lawn fertilizers and the city clerk requested clarification as to whether the city should continue to do so, since these types of businesses are state licensed. Narrative and Recommendation Upon review, it was determined that the Minnesota Department of Agriculture has the sole authority to regulate the licensing of fertilizer applications, therefore, the city should not also be requiring a license. In an effort to remove unnecessary ordinances from the city code, we are recommending the repeal of Section 35‐25(d) regarding Regulations for Commercial Lawn Fertilizer. We recommend the Council hold the public hearing and approve the ordinance for its first reading. 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE REPEALING SECTION 35-25 (d) REGARDING REGULATIONS FOR COMMERICAL LAWN FERTILIZER APPLICATORS OF THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. REPEALER. Stillwater City Code Chapter 35, Section 35-25 (d) Regulations for commercial lawn fertilizer applicators is hereby repealed in its entirety. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: In an effort to remove unnecessary ordinances from the City Code, this ordinance repeals the requirement that commercial lawn fertilizer businesses be licensed by the City. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of __, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk     TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: June 14, 2019 SUBJECT: Revised City of Stillwater Employment Policy Manual BACKGROUND The City of Stillwater City Council adopted a City of Stillwater employment policy manual in September 2001. The last known update to the policy manual was 2013. During the past two years, the manual has been revised and amended to bring statute and policy references up-to-date to comport with State and Federal law, and to expand descriptions of current practice. Each revised section has been reviewed by city administration, department heads, and then internally by the City Attorney’s office and externally the City’s labor attorney’s office. Due to the number of updates, we recommend the revised Employment Policy Manual be approved in its entirety. RECOMMENDATION Staff recommends adoption of the resolution entitled, “Approving the Revised City of Stillwater Employment Policy Manual.”      APPROVING THE REVISED CITY OF STILLWATER EMPLOYMENT POLICY MANUAL BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the attached revised City of Stillwater Employment Policy Manual is hereby approved. Adopted by the City Council this 18 day of June, 2019. _________________________________________ Ted Kozlowski, Mayor ATTEST: _____________________________ Beth Wolf, City Clerk EMPLOYMENT POLICY MANUAL City of Stillwater Adopted XX/XX/2019|Effective: XX/01/19 CITY OF STILLWATER 216 Fourth Street North |Stillwater, Minnesota 55082|651-430-8800|www.ci.stillwater.mn.us 1 Welcome Welcome to the City of Stillwater. We are delighted that you have chosen to join our organization and hope that you will enjoy a long and successful career with us. As you become familiar with our culture and mission, we hope you will take advantage of opportunities to enhance your career and further the City of Stillwater’s goals. You are joining an organization that has a reputation for outstanding leadership, innovation, and expertise. Our employees use their creativity and talent to invent new solutions, meet new demands, and offer the most effective services/products in the industry. With your active involvement, creativity, and support, the City of Stillwater will continue to achieve its goals. We sincerely hope you will take pride in being an important part of the City of Stillwater’s success. Please take time to review the policies contained in this handbook. If you have questions, feel free to ask your supervisor or to contact the Human Resources Department. 2 Table of Contents Introduction (Section 1) ....................................................................................................................................... 5 Purpose ............................................................................................................................................................. 5 Scope ................................................................................................................................................................ 5 Mission Statement ........................................................................................................................................... 6 Policy Development and Administration ........................................................................................................ 6 Employment Definitions .................................................................................................................................. 7 Equal Employment Opportunity and Commitment to Diversity (Section 2) ..................................................... 7 Equal Employment Opportunity ...................................................................................................................... 7 Americans with Disabilities Act (ADA) and Reasonable Accommodation ..................................................... 8 Commitment to Diversity ................................................................................................................................ 8 Harassment and Sexual Harassment ............................................................................................................... 8 Consensual Relationships .............................................................................................................................. 12 Respectful Workplace Policy ......................................................................................................................... 13 Whistleblower Policy ..................................................................................................................................... 18 Conflicts of Interest and Confidentiality (Section 3) ......................................................................................... 19 Conflicts of Interest ........................................................................................................................................ 19 Confidential Information ............................................................................................................................... 21 Recruitment and Selection (Section 4) .............................................................................................................. 21 Scope .............................................................................................................................................................. 21 Pre-employment Medical Exams ................................................................................................................... 21 Background Checks ........................................................................................................................................ 22 Introductory Period ........................................................................................................................................ 22 Employment Relationship (Section 5) ............................................................................................................... 22 Classification and Compensation Plan .......................................................................................................... 22 Employment of Relatives and Domestic Partners ........................................................................................ 23 Work Schedule and Hours of Work ............................................................................................................... 24 Meals and Rest Breaks ................................................................................................................................... 24 Timekeeping ................................................................................................................................................... 24 Overtime ......................................................................................................................................................... 25 Deductions from Pay/Safe Harbor Exempt Employees ................................................................................ 26 Wages ............................................................................................................................................................. 26 Separation from Employment ....................................................................................................................... 27 3 Severance Pay ................................................................................................................................................ 27 Training and Development ............................................................................................................................ 28 Workplace Safety (Section 6) ............................................................................................................................. 28 Emergency Closings ........................................................................................................................................ 28 Drug Testing ................................................................................................................................................... 29 Workplace Violence Prevention .................................................................................................................... 37 Commitment to Safety ................................................................................................................................... 37 Safety/Injury Reporting ............................................................................................................................. 38 Fitness for Duty .............................................................................................................................................. 39 Property Damage Reporting .......................................................................................................................... 41 Workers’ Compensation ................................................................................................................................ 41 Workplace Guidelines (Section 7) ..................................................................................................................... 41 Attendance ..................................................................................................................................................... 41 Job Performance (Performance Appraisal) ................................................................................................... 41 Outside Employment ..................................................................................................................................... 42 Personal Appearance ..................................................................................................................................... 42 Disciplinary Procedure ................................................................................................................................... 43 Grievance Procedure ...................................................................................................................................... 44 Keys and Security ........................................................................................................................................... 44 Social Media Acceptable Use ......................................................................................................................... 45 Cellular Phone Use ......................................................................................................................................... 48 Bulletin Boards ............................................................................................................................................... 50 Political Activity .............................................................................................................................................. 50 Technology and Internet Use, Including Software, Hardware, Games, Screensavers................................. 50 Personal Use of City Property ........................................................................................................................ 55 Fire/Emergency Response by Full Time Employees ...................................................................................... 55 Use of City Vehicles ........................................................................................................................................ 56 Travel Expenses .............................................................................................................................................. 56 Property Damage Reporting .......................................................................................................................... 57 Election Pay .................................................................................................................................................... 57 Government Data Practices Act ..................................................................................................................... 57 Gifts and Gratuities ........................................................................................................................................ 58 News Releases, Public Statements and Public Appearance ......................................................................... 58 4 Volunteers ...................................................................................................................................................... 59 Telecommuting .............................................................................................................................................. 59 Leave Time (Section 8) ....................................................................................................................................... 63 Holidays .......................................................................................................................................................... 63 Vacation .......................................................................................................................................................... 64 Sick Leave ....................................................................................................................................................... 65 Family and Medical Leave .............................................................................................................................. 67 Family Care and Safety Leave ........................................................................................................................ 74 Pregnancy and Parenting Leave .................................................................................................................... 75 Military Leave ................................................................................................................................................. 75 Bereavement Leave........................................................................................................................................ 76 Catastrophic Leave Program .......................................................................................................................... 76 Jury Duty/Court Appearance ......................................................................................................................... 80 Elections and Time Off for Voting .................................................................................................................. 81 School Conference and Activities Leave ........................................................................................................ 81 Leave of Absence without Pay ....................................................................................................................... 81 Bone Marrow/Organ Donation Leave ........................................................................................................... 82 Nursing Mother .............................................................................................................................................. 82 Employee Benefits (Section 9) ........................................................................................................................... 83 Medical Insurance .......................................................................................................................................... 83 Group Life Insurance ...................................................................................................................................... 83 Employee Assistance Program ....................................................................................................................... 83 Retirement/PERA ........................................................................................................................................... 84 Appendix ............................................................................................................................................................ 84 Social Media Guidelines for City of Stillwater Sites or Accounts ................................................................. 85 Telecommuting Agreement Form.................................................................................................................. 88 Receipt and Acknowledgement of Employment Policy Manual .................................................................. 94 5 Introduction (Section 1) Purpose This Policy manual contains human resources and benefits information, personnel policies and procedures for City of Stillwater employees. The purpose of these policies is to establish a uniform and equitable system of personnel administration for employees of the City of Stillwater. They should not be construed as contractual provisions or as establishing terms of employment. No provision of this Policy manual is intended to violate, supersede or conflict with any state or federal statute or regulation. If any specific provisions of this policy manual conflict with any current provisions of any labor agreement between the City and a certified representative of City employees, the provisions of the labor agreement will supersede provisions of this Policy manual. Employment for all City employees is at -will employment and may be terminated by either the City or the employee at any time. These policies supersede all previous personnel policies. Employees are responsible for complying with current city policy at all times. The policies and procedures contained in this Policy manual may be revised from time to time as the City deems appropriate without prior notice. This policy manual cannot cover all possible situations. These personnel policies and procedures are created to serve as a guide for employees to follow in the performance of their job. Situations encountered by employees of the City that are not addressed in this manual will require the employee to exercise sound judgment. The terms and conditions of this manual with respect to employment matters do not constitute nor are they intended to imply a contract of employment or a contract of any kind. The terms and conditions of this manual with respect to employee matters are statements of emplo yment guidelines and practices provided for employee information. They shall not grant any property or liberty interest to any employee. They shall not affect the at will relationship of any employee and they are subject to unilateral action by the City Council. Scope These policies apply to all employees of the city. Except where specifically noted, these policies do not apply to: Elected officials City attorney Members of city boards, commissions, and committees 6 Consultants and contractors Volunteers, except as specifically noted for paid-on-call firefighters If any specific provisions of the personnel policies conflict with any current collective bargaining agreement, the collective bargaining agreement will prevail. 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 t o help employees become better informed and to make their experience with the city more rewarding. Mission Statement To provide the community with a quality living environment, quality public services and facilities while protecting cultural, historical and natural resources through fair and open government, careful planning, effective management and efficient fiscal policy. Policy Development and Administration ADOPTION AND AMENDMENT OF POLICIES These policies were prepared and developed by the City Administrator with Human Resources and can be amended or replaced as needed. Sections of these policies were approved by the City Council and revisions to processes, statute references, and procedures can be amended by the City Administrator as needed. Where these policies differ from state or federal law, the applicable law will be followed. ADMINISTRATION The City Administrator is directly accountable to the City Council, and is responsible for administering the personnel policies. The City Administrator may establish policies and rules. The City Administrator and Human Resources Manager are responsible for administration and clarification of intent regarding personnel policies adopted by Council. SAVINGS CLAUSE If a personnel policy is held invalid by judicial or legislative action, the remainder of these policies will not be affected. DEPARTMENT RULES In accordance with these policies, departmental rules of procedure and/or policy that do not conflict with these policies may be established. The City Administrator must approve departmental rules and/or policy prior to implementation. EMPLOYMENT GUIDELINES These policies are guidelines for the City and its employees regarding city employment. It does not constitute an employment contract. The City reserves the right to change any personnel policy at any time at its discretion. 7 Each employee of the City will be provided with instructions on how to access the most recent copy of the Employment Policy Handbook. Employees will be instructed to read the docum ent and acknowledge by signature that they have read the document. At any time, an employee may request an opportunity to discuss with the Administrator or designee any questions the employee may have regarding the City’s Employment Policy Handbook. Employment Definitions In order to determine eligibility for benefits and overtime status and to ensure compliance with federal and state laws and regulations, the City of Stillwater classifies its employees as shown below. The City of Stillwater may review or change employee classifications at any time. Exempt. Exempt employees are paid on a salaried basis and are not eligible to receive overtime pay. Nonexempt. Nonexempt employees are paid on an hourly basis and are eligible to receive overtime pay for overtime hours worked. Part-Time Employee: Employees who are required to work less than forty (40) hours per week year- round in an ongoing position. On-Call Employee: An employee hired to work in the Fire Department on an on -call basis. Full Time Employee: Employees who are required to work forty (40) or more hours per week year - round in an ongoing position. Seasonal Employee: An employee who works in a full time or part-time position during a seasonal program in accordance with state law. Temporary Employee: An employee hired to work less than 67 days in any consecutive twelve-month period; or less than 100 days in any consecutive twelve-month period if the employee is 22 years of age or less and is a full time student at an accredited school, in accordance with Minnesota statutes, Chapter 179A. Equal Employment Opportunity and Commitment to Diversity (Section 2) Equal Employment Opportunity The City of Stillwater is committed to providing equal opportunity in all areas of employment, including but not limited to recruitment, hiring, training, promotion, compensation, transfer, selection, lay-off, demotion, disciplinary action and termination. To this end, the City upholds the principle that no employee or job applicant shall be discriminated against because o f 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 or lawful participation in the Minnesota Medical Cannabis Patient Registry and to any other group or class against which discrimination is prohibited by state or federal law. 8 Employees who participate in discrimination of any kind are subject to discipline up to and including termination. Any person who believes that he/she has been discriminated against should contact their Supervisor, Human Resources Manager or the City Administrator. Employees and applicants are protected from coercion, intimidation, interference, and discrimination for filing complaints or assisting in investigations. The City of Stillwater expressly prohibits any form of unlawful employee harassment or discrimination based on any of the characteristics mentioned above. Any employee with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of the HR Manager. The City will not allow any form of retaliation against in dividuals who raise issues of equal employment opportunity. If an employee feels he or she has been subjected to any such retaliation, he or she should bring it to the attention of the HR Manager. Retaliation means adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. “Adverse conduct” includes but is not limited to: (1) Shunning and avoiding an individual who reports harassment, discrimination or retaliation; (2) Express or implied threats or intimidation intended to prevent an individual from reporting harassment, discrimination or retaliation; or (3) Denying employment benefits because an applicant or employee reported harassment, discrimination or retaliation or participated in the reporting and investigation process. Complaints of discrimination should be filed according to the procedures described in the Harassment and Complaint Procedure. Americans with Disabilities Act (ADA) and Reasonable Accommodation To ensure equal employment opportunities to qualified individuals with a disability, the City of Stillwater will make reasonable accommodations for the known disability of an otherwise qualified individual, unless undue hardship on the operat ion of the business would result. Employees who may require a reasonable accommodation should contact the Human Resources Department. Commitment to Diversity The City of Stillwater is committed to creating and maintaining a workplace in which all employees have an opportunity to participate and contribute to the success of the business and are valued for their skills, experience, and unique perspectives. This commitment is embodied in company pol icy and the way we do business at the City of Stillwater and is an important principle of sound business management. Harassment and Sexual Harassment The City of Stillwater is committed to creating and maintaining a public service work place 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. 9 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. This policy statement is intended to make all employees, volunteers, members of boards and commissions, and elected officials sensitive to the matter of sexual harassment, to express the city’s strong disapproval of unlawful sexual harassment, to advise employees against this behavior and to inform them of their rights and obligations. The most effective way to address any sexual harassment issue is to bring it to the attention of management. DEFINITIONS To provide employees with a better understanding of what constitutes sexual harassment, the definition, based on Minnesota Statute §363A.03, subdivision 43, 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 wi th an individual’s work performance or creating an intimidating, hostile or offensive work environment. Examples of inappropriate behaviors that are unacceptable and therefore prohibited, even if not unlawful in and of themselves include: unwanted physical contact; unwelcome sexual jokes or comments; sexually explicit posters or pinups; repeated and unwelcome requests for dates or sexual favors; sexual gestures or any indication, expressed or implied, that job security or any other condition of employment depends on submission to or rejection of unwelcome sexual requests or behavior. In summary, sexual harassment is the unwanted, unwelcome or repeated action of an individual against another individual, using sexual overtones. EXPECTATIONS The City of Stillwater recognizes the need to educate its employees, volunteers, members of boards and commissions, and elected officials on the subject of sexual harassment and stands committed to providing information and training. All employees are expected to treat eac h other and the general public with respect, and assist in fostering an environment free from offensive behavior or harassment. Violations of this policy may result in discipline, including possible termination. Each situation will be evaluated on a case-by-case basis. Employees who feel that they have been victims of sexual harassment, or employees who are aware of such harassment, should immediately report their concerns to any of the following: 10 1. A Supervisor 2. Human Resources Manager 3. City Administrator 4. City attorney 5. Mayor or city councilmember In addition to notifying one of the above persons and stating the nature of the harassment, the employee is also encouraged to take the following steps, if the person feels safe and comfortable doing so. 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. 1. Communicate to the harasser the conduct is unwelcome. Professionally, but firmly, tell whoever is engaging in the disrespectful behavior how you feel about their actions, and request the person to stop the behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for this discussion. 2. 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 an offender. 3. To reiterate, it’s important to notify a supervisor, the city administrator, the mayor or councilmember of concerns. The person who is notified is responsible for documenting the issues and for providing a status report on the matter. If, after what is considered to be a reasonable length of time (for example, 30 days), an employee believes inadequate action is being taken to resolve a complaint/concern, the next step is to report the incident to the city administrator, the mayor or the city attorney. The City urges conduct which is viewed as offensive be reported immediately to allow for corrective action to be taken through education and immediate counseling, if appropriate. Management takes these complaints seriously, and has the obligation to provide an environment free of sexual harassment. The city is obligated to prevent and correct unlawful harassment in a manner which does not abridge the rights of the accused. To accomplish this task, the cooperation of all employees is required. In the case of a sexual harassment complaint, a supervisor must report the allegations promptly to the city administrator. If the city administrator is the subject of the complaint, then the supervisor is to report the complaint to the city attorney. A supervisor must act upon such a report even if requested otherwise by the victim. The city will take action to correct any and all reported harassment to the extent evidence is available to verify the alleged harassment and any related retaliation. All allegations will be investigated. Strict confidentiality is n ot possible in all cases of sexual harassment as the accused has the right to answer charges made against them; particularly if discipline is a possible outcome. Reasonable efforts will be made to respect the confidentiality of the individuals involved, to the extent possible. 11 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. SPECIAL REPORTING REQUIREMENTS When the supervisor is the alleged harasser, a report will be made to the city administrator who will assume the responsibility for investigation and discipline. If the city administrator is the alleged harasser, 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 the alleged harasser, the report will be made to the city administrator and referred to the city attorney. The city attorney, or designee, will undertake the necessary investigation. The city attorney will report his/her findings to the City Council, which will take the action it deems appropriate. 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. RETALIATION The City of Stillwater will not tolerate retaliation or intimidation directed towards anyone who makes a complaint of employment discrimination, who serves as a witness or participates in an investigation, or who is exercising his/her rights, 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 ver y 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 o r 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. 12 If you feel retaliation is occurring within the workplace, please report your concern immediately to any of the following: 1. Immediate Supervisor 2. Human Resources 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. Consensual Relationships Definitions 1. Consensual Relationships: A consensual relationship refers to any relationship, either past or present, which is romantic, physically intimate, or sexual in nature, and to which the parties consent or consented. This includes marriage. 2. Conflict of Interest: A conflict of interest exists when there is incompatibility between private/personal interests and official/professional responsibilities. 3. Power Differential: A power differential exists when individuals possess different degrees of power or influence due to their professional standing. 4. Affiliated individuals: Affiliated individuals include, but are not limited to, volunteers, vendors and contractors. In this policy, all references to employees should also be considered references to affiliated individuals. Policy It is the policy of the City of Stillwater that consensual and familial relationships that might be appropriate in other circumstances are not appropriate when they occur between an employee of the City and another employee for whom the individual has or potentially will have supervisory, advisory or evaluative responsibility. Even where negative consequences to the participants do not result, such relationships create an environment charged with potential or perceived conflicts of interest and possible use of supervisory leverage to maintain or promote the relationship. Romantic or sexual relationships that the parties may view as consensual may still raise questions of favoritism, as well as an exploitative abuse of trust and power. A consensual relationship between an employee and another employee where one employee has supervisory, advisory, evaluative or other authority or influence over the other employee or where 13 the employee reasonably believes the employee will have supervisor, advisory, evaluative or other authority or influence over the other employees, is a violation of this policy unless:  The employee with the supervisory, advisory, evaluative or other authority or influence over the other employee immediately reports the relationship to their supervisor, or to the administrator; and  The employee with the supervisory, advisory, evaluative, or other authority or influence over the other employee cooperates in actions taken to eliminate any actual or potential conf licts of interest and to mitigate adverse effects on the other employee. The supervisor or official or receives the report shall treat the information sensitively and shall promptly:  Consult with the human resources manager and  In cooperation with human resources, eliminate conflicts of interest and mitigate adverse effects on the other party to the relationship by: o Documenting the steps taken, providing all parties a copy; o Transferring supervisory, evaluative, or advisory responsibilities; and o Taking any other appropriate action required. It is a violation of this policy for an employee to commence a consensual relationship with another employee unless the relationship is disclosed as described above and may result in disciplinary action against that employee. If an employee fails to meet the requirements for disclosing the relationship with another employee, or fails to cooperate in the actions described above, such a failure constitutes a violation of this policy and may result in disciplinary action ta ken against that employee. To report potential violations of this policy, individuals should contact the Human Resources Manager. Retaliation against persons who report concerns about potential violations of this policy is prohibited. Respectful Workplace Policy The intent of this policy is to provide general guidelines about conduct that is and is not appropriate in the workplace and other city-sponsored social events. The city acknowledges this policy cannot possibly predict all situations that might arise, and also recognizes that some employees are exposed to disrespectful behavior, and even violence, by the very nature of their jobs. APPLICABILITY 14 Maintaining a respectful public service work environment is a shared responsibility. This policy is applicable to all city employees, volunteers, firefighters, members of boards and commissions and City Council members. 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). E mployees must notify their supervisor about the incident as soon as possible. TYPES OF DISRESPECTFUL BEHAVIOR The following behaviors are unacceptable and therefore prohibited, even if not unlawful in and of themselves: Violent behavior: Includes the use of physical force, harassment, bullying or intimidation. Discriminatory behavior: Includes inappropriate remarks about or conduct related to a person’s race, color, creed, religion, national origin, disability, sex, pregnancy, gender-biased statements, such as stereotypes about women or men, marital status, age, sexual orientation, gender identity, or gender expression, familial status, or status with regard to public assistance. Offensive behavior: May include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disparaging language, or any other behavior regarded as offensive to a reasonable person based upon violent or discriminatory behavior as listed above. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and supervisor what is regarded as offensive, taking into account 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 15 is appropriate, the employee should request clarification from their supervisor or the city administrator. Sexual harassment: Can consist of a wide range of unwanted and unwelcome sexually directed behavior such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of 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. 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. D. 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 or ask the individual to leave the area. If employees see or overhear a violation of this policy, employees should advise a supervisor, the city administrator, or City Attorney promptly. 16 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. 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 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 or city administrator. T he person to whom you speak is responsible for documenting the issues and for giving you a status report on the matter. In some situations with an offender from the public, it is preferable to avoid one on one interactions. Talk to your supervisor about available options to ensure there are others available to help with transactions with the offender. Step 1(c). The city urges conduct which is viewed as offensive be reported immediately to allow for corrective action to be taken through education and immed iate counseling, if appropriate. It is vitally important you notify a supervisor, the city administrator, the mayor or councilmember of promptly of your concerns. Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it promptly to a supervisor 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 or the mayor. E. SUPERVISOR’S RESPONSE TO ALLEGATIONS OF DISRESPECTFUL WORKPLACE BEHAVIOR Employees who have a complaint of disrespectful workplace behavior will be ta ken 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 17 disrespectful workplace complaint, it is important to note the city cannot promise complete confidentiality, due to the need to investigate the issue properly. However, any investigation process will be handled as confidentially as practical and related information will only be shared on a need to know basis and in accordance with the Minnesota Data Practices Act. 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. 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 pla ce:  Corroborating evidence.  A list of witnesses.  Identification of the offender. Step 3. The supervisor must notify the city administrator about the allegations (assuming the allegations do not involve the city administrator). 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 a ny 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. F. SPECIAL REPORTING REQUIREMENTS When the supervisor is perceived to be the cau se 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. The city attorney, or their designee, will undertake the necessary investigation. The city attorney, or designee, will report his/her findings to the City Council, which will take the action it deems appropriate. 18 Pending completion of the investigation, the city administrator may at his/her discretion take appropriate action to protect the alleged victim, other employees, or c itizens. 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. G. 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). H. RETALIATION 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. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. Whistleblower Policy The City of Stillwater is committed to the highest standards of financial reporting and lawful and ethical behavior. Should any person know or have knowledge that a person or persons associated with the City plan to engage or have engaged in illegal or unethical conduct in connection with the finances or any other aspect of the City’s operations, that person should immediately file a written complaint in accordance with the reporting procedures outlined in the previous Harassment and Sexual Harassment Section of this policy manual. The City shall follow up promptly on all complaints, with further investigation conducted if needed to resolve disputed facts. In conducting its investigation, the investigating parties will strive to respect the interested party’s request for confidentiality and will strive to keep the identity of other complainants as confidential as possible, consistent with the need to conduct an adequate review and investigation. The City shall take appropriate action in response to any complaint, including, but not limited to, disciplinary action (up to and including termination) against any person who, in the City’s assessment, has engaged in misconduct. In addition, the City shall report such misconduct to the relevant civil and criminal authorities if required by law. The City will not knowingly, with intent to retaliate, take any action harmful to any person, including interference with lawful employment or livelihood, for reporting a complaint in good faith pursuant 19 to this policy or for reporting a complaint to law enforcement officers, governmental agenci es or bodies, or persons with supervisory authority over the complaint. Likewise, there will be no punishment or retaliation for providing information regarding a complaint in good faith to, or otherwise assisting in any investigation regarding a complaint conducted by the City, law enforcement officers, governmental agencies or bodies, or person with supervisory authority over the complainant. There will be no punishment or other retaliation for filing a good faith complaint, or otherwise participating or assisting in a proceeding filed or about to be filed (with any knowledge of the City) regarding the complaint. An individual who deliberately or maliciously provides false information may be subject to disciplinary action (up to and including termination). Conflicts of Interest and Confidentiality (Section 3) Conflicts of Interest The credibility of local government rests heavily upon the confidence which citizens have in public officials and employees to render fair and impartial services to all citizens without regard to personal interest or political influence. Thus, City officials and employees must scrupulously avoid any activity or decision, which 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 or city attorney. Examples of activities which are not in accordance with this Policy include, but are not limited to, the following:  Taking part in a zoning or permit decision that violates the City Charter;  Entering into any sale, lease or contract in violation of Minnesota Statutes, Section 471.87 – 471.89, and the City Charter  Acceptance by a local official of any gift from an interested person in violation of Minnesota Statutes, Section 471.895;  Activities which require the official or employee to interpret City codes, ordinances, or regulations when the activity involves matters with which the official or employee has business and/or family ties;  Consulting activities carried out within the City if the consulting involves any conflict of interest with the official’s or employee’s City work responsibilities 20  Using an official’s or employee’s authority, influence, or City position for the purpose of private or personal financial gain;  The use of City time, facilities, equipment, or supplies for the purpose of private or personal financial gain;  Entering into a business transaction when it involves using confidential in formation gained in the course of employment  Accepting other employment or public office where it will affect the official’s or employee’s independence of judgment or require use of confidential information gained as a result of City duties;  Conducting personal business while working regularly scheduled hours; and  Accepting rebates or procuring any financial gain through the bidding process or employment of outside personnel. Any official or employee engaging in any activity involving either an actual or po tential conflict of interest or having knowledge of such activity by another official or employee shall promptly report the activity to the City Administrator, or if such activity be by the City Administrator, to the Mayor. The matter shall be investigated in accordance with the City Charter and a determination shall be made as to whether or not an actual or potential conflict exists. If the investigation determines a conflict exists, it shall be presumed that the continuation of the practice would be inj urious to the effectiveness of the official or employee in carrying out his/her duties and responsibilities. For the purposes of this Policy, the term “official” shall include all elected and appointed officials of the City including, but not limited to, the City Council and the members of the Boards and Commissions established by City Ordinance. “Employee” shall include any individual employed by the City on a full or part-time basis. No elected official shall require, either directly or indirectly, any employees of the City to campaign on his/her behalf as a condition of employment. No employees shall use City time or resources in promoting or advocating the election of any individual. Nothing in this Policy is intended to violate, supersede, or conflict with any applicable state or federal law regarding conflicts of interest in public employment or disclosure requirements. 21 Confidential Information The protection of confidential business information is vital to the interests and success of the City of Stillwater. Confidential information is any and all information disclosed to or known by you because of employment with the City that is not generally known to people outside the City about its business. An employee who improperly uses or discloses confide ntial business information will be subject to disciplinary action up to and including termination of employment and legal action, even if he or she does not actually benefit from the disclosed information. All inquiries from the media must be referred to the city administrator. This provision is not intended to, and should not be interpreted to, prohibit employees from discussing wages and other terms and conditions of employment if they so choose, or to contravene the provisions of the Minnesota Data Practices Act regarding access to and classification of City information. Recruitment and Selection (Section 4) Scope The City utilizes an applicant tracking software system that provides a review and approval process by the Department Head, Human Resources, Finance Director and City Administrator prior to hiring for all vacant, new, seasonal, temporary and part-time positions that have been approved in the final adopted City budget. Vacant, new, seasonal, temporary and part-time positions are presented to the City Council in the annual budget discussions. Vacant, new, seasonal, temporary and part-time positions are approved and funded by the City Council in the adopted City budget. Requests to hire employees for vacant, new, seasonal, temporary and part-time positions that have been approved in the adopted City budget require review and approval through the City applicant tracking software system prior to filling the position. Any new positions created outside of the annual budget process will be presented to the City Council for approval. The City’s policy objective is to employ individuals who are qualified for specific work by such job - related standards as experience, demonstrated attitude and skill, education, training, overall ability and other relevant considerations. Selection for a position with the City shall not be construed to be a property right of the employee. All employees are selected by and serve at the sole discretion of the City Council or City Administrator. The City has the right to make the final hiring decision based on qualifications, abilities, experience and the City of Stillwater needs. 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. 22 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. 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 is not 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 result s of the medical exam, he/she will be notified of this determination. 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 det ermining 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. Introductory Period The City of Stillwater regards the Introduction Period as an integral part of the employment process. During this period new employees are closely evaluated for the purpose of closely observing the employee’s work and for training the employee in work expectations. The first twelve (12) months of employment is an introductory period. Employees transferred, promoted, rehired or reclassified to new positions in the City are also required to successfully complete a twelve (12) month introductory period. If an employee transferred, promoted or reclassified into a new position and is found to be unsuited for that position, the City, in its sole discretion, may reinstate the employee to his/her former position and former rate of pay if the City determines that such reinstatement is possible. Reinstatement is not guaranteed. An introductory period may be extended if deemed necessary by the City. Employment Relationship (Section 5) Classification and Compensation Plan The purpose of the Classification and Compensation plan shall be to: A. Establish reasonable compensation relationships between job classifications B. Establish qualification standards for recruitment and testing purposes 23 C. Provide the appointing authority with means of analyzing work distribution, areas of responsibility, lines of authority and other relationships between positions D. Assist the appointment authority in determining budget requirements E. Provide the basis for developing standards of work performance F. Establish lines of promotion G. Indicate training needs H. Provide uniform titles to positions I. Comply with the Minnesota Pay Equity Act Employees will be compensated according to negotiated labor agreements and the Classification and Compensation Plan established by the City Administrator and approved by the City Council . The City Administrator must develop and maintain a Classification and Compensation plan based on equitable compensation relationships for all positions in accordance with federal and state laws. This plan is reviewed periodically to ensure that responsibility levels and salaries are commensurate with the work performed. Wages are paid according to the wage schedules established by the City Administrator and approved by the City Council. 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 employ ment  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 empl oyee’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. Employment of Relatives and Domestic Partners The City of Stillwater does not restrict employment of more than one member of a family or persons related by blood or marriage. However, to avoid conflict of interest, the following shall apply: 24 A. No City employee may be hired, transferred, or otherwise placed in the s ame department as his/her spouse, family member, relative or domestic partner. B. No City employee shall take part in decisions to hire, retain, promote or consider other employment actions concerning his/her spouse, family member, relative or domestic partner. C. No City employee is to be assigned responsibility for supervising, directing or auditing the work or performance of his/her spouse, family member, relative or domestic partner. D. Provision A, above, shall not apply to the hiring of part -time, on-call fire department and temporary, seasonal employees. For the purpose of this section, the terms “family member or relative” shall mean spouse, parent, child (by birth, adoption or legal guardian), brother, sister, grandparent, parent-in-law, daughter-in- law, son-in-law, brother-in-law, sister-in-law, uncle, aunt, nephew and niece. Work Schedule and Hours of Work Employee work schedules will be established by the City Administrator, or designee, for the efficient conduct of City business. The regular workweek for employees is five eight (8) – hour days in addition to a lunch period, Monday through Friday, except as otherwise approved by the City Administrator, or designee, in accordance with the customs and needs of the individual departments. Meals and Rest Breaks In accordance with Minnesota Statutes, Chapter 177, for each consecutive four (4) hours of work, employees shall be granted a paid rest break not to exceed fifteen (15) minutes away from job duties. Employees working eight (8) or more consecutive hours shall be permitted a one-half hour (30 minute) meal break. Meal periods, unless required by law, are not paid; not included in computation of overtimes; nor included in the computation of a normal work shift or payroll period. In order to provide for continuity in City operations, the timing of these breaks is subject to the approval of the supervisor in charge. Timekeeping It is the employee’s responsibility to ensure that an accurately completed and signed timesheet is submitted to the Department head or Supervisor immediately after the end of the designated pay period or after the last shift worked in a pay period. False information reported on a timesheet may be cause for immediate termination. Exempt status employees are required to use paid leave when on personal business or away from the office for four (4) hours or more, on a given day. Absences of less than four (4) hours do not require use of paid leave as it is presumed that the staff member regularly puts in work hours above and beyond the normal 8 AM to 4:30 PM Monday through Friday requirement. Exempt employees must communicate their absence to their supervisor, City Administrator or his/her designee. 25 If one of the above employees is regularly absent from work under this policy and it is found that there is excessive time away from work that is not justified, the situation will be handled as a performance issue. Department Heads and Supervisors submit properly authorized timesheets to the Finance Department in accordance with the payroll schedule. Failure to submit a timesheet in a timely manner will result in a delay in pay for the employee. Overtime When there is a conflict between this policy and an agreement with an employee union, the labor agreement shall take precedence. However, where the union agreement does not address a specific practice or issue, this policy shall apply. All employees in all departments may be required to work overtime as requested by their supervisor. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of employees when assigning overtime work. All overtime must be authorized in advance by the employee’s supervisor. An employee who works overtime without prior approval may be subject to disciplinary action. The City’s overtime policy complies with applicable state and federal laws governing accrual and use of overtime. Only employees to whom the overtime provisions of the state and/or Federal Fair Labor Standards Act (FLSA) apply are required to be compensated for overtime work. All overtime eligible employees will be compensated at the rate of one and one-half times their base hourly rate for hours worked over 40 in one workweek (except for certain public safety employees working an extended workweek). For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. Overtime earned will be paid on the next regularly scheduled payroll date, unless the employee and the department head mutually agree in advance that the overtime will be banked as compensatory time in lieu of payment. Employees may request and use compensatory time off at the mutual convenience of both the employee and the employer. All compensatory time shall be marked as such on official timesheets, both when it is earned and when it is taken. The Finance Department maintains compensatory time records. No more than forty (40) hours of compensatory time may be carried at any time for employees that regularly work a 40-hour work week. No more than seventy-two (72) hours of compensatory time may be carried at any time for Firefighters that work 24 -hour shifts. Employees with more than forty (40) hours of compensatory time or seventy-two (72) hours of compensatory time for Firefighters that work 24-hour shifts will be paid for any accrued hours over forty (40) or seventy- two (72) respectively. The compensatory time balance will be paid when the employee leaves city employment at the rate the employee is earning at the time of termination. Compensatory time must be used in minimum increments of 15 minutes. 26 Employees who are exempt from the overtime requirements of the state and federal Fair Labor Standards Act are expected to work whatever hours are necessary in order to meet the performance expectations outline by their supervisor or the city administrator. Deductions from Pay/Safe Harbor Exempt Employees Employees classified as exempt 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 Stillwater 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.  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 this/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 of Stillwater may, for budgetary reasons, implement a voluntary or involuntary unpaid leave program and, under this program, make deductions from the weekly salary of an exempt employee. In this case, the employee will be treated as n onexempt for any workweek in which the budget-related deductions are made. Wages The City of Stillwater’s pay period for all employees is biweekly. If pay day falls on a federal holiday, employees will receive their paycheck on the preceding workday. Payroll earnings are directly deposited into specific accounts as designated by the employee, per Minnesota statute 177.23 Subd. 4. This includes all types of payroll payments (regular pay, holiday pay, etc.). 27 Separation from Employment Resignation Employees wishing to leave employment with the City in good standing and be eligible for rehire shall submit a written resignation to their supervisor at least ten (10) working days prior to their anticipated separation date. In most cases, Human Resources shall conduct exit interviews with all employees. Prior to an employee’s separation date, all equipment, supplies and keys shall be accounted for. Employees in good standing who resign from employment with the City after giving proper written notice shall be compensated for accrued but unused vacation time as of the date of separation. The City shall retain discretion to either shorten the notice period or relive the employee of duties during the notice period. Layoff The City shall have the authority to lay off any employee when such action becomes necessary as determined in the City’s sole discretion. Employees shall receive not less than twenty (20) working days written notice prior to lay off. Retirement The city participates in the Public Employees Retirement Association (PERA) to provide pension benefits for its eligible employees to help plan for a successful and secure retirement. Participation in PERA is mandatory for most employees; and contributions into PERA begin immediately. The city and the employee contribute to PERA each pay period as determined by state law. Most employees are also required to contribute a portion of each pay check for Social Security and Medicare (the city matches the employee’s Social Security and Medicare withholding for many employees). For additional information on PERA, contact Human Resources. Severance Pay Employees with a minimum of ten (10) years of service in a full time or part-time position, who retire and are eligible to receive PERA retirement benefits shall receive a pay out of one-half of their unused sick leave account balance, up to a maximum of eight hundred (800) hours pay. In the event of an employee’s death while still employed by the City, the surviving spouse, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount, as stated above, as though such employee had retired, provided that the employee had a minimum of ten (10) years of service in a full time or part-time position, and was a participant in the PERA pension program. A minor child is a child under 18 years of age. Full time employees of the police department that retire after twenty (20) years of continuous service as a fully commissioned police officer will receive their service weapo n at retirement, provided that the weapon was the original weapon issued at the time of hire and is no longer in active use by the department. 28 Training and Development The City is committed to a program of staff development based on a goal of creating a c limate of and opportunities for employee growth which will benefit the organization and the individual. The City will provide staff members with internal and external opportunities for job and career development through: training sessions which are pertinent to the jobs of the employees and the needs of the City sponsored by federal and state agencies; educational or study leaves, conferences, seminars and classes offered by other agencies. Employer-required education and training may occur during scheduled working hours and such employee time will be paid by the employer. With concurrence from their supervisor, employees may participate in training and development opportunities. Workplace Safety (Section 6) Emergency Closings The purpose of this policy is to provide a plan for employees in the event of an emergency closing due to inclement weather or other emergency situation. As a general practice, the City of Stillwater makes every effort to maintain its normal schedule of operations. The City will close all or part of its operations only in cases of extreme emergency caused by impassible roads, restricted visibility, violent weather, energy loss, or other conditions seriously endangering the health and safety of employees and the general public. Reporting to work:  Each employee accepts the responsibility for reporting to work at the regularly scheduled time, regardless of prevailing weather conditions.  Employees not reporting to work will not be paid, however, such employees may use accrued vacation or compensatory time to minimize or avoid a loss of wages as a result of absence.  Employees may not use sick leave to avoid a loss of wages. Responsibility for the Decision to Close:  In the event that the City of Stillwater is forced to close, or delay the opening, the decision will be made by the City Administrator or designee. Official Announcement:  When the City Administrator determines that it is necessary to close or delay the opening of various operations, the close or starting time will be communicated to department heads and the following media outlets: City of Stillwater Homepage, City of Stillwater Facebook, radio WDGY, and Twin Cities Media channels ABC, CBS, NBC and Fox. Delayed Starting Time: 29  In the event that the City Administrator announces a delayed opening of various operations, all employees that report to work at their normal starting time or before the delayed starting time will be paid for the full day.  In the event that the City Administrator closes City operations, employees will be paid for that day unless they had a scheduled vacation day. Drug Testing POLICY STATEMENT The policy of the City is to provide a drug and alcohol-free work environment. The City recognizes drugs and alcohol as potential health, safety, and security problems. The City's goal is to establish and maintain a healthy and efficient workforce, free from the effects of drugs and alcohol in compliance with the requirements of applicable laws. Employees are required to report for work on time and in appropriate mental and physical condition. Employees are strictly prohibited from using, being under the influence of, possessing, selling, or transferring illegal drugs, alcoholic beverages and other prohibited controlled substances while on duty or on-call for duty while, on City-owned or City-leased premises, or while operating City vehicles, machinery, or equipment. Possession does not include the confiscation of drugs or drug paraphernalia by a police officer(s). Confiscated drugs and/or drug paraphernalia must be secured in the Police Department evidence room as soon as possible or secured as stated in department policy until access to the evidence room can be gained. "Drugs" include, but are not limited to: marijuana, cocaine, opiates, PCP, and amphetamines. An employee may use a drug as administered by a physician who has informed the employee that the drug will not impair the employee's ability to safely operate City vehicles, machinery, or equipment. Any employee found in violation of this policy will be subject to the disciplinary provisions of this policy and the City and any other applicable provisions of state or federal law. Off-Duty Limits Depending on the circumstances and the employee's job, off-duty drug, alcohol, or other prohibited controlled substance use may subject the employee to discipline. Off-duty employees may use or possess alcohol on City premises (e.g. parks) when said use and possession is not prohibited to members of the general public or a permit has been obtained for such use. Violations Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences. Convictions As a condition of employment, every employee of the City must abide by the terms of this policy and must report, in writing, any instance of the employee's own conviction under a criminal controlled substance statute. An employee convicted of a criminal controlled substance offense committed in the course of employment will be subject to appropriate disciplinary action and/or required to successfully complete an appropriate 30 rehabilitation program at the employee's own expense, unless provided to the employee through insurance coverage or the Employee Assistance Program. The City, in its sole discretion, shall determine appropriate disciplinary action. Savings Clause This policy does not replace or supersede the City of Stillwater's current Federal Omnibus Transportation Testing Act Policy. Rather, this policy builds upon the Federal Omnibus Transportation Testing Act Policy to clarify the City's Drug and Alcohol testing policy as it relates to all employees. Nothing in this policy is intended to conflict or supersede with Federal or State laws. Should any article, section or portion thereof of this Policy be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specified article, section or portion thereof directly specified in the decision. DRUG AND ALCOHOL TESTING Purpose The purpose of this policy is to provide for the testing of employees and job applicants in conformance with the requirements of Minnesota Statute 181.950 — 181.957. Scope This policy applies to all employees of the City and all job applicants who have received a contingent offer of employment by the City. DEFINITIONS For the purposes of this Policy, the following definitions will apply: Accident A fatality; or Receipt of a citation under State or local law for a moving traffic violation resulting from an accident; or Bodily injury to a 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. Alcohol Ethyl alcohol. City The City of Stillwater. Confirmatory Test 31 A second testing of the original test sample when the initial test produces a positive test result, using a method of analysis allowed under one of the programs listed in MN Statute 181.953, Subd. 1 Confirmatory Retest A third testing of the original test sample when the confirmatory test produces a positive test result, using a method of analysis allowed under one of the programs listed in MN Statute section 181.953, Subd. 1. A confirmatory retest is done at the request and expense of the employee. Conviction A finding of guilty (including a plea of "nolo contendere," no contest) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of State or Federal criminal drug laws. Drug A controlled substance as defined in MN Statute 152.01, Subd. 4 and/or if required by law, the Federal Drug-Free Workplace Act of 1988. Drug and Alcohol Testing, Drug or Alcohol Testing, Drug or Alcohol Test Analysis of a body component sample according to the standards established under one of the programs listed in MN Statute section 181.953, Subd. I for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. Drug Paraphernalia An item or items described in MN Statute 152.01, Subd. 18. Employee A person defined as an employee of the City under the State of Minnesota Public Employment Labor Relations Act in Section 179A.03, Subd. 14. Employer The City of Stillwater, acting through its designee(s) of the City Council. Initial Screening Test A drug or alcohol test which uses a method of analysis under one of the programs listed in MN Statute section 181.953, Subd. 1 and which is capable of detecting the presumptive presence of a drug, drug metabolite, or alcohol in the sample. Job Applicant A person, independent contractor, or person working for an independent contractor who applies to become an employee of the City. This also includes a person who has received a job offer made contingent on passing a drug or alcohol test. 32 Premises All property and locations in which the City is operating or has established a presence. Positive Test Result A finding of the presence of drugs or other metabolites in the sample tested with levels at or above the threshold detection levels contained in the standards of one of the programs listed in MN Statute section 181.953, Subd. 1, Minimum threshold detection levels are subject to change as determined in the City’s sole discretion. Reasonable Suspicion A basis for forming a belief based on specific facts and observations and rational inferences drawn from those facts, including but not limited to: appearance, behavior, speech, or body odors. CIRCUMSTANCES UNDER WHICH TESTING MAY OCCUR Job Applicant The City will make all offers of employment conditional upon the passing of a drug and alcohol test. The test will be conducted and the results obtained prior to commencing employment in the position. Reasonable Suspicion Testing The City will require an employee to undergo drug testing if the City has reasonable cause to believe that: The employee is under the influence of drugs; or The employee has violated provisions of the City's policy regarding the use, possession, sale, or transfer of drugs while the employee is working, or on City premises, or operating City vehicles or equipment; or The employee has sustained a personal injury or has caused another employee to be injured to the extent it requires emergency medical attention; or The employee caused or has been involved in a work-related accident, as defined above. Routine Exams Drug testing will be required as part of any physical exam required of an employee. The employee will be given at least two (2) weeks written notice that such testing may be required. Treatment Program Testing The City may test any employee referred by the City for chemical dependency treatment or evaluation at any time and without prior notice during the period of treatment or evaluation and for up to two (2) years following completion of any prescribed chemical dependency treatment or evaluation program in accordance with MN Statute 181.951, Subd. 6. PROCEDURES FOR REASONABLE SUSPICION TESTING Observation and Reporting 33 Any person that has reasonable suspicion to believe that an employee has violated the provisions of this policy just before, during, or just after the employee's regular work day, shall immediately report the observation to the employee's supervisor. The supervisor along with another supervisory employee of the City, shall observe the employee and determine whether or not the employee's conduct is reasonably suspicious. In either instance, both supervisors shall document their findings and any reports received from any other persons. Testing If the supervisor has determined that the employee's conduct is reasonably suspicious and warrants a drug and alcohol test under this policy, the supervisor shall address the employee only in the presence of another supervisory employee of the City. The supervisor or their designee shall drive the employee to the testing facility and wait while the employee provides a sample for testing. Upon completion, the supervisor or designee shall drive the employee to his/her residence. Designation of Leave All employees, upon providing a sample for testing under reasonable suspicion, shall be placed on paid leave until the City has received the test results and appropriate action can be taken. RIGHTS OF EMPLOYEES AND JOB APPLICANTS PRIOR TO TESTING Right of Refusal; Consequences Job Applicant Job applicants may refuse to undergo drug and alcohol testing. However, any job applicant who refuses to undergo drug or alcohol testing required or requested by the City shall be deemed to have withdrawn their application for consideration of employment and the conditional offer of employment shall be withdrawn. Employees Any employee may refuse to undergo testing. However, if an employee refuses to undergo drug and alcohol testing carried out in conjunction with this Policy, the employee may be subject to discipline including, but not limited to immediate discharge. Appeal Procedure Employees should refer to their applicable Collective Bargaining Agreement or to the City's Policy Manual for appeal procedures. Opportunity to Explain Upon a positive confirmatory test result, an employee or a job applicant will be given the opportunity to submit to the City any information to explain the positive confirmatory test result. Confirmatory Retest An employee or job applicant may request a confirmatory retest of the original sample, at the expense of the employee or job applicant. 34 TAMPERING WITH DRUG AND ALCOHOL TEST SAMPLES If an employee tampers with their own, or someone else's, urine or blood sample, or in any way causes a sample to be invalid, the employee shall be subject to discipline including, but not limited to discharge. FIRST FAILURE TO PASS DRUG AND ALCOHOL TESTING Without evidence of any other misconduct, any employee who has a positive Test Result for the first time on a Confirmatory Test will not be subject to discipline, including but not limited to discharge, unless the following conditions have been met: The City has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to the terms of the coverage under an employee benefit plan, either a drug and/or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency; and The employee has either refused to participate in such a program or has failed to successfully complete the program within a reasonable time as evidenced by withdrawal or a positive Test Result on a Confirmatory Test after completion of the program. PERSONNEL ACTION AND DISCIPLINE BASED ON TEST RESULTS Positive Initial Test Result Applicant The City will not withdraw a conditional offer of employment on the sole basis of a positive test result on a job applicant's Initial Screening Test. An Initial Screening Test must be verified by a Confirmatory Test (and a Confirmatory Retest, if requested by and at the expense of the applicant) before a conditional offer of employment can be withdrawn. A job applicant who receives a positive test result of a Confirmatory Test, fails or refuses a Confirmatory Test, or does not request in writing a Confirmatory Retest within five (5) working days after notice of a positive test result of a Confirmatory Test, may be refused employment and will be notified of the reasons for such refusal. Employee The City will not discharge, discipline, discriminate against, or require rehabilitation of an employee on the sole basis of a positive Initial Screening Test that has not been verified by a Confirmatory Test. However, the City may temporarily suspend a tested employee whose test results are positive or transfer the employee to another position at the same rate of pay, pending the outcome of a Confirmatory Test (and a Confirmatory Retest, if requested by and at the expense of the employee) if the City believes it is necessary to protect the health and safety of the employee, co-workers, or the public. An employee who refuses a Confirmatory Test is subject to disciplinary action, including but not limited to discharge, subject to the provisions of this policy. 35 An employee who is suspended without pay will be reinstated with back pay if the outcome of the Confirmatory Retest is not positive. Requests for a Confirmatory Retest must be made in writing within five (5) working days of the employee's receipt of notice of the test results. An employee who receives a positive test result on a Confirmatory Test and does not request in writing a Confirmatory Retest within five (5) working days after notice of positive Confirmatory Test results, may be subject to discipline including, but not limited to discharge subject to the provisions of this policy. Positive Confirmatory Test Result Applicant If a job applicant receives a positive Confirmatory Test result and does not request in writing a Confirmatory Retest within five (5) working days after notice of a positive test result of a Confirmatory Test, the City shall withdraw the conditional offer of employment. If the offer is withdrawn, the City will provide the applicant with the reason. Employee If the employee receives a positive Confirmatory Test result and does not request in writing a Confirmatory Retest within five (5) working days after notice of a positive test result of a Confirmatory Test, an employee may be discharged provided the criteria under "First Failure to Pass Drug and Alcohol Testing" has been met. The City will provide the employee with the reason for discharge. If the City believes it necessary to protect the safety of the employee, other employees, or the public, the City may temporarily suspend or transfer the employee pending the outcome of the Confirmatory Retest, if requested by and at the expense of the employee. RIGHTS OF AN EMPLOYEE OR JOB APPLICANT AFTER POSITIVE CONFIRMATORY TEST RESULTS An employee or job applicant who receives a positive test result on a Confirmatory Test has the right to receive a copy of the test result report. Within three (3) working days of notice of the positive Confirmatory Test result, the employee or job applicant has the right to submit to the City any additional information to explain this result or; within five (5) working days, to notify the City in writing of the employee's intention to obtain a Confirmatory Retest of the original sample, at the employee's or job applicant's own expense. Within three (3) working days after receipt of the notice, the City will notify the original testing laboratory that the job applicant or employee has requested the laboratory to conduct the Confirmatory Retest or transfer the sample to another qualified laboratory licensed to conduct the Confirmatory Retest. The original testing laboratory will ensure the control and custody procedures are followed during transfer of the sample to the other laboratory. In accordance with MN Statute 181.953, Subd. 3, the laboratory is required to maintain all samples testing positive for a period of six months. The Confirmatory Retest will use the same controlled substance and/or alcohol threshold detection levels as used in the original Confirmatory Test. In the case of job applicants, if the Confirmatory Retest does not confirm the original positive test result, the City’s job offer will be reinstated and the City will reimburse the job applicant for the actual cost of the Confirmatory Retest. In the case of employees, if the Confirmatory Retest does not confirm the original positive test result, no adverse personnel action based on the original Confirmatory Test will be taken against 36 the employee, the employee will be reinstated with any lost wages or salary for time lost pending the outcome of the Confirmatory Retest result, and the City will reimburse the employee for the actual cost of the Confirmatory Retest. CRITERIA FOR SELECTING TESTING LABORATORIES The City shall use the services of a testing laboratory that meets one of the criteria for drug and/or alcohol testing as set forth in MN Statute 181.953, Subd. 1. CONFIDENTIALITY All test results are strictly confidential, and the City will not disclose test information to anyone unless required to do so by law or unless the employee or applicant provides written consent. OVER-THE-COUNTER OR PRESCRIBED MEDICATION NOTIFICATION Employees must report their use of over-the-counter or prescribed medications to their respective Department Head if the use might impair their ability to perform their job safely and effectively. The City Administrator and Department Head will then determine whether the employee should be able to perform the essential functions of the job safely and properly. EMPLOYEE ASSISTANCE Employees who are experiencing work-related or personal problems resulting from drug, narcotic, or alcohol abuse or dependency may request, or be required to seek, counseling. Participation in counseling, including the City-sponsored employee assistance program is confidential. Job performance, not the fact that an employee seeks counseling, is to be the basis of all performance appraisals. TREATMENT Any employee who is abusing drugs or alcohol may be granted a leave of absence to undertake rehabilitation treatment. The employee will not be permitted to return to work until certification is presented to the Department Head/City Administrator by a treatment official or physician that the employee is capable of performing his/her job. Failure to cooperate with an agreed-upon treatment plan may result in discipline, up to and including termination. RETURN TO DUTY Any employee, who has a positive drug and/or alcohol test result, must submit to a test and have a negative test result prior to returning to duty. EMPLOYEE COMPENSATION An employee shall be compensated for all time spent providing a sample, including travel time to and from collection site, in order to comply with reasonable suspicion, post-accident or follow-up testing. An employer may not discharge, discipline, discriminate against, or request or require rehabilitation of an employee on the basis of medical history information revealed to the employer by the employee in 37 anticipation of or as explanation of a drug test, unless the employee was under an affirmative duty to provide the information before, upon, or after hire. An employee must be given access to information in the employee's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or other acquired information. Nothing contained in this policy is intended to create a contract between the City and any of its employees. This policy may be revised at any time, as the City deems appropriate. Workplace Violence Prevention The City of Stillwater seeks to provide a safe and secure workplace environment for employees, volunteers, vendors, and citizens. Violence or the threat of violence has no place in any City of Stillwater facility. This Policy addresses the City’s commitment to preventing the potential for violence in and around the workplace and to fostering a work environment of respect and healthy conflict resolution. Many City employees may be exposed to violence by the nature of their jobs. Violence or the threat of violence, by or against any City employee or other person while at a City of Stillwater workplace is unacceptable and may subject the individual to serious disciplinary action and/or criminal charges. The City of Stillwater will take every reasonable action to protect the life, safety and health of employees and will provide as rapid and coordinated a response as possible to violence or threats of violence at any worksite. Possession, use, or threat of use, of an object which could be considered a dangerous weapon, including all firearms, is not permitted at the workplace, or on City property, including City vehicles and personal vehicles used for City business, unless such possession or use is an approved requirement of the job. 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. Commitment to Safety The personal safety and health of each employee of the City of Stillwater and the prevention of occupationally induced injuries and illnesses is of primary importance. To the greatest degree possible, the City seeks to maintain a safe and hazard-free work environment. 38 As a condition of employment, employees are required to develop safe work habits and to contribute to the safety of themselves as well as other employees. To be successful, the City’s safety and health program must be the shared responsibility of all employees. Employees are required to: Immediately report to Supervisor all unsafe equipment, practices or procedures which pose a threat to the safety of employees or others; Cooperate with and assist in the investigation of accidents to identify the causes and to prevent recurrence; Be active in department safety programs; Observe and promote safe work habits; Report injuries to Supervisor immediately. Safety/Injury Reporting The City is committed to providing a safe and healthy working environment for all of its employees. It recognizes that most health and safety hazards can be eliminated if proper precautions are taken. Therefore, it is the Policy of the City to provide City employees with safe and healthful working conditions through the following means: Members from across city departments will serve as representatives on the City’s Safety and Loss Control Committee. The Committee creates, maintains and recommends a safety program in compliance with all applicable Federal, State and local laws. The City reviews every occupational illness and injury, and every incident which results in damage to City property and it takes action to ensure that unsafe work methods, unsafe work sites and unsafe equipment are identified and made safe. All employees are required to fully comply with the Safety Program. Department Heads and other management and supervisory employees are responsible for implementing the Safety Program by training their employees in safe work methods and by enforcing compliance with safety standards. Department Heads are responsible for providing all employees with safety equipment and safety clothing acknowledged by the City as necessary to perform their duties in a safe manner. Employees are required, as a condition of employment, to develop safe work habits and contribute in every manner possible to the safety of themselves, their co-workers and the general public. To that end employees are required to: Read the safety information that is provided to them by their Supervisor. 39 Immediately report to their Supervisor all accidents and injuries occurring within the course of their employment. The Supervisor will submit a First Report of Injury and Supervisor’s report of Accident Form to Human Resources within two (2) working days. Immediately report to their Supervisor all unsafe practices or conditions observed. An incident of death or dismemberment must be reported to the Human Resources and the City Administrator’s office immediately. Further details on this Policy and a summary of responsibilities and procedures are available from the Human Resources Department. Fitness for Duty The City of Stillwater is committed to providing a safe and healthy environment for all employees, coworkers and the public. In order to uphold this commitment, the City has set forth policy guidelines to insure that all employees are medically, psychologically, physically and emotionally fit for duty. DEFINITIONS: Fitness for Duty: Physical and mental health status that facilitates the performance of essential job duties in an effective manner and protects the health and safety of oneself, others and property. Fitness for Duty Exam: Is an evaluation by a medical professional hired by the City of Stillwater to determine if an employee is physically and mentally able to perform the essential functions of a position. Independent Medical Exam (IME): Occurs when a doctor/physical therapist/chiropractor who has not previously been involved in a person’s care examines an individual. There is not a doctor/therapist patient relationship. Functional Capacity Evaluation: Systematic method of measuring an individual’s ability to perform meaningful tasks on a safe and dependable basis. Maximum Medical Improvement: Is a treatment plateau in an individual’s healing process. A condition is at maximum medical improvement if it is not believed that the condition will improve. PROCEDURES: The Department and/or Human Resources may require an employee to be examined under this policy in the circumstances described below: Triggering Events:  Manager/Supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations may include, but are not limited to an employee’s self-report, manual dexterity, coordination, alertness, speech, vision acuity, concentration, and response to criticism, interactions with coworkers and supervisors, suicidal or threatening statements, change in personal hygiene, presence of condition likely to lead to food borne disease transmission, memory and/or odor of alcohol or marijuana.  Employee returning to work after a leave of absence from a serious illness, injury or medical condition that is not covered by FMLA. 40  Employee requests leave of absence from a serious illness, injury or medical condition.  Employee requests leave of absence on more than one occasion for same illness or injury.  Where an employee has been involved in a critical incident where the potential for physical or psychological trauma to the employee was significant. Reporting: Where there exists a reasonable cause that an employee may not be physically, medically, psychologically or emotionally fit to perform the essential functions of the position, the manager should:  Discuss concerns with the Human Resources Manager  Meet with the employee regarding the conduct, behavior or circumstances that give rise to the concerns  Where appropriate, the manager and employee may also discuss reasonable accommodations that may enable the employee to perform the essential functions of their position. Fitness for Duty/Risk Evaluation Procedure: Once a decision has been made to conduct a Fitness for Duty/Risk Evaluation, management shall use (a City selected medical provider) to coordinate and obtain the evaluation. Human Resources and Management will coordinate and provide the following information to the selected medical provider in advance of the referral:  Precipitating events  Documented performance and/or behavior concerns  Pending or previous disciplinary action  Employee’s job description and essential job functions Human Resources/Management will communicate with the employee in person and shall provide the employee a letter outlining:  Workplace concerns  Specific reason(s) for Fitness for Duty/Risk Evaluation and any other concerns that negatively impact the workplace  Expectations for compliance in resolving the concern(s)  Consequences for failure to accept all conditions of the referral FINDINGS/OUTCOMES The evaluative summary findings will recommend one (1) of the following courses of action:  Fit to return to duty without specific recommendations. The evaluator has determined that the employee is fit for duty and does not pose a hazard or risk to self or others. The evaluator has determined the employee can do all essential functions of the position.  Not fit to return to duty until specific recommendations have been met. The evaluator has determined that the employee is not fit for duty and may pose a hazard or risk to themselves or 41 others. Management/HR shall consider the recommendations in the evaluative summary and shall state the terms and conditions that must be met before the employee shall be allowed to return to work.  Not fit to return to duty. Employee has reached maximum medical improvement and cannot perform the essential duties of the position description. Property Damage Reporting An employee involved in an incident that results in damage to City property or any other property during the course of conducting City business must submit a report of the incident to their supervisor within twenty- four (24) hours of the occurrence. Vehicle accidents also require a copy of the Minnesota Motor Vehicle Accident Report. Workers’ Compensation An employee who is temporarily unable to work due to an injury or illness sustained in the performance of the employee’s work with the City may be eligible for Workers’ Compensation subject to the provisions of the State of Minnesota Workers’ Compensation law. An employee who becomes eligible to receive Workers’ Compensation will receive the total amount of the Workers’ Compensation check and may receive the difference between their Workers’ Compensation payment the employee’s regular gross salary through the use of accrued sick leave. The total of the Workers’ Compensation check and the accrued sick leave compensation may not exceed the employee’s normal gross pay. Workplace Guidelines (Section 7) Attendance All employees are expected to arrive on time, ready to work, every day they are scheduled to work. If unable to arrive at work on time, or if an employee will be absent for an entire day, the employee must contact the supervisor as soon as possible. Excessive absenteeism or tardiness will result in discipline up to and including termination. Failure to show up or call in for a schedule shift without prior approval may result in termination. If an employee fails to report to work or call in to inform the supervisor of the absence for three (3) consecutive days or more, the employee will be considered to have voluntarily resigned employment. Job Performance (Performance Appraisal) Communication between employees and supervisors or managers is very important. Discussions regarding job performance are ongoing and often informal. Employees should initiate conversations with their supervisors if they feel additional ongoing feedback is needed. Performance appraisals are an opportunity for employee, supervisor and the City to assess an individual’s job performance. The performance appraisal is designed to: 42 A. Facilitate open, consistent and ongoing communication between employees at all levels, including feedback from subordinates to supervisors B. Clarify job performance and expectations for the coming year. C. Assess roles and mutual expectations of supervisors and employees D. Motivate and develop employees Performance appraisals will be maintained in accordance with the City’s Records Retention schedule. The schedule recommends personnel files, including performance evaluations, be retained until five (5) years after termination or separation. An employee’s immediate supervisor will conduct a performance appraisal on, at least, an annual basis. The performance appraisal will be used for identifying areas of strength, and growth areas in an employee’s performance, identifying the need for further training and development and as a factor in consideration of personnel decisions such as performance pay increases and promotions. The performance appraisal will be in writing and shall be signed by the employee and the supervisor. In addition to annual performance appraisals, employees will be evaluated during and at the completion of an introductory/training period or any time the employee’s supervisor or department head believes it is in the best interest of the employee and/or the city to conduct an evaluation. Outside Employment The City of Stillwater does not restrict employees from engaging in outside employment. However, the potential for conflicts of interest is lessened when individuals employed by the City regard the City as their primary employment responsibility. All outside employment is to be reported to the employee’s immediate supervisor, and the employee’s supervisor or the City Administrator must approve the outside employment. A second job will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work overtime or different hours. If the outside employment is determined by the City Administrator, or designee to interfere with the employee’s performance of duties with the City or to represent a conflict of interest, the employee will be required to resign from the outside employment or may be subject to discipline up to and including termination. Personal Appearance The City’s image is a direct result of the staff, both individually and collectively. Quality service, positive attitude, good customer relations, and a professional appearance are key factors in creating and maintaining a favorable image. Each employee represents the City in his or her daily contacts with residents, consultants, and members of the community. The City of Stillwater provides a casual yet professional work environment for its employees. Even though the dress code is casual, it is important to project a professional image to visitors, coworkers, and the community. All employees are expected to use good judgment in choosing their attire and in their grooming and personal hygiene. Uniforms, which are provided to some City employees, are expected to be neat, fresh and clean when reporting for the workday. Each department is responsible for ensuring it that employees follow regulations regarding uniforms, related accessories, and equipment. Uniforms bearing a City identification patch or logo should not be worn during off-duty hours. 43 An identification badge showing the City of Stillwater with the employee’s name should be worn during the work day and while conducting City business outside of typical work hours. With the exception of employees required to wear a uniform or work in the field, employees are to choose attire that is appropriate to their work environment. Casual Day: Business casual wear (inclusive of appropriate blue jeans, casual tops, and casual shoes) may be allowed on Friday or other designated days. Professional judgment should be followed. When business needs of the day warrant it (e.g. meeting with clients, citizens, or outside business professionals), business/professional attire is appropriate and required even if it is a designated casual day. The City Administrator or designee has the authority to determine appropriate workplace attire and business casual day(s). Management may make exceptions for special occasions. An employee unsure of what is appropriate should check with his/her division head. Employees who report to work in unacceptable dress, at the discretion of management, may be warned that such clothing is not to be worn again and sent home to change in to acceptable clothing. The employee will not receive paid hours during this time. Repeat offenders will be subject to the progressive discipline process which may include suspension and/or termination. Disciplinary Procedure Employees are subject to discipline up to and including termination from employment, where their acts or omissions adversely affect or may adversely affect their ability to perform their job or have an adverse impact on other employees or the City. City employees will be subject to disciplinary action for failure to fulfill their job duties and responsibilities at the level required, including observance of works and standards of conduct and applicable city policies. The type of discipline imposed will be based upon the nature and severity of the infraction and the conditions surrounding the incident. 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. The City retains the sole discretion to determine what behavior warrants disciplinary action and what type of disciplinary action will be imposed. Nothing in these policies implies that any city employee has a contractual right or guarantee (also known as a property right) to the job he/she performs. Disciplinary actions may be in one or more of the following forms:  Oral reprimand  Written reprimand  Suspension without pay  Demotion  Discharge This policy is not to be construed as contractual terms and is intended to serve only as a guide for employment discipline. 44 Grievance Procedure The City’s goal is to prevent the need for grievances and to deal promptly with those that do occur. Employees covered by a labor agreement must follow the grievance procedure established by their respective labor agreement. Employees not covered by a collective bargaining agreement may utilize the following procedure if the employee and the employee’s supervisor cannot resolve a problem regarding any dispute between an employee and the city relative to the application, meaning or interpretation of these employment policies: Step 1: If an employee and his/her immediate supervisor cannot resolve a problem informally, the employee shall submit a complaint in writing to the immediate supervisor within ten (10) working days of the date on which the alleged violation or dispute occurred, the facts on which it is based, the provision or provisions of the policies allegedly violated and the remedy requested. The supervisor shall attempt to resolve the matter and shall respond to the employee within five (5) working days. Step 2: If the supervisor is unable to resolve the dispute, the written complaint may be brought by the employee to the employee’s department head within five (5) working days of the supervisor’s answer. The department head shall give a written answer to the employee within ten (10) working days after receipt of the written complaint. Step 3: If the department head is unable to resolve the dispute, the employee may appeal in writing to the City Administrator. The written appeal must be presented to the City Administrator within five (5) working days of the department head’s response. The City administrator’s decision shall be final. If the employee does not present the dispute within the time limits, the dispute indicated above shall be considered waived. If a dispute is not appealed to the next step within the time limit, it shall be considered settled on the basis of the City’s last answer. If the City does not answer a written complaint or an appeal thereof, within the specified time limits the employee may elect to treat the complaint as denied at that step and may appeal the complaint to the next step. Employees exercising their rights under this Policy shall be free from reprisal. Keys and Security Each new employee will receive a photo identification card (ID card) or key card to identify those who work for the City and in City buildings. Employees and non-employees must review and sign the Identification/Key Card policy acknowledgement form prior to receiving Identification or key cards. The identification or key card must be carried at all times and be visibly displayed at waist height or above unless doing so risks personal safety. Department heads may temporarily suspend the requirement for an employee to display the ID or key card if there is a significant chance of loss due to the nature of the work performed. The Information Systems office will create a key card for all regular employees of the City of Stillwater. Employees will not give or lend their ID or key card to another individual. Any misuse, alteration or fabrication of the card will subject the holder to disciplinary action by the City. Employees are responsible for securing their workstations/work area at the end of each day, and to ensure that the office, confidential files, etc., are properly secured. Employees entrusted with keys will be required to turn them in before receiving their last paycheck. 45 Social Media Acceptable Use POLICY The City of Stillwater will determine, at its discretion, how its web-based social media and online community presence will be designed, implemented and managed as part of its overall communications and information technology strategies and functions. City government social media and other web-based resources may be modified or removed by the City at any time and without notice, as necessary to maintain the integrity of both communications and information technology functions. PURPOSE It is the intent of the City of Stillwater to represent itself appropriately, consistently and positively on the internet. Collaborative technologies are fundamentally changing how information is provided, received and how the City can engage its citizens. To aid in meeting the goals of the City, the purpose of this policy is to establish procedures for creating and maintaining a social media and online community presence which is in accord with policies and directives established by City management. It also provides guidelines and standards for individual employees regarding the use of social media for communication with citizens, colleagues and the world at large. The City’s official website, www.ci.stillwater.mn.us will remain the City’s primary online medium for communicating with the public and should be referred to in any approved social media or online community the City establishes. SCOPE This policy applies to any existing or proposed City social media web sites and City online community accounts created by City employees during the course and scope of their employment. DEFINITIONS City Social Media – Those social media web sites established for the benefit of the City of Stillwater with authority granted as outlined in this policy. Includes all employee social media accounts established at the request of or with the approval of City management. City Social Media does not include employee’s personal social media accounts. Social Media Web Sites – Focus on creating and fostering online social communities for a specific purpose and connect users from varying locations and interest areas. Social Networking – Offer a way for registered users to communicate with each other on the internet, usually offering many ways to connect to other registered users. These websites fall under four categories: Conversation – blogs, message boards, twitter Social Networking – Facebook, MySpace, LinkedIn Content Sharing – YouTube, Flickr, Digg, Delicious 46 Collaboration – Wikipedia, Micropublishing These web sites can offer many different ways for users to interface such as instant messaging, blogging and commenting, microblogging, status updates, online forums, web site link sharing, video conferencing, sharing photos, videos, etc. Microblogging (Twitter) – This is a form of blogging that allows registered users to post short updates (140 characters or less) about themselves and their activities. GENERAL STANDARDS The creation of any City social media websites or online community accounts must be approved prior to creation by the City Administrator. If approved, City of Stillwater Information Systems staff must have administrative privileges to the account. The City of Stillwater social media web sites and online community accounts and their associated content should focus on significant City interest areas and be organized in a manner that avoids duplication, ambiguities and/or conflicting information. SOCIAL MEDIA WEB SITE RESPONSIBILITY It is the responsibility of the Department Head to ensure all City policies are followed when employees are establishing a City of Stillwater social media site or interacting with social media sites in the course of the employee’s scheduled work. All postings to City of Stillwater social media sites may be subjected to review by the MIS Manager and/or the City Administrator and may be deleted without notice. Administration of all social media web sites and online community accounts must comply with applicable laws, regulations and policies. Separate City of Stillwater social media accounts must be created for any social media websites or online community accounts. A standard user account should be used. Each user should start with the name Stillwater and end with the name of the department. For example, Stillwater Police would be the account for the Police Department. City social media accounts accessed and utilized during the course and scope of an employee’s performance of his/her job duties may not be used for private or personal purposes or for the purpose of expressing private or personal views on personal, political or policy issues or to express personal views or concerns pertaining to City employment relations matters. Department Heads are responsible for assigning one employee to manage the social media accounts and will have direct responsibility for content posted on that site. Other than the Department Head and one assigned employee, no other employees will be allowed to post content to City of Stillwater social media sites. City of Stillwater social media and online community web site accounts are considered a City asset and logins to these accounts must be securely administered in accordance with City computer security policies. The MIS Manager must be set up as an administrator on all City web site accounts. The City reserves the right to shut down any of its social media sites or accounts for any reason without notice. 47 A social media web site and online community accounts shall not be used by the City or any City employee or representative to disclose sensitive and/or confidential information without the prior written approval of the City Administrator. All social media web sites and online community accounts created and utilized during the course and scope of an employee’s performance of his/her job duties will be identified as belonging to the City of Stillwater, including the City logo, as well as a link to the City’s official web site. All social media web sites will be created in such a way that the public will NOT be allowed to make comments. They will contain only informational postings made by City of Stillwater employees. Inclusion of the following disclaimer, as approved by the City Administrator, is required on all social media sites. “The City of Stillwater’s use of external social media web sites is provided as a Public service. The City of Stillwater disclaims liability for ads, videos, promoted content or comments accessible from any external web site. The responsibility for external content or comments rests with the organizations or individuals providing them. Any inclusion of external content or comments does not imply endorsement by the City of Stillwater. The City reserves the right to delete any postings that are obscene, vulgar, threatening, contain profanities or show the City or its residents in a negative manner.” VIOLATIONS OF THE POLICY Employees who are aware of the violation of the above inappropriate uses are obligated to notify their immediate supervisor, the City Administrator or the MIS Specialist. Employees who violate this policy shall be subject to disciplinary action, including but not limited to: reprimands, suspension of some or all computer and technology use privileges, and termination. Violations of this policy that are of a criminal nature may be referred for criminal prosecution. EXCEPTIONS/CHANGES Exceptions to this policy may be granted only by the City Administrator. This policy may be reviewed and changed at any time. REQUESTS TO CREATE SOCIAL MEDIA SITES Any department wishing to create, modify or remove a social media presence must initially submit a request to the City Administrator. This will initiate a process to ensure that the City’s array of sanctioned social media accounts are kept to a sustainable number, policies are followed, and the City’s Internet-based communication strategy is appropriately maintained. Departments must request permission from the City Administrator, using a proposal that includes:  the subject;  whether the request is an addition, modification or deletion of a social media resource or its contents;  an introductory paragraph explaining the purpose and/or scope, including (as applicable) changes to the purpose and contents of existing social media; 48  a draft version of the page which incorporates the general standards;  expected frequency of updates;  expected frequency of site monitoring;  the target audience;  the author(s);  the moderator(s);  anticipated work load to create and maintain the site, as well as an explanation of any work that will be eliminated due to work on the site;  anticipated ending date for the site;  a statement on how the value of the site will be measured; and  signature of the requesting department’s head indicating approval of the request. Formal action on the request will be determined by the City Administrator in consultation with the MIS Specialist. Cellular Phone Use This policy is intended to define acceptable and unacceptable uses of city issued cellular telephones. Its application is to insure cellular phone usage is consistent with the best interests of the city without unnecessary restriction of employees in the conduct of their duties. This policy will be implemented to prevent the improper use or abuse of cellular phones and to ensure that city employees exercise the highest standards of propriety in their use. General Policy Cellular telephones are intended for the use of city employees in the conduct of their work for the city. Supervisors are responsible for the cellular telephones 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.  No personal profit is gained or outside employment is served.  All employees are expected to follow applicable local, state, and federal laws and regulations regarding the use of cellphones at all times. Employees whose job responsibilities include regular or occasional driving and who are issued a cellphone for business use are expected to refrain from using their phone 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 with City-issued phones 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. o 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 49 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. See above “City Driving Policy” for more information on reporting driver’s license restrictions” Alternatively, a supervisor may authorize an employee to use his/her own personal phone for city business and be reimbursed by the city for those calls. 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. An employee will not be reimbursed for business-related calls without prior authorization from his/her supervisor. Supervisors may also prohibit employees from carrying their own personal cell phones during working hours if it interferes with the performance of their job duties. Use of public resources by city employees 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 will be made or received only when absolutely necessary. Such calls must not interfere with working operations and are to be completed as quickly as possible. 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. Procedures It is the objective of the City of Stillwater to prevent and correct any abuse or misuse of cellular telephones through the application of this policy. Employees who abuse or misuse such telephones may be subject to disciplinary action. 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. 50 Bulletin Boards All required governmental postings are posted on the boards located in the break room. These boards may also contain general announcements. Political Activity Political Activity Restricted. Every employee ha a civic responsibility to support good government by available means and in an appropriate manner. Each employee may join or affiliate with civic organizations of a partisan or political nature, may attend political meetings, may advocate and support the principles or policies of civic or political organizations in accordance with the Constitution and laws of the State of Minnesota and the United States of America. Protected free speech for employees includes commenting on matters of public concern such as political, social, or community issues. However, no employee will:  Engage in any political or partisan activity while on duty  Use his/her official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office  Be required as a duty of his/her office of employment or as a condition for employment, promotion or tenure of office to contribute funds for political or partisan purposes  Coerce or compel contributions for political or partisan purposes by another employee of the City of Stillwater, MN  Use any supplies or equipment of the City for political or partisan purposes  Identify their City position with any public statement of personal opinion about any issue unrelated to their City work or activity and authorized by the City Administrator or City Council Public employees have constitutional and common law rights to free speech, free association, and privacy. Technology and Internet Use, Including Software, Hardware, Games, Screensavers PURPOSE The City is committed to protecting its employees, partners and the public from illegal or damaging actions by individuals, either knowingly or unknowingly. 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. All data created on the City’s systems remains the property of the City of Stillwater. There is no guarantee of confidentiality of information stored on any device belonging to the City of Stillwater. Authorized individuals within the City of Stillwater will monitor equipment, systems, network traffic, e-mail, computer files, internet use and any other technology or technology use as it determines necessary and may disclose information from these sources to third parties without providing notice to employees. All employees are responsible for reading and following information that may be distributed from time-to- time by the Information Systems department about appropriate precautions to protect city systems. An employee who violates any aspect of this policy may be subject to disciplinary action including revocation of certain system privileges or termination. Some exceptions to the Technology and Internet Use Policy will be allowed to users based on job responsibilities and duties, per department policy and in accordance to applicable State and Federal laws. 51 Only city employees may use city-owned equipment. Non-city employees, including family members or friends of employees are not allowed to use city equipment or technology resources. Employees are not allowed to use or connect personal peripheral tools or equipment (such as laptops, digital cameras, cell phones, printers, copiers, faxes, scanners, PDAs, jump drives, and wireless routers) to city- owned systems. Connection of such devices will result in confiscation of the device and a loss of network privileges. The length of suspension will be determined by supervisory staff. The city may inspect any data or information stored on its equipment or network, even if the information is personal to the employee. SOFTWARE, HARDWARE, GAMES AND SCREEN SAVERS In general, all software and hardware required for an employee to perform their job functions will be provided by the city. Requests for new or different equipment or software should be made to the supervisor. The department head should then contact the Information Systems Department. The following is approved software that may be downloaded by employees without prior approval:  Microsoft updates as provided in automatic updates to the user.  Anti-virus updates as provided in automatic updates to the user.  Microsoft clipart and photo files contained on the site www.microsoft.com. Unapproved software or downloads (free or purchased) including instant messaging programs, hardware, games, screen savers, toolbars, clipart, music and movie clips, other equipment, software or downloads that have not been specifically approved by the technology department may compromise the integrity of the city’s computer system and are prohibited. The City Information Systems manager, without notice, may remove any unauthorized programs, software, equipment, downloads, or other resources if they are not properly licensed or could harm city systems or technology performance or if they have not been authorized by the Information Systems department. If there is any question about whether software or hardware, downloads, etc. are appropriate it should be forwarded to the City Information Systems department for a determination. ELECTRONIC MAIL The city provides employees with an e-mail address for work-related use. An employee’s personal e-mail (and any other personal documents) accessed via a city computer are considered “public” data and are not protected by privacy laws. The City will monitor any employee’s use of e-mail without prior notice. Employees should not expect privacy in any activity conducted on a city-owned computer. The city will not retain e-mail longer than one week in network back-ups. E-mail backups are only used for disaster recovery. Electronic communication that constitutes an official record of city business must be kept in accordance with all records retention requirements and should be copied to appropriate files for storage. 52 The following activities are strictly prohibited: Do not use harassing language, including sexually harassing language or any remarks including insensitive language or derogatory, offensive or insulting comments or jokes in an e-mail. This includes the transmission of sexually explicit images, ethnic slurs, racial epithets, religious or political statements or anything else that may be construed as harassment or discrimination based on race, religion, age, national origin, sex sexual orientation, disability, marital status or other classification protected by state and federal law. All emails must comply with all city policies, including those related to respectful workplace, harassment prevention and workplace violence. Employees are prohibited from using profanity or derogatory remarks in an e-mail, even when in jest. Sending unsolicited email messages including “junk mail” or other advertising material to individuals, internally or externally, who did not specifically request such material (email spam). Certain city related functions may be excluded from this provision. The City of Stillwater will be a responsible user of technology and will not engage in “spamming”. (Spam is defined as unauthorized and/or unsolicited electronic mass mailings.) Unauthorized use, or forging, of email header information. Solicitation of email for any other email address, other than that of the posters account, with the intent to harass or to collect replies. Creating or forwarding “chain letters”, or other “pyramid” schemes of any type. Employees are not allowed to subscribe to any listservs or register with websites using their City e-mail address unless they are specifically work related. Example: do not use city e-mail to sign up for a newsletter from a weight loss center or to receive coupons from a department store. Employees, including Council or Commission members, are not allowed to automatically forward electronic mail sent to a city e-mail address to a personal e-mail address. If there is question whether an electronic communication is a government record for purposes of records retention laws, or is considered protected or private under data practices, check with a supervisor or the city clerk. SYSTEM AND NETWORK ACTIVITIES The following activities are prohibited: Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by the City of Stillwater. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which the City of Stillwater does not have an active license. Exporting software, hardware, technical information, encryption software or technology, in violation of export control laws. 53 Introduction of malicious programs into the network or server(s) (i.e. viruses, worms, Trojans, email bombs, etc.). Effecting security breaches or disruptions of network communication. Security breaches include but are not limited to, accessing data of which the employee is not the intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. An example would be IT staff engaged in network or system support or application of these policies may access all system data, servers, switches, etc. and accounts. For purposes of this section, disruption includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes. Port scanning and security scanning is expressly prohibited except by IT staff engaged in network or system support or application of these policies. Circumventing user authentication or security of any host, network or account. Using any program/script/command or sending messages of any kind with the intent to interfere with or disable any user’s sessions, network function or system. SOCIAL MEDIA Social media are primarily Internet and mobile based tools for sharing and discussing information. These tools include, but are not limited to, Facebook, LinkedIn, MySpace, Blogs, microblogs such as Twitter, YouTube, Flickr etc. The City of Stillwater has a separate policy in place to address social media. INSTANT MESSAGING The city provides employees with resources or tools to communicate by Instant Messaging (IM) when conducting city business. Employees are not allowed to use other IM as a mechanism for personal communication through the city’s computer network or when using city equipment, and are not allowed to download or install any other IM software on their city computer. STORING AND TRANSFERRING DATA As a general rule city related files and correspondence should not be created on personal or home computers. City business should be conducted on city-owned equipment. In those instances where home or personal computers are used for city related functions users will adhere to all relevant city policies. Electronic documents, including e-mails and business-related materials created on an employee’s home or personal computer, should be stored on the city’s network in accordance with city records retention policies and the Minnesota Data Practices Act. The City provides storage on the network for all documents relating to City business. Each Department is provided with a folder on the network for department wide storage and each employee is provided with a folder on the network for individual storage. Documents or electronic communications that may be classified as protected or private information under data practices requirements should be stored separately from other materials. All network storage is for work-related data. No personal data may be stored on network storage devices. The IT staff will monitor network storage and may delete any items that are non-work related. 54 All City data should be stored on network devices, either department or individual folders. Users shall not store data that needs to be maintained as part of the City’s record on their personal hard drives. Network storage is backed up every night and will be maintained by the Information Systems Department. Data stored on the City’s personal computer hard drives will not be backed up and is not the responsibility of the IT Department. All employees must periodically review data kept on the network storage and delete any unneeded or unnecessary files from the system. Transferring data and documents between computer systems requires information to be stored on storage media. These items can also be used to transmit computer viruses or other items harmful to the city’s computer network. The city has installed anti-virus software on each computer to protect against these threats by automatically scanning storage media for viruses and similar concerns. INTERNET The city provides Internet access to employees for work on city business. Employees may use this access for work-related matters in a professional manner. The following considerations apply to users of the Internet: There is no quality control on the Internet. All information found on the Internet should be considered suspect until confirmed by another source. Internet use during work hours must be limited to subjects directly related to job duties. 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, or in manners that otherwise violate city policies related to respectful workplace and harassment prevention. This prohibition includes information on social media sites such as Facebook and MySpace, blogs and microblogs such as Twitter. No software or files may be downloaded from the Internet unless approved in advance by the City Information Systems department. This includes but is not limited to free software or downloads, maps, weather information, toolbars, music or photo files, clipart, screensavers and games. Web radios are not allowed as they create unnecessary network traffic. Employees may not participate in any Internet chat room – an online meeting place to discuss a particular topic, sometimes in semi-privacy – unless the topic area is related to city business. The city may monitor any employee’s use of the Internet for any purpose without prior notice. REMOTE ACCESS Certain employees may be given the ability to access the city’s computer systems from remote locations or from home, using either personal equipment or city-owned equipment. Remote access is generally limited to staff classified as exempt and who frequently work independently on city business. Non-exempt staff may be given temporary access from time to time as needed. It is the responsibility of the employee to obtain permission from the supervisor before working remotely, and if 55 permission is granted, then all remote hours worked must be recorded. Non-exempt employees must record all hours worked regardless of whether they are on or off City premises. Employees with remote access privileges will be given specific instructions from the technology department about how to protect city equipment and information resources. Direct questions regarding remote access to the city’s Information Systems department. NOTICE OF COMPUTER PROBLEMS Employees are responsible for notifying the Information Systems department about computer problems or odd computer behavior. Employees should err on the side of caution when reporting issues because small problems may indicate a more serious network or computer system issue. VIOLATIONS Violation of this policy will shall be subject to disciplinary action, up to and including termination. Violations of this policy or misuse of the City’s technology that are of a criminal nature may be referred for criminal prosecution. Employees who are aware of the violation of the above inappropriate uses are obligated to notify their immediate supervisor, the City Administrator or the MIS Manager. In addition to any disciplinary action, the City reserves the right to use all available legal means to receive reimbursement from a City employee for any and all costs and expenses incurred in correcting or resolving computer problems associated with the unauthorized installation of software programs onto the computer or technology equipment assigned to that employee. The City shall monitor employee e-mail, computer files, Internet use and any other data and technology on its systems and equipment as it determines necessary and may disclose information from those sources to third parties without providing notice to employees. Managers and supervisors are responsible for ensuring the appropriate use of computers, E-mail, internet access and equipment through training, supervising, coaching, and taking disciplinary action, when necessary. Personal Use of City Property City-owned equipment and facilities are not available for personal use by employees. Personal use of machinery and tools is prohibited unless the appropriate department head gives prior approval. Personal commercial business activity conducted on city telephones is prohibited. Employees provided with cellular telephones will be required to pay for all personal calls. Unauthorized removal of City property or its conversion to personal use may be cause for discipline up to and including termination. Fire/Emergency Response by Full Time Employees Employees that are employed both part-time in the Fire Department and full time in another City department shall not leave their full time positions during their regularly scheduled work hours to respond to an emergency incident in the Fire Department unless they are requested by a Chief Officer, Officer in charge of the station, or Incident Commander. 56 Part-time Fire Department employees that are requested by a Chief Officer, Officer in charge of the station, or the Incident Commander to respond to an emergency incident during the regularly scheduled work hours of their full time position shall notify their supervisor of the request to respond. The supervisor has the authority to approve or deny the employee’s leave of their full time duties, based on the needs of the department and in consideration of the request. An employee authorized to respond to the Fire Department during their regularly scheduled full time work hours shall be compensated at their full time wage for hours that coincide with their regularly scheduled full time work hours. The employee is not eligible to receive their part-time Fire Department wage for these hours. In the event that part-time Fire duties begin or end outside the employees regularly scheduled full time work hours, the employee will be paid their wage as a part-time Fire Department employee for those hours. Use of City Vehicles City-owned vehicles are to be used only by City employees for official City business. Employees that drive or may be required to drive City vehicles and equipment are responsible for maintaining a safe driving record and for observing all traffic laws. Seat belts must be properly used at all times and there shall be no smoking in City vehicles. Drivers must carry a current, valid driver’s license that is adequate for the type of vehicle being driven. Any employee who operates a City vehicle without a valid driver’s license will be subject to disciplinary action. Employees with authorization to drive City vehicles may be subject to annual driver’s license check in accordance with City Ordinance 895. Ordinance 895 requires the employer to obtain driver’s license history prior to employment, and periodically thereafter. Travel Expenses Employees shall receive prior approval from their supervisor and/or Department Head for all conferences and training. Time spent in travel 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. Employees shall be reimbursed for all reasonable expenses incurred when traveling on City business only upon authorization by the Department Head and approval of such expenses by the City Council. In order to receive reimbursement, the employee shall complete the appropriate claim form, including receipts, and submit to the Department Head for consideration and approval. Reasonable traveling expenses include: Mileage reimbursement. When an employee uses their own vehicle for approved city travel, mileage is reimbursed at the IRS established rate per mile. Employees with access to City vehicles shall use them instead of driving a personal vehicle. Airfare. Coach airline tickets may be reimbursed upon prior approval as outlined above when it is more economical to fly than drive. Lodging. Hotel expenses shall be reimbursed for the actual cost, not to exceed the single occupancy rate upon prior approval as outlined above. Lodging expenses will not be reimbursed for activities held within the Twin Cities Metropolitan Area or within a 75 mile radius of the City of Stillwater, unless a recommendation is made by the Department Head and approved by the City Administrator, prior to travel. 57 Meals. Reasonable meal expenditures, including sales tax and gratuity, will be reimbursed according to this policy. Misc. Reimbursement of telephone calls and similar miscellaneous expenses may be reimbursed at the discretion of the City Administrator, or designee, and shall be limited to those directly connected to carrying out official City business. Travel or air insurance premiums are not reimbursable. Property Damage Reporting An employee involved in an incident that results in damage to City property or any other property during the course of conducting City business, must submit a report of the incident to their Supervisor within twenty-four (24) hours of the occurrence. Vehicle accidents also require a copy of the Minnesota Motor Vehicle Accident Report. Election Pay Employees are encouraged to participate in the election process by working at the City of Stillwater polls on Election Day. Employees who wish to serve as an election judge must provide the employer with a minimum of seven days’ notice in order to be granted approval. Provided proper notice is given, employees will be granted leave without loss of pay or benefits. Employees who work at the polls on Election Day will be paid their regular wage. Non-exempt employees: Hours worked in excess of regularly scheduled hours will be paid at the employee’s regular hourly rate and may be paid overtime for hours worked over 40 following employment policy manual and FLSA rules. Exempt employees: Employees will be paid their regular wage for 8 hours and will be paid the approved election judge rate for hours worked over 8 on Election Day. Processing Pay: Employees will include all time worked on their normal pay record. Costs associated with the election may be reimbursed to the appropriate fund. Election pay is considered taxable wages for employees. Government Data Practices Act 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 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 (MGDPA). All employees are responsible for maintaining data in accordance with the provisions of that law. Employees shall never release any private or confidential data to any non-City employee (including but not limited to, employees’ families, friends, and spouse) or to any City employee not officially concerned with the data. 58 If an employee is uncertain whether data is public or private or whether the data can be released, accessed, or discussed, the employee must consult with his or her supervisor and the applicable policies and MGDPA provisions. Any employee found to have violated the MGDPA or the provisions of this policy may be subject to disciplinary action up to and including immediate termination. Gifts and Gratuities The City of Stillwater prohibits all employees, including public officials, from accepting a gift or gratuity from an “interested person.” “Interested person” means a person or association that has a direct financial interest in a decision that the employee is authorized to make. Businesses, vendors, organizations and residents could all have some type of financial interest with the City at any point in association with one’s employment at the City of Stillwater. Employees and public officials shall avoid the perception of special treatment or a conflict of interest. Actual or potential conflicts or any relationships that may create the appearance of a conflict of interest must be reported to the direct supervisor as soon as they can be established in order to protect all parties. The City of Stillwater will determine whether an actual conflict exists. Failure to make a required disclosure or resolve conflicts of interest satisfactorily can result in discipline up to and including termination of employment. The citizens of Stillwater expect a high standard of conduct from public employees and the City strives to meet that goal. Gifts in value above a de minimis amount are prohibited (e.g. lunches, dinners, event tickets). The gift policy does not apply if the gift includes the following:  Services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation and services to constituents  Services, trinkets or mementos of de minimis monetary value ($5.00 or less)  Plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause  Informational material of unexceptional value  Meritorious awards from civic organizations  Food or a beverage at an official event  Donations of money, equipment, etc., to a department or City as a whole. Items of substantial monetary value will be officially accepted by the City Council at a Council meeting. News Releases, Public Statements and Public Appearance News releases concerning municipal affairs are the responsibility of the City Administrator unless delegated to the department head by the City Administrator. Employees are prohibited from releasing any information related to municipal affairs to the news media without the prior consent of the employee’s department head or the City Administrator. All news releases concerning City personnel shall be the responsibility of the City Administrator. 59 Public Statements by Employees: An employee may not speak to the press/media as an official spokesperson of the City without prior clearance by the City Administrator or designee. Department Heads are designees for their area of responsibility. All inquiries from the press/media should be referred to the City Administrator or designee. Any deviation from this policy may result in disciplinary action. Public Appearances: Any employee asked by an outside agency or organization to appear as a guest speaker or invited program participant representing the City of Stillwater must obtain prior approval from the City Administrator or Division Head if it is done so as an official representation of the City or if the appearance is during normal business hours. Volunteers As a public sector entity, the City of Stillwater is able to use unpaid volunteers if they meet the Department of Labor (DOL) criteria to quality, as follows:  The services are entirely voluntary, with no coercion by the employer, no promise of advancement, and no penalty for not volunteering  The activities are predominately for the employee’s own benefits  The employee does not replace another employee or impair the employment opportunities of others by performing work which would otherwise be performed by regular employees  The employee serves without contemplation of pay  The volunteer activity does not take precedence for regular or scheduled overtime hours  The volunteered time is not substantial in relation to the employee’s regular work schedule If a request is received from a citizen to offer volunteer services at the City, refer the request to the Department Head. The Department Head, in consultation with Human Resources, shall verify that the request follows DOL requirements. Exceptions to this policy include a Girl Scout, Boy Scout, or school group volunteering to help clean up a park or paint park benches or other one-time occurrence. Telecommuting The City of Stillwater is committed to creating a work environment and culture where the needs of the City’s clients, employees, and organization are aligned. The City strives to be flexible in the City’s approach to work styles and location. The City offers employees the ability to perform certain job duties away from the central work site. This policy refers to those employees working a set schedule from a remote work area. Occasional work off‐site; including work while traveling on City business, does not constitute telecommuting. Eligibility The determination that a position may or may not be appropriate for a telecommuting arrangement is made on a case‐by‐case basis at the department level with approval from the director or City Administrator. 60 Departments evaluate whether a position is suitable for telecommuting based on the nature of the work that is being performed. Generally, requests to telecommute should be considered when:  The employee's duties can be fulfilled within the telecommuting structure.  Telecommuting fits with the needs of the department.  Telecommuting provides for space savings or increased productivity.  The employee has demonstrated sustained high performance, and the manager believes the employee can maintain the expected quantity and quality of work while telecommuting.  The department can maintain quality of service for clients, employees, and members of the community. Generally, requests to telecommute should not be considered when:  The job requires the employee’s physical presence or telecommuting would impair the department’s efficiency.  The employee’s current job duties require frequent supervision, direction or input from others who are onsite.  The employee’s job duties require that the employee provide frequent supervision, direction or input to other employees who are onsite.  The employee’s performance evaluations do not indicate sustained high performance or the ability to work independently.  The employee has a documented attendance problem.  The employee has less than six months of service with The City. Request Process An employee requesting a telecommuting arrangement should complete a Telecommuting Request (see Appendix). The employee’s direct supervisor and/or department head must review and approve the request prior to the review and approval of the director or City Administrator. Expectations Telecommuting is not intended to permit staff to have time to work at other jobs, provide dependent care during work hours, or run their own businesses. Employees who telecommute must comply with all City policies and department work rules. 61 Employees who telecommute are expected to have regularly scheduled work hours, to be fully accessible during those hours, and to attend necessary meetings and appointments in person. Non‐exempt employees who telecommute are required to obtain telecommuting approval from the department head and Human Resources Manager, report their work hours and take required rest breaks and meal periods. Employees entering into a telecommuting agreement may be required to forfeit use of a personal office or workstation in favor of a shared arrangement to maximize organization office space needs. Employees must provide broad band internet access at their own expense. The City will not be responsible for operating costs, home maintenance, or any other incidental costs associated with the use of the employee’s residence for a telecommuting location. Meetings with clients and or visitors conducting business with the City will not be held in the employee’s telecommuting location. HIPAA/Protected Health Information Employees in a telecommuting arrangement must comply with all City policies and procedures concerning the handling of Protected Health Information, as well as use of computers, internet and email. It is expected employees fully review and are familiar with these policies. Employees will limit consumer specific information in their possession outside of City offices to that necessary to perform their duties. The telecommuter's signed employment and related agreements, and any other applicable computer, network, and telecommunication laws, rules and permissions remain in full effect while telecommuting. Travel Expenses A telecommuter is entitled to mileage reimbursement as indicated by the Internal Revenue Service:  The first one way trip of the day from home to another location for the purpose of paid employment is not reimbursable as a work expense and is considered the responsibility of the telecommuter.  This rule also applies to the last trip of the day from another location for the purpose of work to the home. 62  In the event the first trip and/or the last trip of the day is longer than the mileage between the employee’s onsite work location and the employee's home, the employee will be reimbursed for the difference. If the first trip of the day is shorter than the normal distance from the onsite work location to the employee's home, this mileage would not be reimbursable. Location Employees telecommuting must have a safe and ergonomically correct workspace in order to telecommute. Employees may request a representative of The City to visit their telecommuting worksite to conduct an ergonomic assessment and inspect for possible work hazards. Employees are encouraged to conduct an ergonomic self‐evaluation of their telecommuting location. Employees will work at a designated location as outlined in their telecommuting request. Equipment Departments will work with the Information Systems department to determine, with information supplied by the employee and the supervisor, the appropriate equipment needs for each telecommuting arrangement on a case‐by‐case basis. All equipment provided by the City will remain the property of the City and is subject to the same business use restrictions as if located at the organization’s on‐site work location. The telecommuter will sign an inventory of all office property and agrees to take appropriate action to protect the items from damage or theft. Upon termination of employment, all City property will be returned to the City. Liability The City will not be liable for damages to the employee’s property resulting from participation in the telecommuting program. A designated representative of the City will visit the employee’s telecommuting worksite to conduct an ergonomic assessment and inspect for possible work hazards. Repeat inspections will occur on an as‐needed basis. Injuries sustained by the employee while at his or her telecommuting work location and in conjunction with his or her regular work duties are normally covered under the City’s workers’ compensation policy. 63 Telecommuting employees are responsible for notifying the employer of such injuries in accordance with City policy. The employee is liable for any injuries sustained by visitors to his or her work location. Employees will not meet with clients and/or visitors conducting business with the City at the employee’s telecommuting location.  By participating in the telecommuting arrangement, the employee agrees to hold the City harmless against any and all claims including injuries to others at the telecommuting location. Telecommuting Agreement An agreement between the telecommuting employee and the department is required, and will be placed in the employee’s personnel file. See Appendix. The telecommuting agreement may be modified or terminated any time, with appropriate notice. Normally, at minimum, a two‐week notice should be provided whenever possible in advance of ending or changing the agreement. In all cases, telecommuting agreements must be renewed annually. Leave Time (Section 8) Holidays All employees covered by a collective bargaining agreement should refer to their respective agreements for terms and conditions of holiday leave. Eligibility: Full time employees will receive paid holiday leave in accordance with the following schedule. Part-time employees who work at least 20 hours per week on a regular basis will earn or receive paid holiday 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 receive paid holiday leave. Employees that are eligible for benefits and not covered by a collective bargaining agreement shall be granted leave on the following holidays: New Year’s Day Veteran’s Day Martin Luther King Day Thanksgiving Day 64 President’s Day Day after Thanksgiving Memorial Day Christmas Day Independence Day Christmas Eve Day or New Year’s Eve Day* Labor Day Floating Holiday** *It is the employer’s discretion to determine whether the employee will take Christmas Eve Day or New Year’s Eve Day. **Immediately preceding the first anniversary date of employment, the employee shall be entitled one additional floating holiday. When a holiday falls on a Sunday, the following Monday shall be the “observed” holiday, and when a holiday falls on a Saturday, the preceding Friday shall be the “observed” holiday. Full time employees will receive pay for official holidays at their normal straight time rates, provided they are on paid status on the last schedule day prior to the holiday and first schedule day immediately after the holiday. Part-time employees will receive prorated holiday pay based on the number of hours normally scheduled. Any employee on an approved leave of absence (and NonFMLA) without pay is not eligible for holiday pay. Nonexempt employees who are covered by a collective bargaining agreement and who are required to work on a holiday shall receive overtime pay in addition to their normal holiday pay in accordance with their respective collective bargaining agreement. Vacation Employees covered by collective bargaining agreements shall earn vacation time according to their respective labor agreements. Employees eligible for benefits and not covered by a collective bargaining agreement shall earn vacation time at the following rate: From 0 through 12 months employment: 6.67 hours per month From 1 year through 4 years employment: 80 hours per year From 4 years through 10 years employment: 120 hours per year After 10 years through 15 years employment: 160 hours per year After 15 years: 8 additional hours for each year of employment, up to twenty years for a maximum of 200 hours. Eligibility: Full time employees will earn vacation leave in accordance with the above schedule. 65 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. The City will make a reasonable effort within the needs of the City to schedule vacations at times when requested by employees, provided that adequate advance notice is given by the employee. Vacation schedules shall be set by the Employer with due regard to the seniority of the employee, the preference of the employee and the need for efficient and uninterrupted operation of the department. Once scheduled, an employee’s vacation shall not be changed unless approved by the Department Head or Supervisor. When requesting use of vacation time, the vacation request must be in writing, and approved by the employee’s Department Head or Supervisor prior to the use of vacation time. If the request is denied, the Department Head or Supervisor shall return the request to the employee with the denial specified and a reason for the denial indicated. Employees may use vacation time, as it is earned, and with approval by the Department Head or Supervisor. Vacation time must be used in minimum increments of 15 minutes. Employees covered by collective bargaining agreements shall carry over unused vacation time in accordance with their labor agreement. Employees not covered by a collective bargaining agreement are allowed to carry over up to a maximum of 80 hours of unused vacation time in to the next year. Special written authorization from the City Administrator must be granted to accumulate vacation time in excess of the annual allocation. For the purpose of determining the date on which the benefit schedule changes, vacation accrual rate changes shall be effective for all employees on January 1 immediately preceding the employee’s anniversary date. Sick Leave Sick leave shall not be considered a privilege or vested right which an employee may use at the employee’s discretion. Employees may use sick time for personal illness or injury, to attend medical appointments, to care for spouse, child or parent, and to take dependents to medical appointments. Employees covered by a collective bargaining agreement shall earn sick leave benefits according to their respective labor agreements. Employees eligible for sick leave, hired before January 1, 2019, and not covered by a collective bargaining agreement shall earn sick leave benefits as follows: If term of employment has been six (6) months, but less than two (2) years, 80 hours. If term of employment has been 2 to 5 years, full pay for 340 hours. If term of employment has been 5 to 10 years, full pay for 780 hours. If term of employment has been 10 to 15 years, full pay for 1300 hours. 66 If term of employment has been 15 to 20 years, 1560 hours. If term of employment has been 20 to 25 years, 1820 hours. If term of employment has been 25 years or more, 2080 hours. For the purpose of determining the date on which the employee’s sick leave benefit changes, sick leave shall be effective for all employees on January 1st immediately preceding the employee’s anniversary date. Sick leave must be used in minimum increments of 15 minutes. An employee may use the full entitlement only once annually. Full entitlement is the sick leave benefit amounts specified above, which are based on the employee’s length of service with the City. No sick leave benefits shall be paid for absences in excess of three (3) consecutive days without a doctor’s certificate as to sickness disability. The Employer may require a doctor’s certificate for absences less than three (3) days if sick leave abuse is suspected. Earn Back: When an employee uses sick leave, the employee will accrue sick leave to replace the used sick leave at the following accrual rates: Employees with less than five (5) years’ service shall earn back sick leave time at the rate of 8 hours for each month worked. Employees with five (5) years but less than ten (10) years’ service shall earn back sick leave time at the rate of 12 hours for each month worked. Employees with ten (10) or more years’ service shall earn back sick leave time at the rate of 16 hours for each month worked. Sick leave time shall be earned as a replacement for used sick leave and the sick leave balance shall not exceed the annual allotment of sick leave benefits associated with the employee’s length of service with the City as specified above. For all employees hired by the City on or after January 1, 2019, full-time employees will accrue eight (8) hours sick leave per month up to a maximum of 1040 hours. Sick leave may be accumulated up to a maximum of 1040 hours. Up to a maximum of 1040 hours of unused sick leave benefits shall be granted as severance pay upon retirement due to age or physical disability to an employee having completed not less than ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above. Earn back provisions shall not apply to Employees hired on or after January 1, 2019. Benefit eligible part- time employees hired on or after January 1, 2019 sick leave accrual and maximum will be calculated on a pro- rata basis. 67 An employee must notify his/her immediate Supervisor no later than their regular start time if the employee intends to be absent from work. If an emergency prevents the employee from notifying his/her Supervisor at such time, the employee is expected to call as soon as possible during the workday. Employees are required to keep their Supervisor informed of their condition and anticipated return to work. Employees may use sick leave, as it is earned, and with approval by the Department Head or Supervisor. An employee who becomes eligible to receive Workers’ Compensation will receive the total amount of the Workers’ Compensation check and may receive the difference between their Workers’ Compensation payment and the employee’s regular gross salary through the use of accrued sick leave. The total of the Workers’ Compensation check and the accrued sick leave compensation may not exceed the employee's normal gross pay. An employee claiming sick time when physically fit to work or for reasons other than those explicitly set forth in this policy will be subject to disciplinary action. An employee may be required to submit a statement from their physician regarding a sick leave absence or may be required to submit to a medical examination by a physician or medical facility licensed to practice medicine and submit a doctor’s statement to the City regarding their illness. The City shall select the physician and facility that shall conduct the examination. An employee who has exhausted accrued sick time may request to use accrued vacation time. No sick time benefits or payments for accumulated sick time shall be granted to an employee who is terminated by the City. Family and Medical Leave In accordance with the Family and Medical Leave Act (FMLA), the City of Stillwater will grant job protected, unpaid family and medical leave to eligible employees for up to 12 weeks per 12-month period for any or one or more of the following reasons: The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care (leave for this reason must be taken within the 12-month period following the child's birth or placement with the employee); or In order to care for an immediate family member (spouse, child, or parent) of the employee if such immediate family member has a serious health condition; or The employee's own serious health condition that makes the employee unable to perform the functions of his/her position, or Any exigency arising out of the spouse, son, daughter or parent being called to active duty in the Armed Forces in support of a contingency operation (See Military Caregiver and Qualified Exigency Leave described below). Eligible employees can take up to 26 work weeks of unpaid leave during a 12 month period to: Care for a spouse, son, daughter, parent or “next of kin” who is a covered service member of the Armed Forces and who suffered a serious injury or illness while on active duty (See Military Caregiver and Qualified Exigency Leave described below). 68 During the single 12-month period, an eligible employee shall be entitled to a combined total leave of 26 workweek for a leave that falls under the general FMLA requirements and for leave under the service member family leave requirements (See Military Caregiver and Qualified Exigency Leave described below). DEFINITIONS "12-Month Period" - means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. "Child" - means a child either under 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability or a child that meets the criteria established by the IRS. An employee's "child" is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, foster or stepchild. "Spouse" - does not include unmarried domestic partners. “Serious Health Condition” means an illness, injury, impairment, or physical or mental condition that involves one of the following: Absence Plus Treatment: A period of incapacity of more than three (3) or more consecutive calendar days that also involves continuing treatment by or under the supervision of a health care provider. Chronic Conditions Requiring Treatments: Any period of incapacity because of chronic serious condition, which requires periodic visits for treatment by a health care provider, continues over an extended period of time, and may cause episodic rather than a continuing period of incapacity. Hospital Care: Any period of incapacity or treatment connected with inpatient care in a hospital, hospice, or residential medical care facility. Multiple Treatments: Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider. Permanent/Long-Term Conditions: A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective, but requires continuing supervision by a health care provider. Pregnancy: Any period of incapacity because of pregnancy, prenatal care or child birth COVERAGE AND ELIGIBILITY The FMLA applies to all public employers, regardless of the number of employees. To be eligible for family/medical leave an employee must: Have worked for the City of Stillwater for at least 12 months prior to the date the leave is to commence; and Have worked at least 1250 hours over the previous 12-month period prior to the date when the leave is requested to commence. HOW LEAVE MAY BE TAKEN 69 FMLA leave may be taken for 12 (or less) consecutive weeks, may be used intermittently (a day periodically when needed), or may be used to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks. An employee may take leave intermittently or on a reduced leave schedule to care for an immediate family member with a serious health condition or because of a serious health condition of the employee when "medically necessary." "Medically necessary" means that there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule as documented in the medical certification form. If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as to not disrupt the City’s business. In instances when intermittent or reduced schedule leave for the employee or employee's family member is foreseeable or is for planned medical treatment, including recovery from a serious health condition, the City may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule. An employee may take leave intermittently or on a reduced leave schedule for birth or placement for adoption or foster care of a child only with the department's consent. Part-time employees who take FMLA leave as a single block of time are entitled to 12 workweeks of leave regardless of the number of hours typically worked in the workweek. USE OF VACATION TIME AND SICK LEAVE During the first forty (40) hours for full-time employees and the first seventy-two (72) hours for full-time Firefighters scheduled for twenty-four (24) hour shifts, an employee may choose to take FMLA as unpaid. For part-time employees and those who work variable hours, a weekly average of the hours worked shall be used to determine the amount of time allowed as initial unpaid leave for FMLA purposes. After the initial period of unpaid leave for FMLA purposes, an employee must substitute accrued paid time for any part of a family/medical-leave taken for any reason. Accrued sick leave may only be used in the case of illness or medical disability of the employee or the employee's child. When an employee has used accrued paid time for a portion of family/medical leave, the employee may request a period of unpaid leave to be granted so that the total of paid and unpaid leave provided equals 12 weeks. NOTICE REQUIREMENT Employees are required to give 30 days’ notice in the event of a foreseeable leave. A "Request for Family/Medical Leave" form should be completed by the employee and returned to Human Resources. In unexpected or unforeseeable situations, an employee should provide 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. 70 If an employee fails to give 30 days’ notice for a foreseeable leave with no reasonable excuse for the delay, the leave will be denied until 30 days after the employee provides notice. MEDICAL CERTIFICATION For leaves taken because of the employee's or a covered family member's serious health condition, the employee must submit a completed Physician or Practitioner Certification form and return the certification to Human Resources. The employee must provide medical certification within 15 calendar days after requested, or as soon as is reasonably possible. If the form is not submitted timely, the employee must provide a reasonable explanation for the delay. Failure to provide medical certification may result in a denial or delay of the leave. The City of Stillwater may require a second, and in some circumstances, a third medical opinion (at its own expense), periodic reports on the employee's status and intent to return to work, and a fitness-for-duty report to return to work. If an employee is using intermittent leave and reasonable safety concerns exist regarding the employee’s ability to perform his or her duties, a FFD certificate may be required as frequently as every 30 days during periods when the employee has used intermittent leave. Recertification of leave may be required if the employee requests an extension of the original length approved by the City or if the circumstances regarding the leave have changed. Recertification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition. Where the employee’s need for leave due to the employee’s own serious health condition lasts beyond a single leave year, the City will require employees to provide a new medical certification in each subsequent leave year. All documentation related to the employee's or family member's medical condition will be held in strict confidence and maintained in the employee's medical records file. EFFECT ON BENEFITS An employee granted leave under this policy will continue to be covered under the City of Stillwater's group health insurance plan, dental insurance plan, and life insurance plan under the same conditions as coverage would have been provided if they had been continuously employed during the leave period. The employee will be required to continue payment of the employee portion of group insurance coverage while on leave. Employee contributions will be required either through payroll deduction authorized by the employee through a written agreement or by direct payment to the City of Stillwater (Finance Department). The employee will be advised in writing at the beginning of the leave period as to the amount and method of payment. Employee contribution amounts are subject to any change in rates that occurs while the employee is on leave. The employer will provide the employee notice at least 15 days before coverage is to cease advising the employee that payment has not been received pursuant to 29 C.F.R. § 825.212. 71 The employee may sign a written statement authorizing the City to make a payroll deduction for the employee’s delinquent payments for the employee’s contribution of group insurance coverage. If the City of Stillwater pays the employee contributions missed by the employee while on leave, the employee will be required to reimburse the Employer for delinquent payments upon return from leave. If the employee fails to return from unpaid family/medical leave for reasons other than (1) the continuation of a serious health condition of the employee or a covered family member, or (2) circumstances beyond the employee's control (certification required within 30 days of failure to return for either reason), the City of Stillwater may seek reimbursement from the employee for the portion of the premiums paid by the City of Stillwater on behalf of that employee (also known as the Employer contribution) during the period of leave. Any paid disability leave benefits, sick leave, vacation or compensatory time off available to employees for a covered reason (an employee’s serious health condition or a covered family member’s serious health condition, including worker’s compensation leave and Minnesota State Parenting Leave) will run concurrently with FMLA. An employee is entitled to seniority or benefit accrual during periods of unpaid leave for FMLA purposes. JOB PROTECTION Upon return from FMLA leave, an employee will be reinstated to his/her former position or an equivalent position with equivalent pay, benefits, status and authority. An employee on FMLA leave has no greater right to reinstatement or to the other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period. If the employee fails to return within 12 weeks following a family/medical leave, the employee will be reinstated to his/her same or similar position only if available, in accordance with applicable laws. If the employee's same or similar position is not available, the employee may be terminated. FORMS TO BE SUBMITTED BY THE EMPLOYEE Notification or request for Family/Medical Leave Physician or Practitioner Certification -Family Member/Serious Health Condition, Employee Serious/Health Condition Fitness for Duty to Return From Leave L. FMLA – QUALIFIED EXIGENCY AND MILITARY CAREGIVER LEAVE i. Qualified Exigency - Eligible employees (described above) whose spouse, son, daughter, or parent either has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by the family member’s call -up or service. The qualifying exigency must be one of the following: (1) short-notice deployment; (2) military events and activities; (3) childcare and school activities; (3) financial and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post - deployment activities; (8) parental care; or (9) additional activities that arise out of 72 active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. ii. Military Caregiver Leave - An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, parent, or next of kin of a covered servicemember may take up to 26 weeks in a single 12-month period to care for that servicemember. The family member must be a current member of the Armed Forces (including a member of the National Guard or Reserves), who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is on outpatient status or on the temporary disability retired list. Eligible employees may not take leave under this provision to care for former members of the Armed Forces, former members of the National Guard and Reserves, or members on the permanent disability retired list. iii. Definitions:  “Covered active duty” means o “Covered active duty” for members of a regular component of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country. o “Covered active duty” for members of the reserve components of the Armed Forces (members of the U.S. National Guard and Reserves) means duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined in section 101(a)(13)(B) of Title 10 of the United States Code.  “Covered Service Member” means o An Armed Forces member (including the National Guard or Reserves) undergoing medical treatment, recuperation, or therapy or otherwise in outpatient status or on the temporary disability retired list, for a serious injury or illness”; or o A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the vet eran undergoes that medical treatment, recuperation, or therapy. 73  “Next of kin of a covered servicemember” is the nearest blood relative, other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember’s next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember’s only next of kin.  “Parent of a covered service member” means a covered servicemember’s biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember. This term does not include parents “in law.”  “Serious injury or illness” means: o In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and o In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered servicemember, means a qualifying (as defined by the Secretary of Labor) injury or illness incurred by a covered servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank or rating. 74  “Son or daughter of a covered servicemember” means the covered service member’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered service member stood in locos parentis, and who is any age. iv. Amount of Leave – Military Caregiver: An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave during a “single 12-month period.” The “single 12-month period” begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date. Leave taken for any FMLA reason counts towards the 26-week entitlement. If an employee does not take all 26 workweeks of leave to care for a covered servicemember during this “single 12-month period,” the remaining part of the 26 workweeks of leave entitlement to care for the covered servicemember is forfeited. 29 C.F.R. § 825.127(e)(1) (2017). v. Certification of Qualifying Exigency for Military Family Leave - The City will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave. vi. Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave - The City will require certification for the serious injury or illness of the covered servicemember. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered Servicemember. All other provisions of the FMLA policy, including Use of Paid Leave, Employee Status and Benefits During Leave, Procedure for Requesting Leave, and Benefits During Leave and Reinstatement, are outlined above in the FMLA policy. Family Care and Safety Leave Employees shall be able to use up to 160 hours of accrued personal sick leave per year to care for an adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent on the same terms upon which the employee is able to use sick leave benefits for his/her own illness or injury or for reasonable absences for themselves or family members as previously 75 defined who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. "Spouse" - does not include unmarried domestic partners. Family care and safety leave uses a “rolling 12-month period” measured backward from the date leave is taken and continuous with each additional leave day taken. If used, family care and safety leave shall be eligible for any sick leave earned back or replacement provisions. Family care and safety leave cannot be carried over to a subsequent year and employees shall not be eligible for pay for any unused family care leave. Proof of sickness or disability will need to be provided for any “family” member. Pregnancy and Parenting Leave Employees who work twenty (20) hours or more per week and have been employed more than one year are entitled to take an unpaid leave of absence 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 th e birth or adoption of a child is eligible for up to 12 weeks of unpaid leave and must begin within twelve (12) 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 three (3) days. If the leave must be taken in less than three (3) 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 Parenting Leave. If the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. The two leaves will run concurrently. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain available while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the employee will be responsible for the entire premium unless otherwise provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an FMLA absence as well, the employer contributions toward insurance benefits will continue during the FMLA leave absence. Military Leave State and federal laws provide protections and benefits to city employees who are called to military service, whether in the reserves or on active duty. Such employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for t he time the employee is engaged in training or active service not exceeding a total of 15 days in any calendar year. 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 (15) day paid leave of absence. Employees on extended unpaid military leave will receive fifteen (15) days paid leave of absence in each calendar year, not to exceed five years. 76 Where possible, notice is to be provided to the city at least ten (10) working days in advance of the requested leave. If an employee has not yet used his/her fifteen (15) days of paid leave when called to active duty, any unused paid time will be allowed for the active duty time, prior to the unpaid leave of absence. Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the purpose of vacation leave and sick leave accruals. Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen (15) days will follow the same procedures as for any employee on an unpaid leave of absence. Employees will be granted up to ten (10) working days of unpaid leave whose immediate family member 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 appro priate accrued paid leave. 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. Bereavement Leave An employee shall be granted a paid bereavement leave up to three (3) working days in each case of death of an immediate family member. Immediate family shall be defined as the employee's spouse, child, parent, sibling, grandparent, and grandchild and shall include the parents and siblings of the employee's spouse. One day with pay shall be allowed in the event of the death of any other relative and/or when an employee is selected to be a pallbearer in a funeral and/or is required to perform Color Guard activities as an active member of the United States Armed Forces including reserve forces. Catastrophic Leave Program POLICY PURPOSE: The purpose of this policy is to establish a catastrophic leave program for City employees. This program allows employees to donate earned paid leave credits with the exception of sick leave or compensatory time, to employees who have a catastrophic need. POLICY DEFINITIONS: Definitions specific to this policy: 77 “Catastrophic need” means a significant financial hardship that is due to an illness, medical condition, or injury that incapacitates or is expected to incapacitate an employee or an employee’s family member that requires the employee to take unpaid time off from work for an extended period of time, as defined by the City. “Donor” means any person meeting the eligibility requirements set forth in this policy. “Family member” includes all of the following:  Employee’s legal spouse  Children of the employee or of the employee’s spouse (biological, adopted, step or foster child, or legal ward);  Parents of the employee (biological, adoptive, stepparent, foster parent or legal guardian) “Leave credits” means vacation, vacation carryover, personal holiday, accrued legal holiday/floating legal holiday and leave in a paid leave bank. “Leave credits” do not include sick leave or compensatory time-off credits. “Recipient” means any person meeting the eligibility requirements. POLICY: This policy establishes procedures for the catastrophic leave program for City staff who hold a position that is eligible for sick leave. The catastrophic leave program allows employees to donate earned paid leave credits, other than sick leave or compensatory time, to City employees who have a catastrophic need. Great care should be taken to protect the confidentiality and the medical status of the recipient and of the recipient’s family. A. Determining Recipient Eligibility (1) Eligible Recipient Criteria To be an eligible recipient an employee must satisfy all of the following conditions: (a) Must be an active City employee who earns sick leave; and (b) Must be in a permanent appointment. Employees in seasonal hourly or temporary appointments are not eligible for this program; and (c) Be on approved unpaid leave of absence due to a catastrophic need of the employee or an immediate family member. The unpaid leave may be taken in non-continuous increments that are no shorter than one hour; and (d) Must submit an Employee Request for Catastrophic Leave form to Human Resources who determines recipient eligibility; and (e) Must have used all available sick leave credits earned; and (f) Must have an accrued leave balance of no more than 16 hours of combined earned vacation, vacation carryover and personal holiday; and (g) Must not be receiving other salary replacement income. Salary replacement income may include, but is not limited to: a. Replacement income from other employment b. Income Continuation Insurance c. Workers Compensation 78 d. Unemployment Compensation e. Social Security f. Private insurance (h) Be approved as an eligible recipient by Human Resources. (2) Required Recipient Forms (a) A potential recipient must complete an Employee Request for Catastrophic Leave (b) Human Resources will determine recipient eligibility consistent with program policies and guidelines and complete an Employer Approval of Catastrophic Leave. Such information or correspondence shall be treated in a highly confidential manner due to the personal/medical nature of the request. (c) If the leave meets the requirements and conditions of the Minnesota and the Federal Family and Medical Leave Acts, it should be charged to the employee’s FMLA allocation, if available. B. Determining Donor Eligibility (1) Potential donors must complete a Catastrophic Leave Donor Authorization form. Human Resources will determine donor eligibility consistent with program policies and guidelines. (2) To be an eligible donor, the employee must be actively employed at the City and have accrued leave credits available for donation. C. Leave Credit Donations (1) All employees who meet the eligibility requirements of this policy may benefit from leave donated under this program. Recipients of donated leave may accept any type of eligible leave donation. For example, a donor may donate personal holiday. The recipient may use the leave donated in one- hour increments. (2) A donor may donate leave credits to any eligible recipient. (3) Leave credits may be donated in whole-hour increments only. (4) A donor may donate as frequently as the donor desires and may donate to more than one recipient (i.e., there is no limit on number of accrued leave hours a donor may donate). (5) Donated leave credits will be deducted from a donor’s official leave accounting balance when the credits are actually used by the recipient. If a donor uses donated leave credits prior to use by the recipient, the donation is negated. (6) Donation leave credits will not be accepted if the recipient is no longer covered by catastrophic leave provisions (e.g. due to the recipient’s return to work, end of employment or resolution of the catastrophic need). (7) The City is required to maintain adequate documentation to support leave use and adjustments to leave balances. (8) Leave donated for the purpose of a catastrophic illness or medical need shall in no way assume the rights, character or benefits of sick leave. D. Leave Credit Usage by Recipients 79 Donated leave credits will be processed only after a catastrophic leave has been approved and notice provided to the appropriate payroll or human resources office pursuant to established institutional procedures. (1) There is no limit to the number of donated leave credits a recipient may receive, subject to (a) – (f) below. (a) A recipient may only use donated leave consistent with the recipient’s regularly scheduled hours per pay period at the time the unpaid leave began. Exception – if the employee is working a reduced schedule due solely to the catastrophic need, the employee may use catastrophic leave up to the employee’s regular appointment percentage in absence of the catastrophic need. “Regularly scheduled hours” does not include overtime hours or hours worked in excess of the employee’s appointment percentage. (b) Donated leave credits may be used by the recipient retroactively. For a recipient who subsequently leaves the position and is no longer an eligible employee or who terminated City employment, donated leave credits may only be used up to the date of ineligibility or termination. (c) Donated leave credits will be used on a first-in, first-used basis as determined by the date of receipt of the Catastrophic Leave Donor Authorization form at the payroll office. (d) Leave credits earned by the recipient while using donated leave credits will be used prior to the donated leave credits Example: If an employee remains on payroll by using donated paid leave credits, the employee will continue to earn sick leave for the entire time in pay status. This earned sick leave should be used before donated paid leave credits are used. (e) If a legal holiday falls in a pay period in which a recipient is using paid leave credits, the employee is eligible to receive legal holiday pay provide the employee is otherwise eligible for legal holiday pay. (f) At no time may payments received under the Catastrophic Leave Program or any other City sponsored income replacement program, be collected simultaneously. (2) Leave credits donated to recipients are not subject to the carryover provisions and limitations regarding vacation, vacation carryover, and personal holiday. The leave credits must be donated prior to the leave expiration date. Example: Personal holiday hours expire at the end of each calendar year for City staff. A City staff employee can donate unused personal holiday hours on December 30 of a year and the recipient may use these hours on or after January 1. These hours do not expire provided they are donated before they are lost. (3) Donated leave credits will not be reflected on the recipient’s official leave accounting balance until the pay period in which the credits are actually used by the recipient. (4) The donated leave credits will be paid to the recipient at the recipient’s wage rate during the pay period in which the credits re used. 80 E. Catastrophic Leave and Insurance Benefits When an employee is using donated leave credits to remain on payroll, benefit deductions should continue to be deducted from earnings; however, donated leave cannot be used intermittently to extend the employer contribution toward benefits. F. Appeal Provisions No employee may grieve the City’s decision relative to the catastrophic leave program. PROCEDURE A City staff member on an approved unpaid leave of absence due to a catastrophic need and meeting all of the eligibility requirements outlined herein may request to receive donated earned paid leave credits (other than sick leave or compensatory time) from City staff. The employee must complete the Employee Request for Catastrophic Leave form and submit it to Human Resources to be considered a recipient of catastrophic leave. Human Resources will determine if the applicant is eligible to participate and will complete the Employer Approval of Catastrophic Leave form within five (5) business days. If eligible, the employee or designee will solicit donations from eligible staff by whatever method deemed appropriate ensuring that care is taken to protect the confidentiality and the medical status of the recipient and their family. Any City staff who earns sick leave is eligible to donate leave credits (vacation, vacation carryover, personal holiday, accrued legal/floating holiday) in one-hour increments. Staff wishing to donate leave must complete and submit the Catastrophic Leave Donor Authorization form to the appropriate payroll specialist. There is no limit to the frequency of donations or the number of leave hours donated. Leave may be taken in non-continuous increments that are no shorter than one hour and will be used on a first-in, first-used basis. Application and donations are valid through the duration of the approved leave. The payroll specialist will return unused donation forms to donor upon conclusions of the approved leave. If there is a need for catastrophic leave at a later date, the employee must reapply, be reviewed, and new leave donations collected. Jury Duty/Court Appearance Regular full-time and regular part-time employees shall be granted leaves of absence for required jury duty. Such employees shall receive that portion of their compensation that will, with their jury pay, equal their total compensation for the same period. The time spent on jury duty shall not be counted as time worked in computing overtime. Employees excused or released from jury duty during their regular working hours shall report to their regular work duties as soon as possible or will take accrued vacation or compensatory time to make up the difference. 81 Employees shall notify their Supervisor as soon as possible after receiving notice of report for jur y 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 each day so the City will be able to determine the amount of compensation due for the period involved. 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 recei ve compensation for the jury duty time. 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. Elections and Time Off for Voting An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off without pay for purposes of serving as an election judge, p rovided that the employee gives the city at least twenty (20) days written notice. All employees eligible to vote as 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 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. School Conference and Activities Leave A full-time or part-time employee who has worked at least twenty (20) hours per week may take up to sixteen (16) hours unpaid leave during any twelve (12) month period to attend school-related activities for the employee’s child which cannot be scheduled during non-work hours. The employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt City operations. The employee may elect to use accrued vacation time for this leave. Leave of Absence without Pay All requests for leave without pay must be submitted in writing to Human Resources. Upon consideration of the written request by an employee stating the length of time and reason for the request for leave, an unpaid leave of absence not to exceed ninety (90) calendar days may be granted at the discretion of the City Administrator based on consideration of the following factors: City’s staffing needs; the employee’s performance record and length of service; the reason(s) for the request; any other relevant information. 82 All vacation, compensatory time, and sick leave (if applicable) must be exhausted before leave without pay is taken. Leave without pay for greater periods (beyond 90 days) may be granted by the City, in rare cases such as disability accommodation. Benefits including vacation, holidays, sick leave or other forms of indirect compensation shall not accrue, nor will employees be paid for these benefits, during a period of unpaid leave of absence. Leaves of absence from a public position covered by Minnesota ’s Public Employee Retirement Association (PERA) may affect PERA earnings. Two factors, service and salary, may be affected by the leave. Employees may purchase missing employee and employer contributions plus interest to restore service or salary lost during an authorized leave. The leave purchase is optional. Employees on approved leave without pay and eligible for Continuation of Benefits may continue to be covered by group health insurance, through COBRA, and will be responsible for paying one hundred (100) percent of the premium costs, including the employer’s contribution. Employees receiving leave without pay in excess of ninety (90) 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. 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. Nursing Mother The City will provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The break time must, if possible, run concurrently with any break time already provided to the employee, per Minnesota statute. The city will provide a room or other location, in close proximity to the work area, other than a bathroom or a toilet stall that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the employee can express milk in private. 83 Employee Benefits (Section 9) The City makes a competitive monthly contribution toward group health, dental and life insurance benefits. Employees are encouraged to look closely at this contribution as part of their overall total compensation package with the city. Medical Insurance Various insurance policies, including group medical insurance, may be available for eligible City employees and their dependents. The eligibility requirements and benefits provided shall be specified in materials provided by the respective insurance carriers. The respective insurance carriers may have different requirements concerning the eligibility of employees and dependents. The requirements of the respective carrier will govern eligibility. In accordance with federal health care reform laws and regulations, while avoiding penalties, the City will offer medical 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 and may be incorporated into respective collective bargaining agreements. For information about coverage and eligibility requirements, employees should refer to the summary plan description or contact Human Resources at 651-430-8800. Pursuant to applicable State or Federal law requirements, employees who separate from employment with the City for any reason other than retirement may be eligible to continue the group insurance program for a period of time. Changes in family status, eligibility for Medicare, or death of a spouse may also warrant continuing coverage. The employee must pay the premiums for this continuation of coverage. Contact the Human Resources Department for additional information. Group Life Insurance The employer will provide a $30,000 term life insurance po licy for each permanent-status employee. Employee Assistance Program The City of Stillwater offers its employees Employee Assistance Program (EAP) services that provide short term assessment and brief counseling for a wide variety of personal and work -related wellness concerns. With this service, the City’s employees and their family members have an array of EAP options including:  Counseling  24-hour telephone crisis intervention  Chemical dependency case management and relapse prevention  Financial counseling  Legal consultation and referral  In-person, webinar and website access to on-line videos  Quarterly newsletter 84 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 to PERA begin immediately. The city and the employee contribute to PERA each pay period as determined by state law. Most e mployees are also required to contribute a portion of earnings each pay period for Social Security and Medicare and where applicable, the city matches the employee’s Social Security and Medicare contribution. Appendix 85 Social Media Guidelines for City of Stillwater Sites or Accounts The following MUST be adhered to when posting content: Do not upload, post, transmit or make available content known to be false, misleading or fraudulent. All statement should be true and not misleading. Do not post photos that infringe on trademark, copyright or patent right of others. Non-public and confidential information such as information related to coworkers, personnel data, medical information, claims or lawsuits against the city should not be shared. Do not post content that exhibits hate, bias, discrimination, pornography, libelous or otherwise defamatory content. Only post content that is suitable for readers and viewer of all ages. Do not post content that a reasonable viewer may not consider to maintain the dignity and decorum appropriate for government. Do not post any photo or video without permission of each person in the photo or video. Do not post the name of any individual without permission from that person. Some employees of the City of Stillwater have the opportunity in the performance of their jobs to take pictures or video of incidents such as crime scenes, car accidents etc. This content, no matter if it is obtained with city equipment or personal equipment, will not be allowed to be posted in any social media or online community situation. For example, a fire fighter that takes pictures of a burning home on his personal cell phone will NOT be allowed to post that content to ANY social media site. If you are allowed to obtain that content because you are an employee of the City of Stillwater then you are not allowed to use it without permission from the City of Stillwater. Content of this type is very sensitive and could cause the city to face legal issues if used. This applies mostly to public safety employee, but is applicable to all employees of the City of Stillwater. Post meaningful and respectful comments. Do not spam, inflame or make comments that are offensive. Posting may include:  City events  City partner events (i.e., Lumberjack Days, Art Festivals, etc.)  Not-for-profit fundraisers held in the City Posting not allowed:  Sales at retail stores  Garage sales, etc., for individual profit  Events hosted entirely or primarily for a private gain  Political Commentary Always think before posting. Respect proprietary information, content and confidentiality. Give credit to persons when required or appropriate. 86 Be transparent. Be clear about the role for the City of Stillwater so as to identify vested interest in the shared information. Know and follow the City’s rules for conduct, Internet Policy and the Social Media Policy. Be aware that some information is confidential and/or sensitive until deemed available for public release. Employees are expected to maintain this confidentiality. Statements and posts should provide the community with information to improve their knowledge, skills, solve problems, or to better understand City government and community activities. Social media is a conversation; communicate to the community in a professional manner. Be a leader while communicating and do not create incendiary statements to inflame others. Be careful and considerate of other points of view. Posting guidelines:  No more than 1or 2 posts per day on the site  Please keep sites updated  Post events close to the event date and post a reminder close to the event date. SOCIAL MEDIA GUIDELINES FOR SITES OR ACCOUNTS OUTSIDE OF THE CITY OF STILLWATER The City of Stillwater realizes that employees of the City of Stillwater may be responsible for social media or online community content that is not owned by the City of Stillwater or have their own personal social media or online community accounts. The guidelines outlined above are effective for any content that is city- related or obtained as part of your employment with the City of Stillwater. The City of Stillwater Logo may not be used on any social media site or online community that does not belong to the City of Stillwater. PASSWORDS AND PHYSICAL SECURITY OF EQUIPMENT Employees are responsible for maintaining computer passwords and following these guidelines: Passwords must be at least six (6) characters long and contain characters from three of the following five categories: uppercase, lowercase, digits, non-alphanumeric, and Unicode characters. Passwords also cannot contain three or more characters from the user’s account name. The same password shall not be used for City of Stillwater accounts as for other non-City access (e.g. personal e-mail account, banking account, etc.). Passwords should not be shared with anyone. If it is necessary to access an employee’s computer when he or she is absent, then contact the City’s Information Systems Department. Passwords should not be inserted into e-mail messages or other forms of electronic communication. Passwords should not be stored in any location on or near the computer. If necessary, store passwords in a document or hard copy file that is locked. Do not store a password electronically (in a palm pilot or cell phone system). 87 The computer system will prompt employees to update passwords every six months. Employees must change passwords when prompted. The "Remember Password" feature of applications shall not be used. The format of a password (e.g., "my family name") shall not be revealed. GUIDELINES FOR PASSWORD CREATION Strong passwords have the following characteristics: Contain both upper and lower case characters (e.g., a-z, A-Z) Have digits and punctuation characters as well as letters e.g., 0-9, !@#$%^&*()_+|~-=\`{}[]:";'<>?,./) Are not words in any language, slang, dialect, jargon, etc. Are not based on personal information, names of family, etc. All computers, laptops, and workstations must be secured with a password protected screensaver with the automatic activation feature set at 15 minutes or less. Do not leave city computer equipment in an unlocked vehicle or unattended at any off-site facility (airport, restaurant, etc.). 88 Telecommuting Agreement Form 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us Telecommuting Agreement Employee Name (Print): Signature: Title: Date: Supervisor (Employer) Department (Print): Signature: Title: Date: Appropriate Departmental Administrator (Employer) Name (Print): Signature: Title: Date: Human Resources Representative Name (Print): Signature: Title: 89 Date: City Property Provided to Employee by Department Telecommuter/Employee (Print): Home Phone: Home Address: Below is a list of Employer property provided to Employee as part of the Telecommuting Agreement. As set forth in the accompanying Agreement, the Employee is required to return City property to the Employer upon the termination of the Telecommuting Agreement. Item Dated Provided Initials 1. Computer hardware: Describe: 2. Computer software: Describe: 3. Office supplies: Describe: 4. Other: Property Provided by Employee Below is a list of Employee property provided for the Telecommuting Agreement. Item Dated Provided Initials 1. Modem/Internet connection: 2. Phone line (Home): 3. Voice Mail/Answering machine: 4. Other: 90 Telecommuting Work Area Safety Certification Telecommuter/Employee (Print): Home Phone: Home Address: By entering into this Telecommuting Agreement, the Employee certifies that the home work area is as described below and is safe: Work Station Set-Up:  Yes  No The work area is located in the area of this home:  Yes  No The work area is separate from major family activity areas.  Yes  No The work area is clear of major traffic patterns during work hours.  Yes  No The work area is void of background/distracting noise during work hours.  Yes  No The work area and property are secured.  Yes  No The work area and equipment are ergonomically appropriate. Safety:  Yes  No There are safe exit paths from the work area.  Yes  No There is an established evacuation plan.  Yes  No There is a functional smoke detector present.  Yes  No There is a fire extinguisher accessible from the work area.  Yes  No There are adequate first aid supplies available near the work area.  Yes  No The extension/power cords in the work area are in safe condition and do not pose a tripping problem.  Yes  No The electrical outlets in the work area are not overloaded.  Yes  No The air quality and ventilation in the work area is adequate.  Yes  No The work area is reasonably uncluttered so that it does not pose any hazard. 91 Property Insurance  Yes  No I have homeowners or renters insurance to include liability coverage. Employee’s Name (Print): Employee’s Signature: Date: Employer’s Authorization: Name (Print): Signature: Name of Department: Job Title: Date: 92 Employee’s Telecommuting Work Schedule Telecommuter/Employee (Print): Home Phone: Home Address: Home Office Site 1. Employee has designated the following location in his/her home as the home work area: 2. Employee has read and agreed to abide by equipment and home office safety guidelines pursuant to paragraph B, Safety, above. Work Schedule Employee has volunteered to begin a telecommuting arrangement whereby Employee would work from Employee’s home as show below. Scheduling changes may be made at the discretion of the Employer or by mutual agreement. Employee will work the following schedule from the home office location: Monday to Tuesday to Wednesday to Thursday to Friday to As specified in the Agreement, the Employee will notify Employer/supervisor on a scheduled telecommuting day if unable to perform telecommuting duties. The Employee may work at home when employees working at the office have been dismissed or excused from reporting due to any emergency or inclement weather. 93 Supervisor’s Checklist for Telecommuters Name of Telecommuter/Employee: Name of Supervisor/Employer: Department/Unit: Date Completed: Place a check mark in the box before each sentence to show that the described action was taken.  Employee has read orientation documents and the telecommuting policy.  Employee has been provided with a schedule of core hours or guidelines for flexing work hours.  Performance expectations have been discussed and are clearly understood. Assignments and due dates are documented.  Requirements for adequate and safe office space at home have been reviewed with the employee, and the employee certifies that those requirements have been met.  Equipment issued (if any) is documented.  Requirements for care of equipment assigned to the Employee (if any) have been discussed and are clearly understood.  The Employee is familiar with the City’s requirements and techniques for computer information security.  Contact procedures and expectations have been clearly defined.  The Employee and Supervisor have read and signed the Telecommuting Agreement prior to actual participation in the program. 94 Receipt and Acknowledgement of Employment Policy Manual I have received the City of Stillwater’s Employment Policy Manual. I understand that this signed receipt and acknowledgement page will be kept in my personnel file. Signature Print Name Date DATE: June 18, 2019 TO: Mayor & Councilmembers RE: Permit to keep chickens APPLICANT: Patricia Straus LOCATION: 2509 Hidden Valley Lane ZONING: RA – Single Family Residential PREPARED BY: Graham Tait, City Zoning Administrator BACKGROUND The city received a complaint regarding unpermitted chickens being kept at 2509 Hidden Valley Lane. Through code enforcement Patricia Straus, the property owner, was told that she would either have to apply for a chicken keeping permit or remove the chickens from the property. She chose to submit the permit application. REQUEST Mrs. Straus is requesting the City Council to approve a permit to keep chickens on her property at 2509 Hidden Valley Court. Notice of the permit application was sent to properties within 150 feet as required by Section 31- 514. Subd. 6. (1) viii of the City Code. City staff received written objections from two properties (see attached). Section 31-514. Subd. 6. (1) viii. (a) requires the permit application to be considered by the city council if any objections are received. Page 2 DISCUSSION Objections to the permit application were received from the adjacent property owner to the west at 2517 Hidden Valley Lane, as well as a property owner across the street to the northwest of the subject property at 2530 Hidden Valley Lane. They request that the permit be denied by the City for the following reasons: - Excessive noise. - Mrs. Straus’ chickens in the past have managed to escape the backyard. - Chickens attract vermin and predators. - A twenty foot distance from the coop to the neighboring house is not adequate. - Chickens’ smell is overwhelming. - Having chickens in the neighboring property will lower property values. Staff finds that the application submitted by Mrs. Strauss meets all of the requirements of the City Code Section 31-514. Subd. 6. Keeping of chickens. In addition, this property is located in the RA (single family residential) zoning district. The council has, in the past, debated the appropriateness of chickens in residential areas and it was determined that chickens may be kept in RA and RB zoning districts provided that a permit is obtained. The ordinance that was developed lays out requirements which minimize the impact chickens may have on neighboring properties. RECOMMENDATION Staff recommends approval of the permit to keep chickens for Patricia Straus at 2509 Hidden Valley Lane, subject to the following conditions: Subject Property Objection Received Objection Received Page 3 1. Permittee agrees to abide by all provisions of Section 31-514. Subd. 6. 2. The permit expires on December, 31 2020. When the permit expires a new permit will have to be applied for, provided chickens are still being kept. Permits are non- transferable and do not run with the land. 3. This permit allows for no more than 5 chickens and no roosters are allowed. 4. The coop must follow all zoning regulations stated in City Code Section 31-305. RA one- family district. 5. The city may refuse to grant or may revoke a permit if the chickens become a nuisance, as evidenced by a second substantiated violation (within 12 months of a first substantiated violation) of 31-514. Subd. 6 or Chapter 38, Nuisances, of the City Code. Attachments: Application for the permit to keep chickens Applicant narrative Plans for the coop (4 pages) Site sketch (2 pages) Objections (4 pages) illwater cs:: ~ :ri;nning Department ) CHICKEN KEEPING PERMIT Please read and initial each of the following: 216 4ih Street North Stillwater MN 55082 651-430-8800 www .c i.st il lwater.mn.us Permit No. (y:,/ 2.o1.Q-OZ Date Filed :~ Base Fee: $50.00 \/-#51~7- <lt_1 understand that the City will s end notices ofmy permit application to all ne ighbors within 150 feet of my property lines. If no written objections are received by the City within IO days of mailing, the permit may be issued by the Planning Department. If any written objections are received within that time period, the City Council must review the permit application for approval. ~I have read , and I understand the material contained within the publication entitled "Recommendations for Municipal Regulation of Urban Chickens." {f}j__T have read, and I understand the conditions under which I may keep chickens, Sec 31-514 Subd.6 in the City code. I agree to abide by these conditions. Applications must include : ./ Completed Chicken Keeping Permit form v"§ca le d sketch/map of the location of the chicken coop and pen in relation to your home, lot lines, fen cing and any a dj ace nt houses. Please include dimensions. _ V l m a ge s of the proposed coop/pe n, proving that the structure has a roof and four walls as required by code . ·\YPlan for temperature control for both winter and summer Climates. Please rov ide the foUowi11 information and si natures Printed name of Applicant Applicants Address ~5o9 J-l;ddi V oJLe_\ La Address where chickens are to be kt!pi Applica li on ub mitt al d tc d5D9 /~id Applicant's phone NA FOR OFFICE USE: I Notices mailed on : __ S]_.._~_0-+-~\C\_..,.__ ________ _ Number of chickens allowed wih this perm i ? _,._...,¢'--------- Permit Appro ved ~ By:___.!~c....,.a;=~--- Permit valid until: /2 --~=-----J--__;__,_, _ ___:,c__ ____ _ Objections received: @ cc 1-Joi(CQ.5 ~ S-(z..q lq ~{('\~ Co(!<e) ~ Perm it fee p a id: ~ No N o +~\~;:-_<..v_ f(rc__pevo.+u ~ CUY\1 ~ __ --f0v: -::: ,,J-\-_cv C i~te.. ,;:-C -~vo f c_\-\ ~ (g_b_ Y\H k J 0 r~ ~GLd $ (I ~Wl ~ 0 VJ/Q, \ b ____ ,Q <S, )~ ~ a~ C:..h1c, ~oa_ . __ L e . p<sweY-- ___ -QvD'a\_°Jo..r_0,,~g,_ o L\.r w·..... _ _ -~~-G , (g_t) YQ__ J u oJ;() -_ iN~ Wi~ wiY'J T6R- _ _t\ 1y. ------- -_ -~\--OJV\ ~~ llv ±N.y i Kt_ -I ~ru VJ--n1.d- ___ o. G\ ftrQ~_c lCl ~~o 1n Q COQf0V _p§Y0 h.., _ _ .:::-:. 'S.1Jml'.'{lg~t11 cd-j-m ~1_af i,lie.. c~ ho -. -~.\h1t3 (o0£-~s:tnT DC>L GY1'°'--.ny ~ud,ni-d W °' ¥~±_o o _--\-\iom_~~1 <c-5 ; _ O'V_i_V C ~ CV ~ ~ o 1 CA\ u c\!\.Q d.-~1-o rLCt\ ·f\v--\-h<2 v.0 to ~ ha ~e +\ OY'(\ d lre ~ ~ u n' Fan J f fZ.X1Y~11l e./1ra+, ;r - J - t -1 L5() t n b/1'\ ----~~- --~ --_,__,_ --__ 0oop LL~Jf\(J\Sl~n5--.. . _ 4 ttd\in ·hes ol( 4s ·,des -sov~ore, Hou ~ -4 J}_i111ch qs if~ Cg)<Q() <k_w\,2J\Stms._ --~- -~ \*t\t(='.__ J) I l_s i_cl-e;,S 50\~d~ ~,·dts _ __c__N ~ g Jegv~ fVif)f -~ -------- ~ l:\f l~h\ - 5-·lu~I - ~----- \ ~o \ V\ _ro f+-Lsf-t - 4of4 I I ' 1 ------ -l4oMf.. - --\- -,&.....-__ N~C) ...l..J.' ...L· ~-----f_R._:_;(') /\Ti:._.!...--=f:~L:.!=.-E ~-..ll.,I.Wl,.,.___---=----1-+ ~£ O.j I~~ d-~~C\ V-(JyJ,_LAOG -- ___ ..._ ___ "G+·,lkuote r mtJ S5o8 ~ · __ -,. -&5/-J1i·· '60lla_ - bY o.VV 1n5 s / oF4 ,. ~ = --c er- -v \ a.. I , r - 1--~-~I i) ~I .c ~ (;> cl.:- 0 0 .o ..._ v') -t a:. ,- ~.Joa p_ ? 'JI/I.A JS +-iltl'IO "?' ,')~ 1~ (:---~ \.. !.. >? ~~o --1----------V).:, . ,_ ~ *··---(: 1 ~ -i ,+ '-1~1~-~ j~o_oJ-1 f ~~ _ ......... ~,,~~:---'-~-r ~ o,-,-,- . J >-' -IE.-,---. - Di s ., +o oJh n e10i hBo r-~ Graham Tait From: Sent: To: jmcdij@gmail.com Monday, June 03, 2019 4:44 PM Graham Tait Subject: Re: 2509 Hidden Valley Lane chicken permit opposition For your information, the resident of 2509 was walking around the neighborhood confronting and insulting neighbors and threatening complaints about our properties today secondary to the opposition letters in regards to her chickens. Dear Mr. and Mrs. McDonough, Just wanted to email you back and let you know I received your letter. Thanks, Graham Tait City Zoning Administrator City of Stillwater 651-430-8818 gtait@ci.sti llwater.mn.us From: jmcdij@gmail.com [mailto:jmcdij@gmai l.com ] Sent: Monday, May 20, 2019 3:25 PM To: Graham Tait <gtait@ci.stillwater.mn.us> Subject: 2509 Hidden Valley Lane chicken permit opposition James and Amy McDonough, 2530 Hidden Valley Lane, formally object to the issuance of a permit to keep chickens as requested by 2509 Hidden Valley Lane. The resident has been keeping chickens there without a permit for 2+ months. The keeping of chickens has been disruptive to the neighborhood with excessive noise early every morning and periodically throughout the day. The chickens have escaped the backyard on numerous occasions. The resident has already demonstrated irresponsibility and disregard for the respect of her neighbors and the city administration pertaining to the keeping of chickens. Respectfully James and Amy McDonough <imageOO 1. png> 1 5/14/2019 We object to our neighbor at 2509 Hidden Valley Lane having chickens for the following reasons: 1. Chickens, or more specifically, chicken feed, attract vermin, rats and mice. In addition to the obvious reasons a person would not want vermin around their property, this also will attract snakes and carry disease. 2. Chickens attract predators, such as fox, raccoons, opossums, skunks, coyotes, hawks, and again, snakes. We highly doubt anyone with small pets in the neighborhood will appreciate this. As a matter of fact, We just watched a segment on the news last evening about urban coyotes becoming a problem in the Twin Cities, and that pet owners should watch their small pets carefully. 3. Chickens, by nature, create a lot of dust by scratching and pecking. Proper care of chickens actually requires a "dust bath" for them to coat themselves in. This coats the walls of all surfaces (including our home) in the area with a fine dust that is not good for human lungs, and requires frequent scrubbing. Additionally, this will be highly problematic to anyone in the area with allergies, asthma, or respiratory problems . One of the articles I read advised against owning chickens if you suffer from any of these ailments. It's a real problem. 4. Chickens are very prone to getting parasites, lice, e-coli, intestinal worms, salmonella, and mites that can infect their keepers. It is actually quite common. Often contracted from wild birds that fly into the yard or pecking in the dirt. We do not want that transferred to us, any of our pets, or especially to any visitors to our home. 5. Her crude drawing includes the measurement of "more than 20 feet" as the distance from her coop, to our house. In actuality, the distance is just about, if even, 20 feet from our home. It is definitely not MORE than 20 feet. We would like to add that this also happens to face our bedroom window. Consider for a moment how you might like a chicken coop, 20 feet outside your bedroom window. Conveniently, her chicken coop is closer to our windows than to any of hers. 6. The smell of chickens and a coop can quickly become overwhelming. The urine and feces are high in ammonia, and have a very foul smell. As most people know who have ever even been to a farm, chicken feces are spread throughout. Again, we read "Chicken droppings will attract flies and repel your friends. It can make your backyard an unpleasant spot to spend any time in, and is also quite unhealthy". This leads me to believe that our backyard would also be an "unpleasant spot to spend any time in". It would be almost impossible to clean up the chicken feces, as they roam around the yard, dropping feces at a near constant rate. In some of our internet research we have read "The coop will need to be cleaned almost daily to prevent the smell from becoming offensive". It's difficult for me to imagine this happening with only one retired person living at that residence. And as a reminder, this is about 20 feet from our bedroom window. 7. On more than one occasion, we have found one of her chickens in our yard, sometimes roaming around for several hours. When informed that her chicken had escaped into our yard again, she responded with "It's ok, they eat bugs, they are good for yards!" In actually, chickens eat greens, all greens. They destroy yards and gardens. As my grandmother told me, who lived on a farm "A chicken will make a small bare spot, into a large bare spot. Chickens and nice yards or gardens do not go together". 8. Everyone understands that roosters can be noisy, and we understand that roosters are not permitted in the city limits, and our neighbor does not have one. However, not everyone realizes that hens can also be extremely noisy. In our research we read "Hens can be noisy as well, and some overdo it with an egg song that never seems to stop". We have already found this to be true. With a constant clucking and bawking noise, often early in the morning. As I am an emergency department RN, who works overnights, I cannot describe how annoying this has been. And again, remember this is right outside our bedroom window. We are frustrated that she has acquired the chickens before applying for any of the proper permits. She actually told me that she acquired the chickens last fall, and kept them in her house over the winter. We have been hearing these annoying barnyard noises, early in the morning, for weeks. As a matter of fact, she has yet to follow any of the requirements to harbor chickens in her yard so far, so it makes us wonder what makes anyone think she will do so in the future. Also, we believe Stillwater has something called an "Animal nuisance law" regarding loud and disrupting animals, this law is being broken daily by the noise, and let me assure you, these chickens have been nothing but a nuisance to us. 9. Finally, to speculate, should she be allowed to keep the barnyard animals, we have no idea what it would do to our property value. It does not seem like it would be a positive thing, should we decide to sell our home, which we have sadly recently discussed because of this unwanted and unfair situation. Thank you for your consideration, Mike and Leah Kimmel 2517 Hidden Valley Lane Stillwater, MN 55082 4/1/2019 To the City of Stillwater, regarding our neighbors recent decision to acquire chickens . We are opposed to our neighbor, at 2509 Hidden Valley Lane, having chickens for the following reasons: 1. We live in Croixwood, not a rural area. Not a hobby farm. When we moved here, 11 years ago, we did not expect to live next to farm animals. 2. The proximity of their cage/chicken house is less than 15 feet from our windows on the east side of our home. We do not want to smell chicken feces when we have our windows open. We do not appreciate the noise, or chickens deciding when we should wake up. 3. I woke up today to find a chicken in my backyard, defecating all over my property. Thankfully we do not have a dog, or it would have been worse . It is still in my yard after several hours. 4. I am appalled at the thought of someone having the gall to want to keep farm animals in their yard, and apparently mine, against my wishes. 5. Per the City of Stillwater website, notice to all neighbors within 150ft needs to be given before a permit is issued. We received no notice . 6. According to the city permit, she is required to have a 6 foot fence, which she does not. If she has applied for, or obtained, a permit, we would like it revoked or denied. ·. PLANNING REPORT TO: Mayor & City Council CASE NO.: 2019-33 REPORT DATE: June 12, 2019 MEETING DATE: June 18, 2019 APPLICANT: Brian Brosdahl REQUEST: Amend City Code to allow five more Type C Short Term Home Rental licenses in the CBD Zoning District, and five more in Residential Zoning Districts REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION Fifteen Type C1 vacation rental licenses are currently allowed by City Code to be issued in the City. All fifteen have been issued. However, Brian Brosdahl (applicant for this case) would like to convert a Type B2 license for his property at Second and Pine Street to a Type C. Since no Type C licenses are available, he has submitted a request to amend the City Code by increasing the number of Type C licenses that can be issued. SPECIFIC REQUEST The specific request is to amend City Code Sec. 41-8, Subdivision 11 (3) to read as follows: (3) Type C. No more than twenty-five (25) Type C licenses shall be issued at any one time. Of these twenty-five (25) licenses, no more than ten (10) shall be issued for the CBD Zoning District and no more than fifteen (15) shall be issued for Residential Zoning Districts. ANALYSIS The request to increase the number of Type C licenses to 25 has the effect of allowing five more in the CBD Zoning District and five more in the City’s Residential Zoning Districts. This is summarized in the table on the next page. 1 Type C vacation rental properties are those that do not serve as the residence of the land owner. Essentially they are properties used exclusively for short term vacation rentals. 2 Type B vacation rental properties are those that serve as the primary residence of the land owner, but also is rented occasionally to short term guests. Case no. 2019-33 Page 2 CBD District Residential Districts Issued Available Issued Available Total Current licenses 5 0 10 0 15 Requested amendment 5 5 10 5 25 Subdivision 11 of Section 41-8, with legislative notation, would look as follows if the requested ordinance amendment were approved. Subd. 11. Limit on number of licenses. (1) Type A. No more than thirty-five (35) Type A licenses shall be issued at any one time. (2) Type B. No more than thirty-five (35) Type B licenses shall be issued at any one time. (3) Type C. No more than fifteen (15) twenty-five (25) Type C licenses shall be issued at any one time. Of these twenty-five (25) licenses, no more than ten (10) shall be issued for the CBD Zoning District and no more than fifteen (15) shall be issued for Residential Zoning Districts. The primary reason for establishing limits on the number of vacation rental licenses was to prevent a concentration of vacation rental properties in residential neighborhoods. This was especially applicable to Type C short term rentals, since the potential impact on neighbors is greater when a property is used exclusively as a vacation rental, rather than as a the primary residence of the landowner as is the case of Type A and B licenses. With only two exceptions, the licenses (of all types) that have been issued are for properties either in the historic neighborhoods or Downtown. This can be seen in Exhibit A. And the licenses are fairly evenly distributed. Type C licenses follow this same pattern, as can be seen in Exhibit B. So fortunately, the concern that vacation rentals could become concentrated to the detriment of existing neighborhoods did not materialize. And, the request to allow five more in residential neighborhoods and five more Downtown would not seem to result in detrimental concentrations. Comments  How did the City decide upon 15 as the limit for Type C licenses? The process was somewhat random. But the limit was intentionally kept rather low with the understanding that the number could be raised if needed and appropriate.  Lodging is allowed Downtown, and given the mix of uses permitted in the CBD Zoning District, the impact of vacation rentals on surrounding properties is not of the same potential magnitude as in residential zoning districts.  Of the 28 vacation rental licenses issued3 to date, only one property has received complaints in the two years that the program has been in existence. 3 Downtown there are two vacation rental properties that are in operation without licenses. They were both issued Conditional Use Permits for short term lodging prior to implementing the current licensing program. So, currently there are a total of 30 vacation rental properties in Stillwater. Case no. 2019-33 Page 3 POSSIBLE ACTIONS The City Council has the following options: A. Approve the first reading of the ordinance amendment. B. Deny the requested ordinance amendment. C. Table the request for additional information. RECOMMENDATION Staff finds the request to increase the number of Type C licenses by five Downtown and by five in residential neighborhoods to be reasonable and timely. We therefore recommend approval of the request. Attachments: Exhibit A – All Short Term Home Rentals Exhibit B – Type C Citywide Exhibit C – Type C in CBD Exhibit D – All types in CBD cc: Brian Brosdahl All Short Term Home Rentals Ju ne 12, 2019 0 0.55 1.10.275 mi 0 0.85 1.70.425 km 1:3 2,0 00 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Type C's Citywide Ju ne 12, 2019 0 0.55 1.10.275 mi 0 0.85 1.70.425 km 1:3 2,0 00 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Type C's CBD Ju ne 12, 2019 0 375 750187.5 ft 0 110 22055 m 1:4,000 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Type C's CBD Ju ne 12, 2019 0 375 750187.5 ft 0 110 22055 m 1:4,000 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. PLANNING REPORT TO: Mayor and Council Members REPORT DATE: June 13, 2019 MEETING DATE: June 18, 2019 APPLICANT: Doug Kotulski LANDOWNER: Maple Island Brewery REQUEST: Event permit LOCATION: 225 N. Main St REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION Doug Kotulski of HOOAH, Inc has made application for permission to sponsor an event known as Bands for the Brave at Maple Island Brewery on September 7, 2019. The owner of the brewery has given consent for the event to occur in the private parking lot. Proceeds from the event go to HOOAH (Helping Out Our American Heroes), who uses the money to help prevent suicide amongst military veterans. Since the event will be held entirely on private property, a special event permit is not necessary. But, Council permission is still required to hold the outdoor event. Outdoor entertainment on private property downtown is normally allowed by Special Use Permit. Though, the City Council can approve a “one time … event not occurring on a regular basis” without going through the entire Special Use Permit process1. And, by policy since 2015 the City Council has set a limit of two “one time” outdoor events per calendar year on a property before a Special Use Permit is required. This would be the second approved event in the brewery parking lot. The Council already approved a July 4th event for the property. SPECIFIC REQUEST Approval of a permit for the Bands of the Brave event to be held on Maple Island Brewery property on September 7, 2019. 1 City Code Sec 31-325, footnote 8. Page 2 POSSIBLE ACTIONS The City Council has the following options: A. Approve the requested event permit with or without conditions. B. Deny the requested event permit. C. Table the permit request for additional information. RECOMMENDATION Staff recommends approval of this outside event for the Maple Island parking lot. Attachments: Site Plan Application materials cc: Douglas Kotulski Page 3 Site Plan THE tlllfHPlACE OF MINNf.SOtA EVENTS PERMIT APPLICATION 216 North 4th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline ond fees. Office Use Only Date Application Received -~---- Date of Application: _6_11_0_12_0_1_9 ________ _ Type: Event Special Event Event w/ Contract . Event Information . . ,, Title/Name of Event Bands for the Brave VI Event Date/Time: Set up: Date September 6, 2019 Time Noon to 5pm Actual Event: Date September 7, 2019 Time Noon to 8pm Clean up: Date September 8, 2019 Time 8am to Noon . (Events after 10:00 p.m. require a variance from City Council Location (Address) of Event: 225 N. Main Street (If In Lowell Park please specify north or south Lowell park) Description of Event (please be speciflc-this Information will be used to promote the event on the City of Stillwater website) Bands for the Brave is a family friendly event which raises money for HOOAH (Helping Out Our American Heroes). This money helps prevent Veteran Suicide through HOOAH's Victory for 22 program. The bands all play for free and there is no cover charge to attend the event. On the day of the event we raise money through food sales, silent auction, and a few other ways. Bands for the Brave 2018 raised $45,000 last year. ($20k more than 2017) The layout will include a larger tent this year. That is really the only change H 1A1.o -::iro m-::ilrinn frr.m 1-::ict uo-::ir \{\/o oro rlr,inn r,11r hoct tr. 1A10.:ithornrr,r,f tho ouont Estimated Attendance (participants and spectators): 1000 throughout the day Applicant Information {Person/Group Responsible) .· Sponsoring Organization Name: Canteen One (use to be called Best Vendors) and HOOAH Mailing Address: 4150 Olson Memorial Highway City, State, Zip Code: Golden Valley, MN 55422 Primary Contact/Applicant Name: Douglas Kotulski Phone Number: 920-319-0000 Fax: Cell Phone: 920-319-0000 Email Address: dkotulski@hooahinc.org Website Address: www.hooahinc.org Name of contact person during event: Douglas Kotulski Cell Phone: 920-319-0000 Alternate contact during event: Chris Lilly Cell Phone: 612-840-4809 Refer media or citizens inquires to: Douglas Kotulski Phone: 9200-319-0000 . Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features . .· Will any signs/banners be put up No D Yes [8] Number and size: 5 signs approx 4'x6' each Will there be any inflatables? No ~ Yes D Insurance certificate from rental vendor is required Will there be entertainment? No D Yes [8] What type: Music/ Live Bands Fees for e/ectrlclty may apply see Instructions Will sound amplification be used? No D Yes [8] Hours and Type: We hire a professional music company Will a stage or tent(s) be set up? No D Yes [8] Dimensions: 1 -60' x 60' Tent, 3 -10' x 10', and 2 12' x 12'. Sta!'}e is 14' x 20'. D Will there be temporary fencing? No D Yes 18] Will merchandise/food items be sold? No D Yes 18] How many 1 Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? No D Yes [8] Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No D Yes 18] Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No 18] Yes D See Alcohol Regulations in the Instructions Will alcohol be sold? No D Yes [8] See Alcohol Regulations in the Instructions Will there be a fireworks display? No [8] Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. No power requirements. All power will come from Maple Island Brewing. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available We will be reaching out to our contacts in Radio and Televisioni to get the word out. We use social media pretty heavily as well. Any help from any sources is welcome. City Services (After reviewing the event applicatlon, City services may be requrled for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No [8] Yes D Start/End Time: Date: City Sidewalks or Trails No [8] Yes D Start/End Time: Date: Public Parking Lots or Spaces No [8] Yes D Start/End Time: Date: Will event need barricade(s)? No 18] Yes D Number needed: Fees may apply see Instructions Will extra picnic tables be needed? No 18] Yes D Number needed: Fees may apply see Instructions Will portable restrooms be needed? No IZl Yes D Number needed: Fees may apply We have rented from AirFrij see Instructions Will extra trash receptacles be needed? No ~ Yes D Number needed: . Fees may apply We have extra bins already. 1 , 1 see ns ruct ans Describe trash removal and cleanup plan during and after event: Trash will be emptied regularly during the event and placed in receptacles on Maple Island Premises. Cleanup of the grounds will happen throughout the day and will be picked up again at the conclusion of the event. Will event need traffic control? No ~ Yes D Contact Stillwater Pol/ce Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: ID's will be checked at all entry points. Wristbands will be placed on anyone who is 21+. Will "No Parking Signs" be needed? No !XI Yes D Number needed: Fees may apply see Instructions Show /ocation(s) on site map Will event need security? No D Yes IZl If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: We have arranged to work with the Stillwater Police department again this year. Will event need EMS services? No !XI Yes D Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: A first aid kit is available inside Maple Island Taproom. Stillwater Police officers will be on-sire for emergency protocol Describe the emergency action plan if severe weather should arise: Everyone will move inside Maple Island Brewery List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, oil expenses and other liability that may result from this activity. Depending on the size of and scope of the event o "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provic)f;,fl in this app}ation. · rea ~~-my submittal of this application request constz·tut s a City of Stillwater jfJ~ is a re/ea 't! of Li l}t~ . ~-'--'-----~__,,_~~~ Signature of Applic;P r Authoriz~d Agent Date %RDUGRI&RPPLVVLRQHUV )UDQ0LURQ'LVWULFW 6WDQ.DUZRVNL&KDLU'LVWULFW *DU\.ULHVHO'LVWULFW :D\QH$-RKQVRQ'LVWULFW /LVD:HLN'LVWULFW%2$5'$*(1'$ 127(&+$1*(,17,0(  -XQH30 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER  %RDUG:RUNVKRS$GPLQLVWUDWLRQ0DUJDUHW9HVHO*RYHUQPHQW5HODWLRQV'LUHFWRU/DUNLQ+RIIPDQ $/HJLVODWLYH6HVVLRQ2YHUYLHZZLWK/DUNLQ+RIIPDQ  5ROO&DOO 3OHGJHRI$OOHJLDQFH  &RPPHQWVIURPWKH3XEOLF Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities.  &RQVHQW&DOHQGDU5ROO&DOO9RWH Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action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ssistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call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his period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. %RDUG&RUUHVSRQGHQFH  $GMRXUQ  3XEOLF+HDOWKDQG(QYLURQPHQW-LOO7LPP6HQLRU3URJUDP0DQDJHU &RXQW\%RDUG&RQYHQHVDVWKH%RDUGRI$SSHDODQG(TXDOL]DWLRQ %2$5'$*(1'$ %RDUGRI&RPPLVVLRQHUV )UDQ0LURQ'LVWULFW 6WDQ.DUZRVNL&KDLU'LVWULFW *DU\.ULHVHO'LVWULFW :D\QH$-RKQVRQ'LVWULFW /LVD:HLN'LVWULFW -XQH$0 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER  5ROO&DOO 3OHGJHRI$OOHJLDQFH  &RPPHQWVIURPWKH3XEOLF Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. 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Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action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ssistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER $ $GRSWDUHVROXWLRQWRDFTXLUHWKH5RZH7UXVWSURSHUW\ORFDWHGLQ'HQPDUN7RZQVKLSIRU LQFOXVLRQLQWKH6W&URL[%OXIIV5HJLRQDO3DUNSDUWRI*RYHUQPHQW/RWVDQG6HFWLRQ 7RZQVKLS15DQJH:DQGSDUWRIWKH6:óRI6HFWLRQ7RZQVKLS15DQJH :LQWKH&RXQW\RI:DVKLQJWRQ  *HQHUDO$GPLQLVWUDWLRQ0ROO\2 5RXUNH&RXQW\$GPLQLVWUDWRU $ 'HVLJQDWLRQRIYRWLQJGHOHJDWHDQGDOWHUQDWHIRUWKH1DWLRQDO$VVRFLDWLRQRI&RXQWLHV 1$&R DQQXDOFRQIHUHQFH  &RPPLVVLRQHU5HSRUWV&RPPHQWV4XHVWLRQV This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting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ashington : :County