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02-23-09 CC
CLAIMS LIST CITY COUNCIL MEETING FEBRUARY 23, 2009 TO: Judy Hudson ITEM 5-1 Attached is the Claims List for the City Council. For more details, please refer to the check detail registers. CLAIMS REGISTER PAYROLL 02-11-2009 $ 51,934.18 02-18-2009 $ 94,075.04 02-11-2009 $ 39,222.53 ELECTRONIC PYMTS FOR FEBRUARY: Qwest Centerpoint Energy Dept. of Revenue -Fuel Tax Dept. of Revenue -Sales Tax Elk River Utilities Wright -Hennepin Delta Dental Total GRAND TOTAL $ 209,619.54 $ 96.74 $ 8,792.83 $ 0.00 $ 0.00 $ 2,390.98 $ 11,983.08 $ 1,124.16 $ 24,387.79 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper CITY OF OTSEGO 02/11/0911:26 AM Page 1 *Check Summary Register© FEBRUARY 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 046885 ALLIANCE BENEFIT GROUP 2/11/2009 $620.23 PPE 2/7/09 CH DTD 2/11/09 Paid Chk# 046886 COBORNS INC 2/11/2009 $54.23 DRY CLEANING Paid Chk# 046887 DNR WATERS 2/11/2009 $5,509.85 2008 FEE - PERMIT #2005-3146 Paid Chk# 046888 GOVERNMENT TRAINING SERVI 2/11/2009 $445.00 TAMI LOFF - MCFOA 2009 CONF RE Paid Chk# 046889 ICMA RETIREMENT TRUST 2/11/2009 $648.22 PLAN #304185 Paid Chk# 046890 NORTHDALE CONSTRUCTION C 2/11/2009 $4,700.20 QUANTRELLE/88TH ST IMPR Paid Chk# 046891 OMANN BROTHERS INC. 2/11/2009 $35,681.19 PAVING WEST WWTF & PH #2 Paid Chk# 046892 PUBLIC EMPLOYEES RETIREME 2/11/2009 _ $4,275.26_ #677600 PPE 2/7/09 Total Checks $51,934.18 FILTER: None CITY OF OTSEGO 02/11/09 11:27 AM Page 1 *Check Detail Register© FEBRUARY 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 046885 2!11/2009 ALLIANCE BENEFIT GROUP G 101-21706 Hospitalization/Medical Ins _$620.23 PPE 2/7/09 CH DTD 2/11/09 Total ALLIANCE BENEFIT GROUP $620.23 Paid Chk# 046886 2/11 %2009 � COBORNS INC ��� � � --., �� E 250-42410-225 Uniforms/Clothing Allowance $54.23 M90324536 DRY CLEANING Total COBORNS INC $54.23 Paid Chk# 046887 2/11/2009 DNR WATERS E 601-49400-310 Miscellaneous _$5,509.85 2008 FEE - PERMIT #2005-3146 Total DNR WATERS $5,509.85 Paid Chk#'046888� � 2/11%2009 GOVERNMENTTRAINING SERVICE ��� �� ��� � ��� �� ��� �� E 101-41400-360 Education/Training/Conferences $200.00 TAMI LOFF - MCFOA 2009 CONF REG E 101-41600-360 Education/Training/Conferences $245.00 KATHY GROVER - MCFOA 2009 CONF REG Total GOVERNMENT TRAINING SERVICE $445.00 Paid Chk# 046889 2/11/2009 ICMA RETIREMENT TRUST E 101-41400-121 PERA $212.22 PLAN #304185 G 101-21705 Other Retirement $436.00_ PLAN #304185 Total ICMA RETIREMENT TRUST $648.22 -`aid Chk# 046890g� 2/11%2009F�NORTHDALE CONSTRUCTION CO INC � � � �� � � �� �� ��-��� �� E495-43100-530 Improvements Other Than Bldgs $4,700.20 PAY #7 - FINA QUANTRELLE/88TH ST IMPR otal NORTHDALE CONSTRUCTION CO INC $4,700.20 'Paid Chk# 046891 U5666-0' MANN BROTHERS E 602-49450-500 Capital Outlay (GENERAL) $35,681.19 PAY EST #1 PAVING WEST WWTF & PH #2 Total OMANN BROTHERS INC. $35,681.19 Paid�Chk# 046892 2111%2009{ PUBLIC EMPLOYEES RETIREMENT FD � � ���� ��� �� G 101-21704 PERA E 101-41400-121 PERA E 101-43100-121 PERA E 602-49450-121 PERA E 250-42410-121 PERA E 601-49400-121 PERA E 101-41600-121 PERA �tal PUBLIC EMPLOYEES RETIREMENT FD Fund Summary 101 GENERAL FUND $2,011.89 #677600 PPE 2/7/09 $389.73 #677600 PPE 2/7/09 $865.28 #677600 PPE 2/7/09 $37.98 #677600 PPE 2/7/09 $483.99 #677600 PPE 2/7/09 $37.98 #677600 PPE 2/7/09 $448.41 #677600 PPE 2/7/09 $4,275.26 10100 BANK OF ELK RIVER $51,934.18 250 Comm. Dev. & Bldg Safety 495 2007 Friendship &Quantrelle 601 WATER FUND 602 SEWER FUND 10100 BANK OF ELK RIVER $5,428.76 $538.22 $4,700.20 $5,547.83 $35,719.17 $51,934.18 CITY OF OTSEGO 02/18/09 2:44 PM Page 1 *Check Summary Register© FEBRUARY 2009 1LTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 046893 ADAM'S PEST CONTROL INC 2/18/2009 $84.14 QUARTERLY SERVICE Paid Chk# 046894 AIRGAS, INC. 2/18/2009 $30.99 ACETYLENE/OXYGEN/HAZMAT Paid Chk# 046895 ALLIANCE BENEFIT GROUP 2/18/2009 $2,333.38 BALANCE OF JAN/FEB Paid Chk# 046896 BATTERIES PLUS 2/18/2009 $18.99 CUSTOM BATTERY PACK Paid Chk# 046897 BOYER TRUCKS 2/18/2009 $1,587.45 SPRING ASSM Paid Chk# 046898 BREZE INDUSTRIES 2/18/2009 $100.64 CUTOFF WHEEL Paid Chk# 046899 CARTRIDGE WORLD 2/18/2009 $16.29 INK CARTRIDGE REFILLS Paid Chk# 046900 CHARLIE BROWNS 2/18/2009 $23.16 PROPANE Paid Chk# 046901 CITY OF OTSEGO 2/18/2009 $388.35 5850 RANDOLPH - EAST WWTF Paid Chk# 046902 COURI MACARTHUR LAW OFFIC 2/18/2009 $5,971.00 FRIENDSHIP ADDITION Paid Chk# 046903 CP TELECOM 2/18/2009 $609.52 TELEPHONE Paid Chk# 046904 CROW RIVER FARM EQUIPMEN 2/18/2009 $172.53 REPAIR/MAINT SUPPLIES Paid Chk# 046905 DJ'S TOTAL HOME CENTER 2/18/2009 $49.48 ICE MELT Paid Chk# 046906 ECM PUBLISHERS INC 2/18/2009 $268.00 LEGAL - ORDINANCE Paid Chk# 046907 EGAN OIL 2/18/2009 $996.84 HYDRAULIC 10W BULK OIL Paid Chk# 046908 FASTENAL COMPANY 2/18/2009 $286.19 MISC OPERATING SUPPLIES Paid Chk# 046909 G & K TEXTILE LEASING SYSTE 2/18/2009 $459.48 UNIFORMS & MATS Paid Chk# 046910 GODFATHER'S PIZZA 2/18/2009 $60.45 CC WORKSHOP MEAL Paid Chk# 046911 GOPHER STATE ONE -CALL INC 2/18/2009 $194.40 LOCATE TICKETS/ANNUAL FEE Paid Chk# 046912 HD SUPPLY WATERWORKS, LT 2/18/2009 $160.82 HYDRANT FLANGE KIT Paid Chk# 046913 HEALTH PARTNERS 2/18/2009 $7,124.00 MARCH MEDICAL Qaid Chk# 046914 HELGESON MAILING SERVICE L 2/18/2009 $1,692.58 DEC/JAN NEWSLETTER aid Chk# 046915 KNUTSON RICK 2/18/2009 $20.41 MAIL TO CLEAN SIGNS Paid Chk# 046916 LAWSON PRODUCTS, INC. 2/18/2009 $93.21 OIL SPILL BOGGLE Paid Chk# 046917 LEAGUE OF MN CITIES 2/18/2009 $440.00 STOCKAMP - FEB 2009 CONFERENCE Paid Chk# 046918 MARTIN BENEFIT ADMINISTRAT 2/18/2009 $54.50 FEBRUARY FEE - FLEX Paid Chk# 046919 MENARDS 2/18/2009 $181.57 MISC OPERATING SUPPLIES Paid Chk# 046920 MN DEPARTMENT OF HEALTH - 2/18/2009 $3,435.99 1 ST QTR WATER SUPPLY CONN FEE Paid Chk# 046921 MONTICELLO ANIMAL CONTROL 2/18/2009 $200.00 ANIMAL CONTROL Paid Chk# 046922 NOW CARE MEDICAL CENTERS 2/18/2009 $66.00 LAUNDERVILLE - COLLECTION Paid Chk# 046923 OFFICEMAX 2/18/2009 $210.22 OFFICE SUPPLIES Paid Chk# 046924 PETERBILT NORTH 2/18/2009 $6.73 FUEL FILTERS Paid Chk# 046925 PLAISTED COMPANIES 2/18/2009 $1,434.80 SALT & SAND Paid Chk# 046926 POMP S TIRE SERVICE INC 2/18/2009 $37.00 BACKHOE FLAT REPAIR Paid Chk# 046927 SCHLUENDER CONSTRUCTION 2/18/2009 $650.00 PW SEPTIC PUMPING Paid Chk# 046928 SHERRIE LE HUMAN RESOURC 2/18/2009 $2,025.00 HR REVIEW Paid Chk# 046929 SNAP-ON TOOLS 2/18/2009 $445.39 HEX WRENCH SETS/DIE GRINDER Paid Chk# 046930 TERMINAL SUPPLY CO, INC. 2/18/2009 $382.30 FUST KIT, FAST ACTING GLASS, S Paid Chk# 046931 TERRA GENERAL CONTRACTOR 2/18/2009 $53,847.50 SECURITY/LOC REDUCTION Paid Chk# 046932 UNITED STATES POSTAL SERVI 2/18/2009 $2,000.00 POSTAGE FOR W/S Paid Chk# 046933 VERIZON WIRELESS 2/18/2009 $129.20 LAP TOP SERVICE Paid Chk# 046934 WRIGHT COUNTY HIGHWAY DE 2/18/2009 $5,193.32 TRAFFIC SIGNAL REPAIRS Paid Chk# 046935 XCEL ENERGY 2/18/2009 $593.22 RIVERPOINTE LIGHTS Total Checks $94,075.04 1LTER: None CITY OF OTSEGO 02/18/09 2:45 PM Page 1 *Check Detail Register© FEBRUARY 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 046893 2/18/2009 ADAM'S PEST CONTROL INC E 101-41940-390 Contracted Services $84.14 492520 QUARTERLY SERVICE Total ADAM'S PEST CONTROL INC $84.14 E 101-43100-210 Operating Supplies (GENERAL) _$30.99 105970630 ACETYLENE/OXYGEN/HAZMAT Total AIRGAS, INC. $30.99 E 250-42410-123 Health $500.01 E 101-43100-123 Health $833.35 E 101-41600-123 Health $500.01 E 101-41400-123 Health $500.0_1 _ Total ALLIANCE BENEFIT GROUP $2,333.38 ...,,.6 _.>,.�:, .-0"9,....,.TT, ........x. ,,S-"..__ .._..""' , ._,,._... Paid Chk# 046896 2/18/2009 BATTERIES PLUS E101-43100-402 Repairs/MaintBuildingss ---$18.99 33-120098 E 101-45200-322 Total BATTERIES PLUS $18.99 10400 71 ST - IRRIG E 101-45200-322 Utilities $3.20 15501 83RD - IRRIG E 101-43100-220 Repair/Maint Supply (GENERAL) $644.01 70391 R E101-43100-220 Repair/Maint Supply (GENERAL) $103.44 70466R E101-43100-220 Repair/Maint Supply (GENERAL) $840.00 70486R E 602-49450-322 Total BOYER TRUCKS $1,587.45 7551 LANCASTER -WEST WWTF BALANCE OF JAN/FEB BALANCE OF JAN/FEB BALANCE OF JAN/FEB BALANCE OF JAN/FEB CUSTOM BATTERY PACK SPRING ASSM U -BOLTS, NUTS SPRING ASSM, U -BOLTS, NUTS Paid Chk#-046898 1J18%2009 BREZE INDUSTRIES ��� � � ��� ��������������-- E 101-43100-210 Operating Supplies (GENERAL) $100._64 29521 CUTOFF WHEEL Total BREZE INDUSTRIES $100.64 Paid Chk# 0468992/18/2009 -CARTRIDGE WORLD _ �.... ..- E 250-42410-201 Office Supplies and Expenses $16.29 8756 INK CARTRIDGE REFILLS Total CARTRIDGE WORLD $16.29 Paid Chk# 046900 2/18%2009 CHARLIE BROWNS������ �. ��� E101-43100-210 Operating Supplies (GENERAL) $23.16 21204 PROPANE Total CHARLIE BROWNS $23.16 Paid Chk# 04646T-2/1 8/2009 _ - CITY Of' OTSEGO��---���-���� E 101-45200-322 Utilities $3.20 11313 77TH - IRRIG E 101-45200-322 Utilities $3.20 10400 71 ST - IRRIG E 101-45200-322 Utilities $3.20 15501 83RD - IRRIG E 602-49450-322 Utilities $10.86 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $311.99 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $38.50 5850 RANDOLPH - EAST WWTF E 602-49450-322 Utilities $10.86 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $3.34 7551 LANCASTER -WEST WWTF E 101-45200-322 Utilities $3.20 6480 MASON - IRRIG Total CITY OF OTSEGO $388.35 Paid Chk# 046962 2%18/2009 COURI MACARTHUR LAW OFFICE _ E 485-43100-301 Legal Services $84.00 E 101-41700-301 Legal Services $459.00 E 101-41700-301 Legal Services $588.00 E 101-41700-301 Legal Services $1,624.00 G 701-22465 GREAT RIVER CTR $51.00 G 701-22392 MISSISSIPPI COVE 1 & 2 $187.00 E 101-41700-301 Legal Services $210.00 E.R. COLL - QUEENS ROAD/MNDOT IMPR JAY BROS. STORMWATER FEES GENERAL TERRA -GRC MISSISSIPPI COVE KAEDING AVE POSSESSION CITY OF OTSEGO 02/18/09 2:45 PM Page 2 *Check Detail Register© FEBRUARY 2009 Paid Chk# 046903 " 2/18%2009 CP TELECOM E 101-41400-320 Telephone $152.38 E 250-42410-320 Telephone $304.76 E 101-43100-320 Telephone $152.38 Total CP TELECOM $609.52 Paid Chk# 046904 2/18/2009 CROW RIVER FARM EQUIPMENT E101-43100-220 Repair/Maint Supply (GENERAL) $172.53 134712 Total CROW RIVER FARM EQUIPMENT $172.53 Paid+Chk#ry 046905 2/18/2009 DJ'S TOTAL HOME CENTER E101-43100-210 Check Amt Invoice Comment E 101-41700-301 Legal Services $140.00 SVC CONTRACT - GRANT MONEY E 101-41700-301 Legal Services $42.00 KNISLEY E 101-41700-301 Legal Services $392.00 ZACHMAN G 701-22361 SUN RAY FARMS $51.00 SUNRAY FARMS G 701-21855 FRIENDSHIP ADDITION $51.00 FRIENDSHIP ADDITION G 701-21880 CRONIE'S GAMEROOM BAR & GRIL $51.00 CRONIES E 444-49400-301 Legal Services $1,106.00 WATER TOWER #3 E 414-43100-301 Legal Services $935.00 _ QUANTRELLE W/S - MISSISSIPPI RIVERWOOD Total COURI MACARTHUR LAW OFFICE $5,971.00 MATS Paid Chk# 046903 " 2/18%2009 CP TELECOM E 101-41400-320 Telephone $152.38 E 250-42410-320 Telephone $304.76 E 101-43100-320 Telephone $152.38 Total CP TELECOM $609.52 Paid Chk# 046904 2/18/2009 CROW RIVER FARM EQUIPMENT E101-43100-220 Repair/Maint Supply (GENERAL) $172.53 134712 Total CROW RIVER FARM EQUIPMENT $172.53 Paid+Chk#ry 046905 2/18/2009 DJ'S TOTAL HOME CENTER E101-43100-210 Operating Supplies (GENERAL) $38.32 36416 E 101-43100-240 Small Tools/Equipment $8.51 36627 E 101-43100-210 Operating Supplies (GENERAL) _ $2.65 36768 Total DJ'S TOTAL HOME CENTER $49.48 MATS Paid Chk# 046906 2/18/2009 ECM PUBLISHERS INC $47.19 1043129925 E 101-41400-350 Print/Binding (GENERAL) $268.00 287071 1043135189 Total ECM PUBLISHERS INC $268.00 Contracted Services _$9_5.70 1043135190 MATS Total G & K TEXTILE LEASING SYSTEM E101-43100-210 Operating Supplies (GENERAL) $996.84 24855 Total EGAN OIL $996.84 TELEPHONE TELEPHONE TELEPHONE REPAIR/MAINT SUPPLIES ICE MELT FLASHLIGHT SCREWS LEGAL - ORDINANCE HYDRAULIC 10W BULK OIL E 101-43100-210 Operating Supplies (GENERAL) _ $286.19 MNELK18689 MISC OPERATING SUPPLIES Total FASTENAL COMPANY $286.19 Paid Chk# 046909 2/18/2009 G & K TEXTILE LEASING SYSTEM E 101-43100-225 Uniforms/Clothing Allowance $47.19 1043119410 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $103.49 1043124685 UNIFORMS & MATS E 101-41940-390 Contracted Services $95.70 1043124686 MATS E 101-43100-225 Uniforms/Clothing Allowance $47.19 1043129925 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $70.21 1043135189 UNIFORMS & MATS E 101-41940-390 Contracted Services _$9_5.70 1043135190 MATS Total G & K TEXTILE LEASING SYSTEM $459.48 Paid Chk# 046910 2/18/2009 GODFATHER'S PIZZA E 101-41400-310 Miscellaneous _ $60.45_ CC WORKSHOP MEAL Total GODFATHER'S PIZZA $60.45 Paid Chk# 046911 2/18/2009 GOPHER STATE ONE E 250-42410-310 Miscellaneous $194.40_9010749 LOCATE TICKETS/ANNUAL FEE Total GOPHER STATE ONE -CALL INC $194.40 Paid Chk# 046912 2/18/2009 HD SUPPLY WATERWORKS, LTD E 601-49400-220 Repair/Maint Supply (GENERAL) $160.82 8542310 HYDRANT FLANGE KIT Total HD SUPPLY WATERWORKS, LTD $160.82 CITY OF OTSEGO 02/18/09 2:45 PM Page 3 *Check Detail Register© FEBRUARY 2009 Check Amt I Paid Chk# 046913 2/18/2009 HEALTH PARTNERS E 101-41600-123 Health $1,115.40 31517064 MARCH MEDICAL E 101-43100-123 Health $2,927.50 31517064 MARCH MEDICAL E 250-42410-123 Health $1,054.90 31517064 MARCH MEDICAL E 101-41400-123 Health $2,026.20 31517064 MARCH MEDICAL Total HEALTH PARTNERS $7,124.00 Paid Chk# 046914 2/18/2009 HELGESON MAILING SERVICE LLC E 101-41400-347 Newsletter $878.79 3604 DEC/JAN NEWSLETTER E 101-41400-347 Newsletter $813.79 3.618 FEB/MAR NEWSLETTER Total HELGESON MAILING SERVICE LLC $1,692.58 Paid Chk# 046915 2/18/2009 KNUTSON RICK E101-43100-210 Operating Supplies (GENERAL) $20.41-- MATL TO CLEAN SIGNS Total KNUTSON RICK $20.41 Paid Chk# 046916 2/18/2009 LAWSON PRODUCTS, INC. E 101-43100-210 Operating Supplies (GENERAL) _$_93_21 7742498 OIL SPILL BOGGLE Total LAWSON PRODUCTS, INC. $93.21 Paid Chk#-0461.7—.2/18/2009,. �aL.:..:..,.... -...,. .�,...M.. ... ,_.a,..M.. EAGUE OF MN CITIES . �,,._�_....�.,.,.._�. , ,.-._-......e.. .-,�_.�,_.W.-....__,.....__._..__.�........_.._..__ _....__ �....,,� E 101-41100-360 Education/Training/Conferences $220.00 126174 STOCKAMP - FEB 2009 CONFERENCE E 101-41100-360 Education/Training/Conferences $220.00 126176 THORSTED - FEB 2009 CONFERENCE Total LEAGUE OF MN CITIES $440.00 Paid Chk# 046918 2/18/2009 MARTIN BENEFIT ADMINISTRATORS E101-41400-390 Contracted Services _ $54.5_0 16.395 FEBRUARY FEE - FLEX Total MARTIN BENEFIT ADMINISTRATORS $54.50 Chk# 046919 2/18/2009 MENARDS E101-43100-210 Operating Supplies (GENERAL) $79.34 32260 MISC OPERATING SUPPLIES E101-43100-210 Operating Supplies (GENERAL) $102.23 32446 MISC OPERATING SUPPLIES Total MENARDS $181.57 Paid Chk# 046920 2%18/2609 MN DEPARTMENT OF HEALTH - WATE ...�.r-... E 601-49400-375 WATER TEST FEE $3,435.99 1 ST QTR WATER SUPPLY CONN FEE otal MN DEPARTMENT OF HEALTH - WATE $3,435.99 Paid Chk# 046921 TJ18/2009MONTICELLO ANIMAL CONTROL - -��- E 101-42710-390 Contracted Services $200.00 303 ANIMAL CONTROL Total MONTICELLO ANIMAL CONTROL $200.00 Paid Chk# 046922 —_ 2!18/2009 NOW CARE ME6ICAL CENTERS~ E 101-43100-310 Miscellaneous $21.00 LEONARD - COLLECTION E 101-43100-310 Miscellaneous $24.00 LEONARD - BREATH ALCOHOL E 101-43100-310 Miscellaneous $21.00 LAUNDERVILLE - COLLECTION Total NOW CARE MEDICAL CENTERS $66.00 Paid Chk# 046923 2/18/2009 OFFICEMAX E 101-41400-201 Office Supplies and Expenses $178.29 321562 OFFICE SUPPLIES E 250-42410-201 Office Supplies and Expenses $31.93 321700 INK CARTRIDGE Total OFFICEMAX $210.22 FWid 646924 2/18/2069 PETERBILT NORTH E101-43100-210 Operating Supplies (GENERAL) _$6.73 F290260073 FUEL FILTERS Total PETERBILT NORTH $6.73 Paid Chk#0469252/18/2009 -PLAISTED COMPANIES-� CITY OF OTSEGO 02/18/09 2:45 PM Page 4 *Check Detail Register© FEBRUARY 2009 Check Amt Invoice Comment E101-43100-372 Salt & Sand $1,434.80_ 27.773 SALT & SAND Total PLAISTED COMPANIES $1,434.80 E101-43100-400 Repairs & Maint Cont $37.00 510084 BACKHOE FLAT REPAIR Total POMP S TIRE SERVICE INC $37.00 Paid E 101-43100-322 Utilities _ $6_5_0.00 1.5.526 PW SEPTIC PUMPING Total SCHLUENDER CONSTRUCTION $650.00 -Paid Chk#04692C 2/18%2009 SHERRIE LE HUMAN RESOURCES E 101-41400-106 HR CONSULTING SERVICES $2,025.00 101901 HR REVIEW Total SHERRIE LE HUMAN RESOURCES $2,025.00 Paid Chk# 046929 2/18/2009 SNAP-ON TOOLS E 101-43100-240 Small Tools/Equipment $445.39 225865 HEX WRENCH SETS/DIE GRINDER Total SNAP-ON TOOLS $445.39 Paid Chk# 046930 2/18/2009 TERMINAL SUPPLY CO, INC. E101-43100-210 Operating Supplies (GENERAL) $111.68 51912-00 IMPACT TOOL AIR HOSES E101-43100-210 Operating Supplies (GENERAL) $270.62 52132-00 FUST KIT, FAST ACTING GLASS, STROBE Total TERMINAL SUPPLY CO, INC. $382.30 G 701-21887 OTSEGO AUTOCARE $_53,84_7.50 _ SECURITY/LOC REDUCTION -tal TERRA GENERAL CONTRACTORS, LLC $53,847.50 PaidFChk# 046932 - 2%182009 UNITED STATES POSTAL SERVICE E 601-49400-206 Postage $1,000.00 POSTAGE FOR W/S E 602-49450-206 Postage $1,000.00 POSTAGE FOR W/S Total UNITED STATES POSTAL SERVICE $2,000.00 E 250-42410-320 Telephone _$129.20 1969573981 LAP TOP SERVICE Total VERIZON WIRELESS $129.20 Paid Chk# 046934 2/18%2009 WRIGHT C ' OUNTY HIGHWAY DEPT E101-43160-400 Repairs & Maint Cont $5,193.32 TRAFFIC SIGNAL REPAIRS Total WRIGHT COUNTY HIGHWAY DEPT $5,193.32 Paid Chk# 046935 2/18/2009 XCEL ENERGY E 101-43160-322 Utilities $24.98 16501 53RD - 101136 SIGNAL E 101-43160-322 Utilities $216.09 RIVERPOINTE LIGHTS E 601-49400-322 Utilities $352.15 16575 61 ST - WT #3 Total XCEL ENERGY $593.22 10100 BANK OF ELK RIVER $94,075.04 CITY OF OTSEGO 02/18/09 2:45 PM Page 5 *Check Detail Register© FEBRUARY 2009 Check Amt Invoice Comment Fund Summary 101 GENERAL FUND 250 Comm. Dev. & Bldg Safety 414 Revolving Capital Improvements 444 SE Utilities Project 485 Street Impr. Fund - 2006 601 WATER FUND 602 SEWER FUND 701 DEVELOPMENT ESCROWS FUND 10100 BANK OF ELK RIVER $29,155.54 $2,231.49 $935.00 $1,106.00 $84.00 $4,948.96 $1,375.55 $54,238.50 $94,075.04 ITEM 5_4 PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF OTSEGO AND COMMUNITY PARTNERS RESEARCH, INCORPORATED THIS AGREEMENT is made and entered into between the City of Otsego, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as the "City", and Community Partners Research, Incorporated, a Minnesota corporation, hereinafter referred to as the "Company". WITNESSETH: WHEREAS, the City is in need of professional services to complete an application for the Neighborhood Stabilization Program; and WHEREAS, the Company is qualified and willing to furnish these professional services; and WHEREAS, the City wishes to enter into this Agreement with the Company to provide these professional services; NOW, THEREFORE, the City and Company in consideration of the mutual covenants contained herein, agree as follows: I. TERM This Agreement shall commence on the 1st day of January 2009, and terminate on the 28' day of February 2009. This Agreement may be extended subject to the mutual written acceptance of an extension by the City and the Company. H. SERVICES The City agrees to compensate and the Company agrees to furnish the professional services for the preparation and submission of an application to the Minnesota Housing Finance Agency for the Neighborhood Stabilization Program. III. COMPENSATION The City shall pay the Company Three Thousand dollars ($3,000.00) for the project. IV. BILLING AND PAYMENT Payment of the compensation amount is due upon the completion of the project. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS The Company agrees to make available to duly authorized representatives of the City and of the State of Minnesota, for the purpose of audit examination pursuant to Minnesota Statute 1613.06, any books, documents, papers, and records of the Company that are pertinent to the Company's provision of services hereunder. The Company further agrees to maintain all such required records for three years after receipt of final payment and the closing of all other related matters. VI. INDEPENDENT CONTRACTOR It is agreed by the parties that at all times and for all purposes hereunder, the relationship of the Company to the City is that of an independent contractor and not an employee or agent of the City. VII. COMPLIANCE WITH LAWS In providing all services pursuant to this Agreement, the Company shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement and shall entitle the City to terminate this Agreement immediately upon delivery of written notice of termination to the Company. VIII. SUBCONTRACTING AND ASSIGNMENTS Company shall not enter into any subcontract for performance of any of the professional services contemplated under this Agreement, nor assign any interest in the Agreement without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. The Company shall be responsible for the performance of all subcontractors. IX. MODIFICATIONS Any material alterations, modifications or variations of the terms of this Agreement, shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. X. DATA PRIVACY In collecting, storing, using and disseminating data on individuals (or any other data subject to restrictions by applicable statute or rule) in the course of providing services hereunder, the Company agrees to abide by all pertinent state and federal statutes, rules and regulations covering data privacy, including, but not limited to, the Minnesota Data Practices Act and all rules promulgated pursuant thereto by the Commissioner of the Department of Administration. 2 XI. DEFAULT AND REMEDY Failure of the Company (including the failure of any employee or agent of the Company) to abide by the terms, conditions, or requirements expressed in this Agreement shall constitute a default if not properly corrected by the Company upon receipt of a notice of deficiency and a request for compliance from the City. In the event of a default by the Company, the City may cancel this Agreement by sending a written notice of cancellation to the Company and may recover from the Company any damages sustained by the City which may directly or consequently arise out of the breach of this Agreement by the Company, including attorney fees. XII. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties is contained herein and that this Agreement supersedes any and all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the City and Company relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this Agreement is the only and complete agreement regarding the subject hereof. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands. CITY OF OTSEGO Un Its: Dated: COMMUNITY PARTNERS RESEARCH, INC. Un Its: Dated: By: By: Its: Its: Dated: 3 Dated: r.. i AGREEMENT BETWEEN THE CITY OF OTSEGO AND PHOENIX FABRICATORS AND ERECTORS, INC. REGARDING OTSEGO PROJECT NO. 06-02, OTSEGO WATER TOWER #3 RELATIVE TO LIQUIDATED DAMAGES WHEREAS, PITTSBURG TANK & TOWER COMPANY, ELEVATED DIVISION, INC. (hereinafter PITTSBURG) and the CITY OF OTSEGO (hereinafter CITY) executed a CONTRACT dated November 11, 2006 calling for construction of water tower facilities (the TOWER) by PITTSBURG; and WHEREAS, PHOENIX FABRICATORS AND ERECTORS, INC. (hereinafter PHOENIX) has subsequently acquired PITTSBURG and has succeeded to all rights and obligations under the CONTRACT and subsequent addendum; and WHEREAS, said CONTRACT and change order specified that the Tank would be substantially complete (which included painting) by November 30, 2007 and called for liquidated damages at the rate of $2,500.00 per calendar day if not completed by that date; and WHEREAS, the TOWER was not completed by that date but was substantially complete on July 7, 2008; and WHEREAS, the CITY calculated the amount of liquidated damages to be $580,000.00 based upon the CONTRACT; and WHEREAS, PHOENIX approached the CITY and asked that they reconsider the amount of liquidated damages, alleging that a lower amount would cover actual damage incurred by the CITY due to project irregularities and delays; and WHEREAS, the CITY, through its CITY COUNCIL, determined that they would accept the compromise amount offered by PHOENIX which was $220,000.00 in liquidated damages. NOW THEREFORE, IT IS AGREED between the Parties as follows: 1. That the CITY will accept $220,000.00 as the total amount of liquidated damages, pursuant to the CONTRACT. 2. That in light of the CITY's action, PHOENIX agrees that the $220,000.00 is a fair and accurate statement of liquidated damages under the CONTRACT and hereby specifically waives any and all actions or claims under the CONTRACT or otherwise, in law or equity, challenging the amount agreed upon, or seeking reduction of that amount. In the event that PHOENIX does violate this AGREEMENT or challenge the amount agreed upon it shall be liable for the full amount of liquidated damages originally contemplated ($ 580,000.00) as well as any costs or fees incurred by CITY as a result of such action, including attorney's fees and witness fees. 3. That the parties have specifically agreed upon the issue of liquidated damages only and that said Agreement in no way affects or modifies any other unrelated term or condition of the CONTRACT between the parties, and that all such unrelated terms, conditions and obligations of the CONTRACT remain in full force and effect. 4. That PHOENIX represents that it has acquired PITTSBURG and has succeeded to all contractual obligations incurred by PITTSBURG, which specifically includes the CONTRACT, and has authority to enter into this Agreement. PHOENIX specifically states that this Agreement applies to itself and PITTSBURG and that it will defend, fully indemnify and hold harmless the CITY from any claim or cause of action of any nature brought by PITTSBURG or any other third party relative this Agreement. Dated: CITY OF OTSEGO Jessica Stockamp, Mayor Judy Hudson, City Clerk Dated: 2 PHOENIX FABRICATORS and ERECTORS, INC. with authority and on behalf of its successor, PITTSBURG TANK & TOWER COMPANY, ELEVATED TANK DIVISION, INC. By: Its ITEM 5-6 Sa Signs Northland Chapter of ATSSA ft "HOW-TO" TRAINING & EDUCATION WORKSHOP Limmm 'MARCH 17-18,2009 1 RAMADA PLAZA SUITES, FARGO, ND (Exhibitors: Only complete this form if you are registering more than 2 staff members.) Registrant Information (Please photocopy this form for additional registrants). Delegate Information (PLEASE TYPE OR PRINT) Name 12-\t L}SC�rI Name for Badge PLEASE COMPLETE Anticipated Session Attendance Company/Agency U CS CA spo n For planning purposes, please circle the sessions you anticipate attending. Company Address BU e. NF Thank you for your help. City State Zip�jj Tuesday, March 17 ��I'�� Phone - Fax 710 `iy q to -2) 8:30 AM D 9:30 AM 2 3 � 5 II��'' p Contact, if other than registrant Phone -M3 -Lt '' I -R 137 10:45 AM 6 7 ® 9 /..,� 1:00 PM 10 E-mail Address ��\Q`C15` C'�J 2:05 PM 11 ® 13 14 REGISTRATION TYPE: ADVANCE ON SITE 3:20 PM 15 16 17 Qy 13Y2/27/09 AFTER 2/27/09) 4:05 PM 19 DELEGATE/EXHIBITOR. $95.00 $120.00 $ Wednesday, March 18 OVERNMENT OFFICIAL 8:30 AM 20 �22 I 9:15 AM 23 25 PAYMENT METHOD CHECK (PAYABLE TO ATSSA) # 10:30 AM 26 CHARGE MY: ❑ VISA ❑ M/C U AMEX ❑ DISCOVER Cardholders Name Card # Exp. Date P.O. # Authorized Signature O CHECK HERE IF YOU REQUIRE SPECIAL ACCESSIBILITY OR ACCOMMODATIONS. CANCELLATION POLICY: Full registration fee will be refunded if cancellation is received by February 27, 2009. No refunds after February 27, 2009. No-shows will not be refunded. All refunds will be made after the conference. If faxed, do not mail. AttSA USE ONLY DATE: AMOUNT: METHOD: ACCT. CODE 4200 -40200 -NL PLEASE RETURN THIS FORM WITH PAYMENT TO: ATSSA 15 RIVERSIDE PARKWAY SUITE 100 FREDERICKSBURG, VA 22406 PHONE (540) 368-1701 FAX (540) 368-1717 Advance registrations will be accepted until February 27, 2009. After that date, you may register on site. MONDAY, MARCH 16, 2009 0PM-4:00 PM .EGISTRATION 6:00 PM — 7:30 PM • WELCOME RECEPTION New this year Come mingle with old friends and acquaintance with cocktails and hors d'oeuvres. [Cash Bar] TUESDAY, MARCH 17, 2009 7:00 AM — 4:30 PM • REGISTRATION 7:30 AM — 8:30 AM • EXHIBITS OPEN (Continental Breakfast Served) 8:30 AM — 9:30 AM • GENERAL SESSION 1.Minnesotu and North Dakota CumentState ofAffsks The DOT leaders will explain the current State of Affairs and the future moving into the next fiscal year in their respective States. 9:30 AM — 10:15 AM • BREAKOUT SESSIONS 2. Minnesota Work Zone Training session (PL 1) This three-part training seminar provides an overview of basic traffic control procedures for work zones. The latest in traffic control devices and safe- ty devices are presented, including several unique approaches to traffic control and methods for reduc- ing risk and liability. By attending all three parts of 1s; training seminar the attendee will receive 0.5 edits toward the Roads Scholar Program. 3. Understanding Wet Reflective Pavement Markings This session will give the audience a better awareness of the different terminologies associ- ated with Current Marking Strategies as well as the 3 standard testing procedures of wet pave- ment avement markings, both current and past practices. 04 New Sign Making Technology A two part discussion regarding new sign making materials and cutting techniques as well as new technology in sign making printers and inks. S. North Dakota DOT Traffic Control Work Zone Safety (Pt 1) Providing training to NDDOT employees, counties, and cities on Traffic Control requirements for roadway maintenance operations. A North Da- kota viewpoint of traffic control requirements will be covered. Road Scholar credits will be available upon completion of class. 10:15 AM — 10:45 AM • EXHIBITS OPEN (Coffee Break) 10:45 AM — 11:30 AM • BREAKOUT SESSIONS 6. Minnesota Work Zone Training Session (Pt 2) This three-part training seminar provides an overview of basic traffic control procedures for work zones. The latest in traffic control devices and safe- ty devices are presented, including several unique approaches to traffic control and methods for reduo- ing risk and liability. By attending all three parts of 'his training seminarthe attendee will receive 0.5 xedits toward the Roads Scholar Program. 7.1- 94 Wet Reflective Research Results This session will review the initial performance results (Dry RL, Wet Continuous and Recovery RL) of MnDOT's Wet -Reflective Pavement Marking Research Study on 100 miles of Interstate 94. This is the first full scale testing of an in service application of this type of pavement marking application. S. ew Technology Applications in Mn/DOT This session will highlight new technologies used by Mn/DOT maintenance forces to improve and streamline operations. Along with highlighting key technologies this session will detail the process on how operations personnel submit ideas, how the ideas are evaluated and selected, and how the projects are funded. 9L North Dakota DOT Thaflic Mn&d V b kZaneS%Wy(Ft 2) Providing training to NDDOT employees, counties, and cities on Traffic Control requirements for roadway maintenance operations. A North Dakota viewpoint of traffic control requirements will be cov- ered. Road Scholar credits will be available upon completion of class. 11:30 AM — 1:00 PM • EXHIBITS OPEN (Lunch Served) 1:00 PM -2:00 PM • GENERAL SESSION 10.0SHA s Wow on Traffic Control Safety The American Road & Transportation Builders Association in cooperation with the National Safety Council Provides OSHA training to people in the roadway construction industry. A variety of aspects and requirements from an OSHA standpoint on traffic control and related items in roadway con- struction zones will be covered. 2:05 PM -2:50 PM • BREAKOUT SESSIONS 11. Minnesota Work Zone Training Session (Pt 3) This three-part training seminar provides an overview of basic traffic control procedures for work zones. The latest in traffic control devices and safety devices are presented, including several unique ap- proaches to traffic control and methods for reducing risk and liability. By attending all three parts of this training seminar the attendee will receive 0.5 credits toward the Roads Scholar Program. O)YNnlmum Reflectivity Requirements and Liability for Signs This session will outline specifically what the actual minimum reflectivity requirements are for all situ- ations including signing for Guide Signs, Standard Signs, and Work Zone Signs. The session will also include sign management for keeping a history of signs, and flagging them for replacement when due. 13. Pavement Marking Materials A wide spectrum of pavement marking products and performance characteristics will be discussed. 14. North Dakota DOT Traffic Control Work Zone Safety (Pt 3) Providing training to NDDOT employees, coun- ties, and cities on Traffic Control requirements for roadway maintenance operations. A North Dakota viewpoint of traffic control requirements will be covered. Road Scholar credits will be available upon completion of class. 2:50 PM -3:20 PM • EXHIBITS OPEN (Coffee Break) 3:20 PM — 4:05 PM • BREAKOUT SESSIONS 15. Quality Control of Pavement Markings With new pavement marking products, application equipment, and an ever increasing amount of traffic the burden of quality control is on the rise. A variety of new technologies can help lessen this burden. 16. Cable Median Barrier "What is the reason for Cable Barrier and how can it be used to property stop cross over accidents." 17. Tri State CDL Updates This will be a question and answer session, there will be a panel of experts from both Minnesota and North Dakota ready to answer any questions opera- tors may have regarding their CDL session. There questions may be about drug and alcohol ip ssues, rules and policies, etc. iiscussion Signing and Striping Trucks centered on new sign and striping truck equipment used in the industry. 4:10 PM -4:50 PM • GENERAL SESSION 19. Daniel Boone Saw the Future So Can You A fast-moving and humorous look at leadership and teamwork. Find out the three best ways to get along with your boss and, by the way, these also are the three best ways to gat along with your spouse. 4:50 PM -6:00 PM • EXHIBITS OPEN (Reception/Social) WEDNESDAY, MARCH 18, 2009 7:30 AM — 10:00 AM • REGISTRATION 7:30 AM — 8:30 AM • EXHIBITS OPEN (Continental Breakfast Served) 8:30 AM — 9:15 AM • BREAKOUT SESSIONS 20. High Visibility Clothing In November 2008 a federal regulation went into effect mandatingthat anyone working in the right- of-way ightof-way must be be wearing "high visibility clothing" that meets the requirements of ANSI/ISEA 107- 2004204 Performance pass 2 or 3. The session will describe and demonstrate what this regulation means. A Hi VIS fashion show is possible. ftliftk Zone Safetyand Mobility s session will demonstrate how to build a work zone according to MUTCD and state specifications for safety. The session will also include the making of a "smart work zone" with devices and variable message signs to keep it as mobile as possible. 22. Forglving Highway -Attenuators "Drivers make mistakes. This session will describe the use of crash cushions and guardrail end treat ments on today's highway system. it will describe the challenges every design engineer goes through to choose the right hardware for the situation.- 9:15 ituation" 9:15 AM — 10:00 AM • BREAKOUT SESSIONS 23. Local Roads Safety Efforts This session will outline the activities of the MCEA (Minnesota County Engineers Association) Safety Committee and low-cost traffic safety projects #let have been completed using HSIP (Highway Safety Improvement Program) funds and other funding available as part of the Minnesota Strategic Highway Safely Plan. Actual projects and efforts will be used to demonstrate how these funds have been used to improve traffic safety on Minnesota's tical roadways. 24. MNDOT's Snowplow Simulator: A Need Based on the Past and an Expectation for the Future. by MNDOT pursued purchasing a SnowPlow Driving .mulator, how the training is conducted, and what results they are hoping and expecting to achieve. 25. Open Forum The Open Forum Session is for city, county and state personnel to ask questions and share ideas with each other. 10:00 AM - 1.0:30 AMI • EXHIBITS OPEN (Coffee Break) 10:301 AM -x.2:00 Poon • GENERAL SESSION AND WRAP UP 26. "Freeway Madness and Responder Safety: How the Bleep Did They Do That?7" Every day, emergency responders on the highway ask the same question: "How in the world did that happen?" MnDOT RTMC traffic cameras often see it all. This presentation will cover common crash causes, as well as suggestions for self preservation when working near traffic. BEGINNING Ik, MARCH Traffic Control Supervisor Course - Sponsored under the FHWA Work Zone Safety Grant The Traffic Control Supervisor -Grant course will be spread out over a 3 -day period. This course is de- signed for individuals who supervise traffic control technicians and other field personnel. It provides comprehensive training on work zone standards, guidelines, installation and removal procedures, nspection, documentation and supervisory skills. ,BURSE DATES & TIME: 03/18/09 1p.m. to 5p.m. CST 03/19/09 8 a.m. to 5 p.m. CST 03/20/09 8 a.m. to Noon CST Registration and detailed information can be found at www.atssa.com under the Education and Certification tab. REGIS RA! ION FEES: $95.00 Pre -registered by February 27, 2009 $120.00 Registered after February 27, 2009 INCLUDED IN YOUR FEE: Entrance into the exhibit hall, featuring nearly 50 displays of the latest in roadway safety products and services, workshops led by federal, state, and local industry profes- sionals, lunch, breaks and an evening reception. RAMADA PLAZA SUITES 701-277-9000 $89.00 Conventional Room $99.00 Two Room Suite KELLY INN Located 6 blocks from the Ramada 701-277-8821 $55.00 Single $65.00 Double These room rates will be available until February 16, 2009 ITEM 8_1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 18 February 2009 RE: Otsego — Future SAC/WAC Revenues NAC FILE: 176.08 BACKGROUND Our office and Department of Building Safety staff have prepared an inventory of preliminary, final and developed platted residential lots within the City. The purpose of this inventory is to determine potential SAC/WAC revenues that the City may anticipate receiving as build out of these subdivisions continues without evaluating the time frame for this to occur. Exhibits: A. Otsego Plat Summary dated 1 February 2009 ANALYSIS ■ The number of potential dwelling units is subject to change between preliminary and final plat approvals due to conditions imposed as part of preliminary plat approvals. The City's current policy is to require payment of one-half of the SACMIAC fee at the time a development contract is executed for approved final plats with the other one-half paid when a building permit is issued. This policy was established with the first sewered subdivisions in 1998 to assist developers with project start up for a development type new to the City. The City Council may modify this policy at any time. ■ The estimates of potential SAC/WAC revenues are based on the adopted fees totaling $10,925.00 of for 2009, which is likely to be adjusted for inflation over time. ■ There are 561 preliminary platted dwelling units not final platted within the east and west sewer district. Assuming all of these units were to be final platted and building permits issued, the City would receive $6,128,925.00 in SACMAC fees. ■ There are 1,329 final platted dwelling units for which a building permit has not been issued. These dwelling units are primarily single family lots concentrated in the Arbor Creek, Kittredge Crossings, Martin Farms and Remington Coves developments. The remaining one-half of the SAC/WAC fee to be paid at the current rate for these lots is $6,944,863.00. CONCLUSION This information is to be reviewed initially by the City Council at their meeting on 23 February 2009 at 6:30 PM. C. Mike Robertson, City Administrator Judy Hudson, City Clerk / Zoning Administrator Gary Groen, Finance Director Tim Rochel, Building Official Ron Wagner, City Engineer Andy MacArthur, City Attorney 2 OTSEGO PLAT SUMMARY 1 -Feb -09 SEWER 2009 SACIWAC FEE $10,925 SEWERUNFTS NOT FNAL PLATTED 501 Palerlal SAaWAC Revatwe $0,128,925 UNBUILT FINAL PLATTED LOTS 1,229 PobMal SAC/WAC Reve1aie $0,944,889 2009 ENGINEERING MANUAL UPDATE Summary of Revisions City of Otsego TABLE OF CONTENTS Add Appendix E, City of Otsego General Requirements for Lift Station Design for Developers. 2. Add Appendix F, City of Otsego Standard Specifications for Signage, Striping, and Lighting ENGINEERING MANUAL I. Engineering Requirements I.1, change "...service ties submitted to the City prior to issuance of any service connection permits." to "building permits." 2. I.8., change "City Hall" to "City Public Works Department Facility" for the preconstruction meeting location. 3. I.9, add "sidewalk/bike path subgrade" to the required tests. 4. I.10, remove "and the developer's engineer shall submit a written statement attesting to same." This statement is repeated in the following paragraph, I.1 O.a. 5. 1. 12.a, change "two years" to "one year" for the developer's guarantee for all work, appurtenances, materials, and equipment relating to utilities. 6. 1. 12.b, change "two years" to "one year" for the developer's guarantee for all work, materials, and equipment relating to street construction. 7. 1. 12.b, change "three years" to "two years" for the developer's guarantee for all work, materials, and equipment relating to street construction when the wear course is placed during the same construction season as the base course II. Erosion Control Policy 1. II.2.i., change "two (2) years" to "one year" for the subdivider's responsibility for cleaning and maintenance for the storm sewer system. 2. II.2.j., change "two (2) years" to "one year" for the subdivider's responsibility for cleaning all streets in and adjacent to the subdivision after the project has been accepted by the City. CADocuments and Settings\Tami\Local Settings\Temporary Internet Files\Content.Outlook\09RYFWAZ\2009 ENGINEERING MANUAL UPDATE.doc 3. Add I1.21. "A temporary concrete washout area is required. These temporary washout areas must not allow any liquid concrete, including rinse water from concrete -chutes and washing of concrete tools, to contact the bare ground. The waste material must be disposed of off-site in a Mn/PCA-approved manner. A concrete washout sign must be installed at each temporary washout facility." 8. Remove section IIA "Street Sweeping". This is a repeat of a previous section (11.2j). III. City Standard Plans 1. Revise numbering within section III. Specific Requirements 1. Add 111. 13, "All hydrants and sanitary manholes (gravity and forcemain) within the water table shall be identified in the plans. The hydrants are to be marked with a metal strip and their drain holes are to be plugged." 2. Add 111. 14, ` away from a storm sewer structure. The draintile is to serve as a means of promoting drainage along lot lines and as a connection point for homes sump pump systems." 3. Add 111. 15, "The plans shall depict a temporary concrete washout area. A sign must be placed at each temporary washout facility. A detail of the concrete washout area containment device is required." IV. City Standard Materials 1. IV.2.c., revise the section to "Articulated Concrete Block conforming to Mn/DOT 3604 is required at all storm sewer discharge points and pond overflows. Fabric blanket shall be placed under the articulated block in accordance with the manufacture's recommendations." 2. Add IV.2.g, "All draintile pipe shall be perforated Thermoplastic Pipe (PVC) or Corrugated Polyethylene Drainage Tubing conforming to Mn/DOT 3245 or 3278 respectively and shall be installed per Mn/DOT 2502. 3. Change IV -5, Chimney Seal or Infi-Shield External Seal to the following IVAX. All sanitary sewer manholes (Gravity, Forcemain, Air -release, and Cleanout) shall be watertight. i. The adjustment rings shall be sealed using either an Internal Chimney Seal as manufactured by Cretex Specialty Products or an C:\Documents and Set ingsWami\Local Settings\Temporary Intemet Files\Content.Oudook\09RYFWAZ\2009 ENGINEERING MANUAL UPDATE.doc Infi-Shield External Seal as manufactured by Sealing Systems, Inc. or approved equal. All seals shall be installed per the manufactures specifications. 1. Chimney Seal a. Add "with no welded attachements and a minimum adjustable range of 2 diameter inches. Any screws, bolts or nuts used shall be stainless steel." to the end of the paragraph. b. Remove this section 2. Infi-Shield (Preferred) a. Remove this section b. Revise to "The Infi-Shield Seal shall consist of a continuous band(s) of high quality EPDM rubber and a non -hardening butyl mastic sealant. The casting shall be sealed to the structure with the external sealing system. The seal shall extend onto the casting and the cone section a minimum of 2". ii. All manhole joints within the water table shall be sealed using either an Internal Manhole Joint Seal as manufactured by Cretex Specialty Products or an Infi-Shield External Gator Wrap as manufactured by Sealing Systems, Inc. or approved equal. All seals shall be installed per the manufactures specifications. 1. Internal Manhole Joint Seal a. The Internal Manhole Joint Seal shall consist of a flexible internal rubber sleeve, stainless steel restraining hoop, and stainless steel expansion bands. For use on manhole joints subject to 14 ft of external water pressure head or less. 2. Infi-Shield External Gator Wrap a. The Infi-Shield External Gator Wrap shall consist of an external EPDM flexible rubber sleeve and a non - hardening butyl mastic adhesive. For use on manhole joints subject to 30 ft of external water pressure head or less. 4. IV.6.a, change "Watermain shall be mechanical joint ductile iron pipe..." to "slip joint or mechanical joint," 5. Add IV.6.d, add "All hydrants within the water table must be plugged and identified with a metal strip." C:\Documents and Settings\Tami\Local Settings\Temporary Intemet Files\Content.Outlook\09RYFWAZ\2009 ENGINEERING MANUAL UPDATE.doc 6. IV.7, change "...Minnesota Department of Transportation Standard Specifications of Construction, 2000 edition..." to "2005 edition". V. Testing Requirements V.5.b, change "Marshall Densities and Field Densities..." to "Rice Densities". 2. Insert V.7. Sidewalk and Bike Path Tests: a. Quality Compaction (Visual Inspection) Method (Mn/DOT 2105.3.F2) shall be used to compact and inspect the subgrade and aggregate materials. A roll test may be required at the Engineers discretion to aid with the visual inspection. b. Bituminous testin>; shall be in accordance with Section V.5. "Bituminous Tests". C. Concrete testing shall be in accordance with Section V.6 "Concrete Tests". 3. Revise numbering of sections V.7 —V.15. 4. V. 12.d, change "A complete report (two copies) and a Videotape or CD shall be" to "DVD" for sanitary sewer televising. 5. V.14, add "Witnessed by a Project Representative." to the forcemain testing. VI. Construction Requirements 1. VI. Lb, this section is a repeat of a previous section in the Testing Requirements and should be removed. 2. VI.3.a, revise to include "Castings must be protected during the placement of the bituminous course(s) so that the casting covers do not have contact with the bituminous material. 3. VIA, first paragraph, change "...Minnesota Department of Transportation Standard Specifications of Construction, 2000 edition..." to "2005 edition". 4. VIA, second to last paragraph, add "The developer shall provide an escrow for fog sealing the streets in the event the final wear course is placed prior to 75% build out" and the end of the paragraph. 5. Add VI.5. Sidewalks and Bike Paths a. All sidewalk and bike path subgrade and aggregate base material shall be approved by the Engineer and compacted using a tamping roller or vibratory roller in accordance to Mn/DOT 2105.3F2. C:\Documents and Settings\Tami\Local Settings\Temporary Internet Files\Content.Oudook\09RYFWAZ\2009 ENGINEERING MANUAL UPDATE.doc VIII. Construction Requirements 1. VI11.2, add "The developer's contractor will be responsible for notifying all appropriate agencies of the blockage or closure (i.e. Sheriff/Police and Fire Departments, School bus companies)." to the end of the paragraph. APPENDIX A 1. Revise SP# 201 - Add note (Valve) 2. Revise SP# 204 — Add note (Valve) 3. Revise SP# 206 — Add note (Valve) 4. Revise SP# 208 — Add note (Steps) 5. Revise SP# 300 — Add notes (Joint Seal & First Step) 6. Revise SP# 305 — Revise/Update entire detail 7. Revise SP# 308 — Revise detail title and notes 8. Revise SP# 310 — Revise note (Manufacturer) 9. Revise SP# 312 — Add note (Joint Sealing) & Moved Sump Hole 10. Revise SP# 313 - Add note (Joint Sealing) & Moved Sump Hole 11. Add SP# 314 — Manhole Joint Seal 12. Revise SP# 400 — Revise notes and added cross section A -A 13. Revise SP#401— Revise notes (Steps & Grout) 14. Revise SP# 403 — Add note (Grout around weir) 15. Revise SP# 406 - Add notes and cross section A -A 16. Revise SP# 408 — Add notes and cross section A -A 17. Revise SP# 409 — Add note and flow arrows 18. Revise SP# 410 — Add cross section A -A and grouting notes 19. Add SP# 413 — Rear Yard Draintile Detail C Documents and Settings\Tami\L.ocal Settings\Temporary Intemet Files\Content.Outlook\09RYFWAZ\2009 ENGINEERING MANUAL UPDATE.doc 20. Revise SP# 500 — Changed from requiring rip -rap to requiring articulated concrete block 21. Revise SP# 507 — Include "Silt Sock" and "Wimco's" as alternatives 22. Add SP# 508 — Silt Sock 23. Revise SP# 701 — Remove pre -cast concrete truncated domes as an alternative for handicap pedestrian ramps 24. Revise SP# 706 - Remove pre -cast concrete truncated domes as an alternative for handicap pedestrian ramps 25. Add SP# 708 — Concrete Approach Nose Detail 26. Change title of SERIES 8 to Signage, Striping, and Lighting 27. Add SP# 800 — Lateral Offset and Vertical Clearance for Type C & D Signs 28. Add SP# 801— Type "C" and "D" Sign Post Installation Detail 29. Add SP# 802A — A -Frame and Stringer Bracing Detail 30. Add SP# 802B — A -Frame and Stringer Bracing Detail 31. Add SP# 803 — Marker Post Installation (Was SP# 902) 32. Add SP# 804 - Wetland Buffer Sign 33. Add SP# 805 — Stop Sign and Street Name Sign Detail 34. Add SP# 806 — Temporary Cul-de-sac Sign 35. Add SP# 807 — Lighting Unit Type I for Special Use in Commercial/Industrial Areas 36. Add SP# 808 — Lighting Unit Type II for Typical Use in Commercial/Industrial Areas 37. Add SP# 809 - Lighting Unit Type I Foundation 38. Add SP# 810 - Lighting Unit Type II Foundation Add "APPENDIX E — City of Otsego General Requirements for Lift Station Design for Developers" C:\Documents and SettingsWami\Lpcal Settings\Temporary Intemet Files\Content.Outlook\09RYFWAZ\2009 ENGINEERING MANUAL UPDATE.doc Memo To: Mayor, Council, Mike Robertson, City Administrator and Judy Hudson, City Clerk, Andy MacArthur, City Attorney From: Sandy Lindenfelser, Special Licensing Date: February 23, 2009 Re: New Liquor License I have received most of the necessary paperwork to issue a new liquor license for the following establishment in the City of Otsego and recommend their approval upon full payment of the outstanding utility bill which amounts to $8,089.20 and the Wright County Sheriff's Report of Approval. Otsego DPB Management, LLC DBA Rockwoods Grill & Backwater Bar - Liquor License On Sale Intoxicating and Special Sunday License February 17, 2009 Donna K. Peterson 1715 Sterling Drive Mound, MN 55364 Dear Ms Peterson: The City Council agenda for Monday, February 23, 2009 includes the approval of the transfer of the liquor license at Rockwoods Grill and Backwater Bar to you. Under the City Code Section 7-2-8C, Delinquent Taxes and Charges, the Code states "No license shall be granted for the operation on any premises on which taxes, assessments or other financial claims of the City are delinquent and unpaid." The Rockwoods utility billings are delinquent several months. A statement of these accounts, account numbers 20350-00 and 20340-00, with a total balance due of $8,089.20, was recently sent to Tier One LLC, 9100 Quaday Avenue NE, Otsego, MN 55330-6641. As part of the approval of this license transfer, I am requesting that you address the issue of this financial claim of the City. I would suggest a couple of different ways to address this issue. The first would be to have the payment to the City before the Council meeting on Monday night. The second acceptable option would be to provide the City with a reasonable payment plan. The second option would be added to the Council's license approval as a contingency. I realize this comes on short notice. However, I believe it is in everyone' best interest to address the issue before it is presented to the City Council on Monday night. If you have any questions, please contact myself of Judy Hudson, City Clerk—Treasurer. Sincerely, Gary A. Groen Finance Director City of Otsego Add "APPENDIX F — City of Otsego Standard Specifications for Signage, Striping, and Lighting for Developers" C:\Documents and Settings\Tami\Local Settings\Temporary Internet Files\Content.Outlook\09RYFWAZ\2009 ENGINEERING MANUAL UPDATE.doc SECTION 4 - COMPENSATION Sec. 4-1.11 10.1 Amount. Employees of the city shall be compensated according to ache schedule established by the City Council. Any wage or salary so established is the total remuneration for employment, but shall notrep .vent be eensidefed as reimbursement for official travel or other expenses which may be allowed for the conduct of official business. Unless approved by the Council, no employee shall receive pay from the city in addition to the salary authorized for the position to which he or she has been appointed. Sec. 4-1.21-1&2 Subject to MN Stat., 179A.25 but notwithstanding any other law to the contrary, the city shall maintain , by August 11 1991. establish equitable compensation relationships as prescribed by MN Stat. 471.991 to 471.999. Sec. 4-1.31-103 Temporary. Temporary employees are not entitled to benefits. ssiek iem,e, 4-1.4Seo 1-10.4 Employees to whom the Fair Labor Standards Act applies shall be compensated for overtime work at one and a half ti ffieS thei . _egUl„_ at one and one-half times their regular rate of pay. Compensatory time off shall be taken as approved by the department head for periods of not less than one (1) hour at a time. Employees may accrue up to forty (40) hours between December 1 and November 30 each of the following year. Hours of compensatory time not taken by November 30 shall be paid to the employee as hours worked at the applicable rate of pay. Non-exempt temporary employees, will be paid overtime for work in excess of forty (40) hours per week and will not receive or accrue compensatory time. 14 Sec. 4-1.51 10.6 Work hours. Work schedules for personnel shall be established by the appropriate department head with the approval of the City Administrator and/or the City Council. AECTION4-2 PAYCHECKS _ ... ............ 4-2.1 The workweek begins on Sunday at 12:01 a.m. and ends on the following Saturday at midnight. 4-2.2 Paychecks are normally issued every two weeks. Distribution of paychecks to City employees is to be accomplished in a timely manner using accurate, consistent procedures When paydays fall on a holiday, checks are normally issued the day before the holiday. 4-2.3 Employees are responsible to notify the Finance Department of any change in status including changes in address phone number, names of beneficiaries marital status, etc. SECTION 4-31 OVERTIME/COMPENSATORY TIME 4-3.1 The City of Otsego has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. The City Administrator or designee will determine whether an employee is designated as "exempt" or "non- exempt", pursuant to the Fair Labor Standards Act. 4-3.2 Non-Eaem t Overtime-eli 'ble Em _lo ees Fomatted A. All overtime -eligible employees will be compensated at the rate of time and one-half for all hours worked over 40 in one workweek. Vacation and personal time do not count toward "hours worked" except during non-scheduled emergencies as determined by the Citv Administrator. Holidays will count as time worked for purposes of computing overtime for non-exempt employees. B. Compensation will take the form of either time and one-half pay or compensatory time. Compensatory time is paid time off at the rate of one and one-half hours off for each hour of overtime worked. C. The employee's supervisor must approve overtime hours in advance whenever possible. An employee who works overtime without prior approval may be subject to disciplinary action. D. Overtime earned will be paid at the rate of time and one-half on the next regularly scheduled payroll date, unless the employee and the department head mutually agree that the overtime will be banked as compensatory time in lieu of payment. 15 E. The maximum compensatory time accumulation is 40 hours. Compensatory time may exceed 40 hours only under circumstances that are determined to be public safety emergencies. Compensatory time may be earned from December 1 through November 30 each year. By November 30s' each year all employees compensatory time must be used or paid as compensation. F. Employees may request and use compensatory time off in the same manner as other leave requests and each request must be approved by the Department Head. 6G.. In order to comply with the provisions of the Federal and State Fair Labor Standards Acts, hours worked and leave time used by all non-exempt employees are recorded daily and reported on a biweekly basis. Each electronic time reporting form includes the approval of the employee and immediate supervisor. H. All compensatory time will be marked as such on official timesheets, both when it is earned and when it is used. The Finance Department will maintain compensatory time records. All compensatory time accrued will be paid when the employee leaves city employment at the hourly pay rate the employee is earning at that time. Section 4-3.3 Exempt (Salaried) Employees _-RmoUnd - A. Exempt employees are expected to work whatever hours are necessary in order to meet the performance expectations outlined by their supervisors. GenefWiy, to meet these occasion, they are required to work on Holidays, Saturdays or Sundays and these will not be considered extra workdays and they will not be compensated additionally for them. Exempt employees do not receive extra pay for the hours worked over 40 in one workweek. B. Exempt employees are paid on a salary basis. This means that 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._ _However exempt staff 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, unless the City Administrator approves an exception. 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 extra hours above and beyond the normal forty (40) hour workweek. Over a sustained year period, it is expected that salaried employees shall put in at least as many hours as would an hourly salaried employee considered to be full-time. C. The City of Otsego will not make deductions from pay due to exempt employees being absent for jury duty or attendance as a witness in a legal proceeding but will require the employee to pay back to the city any amounts received by the employee as jury fees or 16 witness fees, excluding mileage reimbursement._ D. If the city inadvertently makes an improper deduction to the weekly salary of an exempt employee, the City will reimburse the employee and make appropriate changes to comply in the future. E. Emplovees must communicate their absence to the City Administrator or designee. FLSA Exempt employees shall complete a electronic time reporting form on a biweekly basis indicating exceptions to the normal work week (i.e. use of vacation, personal leave, holidays and other authorized leaves)_ Because exempt employees are required to work longer days at times and come in on days off, their work hours may vary from a standard schedule. Their regular work -days shall be based upon their department schedule. , they aFe fequiFed to wadi on Holidays, Satardays or- Suadm,s and these will not be eensidered &4rawork days and they will a I . A additionalb, fof! them. S 1 2.3 if a full a taken fl it must b used as Yaeation or pefsenal t .-d yeaf period, it is expee4ed tha salaried empleyees shall put in Moved ECTION 4-3.4 Requirement to Work Overtime ------------------------ Overtime should be avoided but when it is necessary, the immediate supervisor (or department head) must give specific approval prior to its being worked Pre -authorization may be presumed by employees in emergency situations such as excess snowfall flood, natural disasters lift station malfunctions or other similar situations where the immediate response of staff is required to avert endangerment of life, home or property. All employees, in all departments, are required to work overtime if requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary 17 action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. Complaint Proeedure eemplaint to the Gily Administr-ater, "e eemplaint will be responded to by the Gio, SECTION 443 SALARY REVIEW Sec. 4-3A.1 It shall be the general policy to review salaries and establish salary adjustments est an firstMinn-IR] �P-qk Pffeetive with the in accordance with the City's Compensation Plan.. Xh,, r-:+.. A a.,.:,:..,«.,+,.» does FetaiR tile Fight t o end ..,,k,.._, r-e-spensibilifies, the quality efthe %,er4, or- the demands of dw- J As in mid job deseliption; Section 4-4.2 Salary ranges will normally be adjusted the first day of January each year as determined appropriate by the City Council, consistent with the Citv's Compensation Plan. SECTION 4 — S MEAL BREAKS AND REST PERIODS Formatted 4-5.1 City employees, when working under conditions where the use of a break is practical, shall be granted the privilege of taking two fifteen (15) minute breaks during each work shift of eight (8) or more hours at a time specified by the immediate supervisor. A fifteen (15) minute break is measured from the time work is stopped until it is resumed. Break times may not be used to shorten the work day. Upon approval, the two 15 minute breaks may be combined to create a paid meal break approximately mid -way through a shift of eight hours or more. Exceptions may be approved by the department head, subject to approval by the city Administrator. It is understood that employees may need to return to their duties during any paid break if the need arises to ensure continuity of services. 4-5.2 Employees working in City buildings shall normally take their break at the place provided for that purpose in each building. Employees working out-of-doors shall normally take their break at the location of their work. Employees whose duties involve traveling throughout the City may stop along the assigned route at a restaurant or other public accommodation for their fifteen (15) minute break. Exceptions can be approved by the supervisor or department head. SECTION 5 - EMPLOYEE BENEFITS 18 SECTION 53-1 ELIGIBILITY Sec. 53-1.1 Employee benefits mentioned in this section apply to all employees except seasonal, contract, part-time under 24 hours per week, temporary, paid on call, or volunteers employees; Regular employees who are hired for ,part time positions of 24 or more hours per week requiping less than fu" 6 are eligible for pro -rated benefits. Such benefits will be pro -rated based on hours approved for the position and worked by the employee benefitsof sueh as compared to a full time position of two thousand eighty (2080) hours per year. SECTION 5 — 2_RETIREMENT BENEFITS SECT�I^". N445-2.1 Public Employees' Retirement Association (Fera) 4-.; All persons. with the possible exception of the City Administrator pursuant to State law, hired for regular full and part time positions and certain temporary positions with the City of Otsego are members of the Public Employees Retirement Association. Employees shall have deductions made-for-�, as established by law; from each payroll_. URIO..S ,,,.,,,,ged h,. e fflt. aet will be made 4@m eaeh payr-ell. SECTION 5-3.23-1 DEFERRED COMPENSATION Sec=n:T Deferred compensation plans, which defer a portion of the employee's income for retirement purpose and shelters such deferred amounts from state and federal taxes, may be made available to all regular full time and benefit -earning part-time City employees. SECTION 5_33-19 Insurance BenefitsPLAN Section 5-3.1 c•�e�.rAll regular and probationary full-time employees and part-time employees scheduled for 24 or more hours per week are eligible to participate in the City's Benefita Plan. flexible benefit plan whieh allows an employee to set aside pr -e twi ineeme far- dedtletible eiipenses is available to all feguiaf full time City empleyees. 14 pfeNides, depeadent ewe 19 Sec. 5-3.21nsurance — Regular and probationM full-time emolovees are eligible for insurance _ Fanmftd coverase under the City -sponsored plans. Part-time employees hired to work 24 or more hours per week may elect to be covered under these insurance plans, if the underwriting assutn t1p otts allow for 'their participation: City contributions for regular and probationary part-time employees will be pro -rated based on the positions' hours as approved by the City Council. The Cityprovides group health and dental insurance for eligible employees. The City contribution toward health and dental insurance premiums and Health Savings Account (HSA) will be determined by the Citv Council on an annual basis. • ---- Fornwtted: WNW and Numbwft eef4pibtaieii toward a non Gilk)'PFOVided beffefif OF f.)Olie)', even Of that benefit or- peliey is owned by the panieipant. The City provides a City -paid $10,000 term life insurance policy and short-term and long- term disability, insurance for eligible employees. The coverage pays weekly benefits beginning on the first day of disability caused by an injury or the ei hg th day of disability resulting from sickness. SECTION 543-40 Medical and Dependent Care Flexible Benefit Plans FLEXIBLE BENEFIT PLAN Sec. 5-4.1 3-10.1 The City vrovides aA flexible benefit plan which allows an employee to set aside pre-tax income for dedactifile eliible medical and child care expenses and is available to all regular full time (and regular benefit-eamingl2art-time? City employees. These plans It provides employees4hemrwith a choice among different combinations of medical care benefits, dependent care benefits, and direct compensation. Sec. 5-4.23-10.2 Each participant may designate a portion of their compensation as Pay Conversion Contributions. These contributions may be applied toward the following benefits: 5-4.3 Medical Expense Reimbursement PlanBenefi!. This planbexefit has been established by the City#er to help provide €rte and more complete medical coverageare for those employees who_participate in the Employer's fex plqpeateteria plan and who choose to make contributions to a medical expense reimbursement account. It is intended to provide reimbursement of deductibles, co -payments, and coinsurance amounts that a participant may be required to pay, as well as reimbursement of other eli ible medical and hospitalization expenses covered by this plan._ 20 A-.5-4.4 Dependent Care Assistance Plan. This plan has been established by the CityEmrk*e --as- wrnuaed: Burets and Numbwft a dep •..deft. iStaffee PFOgFaffi for the benefit of employees who participate in the flexea eteri plan and who choose to make contributions to a dependent care expense reimbursement account. It is intended to provide reimbursement for eligible expenses for the custodial care of a child or other eligible dependent when such custodial care is needed to enable the participant and his or her spouse (if applicable) to remain employed. See. 3 10.35-4.5 The Medical Expense and Dependent Care Plan Documents describe 4haE- details each benefit in detail. Participants are given a Summary Plan Description upon entering the Plan and the Pplan document is retained on file in the Cite Finance Department for use by employees.at X-, Formatted: Bullets and Numbaft SECTION 5 — 5 344 CONTINUATION OF BENEFITS Sec. 5-5.13 41.1 The City of Otsego, as required by law, provides continuation of benefits under Consolidated Omnibus Budget Reconciliation Act (COBRA) and Minnesota Continuation law. COBRA gives employees and their dependents that lose their health benefits due to a qualifying event the right to choose to continue group health benefits provided by their group plan for limited periods of time. Minnesota Continuation Law provides for continuation of'group life insurance for a maximum of 18 months. An administrative fee may apply to continuation of benefits. Sec. 5-5.2? 11-2 Except for new employees still completing their first six months of emplo �m� ent, , the City may continue an employee's city -paid contribution to health and dental insurance benefits while an employee is on qualifying leave pursuant to the City's LTD planoliey, (see Seel ._., ' " In no case shall the city's contribution for health and dental insurance during LTD leave exceed six (6) months from the commencement of the LTD leave. Any exceptions to this policy will require the approval of the Otsego City Council. SECTION 6 - LEAVES OF ABSENCE SECTION 63-1.2 VACATION & PERSONAL LEAVE Sec. 6-11.1 Vacation. Vacation will accrue according to the following schedule for regular full- time employees: 21 YEARS ACCRUAL PER VACATION IN OF EMPLOYMENT PAY PERIOD HOURS PER YEARA 0 through 1 year 1.54 hours 40 hours 2 through 5 years 3.08 hours 80 hours 6 through 9 years 4.62 hours 120 hours 10 through 14 years One additional day for each year 15+ years 6.15 hours 160 hours 6-1.2 The Citv Administrator can start a new employee at a higher vacation accrual rate subject to City Council approval. Changes in accrual rate will occur on the employee's anniversary date. Vacation accrual for regular part-time employees working 24 hours per week or more will be pro -rated based on scheduled hours. Sec. 6-1.33-2.2 Personal Leave. Employees will receive 40 hours of Personal Leave per year after their first year of emnlovment (nro-rated for cart -time benefit-eamine emDlovees). During the first year of employment, employees will receive a pro -rated amount based on the number of hours on payroll and the percentage of the calendar vear they have worked. ^they halle passed theiF prob tierw, pefied. There shall be no accrual of Personal Leave. - Sec. 6 -1.13 -moi Both Vacation Leave and Personal Leave can be used for anv reason. Vacation leave will normally bescheduled in advance with department approval. Personal leave should be scheduled in advance whenever possible. Sec. 6-1.53- .4 Employees may carry over up to 80 hours of vacation into the following anniversa year. On an exception basis, where an employee could not take vacation due to an exceptionally heavv workload or emereencv, the Citv Administrator may annrove uD to an additional 40 hours of vacation for carry over into the following year. There shall be no carry over for Personal Leave; it must be used by December 31 of each calendar year or it will be forfeited. Any exceptions to this policy must be approved by the City Administrator.. Sec. 6-1.73-2-.6 An employee receiving payments under the City's STD or LTD insurance plan will not accrue vacationannual leave. Sec. 6-1.83-2.7 Administration of Vacation and Personal Leave. The following procedures shall l 22 i be followed in administering annual leave for regular full time and regular part time employees. Sec. 6-1.93-2.7.1 Employees may not use Vacation and Pefsen l be in excess of the amount they have accrued_ without departmental appFON'al. Sec. Vacation and Personal Leave cannot be transferred from one employee to another. Sec. 6-1-113 2.7.3 Vacation Leave shall accrue during the probationary period. Vacation and Personal Leave shall not be available for use until after the first six months of emplovment . Sec. 6-1.123-2.7.4 Vacation Leave shall not be accruedeafned by an employee during leaves of absence without pay._ Sec. 6-1.1333 Supervisors shall establish procedures for scheduling leaves Avera-le"g-a- pefied as pessib4e; giving consideration to the needs of the City services and the ability of the remaining staff to perform work responsibilities. Sec. 6-1.143 2.7.6 Vacation Leave can be used in increments of one hour or more. shall - Sec. 6-1.153-2.7.7 Personal Leave may be used in no less than thirty (30) minutecme (1) hotir increments. Sec. 6-1.143 2.7.8 When non-exempt employees work less than their scheduled hours. they are required to use paid leave to cover the number of hours missed in the workweek. They mai+ not use leave time to go over 40 hours per week. When employees have used all eligible paid leave and compensatory time. anv additional hours missed will be without oay. SECTION 6_233 HOLIDAYS Sec. 6-2.13-3.1- The City observes the following nine (9) holidays to be official CCt holidays for regular -and probationary full time and benefit -earning part-time employees if the holiday is on a regularly scheduled workday. Temporary and seasonal employees and part-time employees who are hired for less than 24 hours per week are not eligible for paid holidays. 6-2.2 Holiday pay shall be paid based on the normal hours worked per day. If an employee normally works 10 hours on that day, they will receive 10 hours. If they normally work 8 hours on that day, they will receive eight hours and so on. 23 New Year's Day (January 1 st) Martin Luther King, Jr.'s Birthday (3rd Monday in January) Presidents Day (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (First Monday in September) Veteran's Day (November 11th) Thanksgiving Holiday (Fourth Thursday in November) Christmas Day (December 25th) Sec. 3-3.2 Floating Holiday heave<All regular full time employees will be eligible to receive one day or commensurate hours (dependent upon the number of regularly scheduled hours) of holiday leave, to be known as a floating holiday, which shall be taken at a time mutually agreed upon by the Employee, and their supervisor. A floating holiday shall not be scheduled on the same day as another holiday. A floating holiday must be used the year received or it will be lost. The floating holiday will be pro -rated for part-time benefit -earning employees. Sec. 6-2.43-3.4 Holiday leave shall be administered according to the following: A. All e€f+eial official holidays shall be considered to commence at the beginning of the first shift on the day on which the holiday is observed and continue for twenty-four (24) consecutive hours thereafter. B. Probationary and regular full-time and part-time benefit-earning_RegWar-eW pFabatienat=�, full time employees will be entitled to receive pay for official holidays at their regular straight time pay provided they have worked their last scheduled day prior and their first scheduled day after the official holiday, or if they are usineen approved vacation leave, personal leave or compensatoa time on those dam the day C. When a holiday falls upon a Saturday, the preceding Friday shall be observed as the - holiday. When a holiday falls upon a Sunday, the following Monday shall be observed as the holiday. D. D. 1-lolidav Overtime - Benefit -earning full-time and part-time employees and temporary and seasonal eEmployees who are required to work on an actual or observed -holiday- ^^^ . ^d ti.. the G4 Aiag shall receive two times their regular liouriv rate for all hours worked on that day. double pet), depending upen th eligihRib, as deteFmiaed b) 4'••• City G^•meil This holiday overtime will be paid in addition to any holiday pay eligible employees would have been entitled to had they not been required to work. (Does this holiday overtime apply to non-exempt emplovees only?) K. -- E. Employees who are not scheduled to work on an official holiday because of 24 Favotbed: Bullets and Numbering working part-time or on a tiex schedule will still receive holiday pay as described in B above The City Administrator has the option to require the employee to take off another day that same week in lieu of paving for the additional hours. SECTION 6 – 3 FAMILY AND MEDICAL LEAVE 6-3.1 In accordance with the Family and Medical Leave Act (FMLA) unpaid Job protected leave will be granted to all eligible employees (male and female) for up to twelve 0 2) weeks per twelve (12) month period for any of the following reasons: a.. Birth and care of a newborn child pre -natal care or incapacity due to pregnancy, b.. Placement of a child with the employee for adoption or foster care; c To care for a spouse son. daughter or parent who has a serious health condition; d For a serious health condition that makes the employee unable to perform the functions of the position; or e Because of any qualifying exigencv arising out of the fact that the spouse, or a son, R n uMd daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. 6-3.2 SERViCEMEMBER FAMILY _LEAVE.—Subiect to section 103, an eligible employee who is the spouse son daughter, parent or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12 - month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12 -month period. 6-3.3 In accordance with the law, the following definitions apply: "Caring" for someone includes psychological as well as physical care. It also includes acquiring care and sharing care duties. An eligible "son or daughter" is defined as a person under 18 years of age (or a person incapable of self-care because of a vesical or mental disability) who is a biological, adopted, foster or step child a ward of the employee or a person with whom the employee is charged 25 with a parent's rights duties and responsibilities. For purposes of military qualifying exigency leave, the age limit is disregarded. An eligible "parent" includes a biological parent or a person who was charged with a Parent's rights, duties and responsibilities over the employee when the employee was under the legal age, but doesn't include in-laws. The term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: (A) inpatient care in a hospital hosl2ice or residential medical care facility, or (B) continuing treatment by a health care provider. Rwnwtted The term "serious injury or illness", in the case of a member of the Armed Forces, ____ _ __ including a member of the National Guard or Reserves means an iniury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank. or rating. FMLA is available for treatment of substance abuse when it qualifies as a "serious health condition" but not for an absense for an employee's use of substance. Formatted The temi "active duty" means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10. United States Code. 'De term `'contingency operation" has the same meaning given such term in section Fwnmtted 101(a)(13) of title 10, United States Code. T,he term "covered servicemember" means a member of the Armed Forces, including a member of the National Guard or Reseryes, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. 6-3.4. ELIGIBILITY An eligible employee is one who has worked for the City for a cumulative period of twelve 02) months and worked at least 1,250 hours for the City during the twelve 02) month period prior to requesting the leave. Military service shall count toward the twelve month, 1,250 hour service requirement Breaks in service for National Guard or Military Reserve dutv shall also count toward the twelve (12) month service, 1.250 hour requirement. 26 6-3.5 LENGTH OF LEAVE 6-3.5a The length of FMLA leave except for Military Caregiver purposes is not to exceed twelve (12) weeks in any twelve (12) month period. The entitlement to FMLA leave for the birth or placement of a child expires twelve (12) months after the birth or placement of the child The length of leave for Military Caregiver purposes is not to exceed 26 weeks in any twelve (12) month period. 6-3.b ,COMBINFD LEAVE TOTAL.—During the single 12 -month period described --- Formatted above for Military Caregiver Leave ,an eligible employee shall be entitled to a combined total of 26 workweeks of leave under A and B,Nothin in n this para"h shall be construed wrrn tied to limit the availability of leave under paragraph A,during any other 12 -month period. Formatted 6-3.6. LEAVE YEAR The leave�ea� r begins on the first day of an employee's leave and continues for 12 consecutive months thereafter for purposes of this policy. 6-3.7. NOTICE 'rhe emplovee is to give verbal or written notice at least thirty (30) days prior to the date on which leave is to begin The thirty (30) day notice requitement can be waived by the City, if circumstances warrant If an employee fails to give thirty (30) days notice for a foreseeable leave with no reasonable explanation for the delay, the leave may be denied until thirty (30) days atter the employee provides notice Planned medical treatment should be scheduled so that it will not unduly disrupt the City's operations. 6-3.8. MEDICAL CERTIFICATION 6-3.8a. The employee may be refired to submit medical certification to support a request for leave because of a serious health condition of a child, spouse, parent or the employee. A "Certification of Physician or Practitioner" form can be obtained from the Finance Department. 6-3.8b. It is to be completed by the attending physician or practitioner and submitted to 27 the City Administrator within ten 00) days after requested, or as soon as is reasonably practicable It must include enough facts to determine whether the certification is sufficient to warrant the leave of absence For an employee with a serious health condition, it will be sufficient if it states (1) the date on which the serious health condition commenced; (2) the probable duration of the condition; (3) the appropriate medical facts within the knowledge of the health care provider regarding the condition; 6-3.8c. For a leave for care for a son daughter. spouse or parent, it must provide an estimate of the amount of time that such employee is needed to care for the son, daughter. spouse, or parent. 6-3.8d. In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment it must include the dates on which such treatment is expected to be given and the duration of such treatment,• 6-3.8e In the case of certification for intermittent leave or leave on a reduced leave schedule for a chronic serious health condition it muist include a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule. and the expected duration of the intermittent leave or reduced leave schedule; and 6-3.8f. For intermittent leave, or leave on a reduced leave schedule, for the care of the son daughter, arent or spouse who has a serious health condition it must show it is medically necessary, to care for that family member. or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule. 6-3.8g. The City may require a second (or third) opinion at the City's expense If required the City will select a health care provider not regularly associated with the City. 6-3.9. RECERTIFICATION Recertification may be required if the employee requests an extension of the original length approved by the City (up to a maximum of twelve (12) weeks) or if the employee's circumstances change 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. 28 6-3.10. INTERMITTENT LEAVE Leave requested because of a serious health condition of either a family member or the employee may be taken intermittently or on a reduced schedule if such leave is deemed to be medicaliv necessary. All requests for intermittent leave will be evaluated on a case-by- case basis Emplovees are required to make reasonable efforts to schedule leave that is foreseeable forplanned medical treatment so the leave does not unduly disrupt City operations. The employer may require the employee to transfer temporarily to an alternative position, with equivalent pay and benefits that better accommodates the intermittent leave than the regular position. 6-3-11. FITNESS FOR DUTY CERTIFICATION The City may require a medical certificate attesting to the employee's fitness for duty prior to return to work The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perfonn the essential functions of the iob. The City Administrator may consult with a physician or other expert to detemiine reasonable accommodations for any employee who is a "qualified disabled" employee under the ADA (Americans with Disabilities Act). If a fitness for duty certification is required the City may deny reinstatement until it is provided. 6-3-12. JOB PROTECTION 1 Employees returning from Family and Medical Leave will be reinstated in their former position or a position equivalent in pay benefits and other terms and conditions of employment. 2 An employee's reinstatement rights are the same as thev would have been had the employee not been on leave. Thus if an employee'sposition would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave. 6-3.13. EFFECT ON BENEFITS 29 6-3.13 a Health and Dental Insurance - An employee granted a leave under this policy will continue to be covered under the 013,"s group health and dental insurance plan under the same conditions and at the same level of City contribution as would have been provided if thev had been continuously employed during the leave period If there are changes in the City's contribution levels while the employee is on leave those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of allrgrooun insurance coverage and the city's portion plus any required administrative fee for life insurance continuation. if continuation is desired. Arrangements for payment of the employee's ortion of premiums must be made by the employee with the Finance Department If an employee's contribution is more than thirty (30) days late the City may temiinate the employee's insurance coverage (subiect to COBRA requirements). 6-3.13b. SENIORITY Seniority does not accrue during the period of unpaid Family and Medical Leave (except as allowed during a parental leave USERRA or when the leave is covered by Worker's Compensation) However, seniority accrued prior to commencement of FMLA leave will not be lost. 6-3.13c. USE OF ACCRUED COMPENSATORY TIME OR PAID LEAVE DURING FAMILY AND MEDICAL., LEAVE During the Family and Medical Leave employees must use accrued compensatory time prior to taking an unpaid leave unless their medical condition/injury is covered by worker's compensation or disability insurance or the absence qualifies under the State Parental Leave law (see Parental Leave Policy). Employees may use accrued vacation if they so choose, after personal leave and compensatory time is exhausted When personal leave and compensatory time have been exhausted any remaining time will be unpaid except for vacation requested by the employee. 6-3.13d Affect On Pension - FMLA leave counts as continued service for purposes of 30 retirement or pension plans - 6 -3.13e. lans 6-3 13e Training - Employees who have missed training sessions while on FMLA leave will be given a reasonable opportunity to make them up. 6-3.14. RECORDS RETF,NTION Records on FMLA leave will be kept along with normal payroll records except that any medical record will be maintained separately as a confidential medical record in accordance with the law. 6-3.15. FAILURE TO RETURN FROM FMLA LEAVE 6-3.15a. Employees who cannot return from an approved Family and Medical Leave at the end of the approved leave period must request an extension (up to the maximum of twelve (12) weeks allowed) if the twelve (12) allowable weeks have already been used the employee can request to go on a regular unpaid leave of absence. If approved the employee will be required to pay the full cost of all group insurance, as allowed under COBRA in order to continue coverage. See exception to this rule under section XXX?????> 6-3.15b. If the unpaid leave of absence is not approved or the employee fails to request additional leave the emplovee will be considered to have voluntarily quit in accordance with the Attendance Policy. 6-3.15c. If circumstances beyond the employee's control prevented the employee from requesting additional leave a retroactive leave request may be allowed, subiect to the City Administrator's approval. 6-3.15d. If an employee fails to return from an FMLA leave and is determined to have voluntarily uit as described above the City, may seek reimbursement fiom the employee for the portion of the premiums paid by the City on behalf of that employee during the period of leave. XXX Section 6-4 ADMINISTRATIVE LEAVE Under Special circumstances. the City Administrator or City Council mav, at the City's discretion place an employee on an administrative leave pending the outcome of an internal or 31 external investigation or criminal proceeding The leave may be paid or unpaid depending on the circumstances, as detennined by the City Administrator. Section 6-5 ADVERSE WEATHER City facilities will be open during adverse weather. Due to individual circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early) Employees will be paid for hours worked. Public works maintenance employees would generally be required to report to work regardless of conditions. The City Administrator will decide whether conditions indicate a general excused absence for those unable to report to work due to the adverse weather. Employees shall take vacation personal leave floating holiday, compensatory time if eligible or unpaid time Decisions to cancel departmental programs (special events after school programs, etc) will be made by the respective department head or his/her designee. Section 6-6 JOB RELATED INJURIES OR ILLNESS 6-61, All employees are required to immediately report all lob -related illnesses or injuries to their supervisor immediately (no matter how minor). If a supervisor is not available and the nature of injury or illness requires immediate treatment the employee shall go to the nearest available medical facility for treatment and as soon as possible, notify his/her supervisor (and the managed care provider) of the action taken. If the injury is not of an emergency nature but requires medical attention the employee shall report it to the supervisor and call the managed care provider to schedule a medical appointment. 6-6.2. Worker's Compensation benefits and procedures to return to work shall be applied according to applicable State and Federal laws and requirements of the City's Worker's Compensation Administrator. 6-7 EMPLOYEES WITH HEALTH-RELATED WORK RESTRICTIONS 6-7.1. At times employees may require job modifications, a leave of absence, or other action due to an injury, illness or a medical or psychological condition preventing them from performing one or more of their required duties Employees are responsible for notifying their 32 supervisor of any need for job modification or leave of absence. Each situation will be evaluated on a case-by-case basis consistent with applicable State and Federal laws. Medical documentation may be required. 6-7.2. Job modification leaves. or other action may also be required when the employee cannot safely perform the job This includes situations where exposure to potentially harmful situations or substances is likely to Jeopardize the health or safety of the employee. coworkers. or the public It also includes situations where an employee's work performance, or other indications lead a supervisor to objectively conclude that the employee may not be able to perform the iob or parts of the iob safely. 6-7.3. The City Administrator will advise supervisors and department heads as to appropHate actions to take and/or job modifications needed. Job modifications will normally be temporary in nature unless required to be otherwise by lacy. At times an outside resource may be called to assist in determining appropriate action. This may include the employee's physician, a City -appointed physician or psychologist or a rehabilitation or occupational medicine specialist. 6-7.4. Employees are responsible to notify, the Finance Department of any change in status includine changes in address, phone number names of beneficiaries. marital status, etc. 6-8 PARENTING LEAVE 6-8.1. 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 in connection with the birth or adoption of a child. The leave may not exceed six weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. 6-8.2. Employees are not required to use personal leave or vacation during parental leave but may use either at their option for any period of this leave. 6-8.3. 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 and City contributions will remain in effect during the six (6) week leave. 6-8.4. 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 until eligibility for either leave expires. 33 6-8.5. Seniority will continue to accrue during the six (6) week parental leave for eligible employees Employees who are not covered under the law, may receive up to a maximum of two (2) weeks unpaid leave that is not adjusted for seniority with authorization of the department head and City Administrator. SECTION 6-9" EMERGENCY/FUNERAL LEAVE Sec. 6-9.13-4.1 Emergency/funeral leave may be granted to regular full time and benefit -earning part-time City employees by the employee's immediate supervisor. To be eligible for emergency/funeral leave, an employee must furnish adequate proof that a death has occurred within the employee's immediate family or that a member of the immediate family suffers from a debilitating personal illness or accidental bodily injury such that his/her physical care requiresd the continuous presence of the employee. See also Family, and Medical Leave. Sec. 6-9.244 The term "immediate family" shall include spouse, parents and step-parents, mother f Aex, children, step -children, grandparents. and brothers ander sisters of the employee_ or employee's spouse. ; OF th ift law, br-etheF in law, of ..__*_r in law efthe __pl Relatives of the employee other than those above listed shall not be considered members of the immediate family for the purposes of this policy. Sec. 6-93.33-4.3 Paid emergency/funeral leave may be granted for one or two work -days where the supervisor concludes such leave is warranted. SECTION 6-1.0433 MILITARY LEAVE 6-10.1 Minnesota Statutes Section 192.26 and 192.261 provide that an employee of any municipality who is a member of the National Guard, the Naval Militia, the Officers Reserve Corps the Naval Reserve the Marine Corps Reserve or any other reserve component of the military or naval forces of the United States, is entitled to a leave of absence without loss of pay, seniority status efficiency rating, or benefits for the time such employee is engaged in training or active service not exceeding a total of fifteen (15) days in any calendar year. 6-10.2 In accordance with State Law, the employee shall be granted an unpaid leave of absence when called to active duty. If an employee has not vet used their fifteen (15) days of paid leave when called to active duty, any unused paid time will be allowed prior to the unpaid leave of absence. 6-10.3 The leave of absence is only in the event the employee returns to employment immediately upon being relieved from military or naval 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 34 (15) day period allowed for the paid leave of absenceNotice shall be -given the Employer at least fifteen (15) working days in advance of the requested leave. Notice may be waived under certain circumstances. 6-10.1 See. 4 5.1 Returning reservists have the right to return to their lobs or another iob of similar seniority, status and pay upon completion of active duty in accordance with M.S. 192.261 Subd. 2 and 38 U.S.C. Section 2021 and 2024. The r-einstatement of rights of any employee who emer-ed the military sefviee of t effiaetive period of sueh law shall be detefmined in aesefdan ms of the law granting eh fieWs. 6-10.5 Employees on authorized military leave shall receive the difference between their normal salary and military pay for the approved period. The City cannot require that an employee on military leave use accrued paid leave. While on such atAhafized leave. empleyees shall not lose seftier-ity status or benefits nannally aeeecded them as a Git�, employee 6-10.6 Eligibility for continuation of insurance coverage will follow the same procedures as for any terminated or laid -off employee while the employee is on an unpaid leave of absence for active duty. In addition military leaves of absence shall be considered work time for the purposes of vacation accrual. See also Section 6-3 Family and Medical Leave, SECTION 6-113-6 JURY DUTY LEAVE Sec. 6-11.13-6..1 Full time and benefit-earningpart-time employees shall be granted paid leaves of absence for required jury duty provided that such duty does not exceed one -hundred twenty (120) hours in any one calendar year. Employees shall receive that portion of their regular straight time pay which will, together with their jury pay, equal their total compensation for the same period. The time spent on jury duty shall not be counted as time in computing overtime. 35 Employees excused or release from jury duty during their regular working hours shall report to their supervisors immediately thereafter. Sec. 6-11.23-6.2- Employees shall notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of jury duty and pay form is completed by the clerk of the court each week so that City will be able to determine the amount of compensation due for the period involved. 6-11.3 Temporary, seasonal and part-time employees working less than 24 hours per week are not eligible for compensation for absences due to iury duty. They can take a leave without pay with department head approval. 6-11.4 Court Appearances: Employees will be granted paid leave time to testify in Court only for City -related business. Any compensation received for court appearances (e.g. subpoena fees) arising out of or in connection with City employment, minus mileage reimbursement, must be turned over to the Finance Department. 6-12 SCHOOL CONFERENCE LEAVE Any employee who has worked half-time or more for more than twelve (12) consecutive months, may take unpaid leave for up to a total of sixteen (16) hours during any school year to attend school conferences or classroom activities related to the employee's child (under 18 or under 20 and still attending secondary school), provided the conference or classroom activities cannot be scheduled during non -work hours. 6 -13 ELECTIONSNOTING 6-13.1 An employee who is selected to serve as an election fudge pursuant to M.S. Section 2046.21 subd. 2, will be allowed time off without pay for purposes of serving as an election fudge, provided that the emplovee gives the City ten (10) days written notice. 6-13.2 All employees who are eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, shall be allowed time off with pay to vote during the morning of election day. SECTION 6 -14 34 LEAVE OF ABSENCE WITHOUT PAY 6-14.1 This section sets forth policy regarding leave without pay and shall generally be followed to promote fairness and consistency. However, nothing in this policy shall limit the City's authority to make additional reasonable accommodations as may be necessary and which do not result in hardship to the City. Sec. 6-14.23-7.1 Supervisors may, giving consideration to the needs of the City and the ability of 36 the remaining staff to accomplish work responsibilities, authorize regular employees to be absent without pay for personal reasons for a period or periods up to no"o-exeeed-a total of ten (10) working days in any calendar year. Requests for leave of absence without pay in excess of ten (10) days and up to 30 days in a calendar year must be se ted to aed- approved in advance by the City AdministratorCouneil. Leave without pay for 30 days or more must be approved by the City Council Employees are not eligible for leave of absences beyond one year - including paid and unpaid leave time combined. 6-14.3Employees shall request such leaves of absence without pay in writing in advance of the desired date se desiFed indicating the reason(s) for absence, the specific absence period and anticipated date of return to work.The City Council may waive this requirement under extenuating circumstances.— See. 3-7.26-14.4 Leaves of absence will not be given for the purpose of enabling any employee to work for another employer or to engage in any form of self-employment. Any employee who obtains a leave of absence by misrepresenting the purpose therefore shall be discharged. Sec. 6-14.53 7.3 While on approved leave of absence without pay exceeding ten consecutive working days, an employee will not receive city contributions to city- sponsoredrg_oup insurance(s) unless the leave qualifies as parenting or famil and medical leave. in liieh he/she is .....ember Employees will not be eligible for holiday Pa or vacation accrual for unpaid leaves of absences. or- be eligible to aeeme vaeation or- holiday pay -Nor will the time on leave of absence without pay be considered for purposes of calculating seniority time in active se: _:c where the period exceeds ten consecutive working days. Exceptions Lvillmay be made for employees during active status with the armed forces_ pursuant to federal law.. 6-14.6 To qualify for leave without pay, an employee must first use all accrued vacation and compensatory time. Leave without pay for purposes other than medical leave military leave or work-related injuries will be at the convenience of the City. 6-14.7 Employees returning from a leave without pay for a reason other than a qualified Parenting or Family and Medical Leave will be guaranteed return to the original position only for absences of thirty (30) calendar days or less. 6-14.8 Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons other than qualified Parenting or Family and Medical Leave 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. See also Military Leave, Section )(X- 37 6-14.93-�4 The City acknowledges these provisions are not intended to modify or replace any i rights to any employee that are granted under State or Federal law. EXEMPT EMPLOYEES Moved 38 SECTION 4 — COMPENSATION 4-1.1 Employees of the city shall be compensated according to a schedule established by the City Council. Any wage or salary so established is the total remuneration for employment, but shall not prevent reimbursement for official travel or other expenses that may be allowed for the conduct of official business. Unless approved by the Council, no employee shall receive pay from the city in addition to the salary authorized for the position to which he or she has been appointed. 4-1.2 Subject to MN Statute 179A.25, but notwithstanding any other law to the contrary, the city shall maintain equitable compensation relationships as prescribed by MN Stat. 471.991 to 471.999. 4-1.3 Temporary employees are not entitled to benefits. 4-1.4 Employees to whom the Fair Labor Standards Act applies shall be compensated for overtime work at one and one-half times their regular rate of pay. Compensatory time off shall be taken as approved by the department head for periods of not less than one (1) hour at a time. Employees may accrue up to forty (40) hours between December 1 and November 30 of the following year. Hours of compensatory time not taken by November 30 shall be paid to the employee as hours worked at the applicable rate of pay. Non-exempt temporary employees, will be paid overtime for work in excess of forty (40) hours per week and will not receive or accrue compensatory time. 4-1.5 Work schedules for personnel shall be established by the appropriate department head with the approval of the City Administrator and/or the City Council. SECTION 4 — 2 PAYCHECKS 4-2.1 The workweek begins on Sunday at 12:01 a.m. and ends on the following Saturday at midnight. 4-2.2 Paychecks are normally issued every two weeks. Distribution of paychecks to City employees is to be accomplished in a timely manner using accurate, consistent procedures. When paydays fall on a holiday, checks are normally issued the day before the holiday. 4-2.3 Employees are responsible to notify the Finance Department of any change in status including changes in address, phone number, names of beneficiaries, marital status, etc. 13 SECTION 4 - 3 OVERTIME/COMPENSATORY TIME 4-3.1 The City of Otsego has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. The City Administrator or designee will determine whether an employee is designated as "exempt" or "non-exempt", pursuant to the Fair Labor Standards Act. 4-3.2 Non -Exempt (Overtime -eligible) Employees: A. All overtime -eligible employees will be compensated at the rate of time and one-half for all hours worked over 40 in one workweek. Vacation and personal time do not count toward "hours worked' except during non-scheduled emergencies as determined by the City Administrator. Holidays will count as time worked for purposes of computing overtime for non-exempt employees. B. Compensation will take the form of either time and one-half pay or compensatory time. Compensatory time is paid time off at the rate of one and one-half hours off for each hour of overtime worked. C. The employee's supervisor must approve overtime hours in advance whenever possible. An employee who works overtime without prior approval may be subject to disciplinary action. D. Overtime earned will be paid at the rate of time and one-half on the next regularly scheduled payroll date, unless the employee and the department head mutually agree that the overtime will be banked as compensatory time in lieu of payment. E. The maximum compensatory time accumulation is 40 hours. Compensatory time may exceed 40 hours only under circumstances that are determined to be public safety emergencies. Compensatory time may be earned from December 1 through November 30 each year. By November 30th each year all employees compensatory time must be used or paid as compensation. F. Employees may request and use compensatory time off in the same manner as other leave requests and each request must be approved by the Department Head. G. In order to comply with the provisions of the Federal and State Fair Labor Standards Acts, hours worked and leave time used by all non-exempt employees are recorded daily and reported on a biweekly basis. Each electronic time reporting form includes the approval of the employee and immediate supervisor. 14 H. All compensatory time will be marked as such on official timesheets, both when it is earned and when it is used. The Finance Department will maintain compensatory time records. All compensatory time accrued will be paid when the employee leaves city employment at the hourly pay rate the employee is earning at that time. 4-3.3 Exempt (Salaried) Employees: A. Exempt employees are expected to work whatever hours are necessary in order to meet the performance expectations outlined by their supervisors. On occasion, they are required to work on Holidays, Saturdays or Sundays and these will not be considered extra workdays and they will not be compensated additionally for them. Exempt employees do not receive extra pay for the hours worked over 40 in one workweek. B. Exempt employees are paid on a salary basis. This means that 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. However, exempt staff 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, unless the City Administrator approves an exception. 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 extra hours above and beyond the normal forty- (40) hour workweek. Over a sustained year period, it is expected that salaried employees shall put in at least as many hours as would an hourly salaried employee considered to be full-time. C. The City of Otsego will not make deductions from pay due to exempt employees being absent for jury duty or attendance as a witness in a legal proceeding but will require the employee to pay back to the city any amounts received by the employee as jury fees or witness fees, excluding mileage reimbursement. D. If the city inadvertently makes an improper deduction to the weekly salary of an exempt employee, the City will reimburse the employee and make appropriate changes to comply in the future. 15 E. Employees must communicate their absence to the City Administrator or designee. FLSA Exempt employees shall complete an electronic time reporting form, on a biweekly basis, indicating exceptions to the normal work week (i.e. use of vacation, personal leave, holidays and other authorized leaves). Because exempt employees are required to work longer days at times, and come in on days off, their work hours may vary from a standard schedule. Their regular workdays shall be based upon their department schedule. 4-3.4 Requirement to Work Overtime: A. Overtime should be avoided but, when it is necessary, the immediate supervisor (or department head) must give specific approval prior to its being worked. Pre -authorization may be presumed by employees in emergency situations such as excess snowfall, flood, natural disasters, lift station malfunctions, or other similar situations where the immediate response of staff is required to avert endangerment of life, home or property. B. All employees, in all departments, are required to work overtime if requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. SECTION 4 - 4 SALARY REVIEW 4-4.1 It shall be the general policy to review salaries and establish salary adjustments, in accordance with the City's Compensation Plan. 4-4.2 Salary ranges will normally be adjusted the first day of January each year as determined appropriate by the City Council, consistent with the City's Compensation Plan. SECTION 4 — 5 MEAL BREAKS AND REST PERIODS 4-5.1 City employees, when working under conditions where the use of a break is practical, shall be granted the privilege of taking two fifteen (15) minute breaks during each work shift of eight (8) or more hours at a time specified by the immediate supervisor. A fifteen (15) minute break is measured from the time work is stopped until it is resumed. Break times may not be used to shorten the workday. Upon approval, the two 15 minute breaks may be combined to create a paid meal break approximately mid -way through a shift of eight hours or more. Exceptions may be approved by the department head, subject to agreement by the City Administrator. It is understood that employees may need to return to 16 their duties during any paid break if the need arises to ensure continuity of services. 4-5.2 Employees working in City buildings shall normally take their break at the place provided for that purpose in each building. Employees working out-of-doors shall normally take their break at the location of their work. Employees whose duties involve traveling throughout the City may stop along the assigned route at a restaurant or other public accommodation for their fifteen (15) minute break. Exceptions may be approved by the supervisor or department head. SECTION 5 - EMPLOYEE BENEFITS SECTION 5 -1 ELIGIBILITY 5-1.1 Employee benefits mentioned in this section apply to all employees except seasonal, contract, part-time under 24 hours per week, temporary, paid on call, or volunteers 5-1.2 Regular employees who are hired for part time positions of 24 or more hours per week are eligible for pro -rated benefits. Such benefits will be pro -rated based on hours approved for the position and worked by the employee as compared to a full time position of two thousand eighty (2080) hours per year. SECTION 5 — 2 RETIREMENT BENEFITS 5-2.1 Public Employees Retirement Association (PERA): All persons, with the possible exception of the City Administrator pursuant to State law, hired for regular full and part time positions and certain temporary positions with the City of Otsego are members of the Public Employees Retirement Association. Employees shall have deductions made, as established by law from each payroll. 5-2.2 Deferred Compensation: Deferred compensation plans, which defer a portion of the employee's income for retirement purpose and shelters such deferred amounts from state and federal taxes, may be made available to all regular full time and benefit -earning part-time City employees. SECTION 5 - 3 INSURANCE BENEFITS 5-3.1 All regular and probationary full-time employees and part-time employees scheduled for 24 or more hours per week are eligible to participate in the City's Benefits Plan. 17 5-3.2 Insurance: A. Regular and probationary full-time employees are eligible for insurance coverage under the City -sponsored plans. Part-time employees hired to work 24 or more hours per week may elect to be covered under these insurance plans. City contributions for regular and probationary part-time employees will be pro -rated based on the positions' hours as approved by the City Council. B. The City provides group health and dental insurance for eligible employees. The City contribution toward health and dental insurance premiums and Health Savings Account (HSA) will be determined by the City Council on an annual basis. C. The City provides a City -paid $10,000 term life insurance policy and short- term and long-term disability insurance for eligible employees. The coverage pays weekly benefits beginning on the first day of disability caused by an injury or the eighth day of disability resulting from sickness. SECTION 5-4 Medical and Dependent Care Flexible Benefit Plans: 5-4.1 The City provides a flexible benefit plan which allows an employee to set aside pre-tax income for eligible medical and child care expenses and is available to all regular full time and benefit -earning part-time City employees. These plans provide employees with a choice among different combinations of medical care benefits, dependent care benefits and direct compensation. 5-4.2 Participants may designate a portion of their compensation as Pay Conversion Contributions. These contributions may be applied toward the following benefits: A. Medical Expense Reimbursement Plan - This plan has been established by the City to help provide more complete medical coverage for those employees who_participate in the Employer's flex plan and who choose to make contributions to a medical expense reimbursement account. It is intended to provide reimbursement of deductibles, co -payments, and coinsurance amounts that a participant may be required to pay, as well as reimbursement of other eligible medical and hospitalization expenses covered by this plan. 18 B. Dependent Care Assistance Plan - This plan has been established by the City for the benefit of employees who participate in the flex plan, and who choose to make contributions to a dependent care expense reimbursement account. It is intended to provide reimbursement for eligible expenses for the custodial care of a child or other eligible dependent when such custodial care is needed to enable the participant and his or her spouse (if applicable) to remain employed. 5-4.3 The Medical Expense and Dependent Care Plan Documents describe each benefit in detail. Participants are given a Summary Plan Description upon entering the Plan and the Plan document is retained on file in the City Finance Department for use by employees. SECTION 5 — 5 CONTINUATION OF BENEFITS 5-5.1 The City of Otsego, as required by law, provides continuation of benefits under Consolidated Omnibus Budget Reconciliation Act (COBRA) and Minnesota Continuation law. COBRA gives employees and their dependents that lose their health benefits due to a qualifying event the right to choose to continue group health benefits provided by their group plan for limited periods of time. Minnesota Continuation Law provides for continuation of group life insurance for a maximum of 18 months. An administrative fee may apply to continuation of benefits. 5-5.2 Except for new employees still completing their first six months of employment, the City may continue an employee's city -paid contribution to health and dental insurance benefits while an employee is on qualifying leave pursuant to the City's LTD plan. In no case shall the city's contribution for health and dental insurance during LTD leave exceed six (6) months from the commencement of the LTD leave. Any exceptions to this policy will require the approval of the Otsego City Council. 19 SECTION 6 - LEAVES OF ABSENCE SECTION 6-1 VACATION & PERSONAL LEAVE 6-1.1 Vacation: Vacation will accrue according to the following schedule for regular full-time employees: YEARS ACCRUAL PER VACATION IN OF EMPLOYMENT PAY PERIOD HOURS PER YEAR 0 through 1 year 1.54 hours 40 hours 2 through 5 years 3.08 hours 80 hours 6 through 9 years 4.62 hours 120 hours 10 through 14 years Eight hours additional for each year 15+ years 6.15 hours 160 hours The City Administrator can start a new employee at a higher vacation accrual rate subject to City Council approval. Changes in accrual rate will occur on the employee's anniversary date. Vacation accrual for regular part-time employees working 24 hours per week or more will be pro -rated based on scheduled hours. 6-1.2 Personal Leave: Employees will receive 40 hours of Personal Leave per year after their first year of employment (pro -rated for part-time benefit -earning employees). During the first year of employment, employees will receive a pro -rated amount based on the number of hours on payroll and the percentage of the calendar year they have worked. There shall be no accrual of Personal Leave. 6-1.3 Guidelines for Accrual of Vacation and Personal Leave: A. Both Vacation Leave and Personal Leave can be used for any reason. Vacation leave will normally be scheduled in advance with department approval. Personal leave should be scheduled in advance whenever possible. B. Employees may carry over up to 80 hours of vacation into the following anniversary year. On an exception basis, where an employee could not take vacation due to an exceptionally heavy workload or emergency, the City Administrator may approve up to an additional 40 hours of vacation for carry over into the following year. 20 C. There shall be no carry over for Personal Leave; it must be used by December 31 of each calendar year or it will be forfeited. Any exceptions to this policy must be approved by the City Administrator. D. An employee receiving payments under the City's STD or LTD insurance plan will not accrue vacation leave. Vacation Leave shall not be accrued by an employee during leaves of absence without pay. 6-1.4 Administration of Vacation and Personal Leave: The following procedures shall be followed in administering annual leave for regular full time and regular part time employees. A. Employees may not use Vacation in excess of the amount they have accrued. B. Vacation and Personal Leave cannot be transferred from one employee to another. C. Vacation Leave shall accrue during the probationary period. Vacation and Personal Leave shall not be available for use until after the first six months of employment D. Supervisors shall establish procedures for scheduling leaves giving consideration to the needs of the City services and the ability of the remaining staff to perform work responsibilities. E. Vacation Leave can be used in increments of one hour or more. F. Personal Leave may be used in no less than thirty (30) minute increments. G. When non-exempt employees work less than their scheduled hours, they are required to use paid leave to cover the number of hours missed in the workweek. They may not use leave time to go over 40 hours per week. When employees have used all eligible paid leave and compensatory time, any additional hours missed will be without pay. SECTION 6 - 2 HOLIDAYS The City observes the following nine (9) holidays to be official City holidays for regular (and probationary) full time and benefit -earning part-time employees if the holiday is on a regularly scheduled workday. Temporary and seasonal employees and part-time employees who are hired for less than 24 hours per week are not eligible for paid holidays. 21 New Year's Day (January 1 st) Martin Luther King, Jr.'s Birthday (3rd Monday in January) Presidents Day (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (First Monday in September) Veteran's Day (November 11th) Thanksgiving Holiday (Fourth Thursday in November) Christmas Day (December 25th) 6-2.1 Holiday pay shall be paid based on the normal hours worked per day. If an employee normally works 10 hours on that day, they will receive 10 hours. If they normally work 8 hours on that day, they will receive eight hours and so on. 6-2.2 Floating Holiday All regular full time employees will be eligible to receive one day or commensurate hours (dependent upon the number of regularly scheduled hours) of holiday leave, to be known as a floating holiday, which shall be taken at a time mutually agreed upon by the Employee, and their supervisor. A floating holiday shall not be scheduled on the same day as another holiday. A floating holiday must be used the year received or it will be lost. The floating holiday will be pro -rated for part-time benefit-eaming employees. 6-2.3 Holiday leave shall be administered according to the following: A. All official holidays shall be considered to commence at the beginning of the first shift on the day on which the holiday is observed and continue for twenty- four (24) consecutive hours thereafter. B. Probationary and regular full-time and part-time benefit-eaming employees will be entitled to receive pay for official holidays at their regular straight time pay provided they have worked their last scheduled day prior and their first scheduled day after the official holiday, or if they are using approved vacation leave, personal leave or compensatory time on those days. C. When a holiday falls upon a Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls upon a Sunday, the following Monday shall be observed as the holiday. D. Employees who are not scheduled to work on an official holiday because of working part-time or on a flex schedule will still receive holiday pay as described in B above. The City Administrator has the option to require the employee to take off another day that same week in lieu of paying for the additional hours. 22 6-2.4 Holiday Overtime: Non-exempt full-time, non-exempt benefit -earning part-time employees, temporary and seasonal employees who are required to work on an actual or observed holiday shall receive two times their regular hourly rate for all hours worked on that day. This holiday overtime will be paid in addition to any holiday pay eligible employees would have been entitled to had they not been required to work. SECTION 6 — 3 FAMILY AND MEDICAL LEAVE 6-3.1 In accordance with the Family and Medical Leave Act (FMLA), unpaid job protected leave will be granted to all eligible employees (male and female) for up to twelve (12) weeks per twelve (12) month period for any of the following reasons: A. Birth and care of a newborn child, pre -natal care or incapacity due to pregnancy, B. Placement of a child with the employee for adoption or foster care; C. To care for a spouse, son, daughter or parent who has a serious health condition; D. Inpatient Treatment; E. For a serious health condition, that makes the employee unable to perform the functions of the position; or F. Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. 6-3.2 Service Member Family Leave: An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a 12 -month period to care for the service member with a serious active -duty -related illness or injury (see definition below). The leave described in this paragraph shall only be available during a single 12 -month period. The leave is allowed once per service member and once per injury. 6-3.3 Under the FMLA, the following definitions apply: 23 "Caring" for someone includes psychological as well as physical care. It also includes acquiring care and sharing care duties. An eligible "son or daughter" is defined as a person under 18 years of age (or a person incapable of self-care because of a physical or mental disability) who is a biological, adopted, foster or step child, a ward of the employee, or a person with whom the employee is charged with a parent's rights, duties and responsibilities. For purposes of military qualifying exigency leave, the age limit is disregarded. An eligible "parent" includes a biological parent or a person who was charged with a parent's rights, duties and responsibilities over the employee when the employee was under the legal age, but doesn't include in-laws. The term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: A. inpatient care in a hospital, hospice, or residential medical care facility; or B. continuing treatment by a health care provider. The term "serious injury or illness", in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. FMLA is available for treatment of substance abuse when it qualifies as a "serious health condition" but not for an absence that was required because of use of a substance. The term "active duty" means duty under a call or order to active duty under a provision of law referred to in section 101 (a)(1 3)(B) of title 10, United States Code. The term "contingency operation" has the same meaning given such term in section 101(a)(13) of title 10, United States Code. The term "covered service member" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. 6-3.4 Eli ibili : An eligible employee is one who has worked for the City for a cumulative period of twelve (12) months and worked at least 1,250 hours for the City during the twelve (12) month period prior to requesting the leave. Military service shall count toward the twelve 24 month, 1,250 hour service requirement. Breaks in service for National Guard or Military Reserve duty shall also count toward the twelve (12) month, 1,250 hour requirement. 6-3.5 Lenoth Of Leave: A. The length of FMLA leave, except for Military Caregiver purposes is not to exceed twelve (12) weeks in any twelve (12) month period. The entitlement to FMLA leave for the birth or placement of a child expires twelve (12) months after the birth or placement of the child. The length of leave for Military Caregiver purposes is not to exceed 26 weeks in any twelve (12) month period. B. Combined Leave Total - During the single 12 -month period described above for Military Caregiver Leave, an eligible employee shall be entitled to a combined total of 26 workweeks of leave under A and B. Nothing in this paragraph shall be construed to limit the availability of leave under paragraph A during any other 12 -month period. 6-3.6 Leave Year: The leave year begins on the first day of an employee's leave and continues for 12 consecutive months thereafter for purposes of this policy. 6-3.7 Notice: The employee is to give verbal or written notice at least thirty (30) days prior to the date on which leave is to begin. The thirty (30) day notice requirement can be waived by the City if circumstances warrant. If an employee fails to give thirty (30) days notice for a foreseeable leave with no reasonable explanation for the delay, the leave may be denied until thirty (30) days after the employee provides notice. Planned medical treatment should be scheduled so that it will not unduly disrupt the City's operations. 6-3.8 Medical Certification: The employee may be required to submit medical certification to support a request for leave because of a serious health condition of a child, spouse, parent or the employee. A "Certification of Physician or Practitioner" form can be obtained from the Finance Department. It is to be completed by the attending physician or practitioner and submitted to the City Administrator within ten (10) days after requested, or as soon as is reasonably practicable. It must include enough facts to determine whether the certification is sufficient to warrant the leave of absence. 25 A. For an employee with a serious health condition, it will be sufficient if it states 1. the date on which the serious health condition commenced; 2. the probable duration of the condition; 3. the appropriate medical facts within the knowledge of the health care provider regarding the condition; B. For a leave for care for a son, daughter, spouse, or parent, it must provide an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent. C. In the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, it must include the dates on which such treatment is expected to be given and the duration of such treatment; D. In the case of certification for intermittent leave, or leave on a reduced leave schedule, for a chronic serious health condition, it must include a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and E. For intermittent leave, or leave on a reduced leave schedule, for the care of the son, daughter, parent, or spouse who has a serious health condition, it must show it is medically necessary to care for that family member, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule. F. The City may require a second (or third) opinion at the City's expense. If required, the City will select a health care provider not regularly associated with the City. 6-3.9 Re -certification: Re -certification may be required if the employee requests an extension of the original length approved by the City (up to a maximum of twelve (12) weeks) or if the employee's circumstances change. Re -certification 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. 26 6-3.10 Intermittent Leave: Leave requested because of a serious health condition of either a family member or the employee may be taken intermittently or on a reduced schedule if such leave is deemed to be medically necessary. All requests for intermittent leave will be evaluated on a case-by-case basis. Employees are required to make reasonable efforts to schedule leave that is foreseeable for planned medical treatment so the leave does not unduly disrupt City operations. The employer may require the employee to transfer temporarily to an alternative position, with equivalent pay and benefits that better accommodates the intermittent leave than the regular position. 6-3.11 Fitness For Duty Certification: The City may require a medical certificate attesting to the employee's fitness for duty prior to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of the job. The City Administrator may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the ADA (Americans with Disabilities Act). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. 6-3.12 Job Protection: Employees returning from Family and Medical Leave will be reinstated in their former position or a position equivalent in pay, benefits and other terms and conditions of employment. An employee's reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if an employee's position would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave. 6-3.13 Effect On Benefits: A. Health and Dental Insurance - An employee granted a leave under this policy will continue to be covered under the City's group health and dental insurance plan under the same conditions and at the same level of City contribution as would have been provided if they had been continuously employed during the leave period. If there are changes in the City's contribution levels while the 27 employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of all group insurance coverage, and the city's portion plus any required administrative fee, if applicable, for life insurance continuation, if continuation is desired. Employees must make arrangements with the Finance Department for payment of the employee's portion of premiums. If an employee's contribution is more than thirty (30) days late, the City may terminate the employee's insurance coverage (subject to COBRA requirements). B. Seniori - Seniority does not accrue during the period of unpaid Family and Medical Leave (except as allowed during a parental leave, USERRA or when the leave is covered by Worker's Compensation). However, seniority accrued prior to commencement of FMLA leave will not be lost. C. Use Of Accrued Compensatory Time Or Paid Leave During Family And Medical Leave - During the Family and Medical Leave, employees must use accrued compensatory time prior to taking an unpaid leave unless their medical condition/injury is covered by worker's compensation or disability insurance, or the absence qualifies under the State Parental Leave law (see Parental Leave Policy). Employees may use accrued vacation, if they so choose, after personal leave and compensatory time is exhausted. When personal leave and compensatory time have been exhausted, any remaining time will be unpaid except for vacation requested by the employee. D. Effect On Pension - FMLA leave counts as continued service for purposes of retirement or pension plans. E. Training - Employees who have missed training sessions while on FMLA leave will be given a reasonable opportunity to make them up. 6-3.14 Records Retention: Records on FMLA leave will be kept along with normal payroll records except that any medical record will be maintained separately as a confidential medical record in accordance with the law. 6-3.15 Failure To Return From FMLA Leave: A. Employees who cannot return from an approved Family and Medical Leave at the end of the approved leave period must request an extension (up to the 28 maximum of twelve (12) weeks allowed). If the twelve (12) allowable weeks have already been used, the employee can request to go on a regular unpaid leave of absence. If approved, the employee will be required to pay the full cost of all group insurance, as allowed under COBRA, in order to continue coverage. See exception to this rule under Section 5-5.2. B. If the unpaid leave of absence is not approved or the employee fails to request additional leave, the employee will be considered to have voluntarily quit in accordance with the Attendance Policy. C. If circumstances beyond the employee's control prevented the employee from requesting additional leave, a retroactive leave request may be allowed, subject to the City Administrator's approval. D. If an employee fails to return from an FMLA leave and is determined to have voluntarily quit as described above, the City may seek reimbursement from the employee for the portion of the premiums paid by the City on behalf of that employee during the period of leave. Section 6 - 4ADMINISTRATIVE LEAVE Under special circumstances, the City Administrator or City Council may, at the City's discretion, place an employee on an administrative leave pending the outcome of an internal or external investigation or criminal proceeding. The leave may be paid or unpaid, depending on the circumstances, as determined by the City Administrator. Section 6 — 5 ADVERSE WEATHER City facilities will be open during adverse weather. Due to individual circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early). Employees will be paid for hours worked. Public works maintenance employees would generally be required to report to work regardless of conditions. The City Administrator will decide whether conditions indicate a general excused absence for those unable to report to work due to the adverse weather. Employees shall take vacation, personal leave, floating holiday, compensatory time if eligible, or unpaid time. Decisions to cancel departmental programs (special events, after school programs, etc) will be made by the respective department head or his/her designee. Section 6 — 6 JOB RELATED INJURIES OR ILLNESS 6-6.1 All employees are required to immediately report all job-related illnesses or injuries to their supervisor immediately (no matter how minor). If a supervisor is not available and the nature of injury or illness requires immediate treatment, the 29 employee shall go to the nearest available medical facility for treatment and, as soon as possible, notify his/her supervisor (and the managed care provider) of the action taken. If the injury is not of an emergency nature, but requires medical attention, the employee shall report it to the supervisor and call the managed care provider to schedule a medical appointment. 6-6.2 Worker's Compensation benefits and procedures to return to work shall be applied according to applicable State and Federal laws, and requirements of the City's Worker's Compensation Administrator. 6 - 7 EMPLOYEES WITH HEALTH-RELATED WORK RESTRICTIONS 6-7.1 At times employees may require job modifications, a leave of absence, or other action due to an injury, illness or a medical or psychological condition preventing them from performing one or more of their required duties. Employees are responsible for notifying their supervisor of any need for job modification or leave of absence. Each situation will be evaluated on a case-by-case basis consistent with applicable State and Federal laws. Medical documentation may be required. 6-7.2 Job modification, leaves, or other action may also be required when the employee cannot safely perform the job. This includes situations where exposure to potentially harmful situations or substances is likely to jeopardize the health or safety of the employee, coworkers, or the public. It also includes situations where an employee's work performance - or other indications- lead a supervisor to objectively conclude that the employee may not be able to perform the job or parts of the job safely. 6-7.3 The City Administrator will advise supervisors and department heads as to appropriate actions to take and/or job modifications needed. Job modifications will normally be temporary in nature unless required to be otherwise by law. At times, an outside resource may be called to assist in determining appropriate action. This may include the employee's physician, a City -appointed physician or psychologist, or a rehabilitation or occupational medicine specialist. 6-7.4 Employees are responsible to notify the Finance Department of any change in status including changes in address, phone number, names of beneficiaries, marital status, etc. 6 - 8 PARENTING LEAVE 6-8.1 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 in 30 connection with the birth or adoption of a child. The leave may not exceed six weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. 6-8.2 Employees are not required to use personal leave or vacation during parental leave but may use either at their option for any period of this leave. 6-8.3 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 and City contributions will remain in effect during the six (6) week leave. 6-8.4 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 until eligibility for either leave expires. 6-8.5 Seniority will continue to accrue during the six (6) week parental leave for eligible employees. Employees, who are not covered under the law, may receive up to a maximum of two (2) weeks unpaid leave that is not adjusted for seniority with authorization of the department head and City Administrator. SECTION 6 - 9 EMERGENCY/FUNERAL LEAVE 6-9.1 Emergency/funeral leave may be granted to regular full time and benefit-eaming part-time City employees by the employee's immediate supervisor. To be eligible for emergency/funeral leave, an employee must furnish adequate proof that a death has occurred within the employee's immediate family or that a member of the immediate family suffers from a debilitating personal illness or accidental bodily injury such that his/her physical care requires the continuous presence of the employee. See also Family and Medical Leave. 6-9.2 The term "immediate family" shall include spouse, parents and step-parents, children, step -children, grandparents, and brothers and sisters of the employee or employee's spouse. Relatives of the employee other than those above listed shall not be considered members of the immediate family for the purposes of this policy. 6-9.3 Paid emergency/funeral leave may be granted for one or two workdays where the supervisor concludes such leave is warranted. SECTION 6 10 MILITARY LEAVE 6-10.1 Minnesota Statutes Section 192.26 and 192.261 provide that an employee of any municipality who is a member of the National Guard, the Naval Militia, the Officers Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval forces of the United States, is 31 entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time such employee is engaged in training or active service not exceeding a total of fifteen (15) days in any calendar year. 6-10.2 In accordance with State Law, the employee shall be granted an unpaid leave of absence when called to active duty. If an employee has not yet used their fifteen (15) days of paid leave when called to active duty, any unused paid time will be allowed prior to the unpaid leave of absence. 6-10.3 The leave of absence is only in the event the employee returns to employment immediately upon being relieved from military or naval 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 period allowed for the paid leave of absence. Notice shall be given the Employer at least fifteen (15) working days in advance of the requested leave. Notice may be waived under certain circumstances. 6-10.4 Returning reservists have the right to return to their jobs or another job of similar seniority, status, and pay upon completion of active duty in accordance with M.S. 192.261, Subd. 2 and 38 U.S.C. Section 2021 and 2024. 6-10.5 Employees on authorized military leave shall receive the difference between their normal salary and military pay for the approved period. The City cannot require that an employee on military leave use accrued paid leave. 6-10.6 Eligibility for continuation of insurance coverage will follow the same procedures as for any terminated or laid -off employee while the employee is on an unpaid leave of absence for active duty. In addition, military leaves of absence shall be considered work time for the purposes of vacation accrual. See also Section 6-3 Family and Medical Leave. SECTION 6-11 JURY DUTY LEAVE 6-11.1 Full time and benefit-eaming part-time employees shall be granted paid leaves of absence for required jury duty provided that such duty does not exceed one hundred twenty (120) hours in any one calendar year. Employees shall receive that portion of their regular straight time pay that will, together with their jury pay, equal their total compensation for the same period. The time spent on jury duty shall not be counted as time in computing overtime. Employees excused or release from jury duty during their regular working hours shall report to their supervisors immediately thereafter. 6-11.2 Employees shall notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of jury duty and pay form is completed by the clerk of the court each week so that 32 City will be able to determine the amount of compensation due for the period involved. 6-11.3 Temporary, seasonal and part-time employees working less than 24 hours per week are not eligible for compensation for absences due to jury duty. They can take a leave without pay with department head approval. 6-11.4 Court Appearances- Employees will be granted paid leave time to testify in Court only for City -related business. Any compensation received for court appearances (e.g. subpoena fees) arising out of or in connection with City employment, minus mileage reimbursement, must be turned over to the Finance Department. SECTION 6 —12 SCHOOL CONFERENCE LEAVE Any employee who has worked half-time or more for more than twelve (12) consecutive months, may take unpaid leave for up to a total of sixteen (16) hours during any school year to attend school conferences or classroom activities related to the employee's child (under 18 or under 20 and still attending secondary school), provided the conference or classroom activities cannot be scheduled during non -work hours. SECTION 6 —13 ELECTIONS/VOTING 6-13.1 An employee who is selected to serve as an election judge pursuant to M.S. Section 2046.21 subd. 2, will be allowed time off without pay for purposes of serving as an election judge, provided that the employee gives the City ten (10) days written notice. 6-13.2 All employees who are eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, shall be allowed time off with pay to vote during the morning of election day. SECTION 6 —14 LEAVE OF ABSENCE WITHOUT PAY 6-14.1 This section sets forth policy regarding leave without pay and shall generally be followed to promote fairness and consistency. However, nothing in this policy shall limit the City's authority to make additional reasonable accommodations as may be necessary and which do not result in hardship to the City. 6-14.2 Supervisors may, giving consideration to the needs of the City and the ability of the remaining staff to accomplish work responsibilities, authorize regular employees to be absent without pay for personal reasons for a period or periods up to a total of ten (10) working days in any calendar year. Requests for leave of absence without pay in excess of ten (10) days and up to 30 days in a calendar year, must be approved in advance by the City Administrator. Leave without pay 33 for 30 days or more must be approved by the City Council. Employees are not eligible for leave of absences beyond one year - including paid and unpaid leave time combined. 6-14.3 Employees shall request such leaves of absence without pay in writing in advance of the desired date indicating the reason(s) for absence, the specific absence period and anticipated date of return to work. The City Council may waive this requirement under extenuating circumstances. 6-14.4 Leaves of absence will not be given for the purpose of enabling any employee to work for another employer or to engage in any form of self-employment. Any employee who obtains a leave of absence by misrepresenting the purpose therefore shall be discharged. 6-14.5 While on approved leave of absence without pay exceeding ten consecutive working days, an employee will not receive city contributions to city-sponsored group insurance(s) unless the leave qualifies as parenting or family and medical leave. Employees will not be eligible for holiday pay or vacation accrual for unpaid leaves of absences. Nor will the time on leave of absence without pay be considered for purposes of calculating seniority where the period exceeds ten consecutive working days. Exceptions will be made for employees during active status with the armed forces pursuant to federal law.. 6-14.6 To qualify for leave without pay, an employee must first use all accrued vacation and compensatory time. Leave without pay for purposes other than medical leave, military leave or work-related injuries will be at the convenience of the City. 6-14.7 Employees returning from a leave without pay for a reason other than a qualified Parenting or Family and Medical Leave will be guaranteed return to the original position only for absences of thirty (30) calendar days or less. 6-14.8 Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons other than qualified Parenting or Family and Medical Leave, 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. See also Military Leave, Section 6 - 10. 6-14.9The City acknowledges these provisions are not intended to modify or replace any rights to any employee that are granted under State or Federal law. 34