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HomeMy Public PortalAbout09.05.2017 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, September 5, 2017 7:00 P.M. Medina City Hall 2052 County Road 24 Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the August 15, 2017 6 PM Special Council Meeting B. Minutes of the August 15, 2017 6:30 PM Special Council Meeting C. Minutes of the August 15, 2017 Regular Council Meeting V. CONSENT AGENDA A. Approve Right of Entry Agreement between the City of Medina and the Wilfred J. Cavanaugh Family Limited Partnership B. Approve Right of Entry Agreement between the City of Medina and Elaine H. Roy, Trustee C. Approve Wetland Replacement Plan for Medina Senior Housing VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. McDonalds — Setback Variance for Trash Enclosure Replacement — 822 Highway 55 —Public Hearing VIII. OLD BUSINESS A. Personnel Policy Amendments IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. ADJOURN Posted 9/1/2017 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: August 30, 2017 DATE OF MEETING: September 5, 2017 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Right of Entry Agreement between the City of Medina and the Wilfred J. Cavanaugh Family Limited Partnership — The City has identified certain infrastructure improvements necessary to support the development of the Subject Property, including the extension of a street and watermain from Mohawk Drive to Arrowhead Drive. For the City to carry out its due diligence in considering construction of the improvements, the City has requested permission from the owner to enter the property to conduct preliminary work. Staff recommends approval. See attached agreement. B. Approve Right of Entry Agreement between the City of Medina and Elaine H. Roy, Trustee — The City has identified certain infrastructure improvements necessary to support the development of the Subject Property, including the extension of a street and watermain from Mohawk Drive to Arrowhead Drive. For the City to carry out its due diligence in considering construction of the improvements, the City has requested permission from the owner to enter the property to conduct preliminary work. Staff recommends approval. See attached agreement. C. Approve Wetland Replacement Plan for Medina Senior Housing — The Medina Senior Living project consists of a 3-level senior housing building and medical clinic with underground parking, surface parking, and other related facilities. The final design and wetland replacement plan application was for 2,360 square feet (0.05 acre) of impact. The Technical Evaluation Panel agrees with the final replacement plan. Staff recommends approval. See attached replacement plan. VII. NEW BUSINESS A. McDonalds — Setback Variance for Trash Enclosure Replacement — 822 Highway 55 — Public Hearing — McDonald's has requested a variance to reduce the required setback for a replacement trash enclosure. The existing enclosure is being removed by Hennepin County in connection with the County Road 116 improvement project and needs to be relocated. The applicant proposes to relocate the enclosure and storage structure to the south of its existing location, northwest of the McDonald's building. This location would meet property line setbacks, but would not meet the setback requirement from the right- of-way which is being acquired by Hennepin County. See attached report. Recommended Motion: Move to direct staff to prepare a resolution granting variance approval to McDonalds based upon the findings noted in the staff report and subject to the conditions recommended by the Planning Commission. VIII. OLD BUSINESS A. Personnel Policy Amendments — Staff worked with Council Member Martin to incorporate the changes that were discussed at the August 15, 2017 Work Session. Staff is requesting final review and approval. See attached memo and policies. Recommended Motion: Move to approve the changes to the Personnel Policy. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 004276E-004293E for $65,037.93, order check numbers 046254-046322 for $163,003.28, and payroll EFT 0508106-0508132 for $47,081.60. • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 2 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF AUGUST 15, 2017 The City Council of Medina, Minnesota met in special session on August 15, 2017 at 6:30 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Ca11 to Order Members present: Mitchell, Anderson, Cousineau, Martin, and Pederson Members absent: Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi Gallup, Public Works Director Steve Scherer, Public Safety Director Ed Belland and City Planner Dusty Finke II. Personnel Policy Update Assistant City Administrator Jodi Gallup provided an update on the proposed amendments to the Personnel Policy. A thorough review of the policies has not occurred since 2011 and this is a Work Plan goal for 2017. The City Council directed staff to provide updated language under 4.30 Overtime & Compensatory Time and leave the vacation carry over amount at 120 hours. Adjournment Mitchell closed the meeting at 7.•03 p.m. Bob Mitchell, Mayor Attest: Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes 1 August 15, 2017 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 15, 2017 4 5 The City Council of Medina, Minnesota met in regular session on August 15, 2017 at 6 7:00 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell. 11 12 Members absent: None. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Jim Stremel, City Planner Dusty Finke, City Planning Consultant Nate Sparks, Public 16 Works Director Steve Scherer, Finance Director Erin Barnhart, and Chief of Police Ed 17 Belland. 18 19 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 20 21 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 22 The agenda was approved as presented. 23 24 IV. APPROVAL OF MINUTES (7:00 p.m.) 25 26 A. Approval of the August 2, 2017 Regular City Council Meeting Minutes 27 It was noted on page four, line five, it should state, "...reassured assured..." On page 28 four line 49, it should state, "...She stated that there is no other place else that is..." On 29 page five, line 35, it should state, "...only allow senior housing..." 30 31 Moved by Anderson, seconded by Cousineau, to approve the August 2, 2017 regular 32 City Council meeting minutes as amended. Motion passed unanimously. 33 34 V. CONSENT AGENDA (7:02 p.m.) 35 36 A. Appoint Andrew Scharf to Police Officer Position 37 B. Approve Job Description and Authorize Recruitment for Community 38 Service Officer Position 39 C. Resolution No. 2017-62 Granting Conditional Use Permit Approval to David 40 and Katherine Crosby for a Second Principal Dwelling at 2402 Hamel Road 41 Moved by Martin, seconded by Anderson, to approve the consent agenda. Motion 42 passed unanimously. 43 44 VI. PRESENTATIONS 45 46 A. Resolution No. 2017-63 Awarding the Sale of $1,235,000 General Obligation 47 Improvement Bonds, Series 2017A (7:03 p.m.) 48 Johnson introduced Shelly Eldridge from Ehlers. 49 50 Shelly Eldrige, Ehlers, stated that they received the bids today. She provided 51 background information regarding the no call date feature. She stated that two bids Medina City Council Meeting Minutes 1 August 15, 2017 I were received with very good rates. She reported that City staff participated in a rating 2 call with Moody's and advised that the City received an upgrade in their bond rating from 3 Aa2 to Aa1. She presented the City with a plaque for the upgraded bond rating and 4 congratulated the City. She stated that the interest rates were in turn a lot better than 5 expected. She stated that the low bid has an interest rate of 2.3 percent, which is lower 6 than the estimated interest rate of three percent. She stated that because of the lower 7 interest rate and other cost savings, they were able to lower the aggregate amount of the 8 bonds in the amount of $25,000. She stated that the winning bidder was Northland 9 Securities, who works with local banks and noted that Farmer's State Bank of Hamel 10 purchased the bonds and the City should thank them for the local support and low 11 interest rate. 12 13 Martin noted that the resolution does not reflect the terms of the final sale and confirmed 14 that the Council should direct staff to fill in the necessary information. 15 16 Moved by Martin, seconded by Anderson, to adopt resolution no. 2017-63 awarding the 17 sale of general obligation improvement bonds, series 2017A, in the original aggregate 18 principal amount of $1,235,000; fixing their form and specifications; directing their 19 execution and delivery; and providing for their payment and directing staff to amend the 20 resolution with the terms of the bond sale. Motion passed unanimously. 21 22 VII. COMMENTS (7:13 p.m.) 23 24 A. Comments from Citizens on Items not on the Agenda 25 Leslie Borg, 1400 Hamel Road, stated that the AutoMotorPlex project on Arrowhead 26 abuts her property and has been a nightmare. She stated that the construction hours 27 begin early and end late, outside of the allowed hours of construction. She stated that 28 on August 7th at 3:00 a.m. there was a delivery that lasted about one hour with loud 29 beeping noises. She stated that at 4:30 a.m. there were a lot of loud noises. She stated 30 that she was told by staff that it was most likely garbage trucks but she did not believe 31 that was the noise she heard. She stated that she obtained the number of the non- 32 emergency police and called when work was taking place after 8:00 p.m. She stated 33 that the police visited the site and were told by the worker that they had received 34 approvals to continue outside of the allowed hours. She stated that on the follow-up she 35 was told that oversized deliveries are only allowed between certain hours to minimize 36 impacts on traffic. She believed that the City should have considered these elements 37 when allowing this use. She expects the City to enforce the hours of construction and 38 not bend the rules or blame others. 39 40 Ben Rubin, Chief Operating Officer of Medina MP LLC, owner of Medina AutoMotorPlex, 41 stated that he was made aware of the delivery on August 7th and apologized. He stated 42 that the contractor was following the MnDOT restrictions but noted that he followed up 43 with the contractor and was reassured that the work would only occur during the 44 permitted hours. He stated that they want to be good neighbors and adhere to the City 45 ordinances. He stated that he welcomes anyone to call him if they are not working 46 within the allowed hours. He stated that it is his intention to be a good neighbor and 47 follow the rules in place. 48 49 Brad Buche, Arnt Construction, apologized to Ms. Borg. He stated that MnDOT 50 regulations allow for deliveries between midnight to 5:00 a.m. and this has been a Medina City Council Meeting Minutes 2 August 15, 2017 1 custom but he will not do that again. He stated that he has told his crew that they cannot 2 work outside the hours of construction. 3 4 Anderson asked if both men could give their contact information to Ms. Borg. 5 6 Mitchell stated that the City worked hard on this project and there were complications 7 with the closing but the City is serious about the regulations and asked the contractor to 8 obey the rules so that the City does not have to enforce punishments. 9 10 B. Park Commission 11 Scherer reported that the Commission considered the Lunski application for senior living 12 and recommended an easement for a trail. He stated that the Commission also 13 discussed ballfield lights and the Capital Improvement Plan. He stated that the 14 Commission will continue the ballfield lighting discussion and will also consider the 15 Excelsior Group Concept Plan at their next meeting. 16 17 C. Planning Commission 18 Planning Commissioner Reid reported that the Commission held a public hearing for the 19 Excelsior Group Concept Plan and reported that the Commission concluded that the 20 proposal does not meet the requirements for PUD or jump ahead as this is a typical 21 development and therefore does not meet the stipulations. She stated that the 22 Commission held a public hearing for Arrowhead Holdings and the Commission 23 recommended approval of the request. She stated that the Commission considered a 24 variance request from McDonald's for their trash enclosure and recommended approval. 25 She stated that the Commission then considered the Lunski request, which the 26 Commission had begun to review at the previous meeting. She noted that while most of 27 the revisions necessary had been made there were still issues with the wetland buffers, 28 setbacks and skyway. She noted that approval from the watershed would be needed. 29 She stated that the Planning Commission deferred that issue to the watershed. She 30 expressed concern with the white/light colored skyway as it would be very visible from 31 Highway 55 and was disappointed that changes were not made. She proposed an 32 additional condition that the skyway be diminished to blend with the surroundings. She 33 stated that the Commission recommended approval contingent on approval from the 34 watershed and changes be made to the skyway design. She stated that the 35 Commission also considered the landfill property ordinance to be consistent with the 36 MPCA and the possibility of areas of concern. She stated that several residents 37 expressed concern that labeling their property in an overlay district would impact their 38 property values. She stated that the Commission voted to continue the discussion at the 39 next meeting, directing staff to present alternatives that would not impact so many 40 private properties. 41 42 Pederson stated that he attended the meeting and commented that the city is blessed 43 with a great deal of experience on the Commission and thanked the Commission for the 44 great job they continue to do. 45 46 VIII. NEW BUSINESS 47 48 A. Arrowhead Holdings LLC — Preliminary/Final Plat; Lot Combination — 4101 49 Arrowhead Drive (7:28 p.m.) 50 Finke stated that the applicant is seeking to rearrange the lot line between OSI and the 51 vacant lot. He noted that there are two separate requests, the first would divide the Medina City Council Meeting Minutes 3 August 15, 2017 1 vacant property into two parcels and the second action would take the newly created 2 parcel and combine it with the OSI property. He noted that both properties are guided 3 as business in the draft Comprehensive Plan and reviewed the proposed guiding for 4 adjacent properties. He highlighted the division line and the portion that would then be 5 combined with the OSI property. He noted that the lots would meet the dimensional 6 standards. He noted that the park dedication fee for the outlot was deferred in 2009 and 7 therefore staff recommends that the park dedication fee be paid at this time at the 2009 8 rate. He stated that the Planning Commission recommended unanimous approval 9 subject to the conditions included in the staff report. 10 11 Pederson asked if the new addition would limit the off -site parking. 12 13 Adam Schlafke, OSI, stated that the intention is that the new lot would eliminate the 14 overflow parking that flows onto the road. He stated that Arrowhead Holdings owns 15 outlot A. He noted that the intention was to leave that for potential development for sale 16 in the future. 17 18 Finke stated that outlot A would meet the dimensional standards, although it is a 19 relatively small parcel. He noted that the parcel could connect to the stormwater system 20 at OSI, which does make it more developable. He confirmed that OSI could combine the 21 lot in the future through a similar process. 22 23 Martin asked how the City of Minneapolis comes into play. 24 25 Finke reported that the City of Minneapolis actually owns the property because of the 26 Commonbond program that was used to finance the project. 27 28 Mitchell stated that his position is that the City welcomes OSI to town and wants to see 29 the business succeed and be viable. 30 31 Martin asked if the City of Minneapolis has to sign the plat. 32 33 Finke explained that Arrowhead Holdings owns the outlot and therefore they will sign the 34 plat and the City of Minneapolis will accept the parcel. 35 36 Martin noted an inconsistency in the spelling of a word on the preliminary plat that will be 37 cleared up. 38 39 Anderson asked if this lot would provide adequate parking. 40 41 Schlafke replied that this should solve the parking issue. 42 43 Johnson noted that OSI also owns the lot to the north should they desire future 44 expansion. 45 46 1. Resolution No. 2017-64 Granting Preliminary and Final Plat 47 Approval for Cavanaughs Meadowwoods Park Second Addition 48 Moved by Martin, seconded by Anderson, to adopt resolution no. 2017-64 granting 49 preliminary and final plat approval of the Cavanaughs Meadowwoods Park Second 50 Addition. Motion passed unanimously. 51 Medina City Council Meeting Minutes 4 August 15, 2017 2. Resolution No. 2017-65 Granting Lot Combination Approval for 2 4101 Arrowhead Drive and Lot 1, Block 1, Cavanaughs 3 Meadowwoods Park Second Addition 4 Moved by Martin, seconded by Anderson, to adopt resolution no. 2017-65 granting 5 approval of the lot combination of 4101 Arrowhead Drive and Lot 1, Block 1, 6 Cavanaughs Meadowwoods Park Second Addition. Motion passed unanimously. 7 8 B. Medina Senior Living Community Rezoning, Preliminary Plat and Site Plan 9 Review (7:39 p.m.) 10 Sparks stated that this is a request with three applications related to the development. 11 He reviewed the property location, which is about 11 acres in size and reviewed the 12 requests which include rezoning, preliminary plat and site plan review. He stated that 13 the Concept Plan was reviewed by the Planning Commission and Council in February 14 but noted that was slightly different. He stated that the Council and Commission voiced 15 concern with the intensity of use on the site and noted that since then the intensity was 16 scaled down and the parking was increased. He stated that the site is currently guided 17 for commercial land use in the current Comprehensive Plan and is proposed as business 18 under the draft plan. He noted that the proposed rezoning of the applicant directly 19 corresponds to the draft Comprehensive Plan. He provided additional information on 20 zoning that would be appropriate under the existing Comprehensive Plan. He stated 21 that the Preliminary Plat would divide this parcel into three lots, all in over three acres in 22 size. He stated that Outlot A would contain the private street and would be owned by an 23 association that all three lots would be members of. He stated that the Park 24 Commission reviewed the Preliminary Plat and the Commission did not recommend land 25 for parks or trails and therefore recommended the full amount of cash in lieu. He noted 26 that there are private trails proposed on the site and potential credit could be given for 27 the trails if the trails were opened to the public. He stated that the City Engineer has 28 recommended a traffic study be done and noted that additional information has been 29 requested from the applicant. He noted that additional conditions were noted in the staff 30 report regarding participation in the future easterly extension of Chippewa and petition 31 and waiver for turn lanes if they are deemed necessary in the future. He reviewed the 32 mix of units proposed for the senior living building, noting that the business district allows 33 independent living associated with assisted living and memory care units. He noted that 34 the building would need to be maintained with at least 50 percent of assisted 35 living/memory care units. He noted that there would be interior parking proposed on the 36 first level. He provided details on the building height and architectural details and 37 proposed materials for both the senior living building and medical office building. He 38 also reviewed the proposed building setbacks. He provided information on the skyway, 39 noting that the ordinance does not specifically allow skyways as an encroachment and 40 therefore the City would need to amend the ordinance to allow that use. He stated that 41 the Planning Commission found the skyway to be acceptable but had concerns with the 42 design as it does not match the buildings and sticks out and should instead have a 43 muted tone. He stated that currently this site is heavily wooded and displayed the tree 44 survey. He noted that there is a certain allowance for removal which allows 45 infrastructure construction. He highlighted the allowed removal that would be approved 46 for the infrastructure and then the additional removal that would be done for the 47 development of the lot. He noted that the landscaping plan goes above and beyond but 48 they could not replant the necessary number of trees and therefore the applicant is 49 requesting off -site tree plantings. He reviewed the proposed signage and the parking. 50 He noted that there is shared parking proposed with the majority of the parking being 51 provided on the medical office building site. He stated that 216 stalls would be provided Medina City Council Meeting Minutes 5 August 15, 2017 1 and was found to be acceptable by the Planning Commission. He reviewed the 2 calculations used to determine adequate parking. He provided details on the wetlands 3 on the site and the buffers and setbacks that would be required. He noted that the 4 senior building would not meet the setback and buffer unless part of the wetland is filled 5 to create the additional space, which would require approval from the watershed. He 6 stated that it would be simpler if the applicant adjusted the site or size of the building. 7 He stated that the applicant provided a revised plan today and highlighted the 8 differences, moving the building away from the wetland with a result of six less parking 9 stalls. He noted that the adjustment would still not meet the full wetland buffer 10 requirement. He stated that the applicant may qualify for an average wetland buffer, but 11 noted that the revised plan has not been thoroughly reviewed by staff. He stated that 12 there are needs for association documents because of the shared private road, noting 13 that the documents would need to meet the requirements of the City Attorney. He noted 14 that the City Attorney has suggested revisions to the association documents and the 15 applicant does not object. He noted that there would also need to be documentation that 16 requires that the independent living units do not exceed 50 percent of the building as 17 that element cannot take over the use of the site. He stated that the Planning 18 Commission recommended approval of the request subject to the applicant resolving the 19 wetland buffer/setback issues. 20 21 Cousineau asked if the Fire Marshall has approved the building height. 22 23 Sparks stated that the Fire Marshall would provide input on fire suppression during the 24 building design. He confirmed that the setbacks for additional height would be provided. 25 26 Anderson asked if there was ever a discussion with the applicant about reducing the size 27 of the building. 28 29 Sparks noted that staff had that conversation but the applicant would like to keep the 30 same building scale. 31 32 Martin referenced the language that requires additional wetland protection measures if a 33 lesser buffer is applied. She stated that she was not seeing the additional protection 34 measures as it appears a typical buffer would provide better protection. 35 36 Sparks stated that the retaining walls around the bituminous path would direct the water 37 into the stormwater treatment. 38 39 Stremel stated that the retaining walls are not clear. He stated that the trail could be 40 graded in a manner which would push runoff away from the wetland and into stormwater 41 treatment. 42 43 Pederson asked if the trails would be open to the public. 44 45 Sparks replied that the trails are proposed as private but the applicant would be open to 46 making the trails public if credit is given. 47 48 Finke stated that the trails would be privately owned and maintained. 49 50 Pederson commented that would be a positive in getting pedestrians off of the roads that 51 do not have adequate shoulders in that area. He referenced the skyway and asked for Medina City Council Meeting Minutes 6 August 15, 2017 1 more information. He asked and received confirmation that if the wetland was filled, the 2 applicant would purchase wetland credits. 3 4 Martin stated that she has wondered about fire truck circulation on the site and asked if 5 an independent review has been done by the Hamel Fire Department and whether 6 another road should loop around the office medical building. 7 8 Sparks noted that there have been several iterations of this plan. He provided additional 9 details. 10 11 Martin stated that she does not understand how the use would be permitted in the 12 existing commercial designation of the property. 13 14 Sparks replied that the existing Comprehensive Plan designation is commercial and 15 reviewed the intended uses that would be allowed. He explained that the business 16 district can implement the strategy to allow assisted living/memory care units and noted 17 that there is some overlap of the business and commercial districts. He stated that the 18 Council would need to ask if the business district meets the intent of the commercial 19 guiding and if the rezoning was allowed, then this use could be allowed. He stated that 20 the draft Comprehensive Plan changes the guiding of the property to business. 21 22 Martin stated that she did not see how this use would fall within the commercial or 23 business district. 24 25 Sparks noted that this use would be allowed in the business and business park district. 26 27 Anderson stated that as a member of the Comprehensive Plan Steering Committee, he 28 cannot foresee how nursing homes would be a part of commercial or business areas. 29 He stated that he also struggles with how this use would fit into the zoning. 30 31 Mitchell noted that the applicant is requesting a zoning change. He noted that in the 32 draft Comprehensive Plan it was considered that this use would be allowed. 33 34 Martin noted that the draft Comprehensive Plan has not yet been approved and adopted 35 and asked if a Comprehensive Plan amendment would then be needed. 36 37 Batty stated that this would be a flexible approach that this would fit under both the draft 38 and existing Comprehensive Plan. 39 40 Sparks provided additional details on the proposed rezoning to either commercial 41 highway or business. He noted that this would be an allowed use in the business district 42 and there would be an overlap between the commercial and business districts. 43 44 Finke noted that both zoning districts share the same objectives and do have an overlap. 45 46 Mitchell briefly recessed the meeting at 8:35 p.m. 47 48 Mitchell reconvened the meeting at 8:39 p.m. 49 50 Dean Lunski, Lunski Inc., stated that they have been working with staff to resolve the 51 issues noting that the wetland issues were the last ones. He stated that they purchased Medina City Council Meeting Minutes 7 August 15, 2017 1 the property about 10 years ago and came forward with the Concept Plan in February. 2 He believed that this is a good project that is needed by the community. He noted that 3 his team is present to answer any questions. He stated that their traffic study states that 4 they do not impact Chippewa or the extension. He stated that they believe that they are 5 overparked on the site. He noted that following the February meetings they scaled down 6 the buildings and development. He apologized that they were not able to address the 7 comments on the skyway and would support making it more muted. 8 9 Mitchell noted that this would be dependent on rezoning and therefore that should be 10 discussed first. He noted that if this was going to move forward, the Council should ask 11 staff to prepare a resolution of rezoning in accord with the discussion so that the City can 12 work on the documentation while other parts of staff work on the details with the 13 applicant to avoid exceeding the review timeline. 14 15 Martin noted that the applicant could also grant an extension. 16 17 Sparks noted that the review period would go through October 16th 18 19 Mitchell reviewed the rationale that would support rezoning as it would fit well with the 20 draft Comprehensive Plan. He stated that the documentation needs to be carefully 21 thought out to ensure the correct calculations are used for the independent living ratio, 22 whether that is done based on units or square footage. 23 24 Cousineau stated that she would be concerned with the impact to the density numbers 25 and how that will impact the future. She stated that currently the City has guided for 256 26 units of high density units and these units would add additional units to the already 27 guided for units. 28 29 Martin noted that this would add more high -density units than specified by the 30 Metropolitan Council. 31 32 Cousineau stated that the City has committed to the community not to go over and 33 above what the City is responsible for under the Comprehensive Plan. She stated that 34 the City will be allotted more high density units if this continues to be allowed in these 35 zoning districts. She wanted to ensure that the Council is comfortable with this permitted 36 use in the business district as it turns over. 37 38 Martin stated that in her mind assisted living and independent senior living is different 39 than traditional high density living as it does not cause the same traffic and school 40 district impacts. She referenced parts of the Comprehensive Plan that speak to 41 providing housing for all phases of life for residents. She stated that her commitment 42 was to keep traffic off of Highway 55 and not burden the school district more and did not 43 feel that senior housing would be that impactful. She stated that by guiding this as 44 business that would not fit the Metropolitan Council high -density requirements. 45 46 Cousineau noted that independent seniors would still be driving their vehicles and count 47 towards population numbers. She agreed that assisted living and memory care would 48 have little impact. 49 50 Anderson agreed that while there would not be an impact to the school district, there 51 would be impacts on infrastructure and the independent seniors would be driving. He Medina City Council Meeting Minutes 8 August 15, 2017 I stated that there have been two applicants prior to this that have requested rezoning 2 prior to this and the Council had denied both on the basis that the applicant was asking 3 for rezoning while the draft plan is under review. 4 5 Pederson noted that typically this site would ask for access onto Highway 55 but this site 6 is not requesting that. He noted that this site will also help to build infrastructure that will 7 be needed for that area. He stated that an elderly waiver will also make a difference, as 8 that would be important to him, but noted that he did not hear anything about that. 9 10 Mitchell stated that apartment buildings are soaring in the Minneapolis area. He stated 11 that experts have said that this area would not be a good fit, while senior living would be 12 desirable. 13 14 Cousineau stated that if all of these parcels are opened up for senior living that would be 15 an exponential impact that would change the landscape of Medina. 16 17 Mitchell stated that the senior living facility would need to remain at least 50 percent 18 assisted living or memory care. 19 20 Cousineau stated that the remaining 50 percent of independent living would be 21 impactful. 22 23 Martin stated that the other permitted uses would have vehicles and traffic and asked the 24 difference. 25 26 Cousineau stated that it is more people all day every day, whereas businesses are here 27 during business hours. She stated that growth can look different, whether that is 28 commercial or residential. She stated that while there are employees for Polaris and 29 OSI, you do not see most of them as they are just driving through. She believed that this 30 would be counterintuitive. 31 32 Martin stated that the zoning would need to be considered first. 33 34 Mitchell stated that if the Council cannot find its way through the rezoning, then the 35 request would need to wait until the draft Comprehensive Plan is adopted and approved. 36 37 Martin stated that this property is unique and is not the same issue as the other requests 38 that have come forward as it would not change designation on high density parcels. 39 40 Anderson stated that he is having trouble finding a nexus between rezoning from 41 commercial to business because the business would allow this use. 42 43 Mitchell asked the location of the 20-car parking area. 44 45 Sparks identified the area. He noted that the 20 stalls would be proof of parking that 46 would not be built initially and would be built if needed in the future. 47 48 Mitchell asked and received confirmation that the parking islands would be large enough 49 to support trees. 50 51 Pederson asked for the number of underground parking stalls. Medina City Council Meeting Minutes 9 August 15, 2017 1 2 Martin replied that 81 of the stalls would be underground. She stated that this is a good 3 development because it helps extend infrastructure, would accommodate a perceived 4 need in the market, and is a nice layout that protects much of the wetland area. She 5 stated that this could be a good thing, especially with the contribution to the extension of 6 Chippewa Road in the future. She stated that she is respectful of the concerns of 7 Cousineau as this could be more impactful than a traditional business or retail use. 8 9 Mitchell stated that it is a nice building that would include medical services. 10 11 Cousineau stated that she is concerned with the number of facilities that could be 12 allowed under this justification. 13 14 Mitchell stated that when the Council discussed the Concept Plan in February there 15 were comments that the site would not have as many problems if it were smaller. He 16 appreciated that the applicant heard those comments and scaled down the 17 development. He noted that scaling the building smaller still would solve more 18 problems. He found it odd that there is no road that goes around the east sides of the 19 buildings, especially with the intended use and need for emergency vehicles. 20 21 Finke provided additional details on the multi -purpose of the trails. 22 23 Pederson asked if the Council might ask the applicant to further reduce the size of the 24 building as that would solve additional problems. 25 26 Martin stated that the reduction in wetland setbacks is permitted if the additional 27 measures further protect the wetland compared to a 20-foot setback. She asked if that 28 finding would be left to the watershed to make or whether the Council would need to 29 make that determination. She stated that if the retaining walls were going to direct the 30 runoff to the stormwater treatment and away from the wetland, that could be beneficial 31 but noted that the City would need proof of that. 32 33 Johnson stated that if the Council was comfortable with the rezoning, the Council could 34 direct staff to prepare the two resolutions. 35 36 Mitchell stated that he would like to hold off all three actions at once. 37 38 Martin stated that she would like to see the flexibility discussed in interpreting the 39 ordinances layered into the resolutions, specifically in the whereas statements. 40 41 Mitchell suggested that another resolution be added specifying why the rezoning would 42 be appropriate. 43 44 Martin noted that could be combined with the rezoning resolution but wanted to see 45 those statements more fully articulated. She also wanted to see the documents that 46 would be used to specify the mix of independent living units. 47 48 Batty noted that typically you would link all the actions to move forward together. He 49 was not sure that the agreement regarding the ratio for independent living units would fit 50 under the rezoning. 51 Medina City Council Meeting Minutes 10 August 15, 2017 1 Martin was concerned that a real estate covenant would go away after 30 years. 2 3 Batty noted that you do not know what will happen in 30 years and what the zoning will 4 look like in the future and perhaps you would not want to tie the hands of future Councils 5 for that length of time. 6 7 Anderson asked if the watershed should be asked for their input. He stated that he is 8 reluctant to move ahead without their input. 9 10 Johnson noted that it is kind of a chicken and the egg situation as the watershed is 11 waiting to hear from the Council as well. 12 13 Mitchell noted that the Council can direct staff to move forward working with the 14 applicant and other agencies to work out the details before this comes back to the 15 Council. 16 17 Batty stated that typically the package would start out with an ordinance for rezoning. 18 He agreed that extra time should be spent identifying the complicated path that shows 19 consistency between the existing zoning and proposed zoning. He noted that the 20 rezoning would then not become effective until the final plat is approved. He noted that 21 preliminary plat includes a list of items that have to be completed before final plat 22 approval can be issued. 23 24 Moved by Mitchell, seconded by Martin, to direct staff to prepare a resolution granting 25 rezoning with the appropriate justification and the statement that rezoning would not 26 become effective unless the final plat is approved. Motion passed 3-2 (Cousineau and 27 Anderson opposed). 28 29 Moved by Mitchell, seconded by Martin, to direct staff to prepare a resolution granting 30 preliminary plat approval subject to the conditions noted in the staff report. Motion 31 passed 3-2 (Cousineau and Anderson opposed). 32 33 Moved by Mitchell, seconded by Martin, to direct staff to prepare a resolution granting 34 site plan review approval, but only upon receipt and review of plans from the applicant 35 which reduce the wetland impacts and address comments of the Elm Creek Watershed 36 and City Engineer. Motion passed 3-2 (Cousineau and Anderson opposed). 37 38 Pederson asked when this would come back. 39 40 Mitchell noted that he will be absent the first meeting in September. 41 42 Johnson noted that staff will try to bring this back at the second meeting in September. 43 44 C. Highway 55 Watermain Discussion (9:26 p.m.) 45 Johnson stated that in 1985 the City installed a watermain under TH 55. He noted that 46 there have been recent issues and with the widening of TH 55 there have been issues 47 with maintenance. He stated that staff would like to discuss opportunities for looping the 48 watermain. 49 50 Scherer stated that he has been working with City Engineer Stremel on this and they 51 have decided to split the matter into two topics. He noted that he will speak to the Medina City Council Meeting Minutes 11 August 15, 2017 1 operational side while Stremel will speak to the more technical side. He stated that as 2 the infrastructure ages they continue to have problems and as the highway has been 3 widened there are problems with accessing the pipe. 4 5 Stremel stated that the information was provided in the Council packet and therefore he 6 does not want to take up a lot of time with a presentation. He stated that the corrosive 7 soils are causing problems with the pipe. He provided pictures from the last watermain 8 break, noting that the surface is continuing to deteriorate. 9 10 Scherer stated that the most recent watermain was very impactful, with 80 pound of 11 water pressure. He explained that this faces the driving lane and not the ditch and 12 therefore takes out the driving lane. He stated that by the time they were able to shut 13 down the water, there was a void of about two or three vehicles in the blacktop. He 14 noted that if that were to happen in the middle of the night, the water tower could be very 15 low and nothing would be left to supply water to the other side of town. 16 17 Stremel identified the area of concern with corrosion issues. He identified potential 18 looping opportunities that would help to provide redundancy. 19 20 Anderson asked for more information on where staff would like to run the pipe to and 21 from. 22 23 Scherer provided information on opportunities that have arisen with development and 24 additional opportunities depending on right-of-way. 25 26 Mitchell stated that it seems that the Council will need to consider this as most municipal 27 water systems are looped, not only to provide service to different areas but also to 28 provide redundancy. 29 30 Scherer noted that this pipe is breaking and there is not even really a way to work on it 31 because of its location. He asked whether staff should review the feasibility and options 32 for funding. 33 34 Mitchell stated that it seems that the City should run the waterline from Arrowhead west 35 to Mohawk with the future Chippewa road extension and further west to Willow, which 36 would create the loop. He stated that the second aspect would be what would be done 37 with the existing line along TH 55, whether the City continues to repair that or whether 38 an alternate route is identified for that line. 39 40 Scherer noted that the nice thing about the TH 55 line is that there are not that many 41 connections along that line. 42 43 Barnhart provided input on financing. 44 45 D. Resolution No. 2017-66 to Contract with a Council Member (Hwy 55 Rental 46 for Medina Celebration Day) — (9:42 p.m.) 47 Pederson recused himself from the discussion. 48 49 Johnson stated that this is a housekeeping item and the City contracts with Highway 55 50 Rental, of which Pederson is a part owner, for the Medina Celebration Day. 51 Medina City Council Meeting Minutes 12 August 15, 2017 Moved by Anderson, seconded by Martin, to adopt Resolution No. 2017-66 to Contract 2 with a Council Member. Motion passed unanimously. 3 4 Pederson rejoined the Council. 5 6 IX. CITY ADMINISTRATOR REPORT (9:42 p.m.) 7 Johnson presented the letter for Suzanne Van Cleaf for her 15 years of service to the 8 community as discussed at the August 2nd meeting. 9 10 Mitchell presented the letter to Suzanne Van Cleaf. He stated that the City values her 11 services. 12 13 X. MAYOR & CITY COUNCIL REPORTS (9:43 p.m.) 14 Martin stated that she and Finke met with the Palms the previous week and had a fruitful 15 discussion. She stated that she met with representatives from the Hamel Fire 16 Department this past week and noted that the organization seems to be doing well with 17 two new hires. She stated that she, Belland and Johnson attended the Loretto Fire 18 Department presentation today and that organization is also doing well, with two new 19 hires as well. She stated that all the fire departments managed to double the aide they 20 receive from the State for training, which is great. She provided additional information 21 on the fire department response times reflective of drug overdose situations and the 22 cooperation with the police. 23 24 Xl. APPROVAL TO PAY THE BILLS (9:46 p.m.) 25 Moved by Anderson, seconded by Cousineau, to approve the bills, EFT 004250E- 26 004275E for $55, 778.66, order check numbers 046195-046253 for $212,218.39, and 27 payroll EFT 0508075-0508105 for $47,955.79. Motion passed unanimously. 28 29 XII. ADJOURN 30 Moved by Anderson, seconded by Martin, to adjourn the meeting at 9:47 p.m. Motion 31 passed unanimously. 32 33 34 35 Bob Mitchell, Mayor 36 Attest: 37 38 39 Scott Johnson, City Administrator Medina City Council Meeting Minutes 13 August 15, 2017 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF AUGUST 15, 2017 The City Council of Medina, Minnesota met in special session on August 15, 2017 at 6:00 p.m. in the Medina City Hall. I. Call to Order Members present: Anderson, Cousineau, Martin, Mitchell, and Pederson Members absent: None Also present: City Administrator Scott Johnson, City Attorney Ron Batty, and League of Minnesota Cities Appointed Attorney Justin Templin II. Closed Session: Cousineau made a motion to adjourn to closed session at 6:02 p.m. to discuss ongoing litigation matter specifically Ellis Olkon and Nancy Olkon V. City of Medina, pursuant to Minn. Stat. Sec. 13d.05, Subd. 3(b). The motion was seconded by Anderson and approved unanimously. Anderson made a motion to for the Council to return to open session at 6:23 p.m. The motion was seconded by Cousineau and approved unanimously. III. Adjournment The meeting was adjourned at 6:24 p.m. Bob Mitchell, Mayor Jodi M. Gallup, City Clerk Medina City Council Special Meeting Minutes August 15, 2017 This Page Intentionally Left Blank Medina City Council Special Meeting Minutes August 15, 2017 Agenda Item # 5A RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made on this day of , 2017, by and between the city of Medina, a Minnesota municipal corporation (the "City") and The Wilfred J. Cavanaugh Family Limited Partnership, a Minnesota limited partnership (the "Owner"). Recitals A. The Owner is the fee owner of the real estate located north of Highway 55, east of Mohawk Drive, which land is legally described in Exhibit A attached hereto (the "Subject Property"). B. The City has identified certain infrastructure improvements necessary to support the development of the Subject Property, including the extension of a street and watermain from Mohawk Drive to Arrowhead Drive (the "Improvements"). In order for the City to carry out its due diligence in considering construction of the Improvements, the City has requested permission from the Owner to enter the Subject Property to conduct preliminary work related thereto. C. The Owner desires to permit the City, its agents, employees, contractors and invitees to enter upon the Subject Property in order to facilitate the preliminary work related to potential construction of the Improvements. Agreement NOW, THEREFORE, in consideration of their mutual promises and obligations, the parties hereto hereby agree as follows: 1. Right of Entry. The Owner hereby grants the City, its agents, employees, contractors and invitees permission to enter upon a designated portion of the Subject Property (the "Easement Area") at its discretion for the purpose of surveying, taking soil borings, and conducting such additional tests and inspections as it may deem desirable to gather necessary data to determine the feasibility of and to prepare plans for the Improvements. The Easement Area is described in Exhibit B attached hereto. The Owner represents and warrants to the City that the Owner is the fee owner of the Subject Property and has the sole and exclusive authority and right to enter into this Agreement. Following completion of its work, the City agrees restore the Subject Property to the condition existing prior to the work. 2. Indemnification of Owner. In consideration for such Right of Entry, the City agrees to and shall indemnify, defend and hold harmless the Owners, their agents, officers and employees from and against any action, claim, damage, liability, loss, cost or expense, including without limitation attorneys' fees and costs, resulting from: (a) any liens which may be attached to the Subject Property for labor or materials provided by or at the request of the City; (b) injury to or death of persons; (c) property damage; or (d) any claim, damage, action, loss or destruction caused 1 by the City's agents or contractors in connection with the City's entry onto the Subject Property pursuant to this Agreement. 3. Term. This Agreement shall commence on the date first above written and shall continue in full force and effect until December 31, 2018. 4. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of Minnesota. 5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 6. Notices. All notices, demands or other communications under this Agreement shall be effective only if made in writing and transmitted by U.S. certified mail, return receipt requested, postage prepaid or hand delivered to: a) As to City: With a copy to: City of Medina 2052 County Road 24 Medina, MN 55340 Attn: City Administrator Ronald H. Batty Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 b) As to the Owner: Wilfred J. Cavanaugh Family LP 3320 Lanewood Lane Plymouth, MN 55447 7. Amendment. This Agreement may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formality followed for the execution of this Agreement. ************************** 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in their names and behalves and on or as of the date and year first above written. OWNER The Wilfred J. Cavanaugh Family Limited Partnership 3 THIS INSTRUMENT DRAFTED BY: City of Medina 2052 County Road 24 Medina, MN 55340 CITY OF MEDINA By: Bob Mitchell, Mayor By: Scott T. Johnson, City Administrator 4 EXHIBIT A Legal Description of Subject Property The Subject Property is legally described as follows: The Northwest Quarter of the Southeast Quarter {INTW°/# SlE'/4) of motion 3, Tvv+raship 118 North, Range 23, except the West 468 feet thereof, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Torrens Certilacate No. 441063 AND That ,part of the Northeast Quarter of the Southeast Quarter (NEK SE1) lying Wes- of a line extending from the: Southwest corner of the Northeast Quarter of the: Southeast Quarter (NE1/4 SE1/4) to a point on the North Buie of the Northeast Quartet of the Southeast Quarter (NE1..4 SPA) 660 feet West along said North lira from the Northeast corner of the Northeast {Quarter of the Southeast Quarter (NEV4 SELA), all in Section 3, Township 118, Range 23, according to the United States overnmen Survey thereof aid situate in Hennepin County, rvlinnesota. Torrens Certificate No_ 4411)64 A-1 EXHIBIT B Legal Description of Easement Area The Easement Area is described as follows: The northern 75 feet of the following legally described property: The Northwest Quarter of the Southeast Quarter (NW'/4 Sly'/.) of Section 3, Township 118 North, Range 23, except the Vilest 468 feet thereof, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Torrens Certificate No. 441063 AND That part of the Northeast Quarter of the Southeast Quarter (NEE• ti?E14) lying VJM of a line extending from. the Southwest corner of the Noutheast {quarter of the Southeast Quarter (NE1/4 5E'/4) to a print on the North line of the Northeast Quartet of the Southeast Quarter (NEl/ SPA) 660 feet West along said North line from the Northeast corner of the Northeast waster of the Southeast Quarter JEVi SE1/4j, all in Section 3, Township 118, Range 23, warding to the United States Governmen. Survey taereof and situate in Hennepin County, Miinnesota. Torrens Certificate Nr_ 441064 B-1 Agenda Item # 5B RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made on this day of , 2017, by and between the city of Medina, a Minnesota municipal corporation (the "City") and Elaine H. Roy, Trustee of the Disclaimer Trust created under the Rayburn L. Roy Revocable Intervivos Trust Agreement u/a dated October 29, 2003 and Elaine H. Roy, Trustee of the Elaine H. Roy Revocable Intervivos Trust Agreement u/a dated October 29, 2003 (collectively, the "Owner"). Recitals A. The Owner is the fee owner of the real estate located at 1952 Chippewa Road, which land is legally described in Exhibit A attached hereto (the "Subject Property"). B. The City has identified certain infrastructure improvements necessary to support the development of the Subject Property, including the extension of a street and watermain from Mohawk Drive to Arrowhead Drive (the "Improvements"). In order for the City to carry out its due diligence in considering construction of the Improvements, the City has requested permission from the Owner to enter the Subject Property to conduct preliminary work related thereto. C. The Owner desires to permit the City, its agents, employees, contractors and invitees to enter upon the Subject Property in order to facilitate the preliminary work related to potential construction of the Improvements. Agreement NOW, THEREFORE, in consideration of their mutual promises and obligations, the parties hereto hereby agree as follows: 1. Right of Entry. The Owner hereby grants the City, its agents, employees, contractors and invitees permission to enter upon the Subject Property at its discretion for the purpose of surveying, taking soil borings, and conducting such additional tests and inspections as it may deem desirable to gather necessary data to determine the feasibility of and to prepare plans for the Improvements. The Right -of -Entry shall apply over the Subject Property as decribed in Exhibit A attached hereto. The Owner represents and warrants to the City that the Owner is the fee owner of the Subject Property and has the sole and exclusive authority and right to enter into this Agreement. Following completion of its work, the City agrees restore the Subject Property to the condition existing prior to the work. 2. Indemnification of Owner. In consideration for such Right of Entry, the City agrees to and shall indemnify, defend and hold harmless the Owners, their agents, officers and employees from and against any action, claim, damage, liability, loss, cost or expense, including without limitation attorneys' fees and costs, resulting from: (a) any liens which may be attached to the Subject Property for labor or materials provided by or at the request of the City; (b) injury to or 1 death of persons; (c) property damage; or (d) any claim, damage, action, loss or destruction caused by the City's agents or contractors in connection with the City's entry onto the Subject Property pursuant to this Agreement. 3. Term. This Agreement shall commence on the date first above written and shall continue in full force and effect until December 31, 2018. 4. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of Minnesota. 5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 6. Notices. All notices, demands or other communications under this Agreement shall be effective only if made in writing and transmitted by U.S. certified mail, return receipt requested, postage prepaid or hand delivered to: a) As to City: With a copy to: City of Medina 2052 County Road 24 Medina, MN 55340 Attn: City Administrator Ronald H. Batty Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 b) As to the Owner: Elaine H. Roy 11421 Eidelwiss St. NW Coon Rapids, MN 55433 7. Amendment. This Agreement may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formality followed for the execution of this Agreement. ************************** 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in their names and behalves and on or as of the date and year first above written. OWNER Elaine H. Roy, Trustee 3 THIS INSTRUMENT DRAFTED BY: City of Medina 2052 County Road 24 Medina, MN 55340 CITY OF MEDINA By: Bob Mitchell, Mayor By: Scott T. Johnson, City Administrator 4 EXHIBIT A Legal Description of Subject Property The Subject Property over which this Right -of -Entry Agreement applies is legally described as follows: That part of the South Half of Northeast Quarter of Section 3, Township 118, Range 23, Hennepin County, Minnesota, lying Northwesterly of the following described line: Commencing at the southeast comer of said South Half of the Northeast Quarter; thence Forth 01 degrees 13 minutes 50 seconds East can an assumed bring along the east line of South half a distance of 833.09 feet to the point of beginning of the Erie to be described; Thence South 22 degrees 09 minutes 09 seconds West a distance of 86.32 feet; thence Southerly 173.73 feet along a tangential curve eon:eave southeasterly, having a central angle of 11 degrees 25 minutes 46 seconds and a radius of 870.89 feet; thence South 10 degrees 43 minutes 23 seconds Nest, tangent to said curve, a distance of 534,34feet; thence southerly 29.99 feet along a tangential curve concave easterly, having a central angle of 10 degrees 06 minutes 25 seconds and a radius of 170.00 feet; thence South 04 degrees 36 minutes 58 seconds West, tangent to said curve, a distance of 30.00 feet to the south Line of said South Half and said lime there terminating, A-1 B-1 Agenda Item # 5C WSB Associates. Inc. engineering • planning • environmental • construction Memorandum To: Honorable Mayor Mitchell and Medina City Council Members From: Alison Harwood, WSB & Associates CC: Dusty Finke, City of Medina Date: August 31, 2017 Re: Medina Senior Housing — Wetland Replacement Plan City Project No. WR-17-086 WSB Project No. 010310-000 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-5414800 Fax: 763-541-1700 The Medina Senior Living project consists of a 3-level senior housing building and medical clinic with underground parking, surface parking, and other related facilities. The construction of a driveway and trail that will serve the proposed senior living facility will impact approximately 2,360 square feet (0.05 acre) of wetland. Replacement is proposed at a 2:1 ratio through wetland banking credits. 0.11 acre of shallow -open water wetland credit will be purchased from bank no. 1389, located in Hennepin County, Major Watershed 19, and Bank Service Area 7. The application was noticed to the Wetland Conservation Act Technical Evaluation Panel on August 8, 2017. Comments were allowed until August 30, 2017. The TEP had several comments on the initial design, which resulted in 0.14 acre of wetland impact. Much of the 0.14 acre of impact resulted from fill for upland buffer. These comments, and recommended design changes, were shared with the applicant who ultimately revised their design to eliminate approximately 0.09 acres of impact. The final design and wetland replacement plan application was for 2,360 square feet (0.05 acre) of impact. The TEP were in agreement with the final replacement plan. On behalf of the City of Medina, Local Government Unit for the Wetland Conservation Act, I recommend that the City Council approves the wetland replacement plan for the Medina Senior Housing project. A Notice of Decision is attached for review and signature. Attached Notice of Decision Equal Opportunity Employer wsbeng.com UdCtyAdmin\CC PACKET - SEPT 5\CA Approved \SC - MEMO - Medina Mayor & CC - NOD - DRAFT.doox Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) City of Medina Address 2052 County Road 24, Medina, MN 55340 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Application Lunski, Inc. 1416 Main Street Hopkins, MN 55343 Medina Sr. Housing 6/22/2017: Incomplete Received complete 8/7/2017 Number WR-17-086 (10310-000) (c/o Jay Hill, Hill Engineering) // Attach site locator map. Type of Decision: ❑ Wetland Boundary or Type ❑ No -Loss ® Replacement Plan ❑ Exemption ❑ Banking Plan ❑ Sequencing Technical Evaluation Panel Findings and Recommendation (if any): ® Approve ❑ Approve with conditions ❑ Deny Summary (or attach): A TEP meeting was held on August 22, 2017 to review the replacement plan application. The TEP Findings Report is attached. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 09/05/2017 ® Approved ❑ Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): Lunski, Inc. has applied for a replacement plan for impacts associated with the construction of a new senior living facility in Medina, MN (Section 13, Township 118N, Range 23W). The proposed project consists of a 3-story senior housing building and medical clinic building with underground parking, surface parking and other related facilities. The original design resulted in wetland fill in the amount of 0.14 acres to a single wetland. In response to comments from the TEP, the applicant revised the design and reduced the amount of impact to 2,360 square feet. Wetland impacts are proposed to be mitigated for at a 2:1 ratio through wetland banking from bank 1389 located within Hennepin County, Major Watershed 19, Bank Service Area 7. BWSR Forms 7-1-10 Page 1 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for 1389 7 Hennepin Withdrawal (sq. ft. or nearest .01 acre) 0.11 acres Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project -specific replacement that is not in -advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project -specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Alison Harwood Title Senior Environmental Scientist Signature Date 09/06/2017 Phone Number and E-mail 763-231-4847 aharwood@wsbeng.com THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ❑ Appeal of an LGU staff decision. Send petition and $500 fee (if applicable) to: City of Medina 2052 County Road 24 Medina, MN 55340 ® Appeal of LGU governing body decision. Send petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 7-1-10 Page 2 of 3 4. LIST OF ADDRESSEES ® SWCD TEP member: Stacey Lijewski ® BWSR TEP member: Ben Meyer ❑ LGU TEP member (if different than LGU Contact): ® DNR TEP member: Becky Horton ❑ DNR Regional Office (if different than DNR TEP member) ® WD or WMO (if applicable): Jim Kujawa, Jason Swenson ® Applicant (notice only) and Landowner (if different) Lunski, Inc. Members of the public who requested notice (notice only): Jay Hill, Hill Engineering; Dusty Finke ® Corps of Engineers Project Manager (notice only) Melissa Jenny ❑ BWSR Wetland Bank Coordinator (wetland bank plan applications only) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA_areas.pdf ➢For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.pdf ➢Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 2115 Birchmont Beach Rd. NE Bemidji, MN 56601 Reg. Env. Assess. Ecol. Div. Ecol. Resources 1201 E. Hwy. 2 Grand Rapids, MN 55744 Reg. Env. Assess. Ecol. Div. Ecol. Resources 1200 Warner Road St. Paul, MN 55106 Reg. Env. Assess. Ecol. Div. Ecol. Resources 261 Hwy. 15 South New Ulm, MN 56073 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnednr_regions.pdf ➢For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP-R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: ® TEP Findings Report BWSR Forms 7-1-10 Page 3 of 3 Minnesota Wetland Conservation Act Technical Evaluation Panel Findings Report Date(s) of Site Visit/Meeting: County: Project Name: Location of Project: (attach map if possible) TEP ATTENDEES: LGU: Alison Harwood August 22, 2017 LGU: City of Medina Hennepin LGU Contact: Alison Harwood Medina Sr. Housing Phone #: 763-231-4847 Email Address: PID-03-118-23-32-0007 SWCD: Stacey Lijewski BWSR: DNR: OTHER ATTENDEES: Jason Swenson, Hennepin County Dusty Finke, City of Medina Jay Hill, Hill Engineering (applicant) - aharwood@wsbeng.com OTHER ATTENDEES: PROJECT DESCRIPTION AND PURPOSE OF MEETING: The proposed project consists of a 3-story senior housing buildling and medical clinic with underground parking, surface parking, trails, and other related facilities. Wetland impacts are resulting from the construction of a private drive and trail. Several design revisions have been submitted by the applicant, the latest of which (August 21 2017) included 3,518 sf of wetland impact (2,410 sf from the roadway and 1,108 sf from upland buffer construction). The purpose of the meeting was to review the proposed design and impacts related to the upland buffer. The LGU and TEP discourages fill in wetlands for the purpose of creating upland buffer. TYPE OF MEETING: Check all applicable ® Office ❑ On -Site ❑ Phone Conference ❑ E-Mail ❑ Other: TEP FINDINGS AND RECOMMENDATIONS 1: The applicant's understanding of the buffer rules were that the City required a 20-foot upland buffer and the Elm Creek Watershed Management Commissison (WMC) required a 10-foot upland buffer. The City of Medina concluded that based on Medina City Code 828.43 Subd. 10 (b), upland buffer would not be required if it were to result in additional wetland fill, but the loss of wetland buffer shall be required elsewhere along the edge of the wetland to meet the overall area of the required buffer. Elm Creek WMC rules state that "If a municipality has a buffer strip requirement that has been reviewed and approved by the Commission, the municipal regulation shall have precedence over the Commission's Rules". Based on this, the Elm Creek WMC buffer would not apply in the area of the wetland where impact was previously proposed. The loss of wetland buffer will be required elsewhere along the edge of the wetland to meet the overall area of the required buffer. The TEP discussed several alternatives to the proposed design, including: (1) boardwalks, (2) pervious pavers/woodchip trail, (3) elminating the trail section, and (4) shifting the trail nearer to the driveway. Based on the stated needs of the project to provide a safe and accessible non -motorized pathway between the senior living center, medical center, and 1 TEP Findings should be a meaningful concise summary detailing the project conditions, technical data, and what rules apply. The TEP recommendation should be clear,based on rule and best professional judgement. Rev. 12/17/2013 county trail network) alternatives 1-3 were determined to not be feasible. Alternative (4) was also not preferred as it would create challenges for snow removal in the winter. The TEP agrees that the roadway has been placed in the location that minimizes wetland impacts to the greatest extent and that the sidewalk impacts are allowable given the need for safe and accessible non -motorized access. Given the exemptions to the upland buffer requirements for both the city and Elm Creek WMC, the applicant will revise the site plan to exclude the upland buffer located east of the retaining wall. Revised wetland impacts are anticipated to be 2,410 square feet. The applicant will submit a revised, signed, WCA joint application by August 25, 2017. Any additional comments are due to the LGU by 4:30 pm on Wednesday, August 30, 2017. SIGNATURES (C/1614.2c CD Repre SW tive Do not concur 8/28/2017 Date BWSR Representative Do not concur Date LGU Representative Date DNR Representative Date Do not concur ❑ Do not concur 1 TEP Findings should be a meaningful concise summary detailing the project conditions, technical data, and what rules apply. The TEP recommendation should be clear,based on rule and best professional judgement. Rev. 12/17/2013 Agenda Item # 7A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: August 28, 2017 MEETING: September 5, 2017 City Council SUBJ: McDonalds — Setback variance for trash enclosure replacement - 822 Highway 55 — Public Hearing Review Deadline Application Received: July 7, 2017 120-day Review Deadline: November 5, 2017 Summary of Request McDonald's has requested a variance from the required setback in order to construct a trash enclosure and storage building to replace an existing enclosure and building which is being removed in connection with the construction of the County Road 116/Highway 55/Clydesdale Trail road project. The subject site is located at the northwest corner of Highway 55 and County Road 116 and is 2.24 acres in size. Hennepin County is attempting to acquire a portion of the property for roadway right-of-way in order to construct Clydesdale Trail in order to provide access for McDonald's and Intercomp. The new street may also provide future access options for the two property owners to the west. The subject property includes the McDonald's restaurant, including parking and a drive-thru. The existing storage building and trash enclosure is within the property Hennepin County is attempting to acquire for the construction of Clydesdale Trail. The northwestern 0.75 acres of the property is vacant and wooded. An aerial of the site can be found at the top of the following page. The Commercial -Highway (CH) zoning district requires: "all trash and material to be recycled shall be stored within the principal building, within an accessory structure, or within an enclosed outdoor area adjacent to the principal structure. The accessory structure or enclosed area shall be constructed of similar materials and have compatible architecture as the principal structure and shall abide by yard setback requirements." The applicant has indicated that there is no location remaining which can meet setback requirements and also function for their operations if Hennepin County acquires the easement as proposed. The applicant proposes to relocate the enclosure and storage structure to the south of its existing location, northwest of the McDonald's building. This location would meet property line setbacks, but would not meet the setback requirement from the right-of-way which is being acquired by Hennepin County. McDonald's Page 1 of 4 September 5, 2017 Setback Variance for Trash Enclosure City Council Meeting Location of proposed enclosure and structure The proposed location of the replacement trash enclosure and storage structure is only 1.34 feet from the right-of-way that Hennepin County is attempting to acquire. The CH zoning district requires a setback of 25 feet from streets, resulting in a variance request to reduce the setback by 23.6 feet. The following table summarizes the proposed trash enclosure and storage structure location in comparison to the CH district standards: CH Requirement Proposed Street setback (new easement on west) 25 feet 1.3 feet Side Yard Setback (southern) 15 feet 15 feet CR116 Setback (east) 25 feet 193 feet Rear setback (north; superseded by street setback) 25 feet 76 feet As noted above, the proposed location would meet structure setbacks except for the fact the County is acquiring right-of-way for the extension of Clydesdale Trail. Following the Planning Commission's review, the applicant has adjusted the plan slightly. The applicant shifted the southern half of the wall to the east a few feet to bring it in line, rather than McDonald's Setback Variance for Trash Enclosure Page 2 of 4 September 5, 2017 City Council Meeting being off -set from the northern portion of the structure. While this did not change the location of the northern corner of the structure (which is the closest to the right-of-way), it does reduce the area of the structure which would not meet the setback from the right-of-way. The applicant has also provided a landscaping plan to include 9 coniferous trees to screen the enclosure from the cul-de-sac. Variance Criteria Subd. 2 of Section 825.45 of the City Code establishes criteria which the City must find in order for a variance to be approved. The applicant describes how they believe these criteria are met within their narrative, which is attached for reference. The criteria are following, along with potential findings provided by staff in italics: (a) A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance. Staff believes that the fact that the proposed location would meet setbacks but for the acquisition of right-of-way by the County supports the argument that the variance is in harmony with the intent of the ordinance. In addition, the addition of landscaping to minimize the visual impact of the enclosure and structure helps serve the purpose and intent of the ordinance. It should also be noted that the cul-de-sac would be removed when and if the road is extended further to the west in the future. At such time, some of the right-of-way could be vacated and the structure could come into compliance. (b) A variance shall only be granted when it is consistent with the comprehensive plan. Staff does not believe the variance would be inconsistent with the objectives of the comprehensive plan. (c) A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute a practical difficulty. In order for a practical difficult to be established, all of the following criteria shall be met: (1) The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district; Staff believes the property owner is proposing to use the property in a reasonable manner. The use is permitted in the district, as are trash enclosures. The variance would allow the enclosure and structure to be shifted to a location which meets setbacks, but for the acquisition of the right-of-way for the cul-de-sac. (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and Staff believes that the fact of the County acquiring right-of-way in the location of the existing enclosure and structure and also acquiring property adjacent to other potential McDonald's Page 3 of 4 September 5, 2017 Setback Variance for Trash Enclosure City Council Meeting locations for the structure is fairly unique. These circumstances do not seem to be created by the landowner. (3) The variance, if granted, will not alter the essential character of the locality. Staff believes that the cul-de-sac will be limited in use, and that with appropriate landscaping, the character of the locality will not be altered. Planning Commission Recommendation The Planning Commission reviewed the requested variance at the August 8 meeting. No one spoke at the public meeting related to the request. Following a brief discussion, the Commission concurred with the potential findings included in the staff report related to the variance criteria. The Commission found that the criteria were met and unanimously recommended approval subject to the following conditions: 1) Except as modified by this approval, the Applicant shall construct the trash enclosure and storage structure as shown on the plans received by the City on 7/7/2017 and 7/31/2017. 2) The Applicant shall install landscaping, subject to approval of City staff, to minimize the visual impact of the trash enclosure and storage structure from the right-of-way. 3) The Applicant shall obtain a building permit within one calendar year of the date of approval or the variance approval shall be null and void, unless the Applicant requests and the City Council grants an extension. Before discussing the request, the City Council should first hold a public hearing in its role as the Board of Appeals and Adjustments. Following the hearing, if the City Council concurs and finds that the criteria been satisfied, the following motion would be in order: Move to direct staff to prepare a resolution granting variance approval to McDonalds based upon the findings noted in the staff report and subject to the conditions recommended by the Planning Commission. Attachments 1. Document List 2. Excerpt from DRAFT 8/8/2017 Planning Commission minutes 3. Applicant narrative 4. Setback Exhibit 5. Plans McDonald's Page 4 of 4 September 5, 2017 Setback Variance for Trash Enclosure City Council Meeting Project: LR-17-212 — McDonalds Variance — Trash Enclosure Setback The following documents are all part of the record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 7/7/2017 7/7/2017 3 Y Y Fee Part of road project Narrative 7/7/2017 7/7/2017 6 Y Y Setback Exhibit 7/7/2017 7/7/2017 1 Y Y Plans 7/7/2017 7/7/2017 6 Y Y Plans — Updated 8/22/2017 8/21/2017 6 Enclosure Plans 7/31/2017 6/8/2016 1 Y N Enclosure Plans — Updated 8/22/2017 8/17/2017 Mailing Labels 7/7/2017 7/6/2017 2 Y Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Legal Comments 7/17/2017 1 Y Building Official Comments 7/7/2017 1 Y Legal Notice 7/27/2017 8 Y 10 pages w/ list and affidavit Review Timeline Update 8/1/2017 1 Y Planning Commission Report 8/4/2017 4 Y 17 pages w/ attachments City Council Report 8/28/2017 4 Y 19 pages w/ attachments Public Comments Document Date Electronic Notes Planning Commission minutes 8/8/2017 Y Medina Planning Commission Excerpt from DRAFT 8/8/2017 Meeting Minutes McDonalds — 822 Highway 55 — Variance from Required Setback Adjacent to Right -of -Way to Replace Trash Enclosure Finke stated that the City Council sits as the Board of Appeals and Adjustments and therefore will hold a public hearing on this request. He presented the request from McDonald's to reduce the setback for the existing trash enclosure which has already been removed in conjunction with the CR116 and Clydesdale Trail project. He stated that the propose variance would locate the trash enclosure 1.5 feet from the Hennepin County right-of-way. He noted that the location would meet the setback request, but for the County right-of-way. He highlighted the proposed location for the trash enclosure compared to the previous location. He reviewed the variance criteria that must be met in order to approve a variance. He noted that staff has provided potential findings in the staff report in response to the criteria. He stated that the existing facility has been demolished in connection with the street project, is not caused by the property owner and is fairly unique. He stated that staff suggested potential landscaping to ensure that the essential character is not impacted. He stated that the long-term expectation is that the road would be expanded to the west and the right-of-way could be vacated in the future; therefore the structure could come back into compliance. The applicant noted that he was present to answer any questions. Motion by DesLauriers, seconded by Reid, to recommend approval of the McDonald's request for a variance from the required setback adjacent to the right-of-way to replace the trash enclosure. Motion carries unanimously. (Absent: Albers, Amic and Murrin) Finke noted that the City Council will consider this item on September 5, 2017. 1 �% McDonalds USA LLC Site Improvements LANDFORM Narrative McDonalds USA, LLC Medina, MN LANDFORM July 7, 2017 Table of Contents Table Of Contents Introduction 5 Variance 5 Summary 6 Contact Information 7 Introduction On behalf of McDonalds USA, LLC, Landform is pleased to submit this variance application to relocate the existing trash enclosure at McDonalds Restaurant located at 822 Hwy 55, Medina, MN. McDonalds is pleased to accommodate the County's road improvements and will provide high quality improvements on the site. Variance Hennepin County is proposing to construct new right-of-way on the northern boundary of the property that wraps around to the northwest corner. The proposed road improvements will eliminate the entrance of the property on the eastern boundary of the site and re -locate the entrance on the new road to the north. A portion of the property on the northwest side of the site will also be taken by the County for the road improvements. The County will be completing the road and access improvements for the site. The existing trash enclosure is currently located on the northwest corner of the property however, the new configuration of the road and associated site entrance will require the enclosure to be moved slightly to the west. The new location will result in the trash enclosure being placed in the right-of-way setback. Section 838.1.05, Subd. 5 (CH Lot Standards) requires a 25-foot setback for all structures in the front yard. The proposed location of the new trash enclosure will be 1.34 feet from the right-of-way. Therefore, we are requesting City approval for a variance for a 1.34-foot setback where 25 feet is required. We have reviewed the request in accordance with Minnesota State Law and City ordinance standards in Section 824.45, Subd. 2, which provides standards for variances. Our application meets these standards as follows: a) A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance. The proposed variance is in harmony with the general purpose and intent of the ordinance. The relocation of the trash enclosure is in response to the new access road constructed by the County. The intent of the Ordinance is to provide uniformity. The new street provides access to the rear yard of McDonalds and adjacent properties, which have similar needs for the rear -yards of the businesses. The location of the trash enclosure in the setback is consistent with the intent to provide a consistent street frontage. b) A variance shall only be granted when it is consistent with the Comprehensive Plan. The proposed variance is consistent with the Comprehensive Plan. The accessory trash enclosure is essential to the operation of the McDonalds and cannot be placed in another MCD15292-Phase 3 L ANDF OR M Project Narrative July 7, 2017 5 location on site. The trash enclosure's location is only changing only slightly from the existing location. cJ A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute a practical difficulty. For a practical difficult to be established, all the following criteria shall be met: 1. The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district; McDonalds is proposing to use the property in a reasonable factor and is requesting the minimum variance which would alleviate the practical difficulty. The County is taking land to construct a new road where the old trash enclosure was located and an alternative location is not practical for the operations of the restaurant. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and The circumstances of the variance are unique to the property and not created by the landowner. The County is constructing a new access road north of the site. If the County were not constructing this road and taking land, the trash enclosure would not need to be moved. 3. The variance, if granted, will not alter the essential character of the locality. The variance will not alter the essential character of the locality. The trash enclosure is already located on the northern edge of the property and will only be moved to accommodate the location of the new road. Summary We respectfully request approval of the variance to allow a 1.34-foot setback where 25 feet is required. MCD15292-Phase 3 L ANDF ORM Project Narrative July 7, 2017 6 Contact Information This document was prepared by: Mary Matze Landform 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Sean Murphy at smurphy@landform.net or 612.638.0224 MCD15292-Phase 3 L ANDF ORM Project Narrative July 7, 2017 7 PERMANENT EASEMENT � I I PROPOSED TRASH ENCLOSURE •• • • LANDF ORM in collaboration with: • • McDONALD'S, USA LLC. ENLARGED PLAN 20 SCALE lerROW SETBACK EXHIBIT :CONCRETE PAVEMENT :ASPHALT PAVEMENT :GREEN SPACE NORTH 0 30 McDONALD'S. Medina, MN 08.25.2017 McDONALD'S • Medina, MN 08.25.2017 ma. of lanMP.ssiongilSaven.1.1.0. AREA LOCATION MAP © LANDFORM 2017 MEDINA, MN D Q 100 YR. A.B. A.D. A/C ADD. ADDL. ADJ. AHU ALT. ALUM. ANOD. APPROX. ARCH AUTO. AVG. B.C. B/W BEE BIT BLDG BSMT. C.F. C.F.S. C.G. C.J. C.L. C.M.U. C.O. C.O.E. C.Y. CB CBMH CEM. CIP CMP CONC. CONN. CONNT. CONT. CONTR. COP. CU. D.S. DEC. DEMO. DEPT. PET. 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Angle And At 100 Year Flood Elevation Anchor Bolt Area Drain Air Conditioning Unit Addendum Additional Adjacent / Adjust Air Handling Unit Alternate Aluminum Anodized Approximate Architect / Architectural Automatic Average Back of Curb Bottom of Wall Basement Floor Elevation Bituminous (Asphaltic) Budding Basement Cubic Feet Cubic Feet Per Second Corner Guard Control Joint Centerline Concrete Masonry Unit Cleanout U.S. Army Corps Of Engineers Cubic Yards Catch Basin Catch Basin Manhole Cement Cast Iron Pipe Corrugated Metal Pipe Concrete (Portland) Connection Construction Continuous Contractor Copper Cubic Down Spout Degree Demolition / Demolish Department Detail Diameter Diagonal Dimension Ductile Iron Pipe Down Drawing East Expansion Joint Emergency Overflow Emergency Overflow Swale Each Way Each Elevation Electrical Elevation Emergency Engineer Entrance Equal Equipment Equivalent Existing Expansion Furnish and Install Furnished by Others Face of Curb Floor Drain Fire Department Connection Field Verify Full Basement Full Basement Walk Out Full Basement Look Out Foundation Flared End Section Finished Floor Elevation Floor Foot Future Grade Break General Contractor Gallon Galvanized Garage Floor Elevation Glass Grade Height High Point High Density Polyethylene Pipe Height Horizontal Heating, Ventilation, Air Conditioning Hydrant nside Dimension nvert Elevation nches nformation nlet Elevation nsulation nvert Elevation Joint ABBREVIATIONS L.F. L.P. L.B. LGU LONG. LT. MAINT. MAS. MAIL. MAX. MECH MED. MFR. MH MIN. MISC. MNDOT MOD. MUL. N. N.I.C. NO. OR NOM NTS NWE NWL O.C. O.D. O.E. OH. OHWL OPNG. ORIG. P.C. P.I. PIV P.L. OR P/L P.O.B. P.S.F. P.S.I. P.T. P.V.C. P.V.I. P.V.T. PE PEP. PERE. PREP. PROJ. PROP. PVC PVMT. QTR. QTY. R RAD. R.D. R.E. R.O. R.P. RCP R.S. RSD RE RE. REINF. REM) REV. RGU ROW OR R/W S. S.F. SAN. SECT. SE SEWO SHT. SIM. SLAT. SPEC. SQ. SSD STMH STD. STRUCT. SYM. T T/R T/W TEMP. THK. T.J. TNH TYP. U.N.O. V.B. V.C. V.I.F. VER. VERT. VEST. W W.PT. W.W.F. W W/0 WO WETL. WP WT. YD. YR. NORTH NO SCALE Lineal Feet Low Point / Liquid Petroleum Pound Local Government Unit Longitudinal Light / Lighting Maintenance Masonry Material Maximum Mechanical Medium Manufacturer Manhole Minimum / Minute Miscellaneous Minnesota Department Of Transportation Module / Modular Mullion North Not In Contract Number Nominal Not to Scale Normal Water Elevation Normal Water Level On Center Outside Dimension Overhead Electric Overhead Ordinary High Water Level Opening Original Point of Curvature Point of Intersection Post Indicator Valve Property Line Port of Beginning Pounds Per Square Foot Pounds Per Square Inch Port of Tangency Point of Vertical Curvature Port of Vertical Intersection Point of Vertical Tangency Polyethylene Pedestal / Pedestrian Perforated Preparation Project Proposed Poly -Vinyl -Chloride (Piping) Pavement Quarter Quantity Radius Radius Roof Drain Remove Existing Rough Opening Radius Point Reinforced Concrete Pipe Rough Slab Roof Storm Drain Rim Elevation (Casting) Regarding Reinforced Required Revision / Revised Regulatory Government Unit Right of Way South Square Feet Sanitary Sewer Section Side Exit Side Exit Wolk Out Sheet Similar Sealant Specification Square Subsurface drain Storm Sewer Manhole Standard Structural Symmetrical Thickness Top of Rim Top of Wall Temporary Thick / Thickness Tooled Joint Top Nut Hydrant Typical Unless Noted Otherwise Vapor Barrier Vertical Curve Verify In Field Verify Vertical Vestibule Width Working Point Welded Wire Fabric With Without Wolk Out Wetland Waterproof Weight Yard Year EXISTING DESCRIPTION SYMBOLS McDONALD'S USA, LLC. NEW DESCRIPTION X 234 5 i(/ e •12"STS�»� =8"SAN—>— •1-6"WTR—I- OE UT UE G III X X HEIGHT, TYPE tau T 0 X (P) LT ij MAJOR CONTOUR MINOR CONTOUR SPOT ELEVATION BUILDING CANOPY / OVERHANG CONCRETE BITUMINOUS LANDSCAPING GRAVEL PAVING BLOCK PAVING BLOCK STORM SEWER LINE SANITARY SEWER LINE WATER MAIN OVERHEAD ELECTRIC UNDERGROUND TELEPHONE UNDERGROUND ELECTRIC GAS LINE CONCRETE CURB FENCING RETAINING WALL SET 1/2" X 14" IRON PIPE IRON MONUMENT FOUND SURVEY DISK (BENCHMARK) POWERPOLE GUY WIRE GUARD POST GAS METER TRANSFORMER WATER SHUT-OFF VALVE TRAFFIC SIGN FLAG POLE LIGHT POLE TREES TREE LINE MANHOLE CATCH BASIN FIRE HYDRANT WATER VALVE FLARED END SECTION MAILBOX NOTE NUMBER MEASURED DISTANCE DISTANCE PER RECORDED PLAT SOIL BORING —123_f 123.45 X I 6 BIT. 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CONNECTION SOIL SUBDRAIN GAS LINE -UNDERGROUND ELECTRIC -UNDERGROUND TELEPHONE -UNDERGROUND UNDERGROUND CABLE/TV LAWN SPRINKLER SLEEVE MEDINA, MINNESOTA SYMBOL EROSION CONTROL SYMBOLS DESCRIPTION SEDIMENT CONTROL FENCE INLET PROTECTION DRAWING SYMBOLS SYMBOL DESCRIPTION C7.3 X NOTE REFERENCE PARKING STALL COUNT LARGE SHEET DETAIL COORDINATE POINT REVISION - ADDENDUM, BULLETIN, ETC. REVISED AREA (THIS ISSUE) EXIT LOCATION: A = ACCESSIBLE E = EGRESS S = SERVICE LEGAL DESCRIPTION PARCEL I: THAT OF THE SOUTHEAST Y4 OF THE NORTHEAST Y4 OF SECTION II, TOWNSHIP 118 NORTH, RANGE 23 WEST OF THE 5TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER -QUARTER; THENCE SOUTH ALONG THE CENTER LINE OF COUNTY ROAD NO. 116, DISTANCE 164 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 262J FEET TO THE INTERSECTION OF THE CENTERLINE OF COUNTY ROAD NO. 116 AND STATE HIGHWAY NO. 55; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF STATE HIGHWAY NO. 55, DISTANT 290 FEET; THENCE NORTH PARALLEL WITH SAID CENTERLINE OF COUNTY ROAD NO. 116, DISTANT 79.7 FEET; THENCE DEFLECT TO THE RIGHT 17 DEGREES 45 MINUTES, DISTANT 105 FEET; THENCE EASTERLY, 240.55 FEET TO THE ACTUAL POINT OF BEGINNING, EXCEPT THE EASTERLY 40.00 FEET THEREOF CONVEYED TO THE COUNTY OF HENNEPIN FOR ROADWAY. PARCEL 2: THAT PART OF THE EAST Y2 OF THE NORTHEAST Y4 SECTION II, TOWNSHIP 118 NORTH, RANGE 23 WEST OF THE 5TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTER LINE OF STATE HIGHWAY NO. 55, DISTANT 290 FEET NORTHWESTERLY FROM THE EAST LINE OF SAID NORTHEAST 4; THENCE NORTH PARALLEL WITH SAID EAST LINE, A DISTANCE OF 79.7 FEET; THENCE DEFLECTING TO THE RIGHT 17 DEGREES 45 MINUTES, A DISTANCE OF 105 FEET TO THE ACTUAL POINT OF BEGINNING OF THE LAND TO BE DESCRIBED. THENCE EAST TO A POINT IN THE EAST LINE OF SAID NORTHEAST 4, DISTANT 164 FEET SOUTH FROM THE NORTHEAST CORNER OF THE SOUTHEAST Y4 OF THE NORTHEAST )4; THENCE NORTH ALONG SAID EAST LINE TO A POINT DISTANT 70 FEET NORTH FROM THE SOUTHEAST CORNER OF THE NORTHEAST Y4 OF THE NORTHEAST )4; THENCE WEST, PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST Y4 OF THE NORTHEAST )4, A DISTANCE OF 33 FEET; THENCE NORTHWESTERLY, A DISTANCE OF 336.5 FEET TO A POINT A DISTANT 115 FEET NORTH FROM THE SOUTH LINE OF SAID NORTHEAST Y4 OF THE NORTHEAST 4; THENCE NORTHWESTERLY, A DISTANCE OF 203.8 FEET ALONG A LINE OF WHICH IF EXTENDED WOULD INTERSECT THE WEST LINE OF SAID NORTHEAST Y4 OF THE NORTHEAST Y4 AT A POINT DISTANT 503 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH TO A POINT A DISTANT 60 FEET NORTH FROM THE SOUTH LINE OF SAID NORTHEAST Y4 OF THE NORTHEAST 4; THENCE SOUTHEASTERLY AND PARALLEL WITH THE CENTER LINE OF SAID HIGHWAY NO. 55, A DISTANCE OF 236.35 FEET; THENCE EASTERLY A DISTANCE OF 93.65 FEET TO A POINT DISTANT 123.5 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO THE PONT OF BEGINNING. BENCHMARK PROJECT BENCHMARK: MNDOT GSID STATION # 10304 STATION NAME: 2722 X LOCATION: IN MEDINA, 0.05 MILE SOUTHEAST ALONG TRUNK HIGHWAY 55 FROM THE JUNCTION OF COUNTY ROAD 115 SOUTH AND COUNTY ROAD 116 NORTH IN MEDINA, 0.8 MILE NORTHWEST OF THE NORTHWEST JUNCTION OF COUNTY ROAD 101 AND TRUNK HIGHWAY 55 IN HAMEL., 30.0 FEET SOUTHWEST OF EASTBOUND TRUNK HIGHWAY 55 AT TRUNK HIGHWAY 55 MILEPOINT 175.6, 55.0 FEET NORTHEAST OF THE RAILROAD, 1.5 FEET NORTHEAST OF THE WITNESS POST. ELEVATION = 997.262 FEET (NAVD 88) SITE BENCHMARK: TOP NUT OF FIRE HYDRANT LOCATION: HYDRANT IS LOCATED N.E. QUADRANT OF PINTO DRIVE AND CLYDEDALE TRAIL. ELEVATION = 997.35 FEET (NAVD 88) OWNER McDONALD'S USA, LLC. 1650 WEST 82ND STREET #900 BLOOMINGTON, MN 55431-9888 TEL (952)-300-5504 CONTACT: CARTER MANN - - -PROJECT CONTACTS - CIVIL ENGINEER LANDFORM 105 SOUTH FIFTH AVENUE, SUITE 513 MINNEAPOLIS, MN 55401 TEL 612-252-9070 FAX 612-252-9077 CONTACT: STEVE SABRASKI CITY PLANNER CITY OF MEDINA 2052 COUNTY ROAD 24 MEDINA, MN 55340 DUSTY FINKS dust y.f inke ®ci.medino.mn.us TEL: 763-473-8846 FAX: SURVEYOR LANDFORM 105 SOUTH FIFTH AVENUE, SUITE 513 MINNEAPOLIS, MN 55401 TEL 612-252-9070 FAX 612-252-9077 CONTACT: ERIC LINDGREN - SITE/UTILITY CONTACT-S - - i PUBLIC WORKS DIRECTOR CITY OF MEDINA 2052 COUNTY ROAD 24 MEDINA, MN 55340 STEVE SCHERER steve.scherer ®ci.medino.mn.us TEL: 763-473-8842 FAX: CIVIL / LANDSCAPE SHEET INDEX & REVISION MATRIX SHEETS ISSUED BY ISSUE / REVISION DATE SHEET NO. DESCRIPTION �N o N a, 0 0 C0.1 CIVIL & LANDSCAPE TITLE SHEET C1.1 EXISTING CONDITIONS C12 DEMOLITION C2.1 SITE PLAN C3.1 GRADING, DRAINAGE, PAVING & EROSION CONTROL C7.1 CIVIL CONSTRUCTION DETAILS Know what's Below. Caii before you dig. X X X X X X X X X X X X • • • From Site to Finish • 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 F ORM • Tel: 612-252-9070 Fax: 612-252-9077 Web: landform.net Landformo and Site to FinisWare registered service marks of Landform Professional Services, LLC. REVISION HISTORY CITY SUBMITTAL CITY 2ESUBMITTAL W d Ca _r r O r 0 r N co O 7 W CERTIFICATION co rj v, N oz �o zl— oc�ooz � \II z o�j�o N�z >-zcn�, L oZ1-= cnw� wQ�= O�1-LL� 0_ ° o O Q�o�� z o �z02o a \— E 0o[z~w 0.. u 01 _ ozz1_132 Q<11 c`n Q3Na= � \—\— zpUQ �Dw�� o2L U01 aUOZ zU � OOwO Qow`3-� wcn—d UOO QwU- U to p 171:Fw O 0 1 Cr) _A111 OZ o=a QCr) 02 z< 5 01w 3z�U) -- -62 O ao< zz cnOUuLOLUJ LuaOOLwz io�Q�i z U �w z Q Q z 0 w cn v, 3 0 s 07 a (0152)-884-4355 CO CO CO I d- o O o- H W tli t� Z N CO 3 O ul PROTO. ISSUED W Z Ed- Z W �z �z O = lci c4)) Q Q r=^ d _V H _ N SHEET NAME CIVIL & LANDSCAPE TITLE SHEET W i� z2 W d ry b NATIONAL NUMBER C0.1 z w FILE NAME: C001MCD292-3.DWG g' PROJECT NO. MCD15292-3 EXISTING CONDITIONS © LANDFORM 2017 co 800' 12'02"W 0 5 r S69. °0(9 O O W f� Q W O OZ Z O U >- OZ Q O i I I I • --\ �/ / \} \ \ / 1 / D, i ER1‘14NEN h SLOPS — — � 4sEp/E I I I I 1 I 1 1 1 \ /IN \\\ PE FoR RHGHk/q Y PgsEAIEN URPOSES \OF i N84°32'22 "W OF v� N8 ��40 �22 „W \ \ 33 --996 /70 qTRASH-'NCLOSURE �y? qS 0 O c S00° 16'20"W 95s� GATE qq`. TEMPORA \ X qq�6 I I i i i / 0,0,qq4 \ I 994 1► gga.p -2" SPRUCE �nm /02" SPRUCE Of „m 0 x qqq? x qqq.\ 11 X °q _ X 0 iq8� 1 14" MAPLE- 993 93. 6 5- 99/ \ nC, / N00°47'42 "E RCP 12 / IE=g88.5 5 qq4 qq3 e' PAY WINDO LT 99, S qqA 2 nNh- - CB RE=gg3.4 IE=61610.5(1. )`ia� qqA ;2 �7 i PICKUP WINDOWa-[Ji 6 UE SPRUCE -2" SPRUCE /3-2" SPRUCE "A L 2" SPRUCE �\ O\0\9mm'' 1 g r�2" SPRUCE 0\ X qq8 8 6? X q°(I 4 — P R DOcYNO 6UTIL/TY-Eg3�NC 9396,31 EMENT �\ _G\GO i CONSTRUCTION EASE�Ni _ oP 18 qq4 CLEARANCE ',\ MENU BAR --BO7°\-D MENU CARD I°- qq EM Grp 38.3' PIP: 1111823140020 822 STATE HWY NO 55 MEDINA, MN 55340 • EXISTING SINGLE N 6 STORY 6 "MCDONALDS" RESTAURANT FFE=9g4.q 38.3 J qq� 0 °se 60 :1 -- v� — — 7- 46 9 gyo-1 03, F F'(%j%F I d q' LIGHTED�� "WELCOME" \I PYLON SIGN --,SIGN I \ "MCDONALDS" \ HT=25.3 FT. \ I G10 X qqA � -MH GREASE qq`k .i RE=g614.0 cv-- GREASE gg3RE=gg4.0 qq3 7 x qq3 7 - SSMH RE=gg3.8 IE=g86.6('I) IE=g86.5(W/E). PONDING EASEMENT PER DOC. NO. 6613616311 DRgINgG.E � � PER DocEAS69 9E3 \ 6 X qq3 6 /q qq3 ROADWAY E-/SEMENT / c'eD o 0 CO 0 N o 0 r- CB i RE=gg5.0 �gh`°i IE=gg0.7(W) E=gg0.7(5E) 89"2 >'29' E 33.00 U 99, Q 6 S00° > 6'20"W qq3 ° qq3 5 0,3\ - STMH i RE=gg4.7 i E=gg0.0(NW) / IE=gg 1.4(NW) S00" > 6'20"W • NORTH I. BACKGROUND INFORMATION SHOWN IS FROM SURVEY BY LANDFORM PROFESSIONAL PROJECT; MEDINA, MN RECORD DRAWINGS; AND UTILITY SERVICE PROVIDERS. LANDFORM OFFERS NO WARRANTY, EXPRESSED OR WRITTEN, FOR INFORMATION PROVIDED BY OTHERS. EXISTING PROJECT CONDITIONS SHALL BE VERIFIED PRIOR TO BEGINNING CONSTRUCTION. ERRORS, INCONSISTENCIES, OR OMISSIONS DISCOVERED SHALL BE REPORTED TO THE ENGINEER IMMEDIATELY. Know what's Below. Can before you dig. From Site to Finish 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 Web: landform.net Landformeand Site to Finisheare registered service marks of Landform Professional Services, LLC. REVISION HISTORY CITY SUBMITTAL CITY RESUBMITTAL LIJ CERTIFICATION ,(1,(s° ;$' OFFICE ADDRESS PROTO. ISSUED DATE REVIEWED 0710712017 SHEET NAME EXISTING CONDITIONS NATIONAL NUMBER FILE NAME: C101MCD292-3.DWG Cip PROJECT NO. MCD15292-3 EXISTING CONDITIONS © LANDFORM 2017 -�/ ---- 4 I 1 I I I D'/i//\/,qG, PER FOR HGHWA Y PAsEMENT URPosES O � AND \ UTILl7 PEA C58/ 0 E6939EN `\ \ 6,3/ / \ - y� \ "*. \ \ ._ \ \ ENT RR, ,-R SRO E P EASEME _NT ---�--------' / N84°32'22 "W • N81 °40'22 93. 65 / 6 q5 0 qq5? GATE qq5 \ 994 — — —993\ N00°47'42 "E ,90 0 5 I w 0 330.50 • _ aq01 � rl- TRASH ENCLOSURE IJ / LT .Q;- / 1 I x gg46 1 G14.\ qq4\ I qq4 0 I I 1 qq3 8 / I I I 1 I 1 99 x--12" SPRUCE -99U /--12" SPRUCE x qqq? qqq 14" MAPLE /--I2" SPRUCE tf- 4\I X qqq ROADWAY N PER DOC AND 6939631ILIT EASE �E�VT 141)\°:: - \ qq5 \-- CONSTRUCTION EASEMENT -- _ - — qq4 q KIOSK qq -- 6 MENU BOARD a 94 2- �N,2�1 PAZ gag PAY WINDOW - CB RE=gg3.4 IE=gg0.5(S) (' qq4? PICKUP WINDOW V v qq qqq?I a 4r 9 04, 6 qq5 ri 0,0 SPRUCE -12" SPRUCE / 99 qq5 q x 995, x qq5? RCP 12 --\ IE=g84.4 \y �h qq4 S x qq6 qq6 X qq6 D '4/ O"WELCOME" y� 'NF/V SIGN qy s--� aq4 A pO % \ PoOs 7- q°i6 6 s --4 qa 4 CLEARANCE-� BAR \ \ vas � 99 1 n� n FM GM qq5 -7 /--12" SPRUCE --12" SPRUCE qq4 6 ‘-- MENU 0,0\5.5 BOARD qq5 5 qq4 c PID: 1111823140020 822 STATE HWY NO 55 MEDINA, MN 55340 EXISTING SINGLE STORY "MCDONALDS" RESTAURANT FFE=gg4.9 9,00, qq4 \ 0,q4.\ 0\4 \ /50,g4.0 q4.G 0,0,4 0 �, X r--12" oc0' o\ 5 q5 (G go r-MH GREASE ' RE=g614.0 3q -NH GREASE ,,t9RE=g014.0 qq3 � x qq3 SSMH RE=gg3.8 IE=6186.6(N) IE=g865(W/E) X gg36 qq3 3 N I qq6 6 ° \ v 1 \�ON SIGN '1MbONNALD�" HT=25.., T. ij S00° 16'20"W NORTH I. BACKGROUND INFORMATION SHOWN IS FROM SURVEY BY LANDFORM PROFESSIONAL PROJECT; MEDINA, MN RECORD DRAWINGS; AND UTILITY SERVICE PROVIDERS. LANDFORM OFFERS NO WARRANTY, EXPRESSED OR WRITTEN, FOR INFORMATION PROVIDED BY OTHERS. EXISTING PROJECT CONDITIONS SHALL BE VERIFIED PRIOR TO BEGINNING CONSTRUCTION. ERRORS, INCONSISTENCIES, OR OMISSIONS DISCOVERED SHALL BE REPORTED TO THE ENGINEER IMMEDIATELY. DEMOLITION AND CLEARING NOTES 2. OBTAN PERMS FOR DEMOUTVN, CLEARING, AND DISPOSAL PRIOR TO BEGNNING. 3. CONTACT UTILITY SERVCE PROVIDERS FOR FELD LOCATION OF SERVCES 72 HOURS 4. SEE SHEET C3J FOR EROSION PREVENTION AND SEDIMENT CONTROL MEASURES THAT MUST BE N PLACE PRIOR TO DISTURBANCES TO SITE F>BUILDING DEMOUTION: VERIFY WITH OWNER THAT BUILDING. HAS BEEN CLEARED OF REGULATED MATERIALS REQUIRING SPECAL HANDLING OR DISPOSAL AND EXAMNED BY COMPETENT PERSON. REMOVE STRUCTURE, COLUMNS, CANOPES, AND ANY ASSOCIATED CONSTRUCTION N ITS ENTIRETY. 6. DIMENSIONS SHOWN FOR REMOVAL ARE APPROXNATE. COORDNATE WITH NEW CONSTRUCTION TO ENSURE APPROPRATE REMOVAL OF EXISTNG FACILITES. 7. COMPLETE DEMOLITION wrH MNIMAL DISRUPTION OF TRAFHC. COORDNATE LANE CLOSURES WITH THE REGULATORY AUTHORITY AND PROVVE ADVANCE NOTIFICATION TO AFFECTED EMERGENCY RESPONSE PROVIDERS. 8. PROVIDE BARRCADES, UGHTS, SIGNS, TRAFHC CONTROL, AND OTHER MEASURES NECESSARY FOR PROTECTION AND SAFETY OF THE PUBUC AND MANTAN THROUGHOUT CONSTRUCTION. THE CITY REQUIRES TRAFFC CONTROL MEASURES TO BE N PLACE DURING UTILITY NSTALLATION, EXISTING BUILDING DEMOUTION, DRIVEWAY NSTALLATIOg SIDEWALK NSTALLATION AND FNAL RESTORATION WITHN THE RIGHT-OF-WAY. [DPROTECT STRUCTURES, UTILITIES, TREES, PLANT MATERAL, SOD, AND ADJACENT PROPERTY FROM DAMAGE DURNG CONSTRUCTVN UNLESS NOTED FOR REMOVAL. DAMAGE SHALL BE REPAIRED TO EQUAL OR BETTER CONDITION AT NO ADDITIONAL COST. O . REMOVE TREES NOTED, NCLUDING ROOT STRUCTURES, FROM THE srE COORDNATE wrH OWNER TO MARK TREES TO BE SAVED OR TRANSPLANTED PRIOR TO CLEARNG. I COORDNATE REMOVAL, RELOCATION, TERMNATIOg AND RE -USE OF EXISTING PRWATE UTLITY SERVCES AND APPURTENANCES wrH THE UTILITY COMPANIES. RESTORE BY CONSTRUCTION N ACCORDANCE WITH UTILITY OWNER REQUIREMENTS. 12. EXISTNG PIPNG AND CONDUITS MAY BE ABANDONED N-PLACE F FLLED WITH SAND AND IF NOT N LOCATION OF PROPOSED BUILDING OR N CONFLICT WITH PROPOSED urLres OR STRUCTURES. TERMNATE EXISTING SERVCES AT THE SUPPLY SIDE N CONFORMANCE WITH PROVIDER'S STANDARDS. O . HAUL DEMOLITION DEBRIS OFF -SITE TO A FACILITY APPROVED BY REGULATORY AUTHORITES FOR THE HANDLNG OF DEMOLITION DEBRIS. DEMOLITION LEGEND TREE/SHRUB REMOVAL. PAVEMENT SAWCUT CONSTRUCTION LIMITS TREE PROTECTION XXXXXXXXXXXXXXX UTILITY LINE REMOVAL Know what's Below. Can before you dig. • From Site to Finish 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 Web: landform.net Landformeand Site to Finisheare registered service marks of Landform Professional Services, LLC. REVISION HISTORY CITY SUBMITTAL CITY RESUBMITTAL CERTIFICATION 43' \e'c,(s\-'& cog'‘' OFFICE ADDRESS PROTO. ISSUED DATE REVIEWED 0710712017 SHEET NAME DEMOLITION NATIONAL NUMBER E. FILE NAME: C102MCD292-3.DWG (I) PROJECT NO. MCD15292-3 - --SITE CONSTRUCTION NOTES - © LANDFORM 2017 • \/ ; y� \L„_PE EgSEME NT I —\ N84°32'22 N8 �3.65 LANDSCAPE NOTES 0 '22 PROPOSED ROADWAY WORK DONE BY OTHERS c N00°47'42 "E o I. CONTACT UTILITY SERVICE PROVIDERS FOR FIELD LOCATION OF SERVICES 72 HOURS PRIOR TO BEGINNING. 2. COORDINATE INSTALLATION WITH CONTRACTORS PERFORMING RELATED WORK. 5 3 ,(TYP.) L I LT 0 i i 1 I 1 1 1 1 1 1 1 0-g `MPORARY CONSTRUCTION EASEMENT -- _______ 25 3ETBq K elMENU - CARD i J PAY WINDOW - PICKUP WINDOW - 3. PLANT MATERIAL SHALL CONFORM TO THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS AND BE OF HARDY STOCK, FREE FROM DISEASE, INFESTATION, DAMAGE, AND DISFIGURATION. FOR DISCREPANCY BETWEEN THE NUMBER OF PLANTS ON THE SCHEDULE AND THE NUMBER SHOWN ON THE DRAWING, THE DRAWING SHALL GOVERN. 4. PLANTING SOIL SHALL CONSIST OF 4 PARTS TOPSOIL TO I PART PEAT HUMUS, WITH 3 POUNDS OF COMMERCIAL FERTILIZER ADDED PER CUBIC YARD. 5. RESPREAD STOCKPILED TOPSOIL TO A MINIMUM DEPTH OF 4 INCHES, IMPORT ADDITIONAL TOPSOIL AS NEEDED TO MAKE UP ANY SHORTFALL. SOD ALL TURF AREAS DISTURBED BY CONSTRUCTION. 6. PLACE PLANTS ACCORDING TO LAYOUT WITH PROPER NOMINAL SPACING. 0 INSTALL A MINIMUM FOUR (4") FOOT DIAMETER SHREDDED HARDWOOD MULCH RING AROUND EACH TREE TO A DEPTH OF THREE TO FOUR (3"-4") INCHES. EXTEND MULCH TO FILL IN ALL SPACE TO BACK WALL OF ADJACENT TRASH ENCLOSURE. CLEARANCE--\ BAR T- — KIOSK -- MENU BOARD PO: I111823140020 822 STATE HWY NO 55 MEDINA, MN 55340 EXISTING SINGLE STORY "MCDONALDS" RESTAURANT FFE=gg4A �\ — `--- _ \ N L_ i PLANT SCHEDULE S89°2 >'29 "E 33.00 ROPOSEr OADWAY WORK ONE BY ETHERS EVERGREEN TREES QTY BOTANICAL NAME / COMMON NAME MATURE SIZE PLANTING SIZE ROOT COND. THTE q THUJA OCCIDENTALS TECHNY / TECHNY ARBORVITAE 15 H X 10 W 6 HEIGHT B & B I y 0 /N I • i r, r- r, n I I v i e r— . 1 1 /_\ / L _ I L / L _ / L / / \ 4f, — — r, A I I F! /, I I 1 , /—, I L_ 8" STEEL STAKE. PLACE TWO (2) INCHES FROM ROOT BALL. z 'v 0 r- O 6" x 36" BOLLARD. REFER TO DETAIL C7.1/5. O CONCRETE DRIVE APRONS AND SLABS. REFER TO SHEET C3.1 FOR SPECIFICATIONS. O TRASH ENCLOSURE. REFER TO ARCHITECTURAL. SITE PLAN NOTES I. OBTAIN ALL NECESSARY PERMITS FOR CONSTRUCTION WITHIN, OR USE OF, PUBLIC RIGHT-OF-WAY. 2. THE DIGITAL FILE, WHICH CAN BE OBTAINED FROM THE ENGINEER, SHALL BE USED FOR STAKING. DISCREPANCIES BETWEEN THE DRAWINGS AND THE DIGITAL FILE SHALL BE REPORTED TO THE ENGINEER. THE BUILDING FOOTPRINT, AS SHOWN ON THESE DRAWINGS, AND THE DIGITAL FILE, SHALL BE COMPARED TO THE STRUCTURAL DRAWINGS PRIOR TO STAKING. 3. DIMENSIONS SHOWN ARE TO FACE OF CURB AND EXTERIOR FACE OF BUILDING UNLESS NOTED OTHERWISE. GREEN SPACE ZONING AND SETBACK SUMMARY THE PROPERTY IS ZONED COMMERCIAL HIGHWAY (CH) BUILDING SETBACK INFORMATION IS AS FOLLOWS: FRONT YARD = 25 FT. REAR = 25 FT. SIDE = 15 FT. PARKING SETBACK INFORMATION IS AS FOLLOWS: FRONT YARD = 25 FT. REAR = 10 FT. SIDE (INTERIOR) = 10 FT. SIDE (STREET) = 25 FT. DOUBLE STRAND 14 GA. WIRE - 3" CO 120 DEGREE INTERVALS (TYP.) 16" POLYPROPYLENE OR POLYETHYLENE (40 MIL, I-1/2" WIDE STRAP TYP.) AREA DUG FOR PLANTING 2x-3x DIA. OF SOIL BALL AREA DUG/TILLED TO PROMOTE ROOT GROWTH 3-5x DIA. OF SOIL BALL TREE SHALL BE PLANTED WITH ROOT FLARE EVEN WITH SOIL LINE OR FIRST MAJOR BRANCHING ROOT ONE (I) INCH BELOW SOIL LINE. IF ROOT FLARE IS NOT APPARENT IT MAY BE COVERED BY BURLAP OR SOIL. ADJUST PLANT AS NEEDED TO MAINTAIN APPROPRIATE DEPTH. FLAGGING: ONE ( I) PER WIRE FOUR (4") INCHES SHREDDED HARDWOOD MULCH CUT TOP OF WIRE BASKET V3 (MIN.) FROM TOP OF BALL. CUT TWINE FROM AROUND TOP I/3 (MIN.) OF ROOTBALL. CUT AND ROLL BACK BURLAP V3 (MIN.) FROM TOP OF ROOTBALL. PLANTING SOIL (SEE PLANS) EXISTING SOIL LOOSENED EDGE CONDITION VARIES (SEE PLANS) 2" X 2" X 24" WOOD STAKE SET AT ANGLE SCARIFY BOTTOM AND SIDES OF HOLE PRIOR TO PLANTING EXISTING SUBGRADE NOTES: INSPECT FOR ENCIRCLING ROOTS TO MITIGATE FUTURE STEM GIRDLING. REJECT ANY TREES THAT ARE SEVERELY AFFECTED. TWO ALTERNATE METHODS OF TREE STAKING ARE ILLUSTRATED AND TO BE UTILIZED ONLY IF NECESSARY. MAINTAIN TREES IN A PLUMB POSITION THROUGHOUT THE GUARANTEE PERIOD AS DEFINED ON PLANS AND/OR SPECIFICATIONS. CONIFEROUS TREE PLANTING NORTH 0 20 40 Know what's Below. Can before you dig. ® • • From Site to Finish NO SCALE • D F ORM • 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 • Tel: 612-252-9070 Fax: 612-252-9077 Web: landform.net Landformeand Site to Finisheare registered service marks of Landform Professional Services, LLC. REVISION HISTORY CITY SUBMITTAL CITY RESUBMITTAL w E- d Ca r r O r 0 N oo O w x CERTIFICATION 43' \)°c(s\-'& o g'‘' N nU1- Q:aa!1-Q��z)!H lr \• wQ1-2 0,/V O 62 2 1-- >- \- 0z pi Dz�,o� Qz,n- t-z� LL Q 62\-zIli 00z at-��o .<ds oocz�t,,a, 0_ Q) OL n ,^ o0z~�� L/1 Qz,li�c`"n -.::::) \-s: Q36¢=o ' ^ 0UU��uz v1 kiD�0°-�`� U0V)~0U n d g 6' 82 o oz -z z U ~ QOOw�� o U 1 \2 < O QIll '3-Caa z U_In C S0un�o " z Q z o z U��w0�o o .i Q Q1 01 03 Q o oz •z:3~L11 et �0_ 3z�czn01 zOL�wt�o ,-ii • w11.1O�L t1.1 1-OtlizrZ� U OZ Lu 0 z Q OFFICE ADDRESS PROTO. ISSUED DATE REVIEWED 0710712017 Q 0 N W N H co d O Ca LC) to v Q Ca = Q N t; c() NATIONAL NUMBER ° C2.1 z W 2 FILE NAME: C201MCD292-3.DWG v) PROJECT NO. MCD15292-3 EROSION PREVENTION AND SEDIMENT CONTROL NOTES © LANDFORM 2017 • I I (96.30) (95.42) N8 (97.13) N84°32'22 „W 93.65 LT 0'22 (97.88 95.00 '\ ,s 94.75 �� \�q�F 996 95.00 I g4.58/�9 7. 94.48 94 8 X IQ% ._ a 514.54 ° ./ 3h (98.24) (98.19) g4.10( P9 990 N00°47'42 "E 0 (97.860 OE 94.38 BC 94.36 , �4.25 B 4.23 (93.99) / /--12" SPRUCE B612 CURB GUTTER C7.1 RIBBON J PAY WINDOW J CB RE=g93.4 �f'sh IE=gc10.5(5) m PICKUP WINDOW INLET PROTECTION r-12" SPRUCE alf 12" SPRUCE ®m �` �Mms� CLEARANCE-� BAR T- In F-M GM 38.3 PID: 1111823140020 822 STATE HWY NO 55 MEDINA, MN 55340 PROVIDE INLET PROTECTION TO DOWNSTREAM STRUCTURE r-2" SPRUCE rno\ a ,. L rd2" SPRUCE i PCP 12 --\ 99 IE=gg4.4 \ LI ED "WELCOM " SIGN 1 r- CB / RE=gg5.0 / IE=gg0.7(W) i IE=gg0.7(5E) 88e9'21 '29 "E 33.00 - 5511H RE=gg4.3 IE-985.4(W) IE=g82.0(N) IE=•81.g(S) y EXISTING SINGLE STORY "MCDONALDS" RESTAURANT FFE=994.9 --12" SPRUCE r-12" SPRUCE y�I ,i -MH GREASE RE=g94.0 SSMH RE=gg3.8 IE=g86.6(N) IE=c1865(W/E f �- STMH RE=gg4.7 IE=990.0(NW) IE=g91.4(NW) OE e• I / r, r- r, A I I Y 1 1 1-- 1 1/ 2 / L - I L / L - / L / / ,-r, A II r.\ /,, I \ I L _ w NORTH Y� 0 20 40 I. PERIMETER SEDIMENT CONTROLS SHALL BE INSTALLED AND INSPECTED PRIOR TO BEGINNING WORK. MAINTAIN FOR DURATION OF CONSTRUCTION. REMOVE CONTROLS AFTER AREAS CONTRIBUTING RUN OFF ARE PERMANENTLY STABILIZED AND DISPOSE OF OFF SITE. 2. LIMIT SOIL DISTURBANCE TO THE GRADING LIMITS SHOWN. SCHEDULE OPERATIONS TO MINIMIZE LENGTH OF EXPOSURE OF DISTURBED AREAS. 3. MANAGEMENT PRACTICES SHOWN ARE THE MINIMUM REQUIREMENT. INSTALL AND MAINTAIN ADDITIONAL CONTROLS AS WORK PROCEEDS TO PREVENT EROSION AND CONTROL SEDIMENT CARRIED BY WIND OR WATER. 4. ALL EXPOSED SOIL AREAS MUST BE STABILIZED WITHIN 72 HOURS OF COMPLETION OF WORK IN EACH AREA. 5. SEED, SOD, MULCH AND FERTILIZER SHALL MEET THE FOLLOWING SPECIFICATIONS, AS MODIFIED. ITEM SPECIFICATION NUMBER SOD MOOT 3878 SEED MOOT 3876 MN TYPE 22-III ® 30.5 LB/AC - TEMPORARY EROSION CONTROL MN TYPE 25-151 @ 120 LB/AC - PERMANENT TURF MULCH MOOT 3882 (MNDOT TYPE 1 ® 2 TON/AC, DISC ANCHORED) FERTILIZER MOOT 3881 GENERAL PLACEMENT MOOT 2575 6. ALL DISTURBED LANDSCAPE AREAS SHALL BE RESTORED WITH SOD. COORDINATE WITH MCDONALD"S AREA CONSTRUCTION MANAGER. 7. SCRAPE ADJACENT STREETS CLEAN DAILY AND SWEEP CLEAN WEEKLY. GRADING NOTES 8. CONTACT UTILITY SERVICE PROVIDERS FOR FIELD LOCATION OF SERVICES 72 HOURS PRIOR TO BEGINNING GRADING. 9. REMOVE TOPSOIL FROM GRADING AREAS AND STOCKPILE SUFFICIENT QUANTITY FOR REUSE. MATERIALS MAY BE MINED FROM LANDSCAPE AREAS FOR USE ON SITE AND REPLACED WITH EXCESS ORGANIC MATERIAL WITH PRIOR OWNER APPROVAL. 10. REMOVE SURFACE AND GROUND WATER FROM EXCAVATIONS. PROVIDE INITIAL LIFTS OF STABLE FOUNDATION MATERIAL IF EXPOSED SOILS ARE WET AND UNSTABLE. II. REFER TO STRUCTURAL SPECIFICATIONS FOR EARTHWORK REQUIREMENTS FOR BUILDING PADS. 12. AN INDEPENDENT TESTING FIRM SHALL VERIFY THE REMOVAL OF ORGANIC AND UNSUITABLE SOILS, SOIL CORRECTION, AND COMPACTION AND PROVIDE PERIODIC REPORTS TO THE OWNER. 13. PLACE AND COMPACT FILL USING LIFT THICKNESSES MATCHED TO SOIL TYPE AND COMPACTION EQUIPMENT TO OBTAIN SPECIFIED COMPACTION THROUGHOUT THE LIFT. 14. COMPACT MATERIAL IN PAVED AREAS TO 95% OF MAXIMUM DRY DENSITY, STANDARD PROCTOR (ASTM D698) EXCEPT THE TOP 3 FEET WHICH SHALL BE COMPACTED TO 100%. COMPACT TO 98% DENSITY WHERE FILL DEPTH EXCEEDS 10 FEET. 15. COORDINATE WITH ARCHITECTURAL FOR BUILDING STOOP LOCATIONS. SLOPES SHOWN ON ADJACENT WALKS AND PAVEMENT SHOULD CONTINUE OVER STOOPS. PAVING NOTES 16. SPOT ELEVATIONS AT CURBLINES INDICATE FLOWLINES UNLESS NOTED OTHERWISE. SEE SHEET C4.1 FOR RIM ELEVATIONS OF CATCH BASINS. 17. GRADES BETWEEN PROPOSED SPOT ELEVATIONS SHALL BE CONTINUOUS AND NONVARIABLE. SPOT ELEVATIONS SHALL GOVERN OVER CONTOUR LINES. 21 MEET AND MATCH EXISTING CURB. PROVIDE 10 FOOT TRANSITION. 22 PAVING SECTIONS a. BITUMINOUS PAVING 1.5-INCH BITUMINOUS WEAR (MNDOT 2360, SPWEA240B) TACK COAT (MNDOT 2357) 2.5-INCH BITUMINOUS BASE (MNDOT 2360 SPNWB230B) 6-INCH AGGREGATE BASE (MNDOT 3138, CLASS 5) b. CONCRETE WALKWAYS 4-INCH CONCRETE WALK, 4,000 PSI, 5%-8% AIR ENTRAINED, MAX. 4" SLUMP (MOOT 2301) 4-INCH AGGREGATE BASE (MNDOT 3138, CLASS 5) COMPACTED SUBSOIL JOINTING TO BE DESIGNED AND INSTALLED BY CONTRACTOR c. CONCRETE DRIVES, APRONS, AND EXTERIOR SLABS 7-INCH CONCRETE, 4,000 PSI, 5%-8% AIR ENTRAINED, MAX. 4" SLUMP (MOOT 2301) 7-INCH AGGREGATE BASE (MNDOT 3138, CLASS 5) COMPACTED SUBSOIL 23. CONCRETE JOINTS JOINTING TO BE DESIGNED AND INSTALLED BY CONTRACTOR. INSTALL JOINTS ACROSS SIDEWALKS, CURBS AND PAVEMENTS, PAYING ATTENTION TO SPACING OF EXPANSION JOINTS. JOINT SPACING SHALL BE AS FOLLOWS: a. TOOLED JOINTS: DIVIDE PANELS INTO NOMINALLY EQUAL AREAS. b. EXPANSION JOINTS: SIDEWALKS - 40 FEET MAX.; CURBS - 60 FEET MAX.; PAVEMENT: 80 FEET MAX.; ADJACENT TO BUILDING FOUNDATIONS AND STOOPS. c. CONTRACTION JOINTS: SIDEWALKS - 8 TO 10 FEET; CURBS AND APRONS - 12 TO 15 FEET. E> ACCESSIBLE PARKING STALLS AND ADJACENT ACCESS AISLES SHALL NOT EXCEED A 2.00% SLOPE IN ANY DIRECTION. THESE AREAS OF THE SITE HAVE BEEN DESIGNED TO MEET THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT (ADA). CONTRACTOR WILL BE HELD TO THESE REQUIREMENTS. IF A DISCREPANCY IS DISCOVERED BETWEEN THE PLANS AND THE FIELD, THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY. 25 ACCESSIBLE ROUTES SHALL HAVE A MAXIMUM CROSS SLOPE OF 2.00% AND A MAXIMUM RUNNING SLOPE OF 5.00%. THESE AREAS OF THE SITE HAVE BEEN DESIGNED TO MEET THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT (ADA). CONTRACTOR WILL BE HELD TO THESE REQUIREMENTS. IF A DISCREPANCY IS DISCOVERED BETWEEN THE PLANS AND THE FIELD, THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY. 26 3" TRANSITION FROM RIBBON CURB TO B612. SYMBOL LEGEND DESCRIPTION ESTIMATED QUANTITY / 1 tl :INLET PROTECTION :SILT FENCE NNII :TIP OUT CURB :PAVEMENT SAWCUT 'MO :CONSTRUCTION LIMITS :PEDESTRIAN CURB RAMP Know what's Below. Caii before you dig. 2 EACH 83 FEET • • • • DFORM • From Site to Finish 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 Web: landform.net Landformo and Site to FinisWare registered service marks of Landform Professional Services, LLC. REVISION HISTORY CITY SUBMITTAL CITY 2ESUBMITTAL W d Ca r r O r 0 r N co O 7 W x CERTIFICATION rj w N �Q - o :�In oo1-o� a z �j< oNo pz >-zcnww o Lu < O�1-• w� 0_ - 111 0 Q�o�� - z o �zll;o 2= oo�z~w a. g _ 9 �Z OC a w Q3Na= zpUQ ��w�w oOL C) of QJ 1.12 w - ~7U � OowO Qpw'1- °L L (r)- d Cna7]p 0OO Qww U In p a:Fww o pl �z(1 o Q ci < g.r) w 3 Q z O 0 LL w rn a (0152)-884-4355 PROTO. ISSUED w Z Q 0 E W U M LE) � Q Q = �� E- _ N Z w J Q 0 Z� �Z 1O - Z ¢z� zEo tom^^ w VIRS NATIONAL NUMBER C3.1 z w FILE NAME: C301MCD292-3.DWG `1' PROJECT NO. MCD15292-3 Q o >- m CONCRETE APRON - SEE CIVIL T/MASONRY WALL _ PREFINISH METAL 4'-8" 4'-4'' 7 -8» 13 -4» 3 -4» \ ELEV. 1 1 r7 w v 0_ z v w / / / / / / +8'-0" CMU GP C C / FLASHING CAP 2X8 TOP PLATE - CO.O 9 T/PARAPET / ALUM ALUM. 2 I $ I5 D / / - (2) W/ BLOCKING C0.0 C0.0 4" 4" \ ELEV. + 6'-4" ���^_^.^^��-\^ ^non.^-^ �,�^�I 13'-4 _ / NOTE: / / / / 10 CMU SEE DWG. S4.0 1 /2"DIA. ANCHOR \ \ � p C0.0 IN- N O O `� �, \� _ . e--d FOR ADDITIONAL INFORMATION / / BOLTS 32" O.C. z c V \ \ o w - \V\ ; BOND BEAM WITH " " O » \ - - - DS / (2) #5 CONT. BARS ,n 3 -8 8 3-4 13 -4 \ PB -- ------ - �o / / / / / u 8" SPLIT FACE CMU BLOCK BY ANCHOR \ - N �\ �� �� 5 CONCRETE SLAB OVER 6 \ BLOCK, COLOR TO BE CONCORD RED OR EQUAL _ o I co / / \ \\\\\\I7 \ 00 \ KEY NOTES: \ \ \ in\ GRANULAR FILL. REINFORCE \ 2 FRONT ELEVATION D HOLLOW METAL DOOR - GP GATE POST -SEE DETAILS \ - y S SLAB W/ 6x6 - W1.4 x W1.4 '=1-O" PAINT TO MATCH BENJAMIN (2) 6" SIDE GATE POST DUROWALL MORTAR P4620 'ROOTBEER' BY PRISM PIGMNETS OR EQUAL / / / / / / REINFORCED CO 16"C \ C0 'BOSTON \ , \ 4'� WWF (TYP. ® TRASH CORRAL) \ % 1 /4 CMU 8" SPLIT FACED CMU BY C METAL COPING - MOORE BRICK' (1) 8" CENTER GATE POST - - 6 ANCHOR BLOCK, COLOR UNA-CLAD BY FIRESTONE 2092-30 OR EQUAL \ '' TRASH CORRAL \ C0.0 TO BE 'CONCORD RED' ALUM ANNODIZED ALUMINUM PB PIPE BOLLARD - PAINTED DS PREFINISHED -COLOR DOWNSPOUT TO MATCH � � \ o w i_ o REINFORCE W/ #5'S EACH CORNER, END, & 48" O,C, / ; / /, 4" CONCRETE SLAB OVER 6" \ OR EQUAL (CLEAR COIL) OR EQUAL YELLOW 8 GRANULAR FILL. REINFORCE 125 SURROUNDING MATERIAL V `JJ1.4 \ C0.0 \ SLAB WWF W/ 6x6 - x W1.4 ;TYP. ®STORAGE SHED) ~w o \ - o BETWEEN FILL BLOCK / / / / \ \ STORAGE SHED 0 L` z \ \ o T MASONRY /Iii WALL w CELLS W/ GROUT, LAP BARS 24 ; / 5" CONCRETE SLAB © \ 126 WATERPROOF QUADPLEX Et 0 \ w 0 N 4 ELEV. +8 -0 of � OUTLET -VERIFY LOCATION � \ CMuC / / / C0.0 \ WITH MCDONALD S ACM AND w \ CO.0 7-ALum. T PARAPET / ° u ° • ° -0 N ° a a (a 3 II ° ° . 0 s t ° Q° i ,_a)'-° 0 1- o - U � 3 � I- t Q 0_ (..) _ . N Q m ARCHITECTURE d 12400 PORTLAND W Ct CI- EMAIL: DATA@REPRISEDESIGN.COM PHONE: FAX: a "z Z r �, o o & AVENUE BURNSVILLE, MN (952) (952) Z u) o - o ct .� o a9 \ n rn CO N v Q z `� LLJ PLANNING SOUTH, SUITE 100 55337 252-4042 252-4043 E o u9 - a o \ 2 X 12 WD JOISTS o I $ 16 O.C. OWNER/OPERATOR BEFORE \-1 \ ELEV. + 6'-4" ' / FINISHED GRADE OR PAVEMENT \ INSTALLATION cn \ Q a - / AS APPLICABLE 6'-4" 6'-2" \ 0\0o°°ov0°Oo0000°°/ °0°0 / \ / / 0°00°00 °0°° °° 00°00°0°/ \ °°O°oo°oo°o HOSE BIB \ °° o°o 000°o/ °° ° o - _/ / / . FOUNDATION �� WALL -SEE �o / PLAN o iA c~n 2 \ \ O \ \ TO LP� \ U L \ J I \_ SPARE \ \ \\\ \ \\\\\\�\\\\\\\\\ \\\\\\\\\\\\\\ DS REAR ELEVATION a I- FOOTING \ \ 3 ao • a‹ • n a -SEE w PLAN m 13'-4" 20'-0" C0.0 99- 9 6 TYPICAL WALL SECTION 20" x 10" CONT. CONCRETE FOOTING W/ (2) #4 CONT. . C00 3/4 = " 1 0 C0.0 T /MASONRY WALL WALL BARS ELEV. +8'-0" �T/MASONRY ELEV. +8'-0" T/PARAPET0 T/PARAPET NOTE:HOLLOW i 1. METAL DOOR SHALL BE - ELEV. + 6'-4" ELEV. + 6'-4" i4 4'-0"X7'-0"X 1 3/4" WITH FRAME, g } THRESHOLD, CONTINUOUS HINGE, I 1 " NIPPLE \ 16 GA. SHEET c LEVER HANDLE AND STOREROOM - I I I I WELDED PLATE COLLARS TO o METAL ATTACH TO WOOD PANELS AS REQ D LOCKSET \ GP 1 2. INCANDESCENT LIGHT FIXTURE SHALL BE FURNISHED. WIRE GUARD, 40 o IN 1 STL. PLATE WATT LAMP,AND SURFACE MOUNT. \411111;.) \ GP 4'4CROOK ANE /2" PASS & SEMORE- 44 OR LIGHTING `- PB P _ DS I _ W / " BOLT " 1 2BOLTS / LTD-# 1742-2000 AWG _ _ _ I- I_ CMU -I - CMU D Ds CM \ TO FRAME 1 TRASH ENCLOSURE PLAN W/ SHED 4 LEFT SIDE ELEVATION 5 RIGHT SIDE ELEVATION CO 1/L"_ 1 \ C000.0 / /49 _ 19 99Li C0.0 SOT 0 SCALE TYPICAL FLAT ROOF CONSTR METAL AREA COLLAR BETWEEN TO FIT OVER POST AND » 6 0 POST GREASE HINGE SEE ROOFING NOTES PREPARED FOR: ©2017 McDonald's USA, LLC M 8McDonald's USA, LLC These drawings and specifications are the confidential and proprietary property of McDonald's USA, LLC and shall not be copied or reproduced without written authorization. The contract documents were prepared for use on this specific site in conjunction with its issue date and are not suitable for use on a different site or at a later time. Use of these drawings for reference or example on another project requires the services of properly licensed architects and engineers. Reproduction of the contract documents for reuse on another project is not authorized. 3/4" EXT. GRADE PLYWOOD SLOPE 1/4" PER FOOT0II' MIN. 24 GA. GALV. METAL CAP FLASHING SNAPPED OVER CONT. MTL. CLEAT ® FRONT 2x 4 NAILER ! �`��& NAILED AT BACK, SLOPE -_ 1,, WELD TO FRAME 4 TOWARD ROOF. (AS SHOWN) 1 =i CONTINUOUS 2X8 RIM JOIST ill" ALEMITE 1610-BL HYDRAULIC GREASE FITTING, 1 /2"DIA. ANCHOR BOLTS ® 32" O.C. ,IM Ily DOUBLE 1 6 OVER �I x I Y DRILL & TAP HOLE TYP. ( 6 PLACES ) OCK II .. `\ •RIPPED / . � ELEV. +8'-0"0 ® DOOR ONLY I�� I �o \ 2x 4 NAILER 2x12 ROOF / , , I►-� ANGLE FRAME & DIAG. BRACES (GRIND JOISTS AT 16" O.C. \ / WELDS &CORNERS SMOOTH) PAINT (TYP. OF 3) PRE -FINISHED MTL. GUTTER L 3-1/2x `I` W/2 COATS RUSTOLEUM. \ \0 �\ 0 0 f & DOWNSPOUT BY G.C. (2) 4 x 3/16 LLV \ 12 10 \ 0 ALEMITE 1610-BL HYDRAULIC \ CONTINUOUS 2x12 CO.O \ \ \ RIM JOIST \ / / 1 x FASCIA BD. DOOR FRAME 111 CONTRACTORS OPTION TO USE GREASE FITTING (TYP 6 PL) \ \ / CONT. SEALANT (TYP.) 8" DEEP BOND 2x 4 NAILER (TYP.) M\ \ \ \ BEAM WITH (2) #5\ \ BOND BEAM W/ (2) 1 nnnnr� � 1--Y--• CONT. BARS, , \ #5'S (TYP.) \ f N xPLATEEXTEND DOUBLE AT PERIMETER 8" PAST 1111 TREX BOARD- COLOR 12 HINGE METAL POST, COLLAR BOLT DETAILS TOP TYP. WELD COLLAR BOTTOM COLLAR TO TO GUARD POST \ \ / EDGE OF OPENING TO MATCH FIELD '\ \ / / / EACH SIDE COLOR OF BLDG. $ SPLIT ABLOCK,CMU �.9 DOOR HEADER ANCHOR COLORBLOCK TOYBE C0.0 \OT 0 SCALE \ \ 0 / 'CONCORD RED' OR EQUAL MORTAR P4620 ROOTBEER BY \ 0.(i2 \_ 3/4 =1 -0 Z Q Z o o Ld0 o W L Q N } W p Y � D '- rNW/ N N. Q 0 O � �k o \ \ \ \ / / PRISM PIGMNETS OR EQUAL DUR-O-WALL REINFORCEMENT ® 16" O.C. I I \ � \ \ \ \ / / VERTICAL I J�10 \ \ \ \ 0 1 LATCH �- w ~ \ \ W 0 J z W = (n o in z m z 5 ui N in } �n a Lii o= o 0 a = � N Nco \ \ / » MAN DOOR SLOPE TOP - - - �o lo o� o v) \ \ / r #5 VERT. BARS C�? 48 O.C. AND ® EA. JAMB SEE PLANS SEE 1 /C0.0 N � 1 /2" COMPRESSIBLE JOINT \ \ FILLER 0 / 0 EXPANSION JT. CONC. SLAB \ \ FINISHED GRADE SLOPE PER SEE 1 /C0.0 \ OR PAVEMENT AS TYP. FLOOR SLAB CONSTR. ARCH. \ SEE PLAN / APPLICABLE _ '� ° ® �� \ \ CONC. SPLASH BLK. ` Iv _ o�• / 1 ow WJ N \ 0 0 / / i 0 0 `NON -FROST / / - \ TOP OF FOUNDATION WALL0 SUSECEPTABLE j / !* - iJ 6" DIAM. gE. CONC. FILLED STEEL POST w=� m Jo J POURED = N CONCRETE FOOTING z o I ~ O w 0 N 0 0 � e w w Q 1�a \ ! I ELEV. +0 -0 ": 10 . FREE DRAINING / i - a a ° a a U io a a � a O o ° O 1 °o° • o o!o° o •o-O Z o°O° o 0 o o% °ool I I I GRANULAR FILL / / a - o° O ° ° O �o°O° o\o°°°o°oo°° °°o°°000 o J o °0 .0 ° ° ° ,00 000°o ° oo °000\o o �i- \ \ TO FROST DEPTH / / FOUNDATION W ALL ` I °o°o ° :°o°o000000a ° °° I- °o°o °°o°000°oo / / ° 1 °° 000 cn-• °°°°o°° boo°00000:�ol I - - / -SEE 8/C0.0 6" DIA. GATE POST 1 1 0�°°0°0p°0� o°°°°-' 0 L / 5" CONC. SLAB #4 BARS AT 24 O.C. SEE DETAIL 12/C0.0 -.� - - I n� v CANE BOLTS SEE 0 r - „ #4 BARS AT 24" j DETAIL 7/C0.0 I I 11 III III III w I I III III / 8 CMU FOUNDATION WALL O.C. EMBED 8 MIN. / FOOTING °° / -SEE PLAN CO 0 I- J r U z o a_ 8 o co W I cno � o / / 3/4 HOLES DRILLED _ 1 c� / / INTO CONCRETE \ F FOOTING SEE PLAN J 1'-6" o p - ® ® \ o L.L I 13 TYP. f GATE POST DETAIL• Q z I / 022.0355.00.0 w ZC 0 • 0 = (') TRASH CORRAL °o X ° °® g SECTION 10 SECTION AT TRASH ENCLOSURE STOOP 11 TYP. GATE DETAIL •. C0.0 3/499- 1 9-099 C0.0 N.T.S. C0.0 1 /2"= 1 9-099 "19-0 C0.0 1"--1'- Agenda Item # 8A MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Through City Administrator Scott Johnson Jodi Gallup, Assistant City Administrator August 22, 2017 Personnel Policy Update Background One of our 2017 Work Plan goals is to conduct a comprehensive review and update of our employee personnel policies. These policies were adopted in 2005 and a thorough review has not occurred since 2011. Personnel policies are written rules and guidelines necessary to keep the city functioning smoothly from a human resources perspective. It is expected for cities to revise and update their policies on an on -going basis to keep up with changes to state and federal laws. As part of the 2017 comprehensive review, to -date, department heads have held three meetings to review and discuss possible changes to personnel policies and the administration staff has worked closely with the League of Minnesota Cities to conduct a complete review of our policies. All employees have been provided a copy of the attached draft changes and have been given an opportunity to make suggestions. The City Council reviewed the draft personnel policy amendments at the August 15, 2017 work session. Staff has incorporated the changes per City Council direction. Proposed Policy Changes The noteworthy changes, which were discussed at the work session are bullet pointed below. • 1.50 Definitions: Added definition for Benefited Part-time Employee for an employee who works more than 30 hours per week, but less than 40 hours per week. The City does not have any positions now that would be eligible for this classification. The intent on adding this definition would be to give the City flexibility in the future to create certain jobs at this classification. • 2.90 Workers Compensation: Clarified the process for reporting an injury on the job. This is to streamline the process and make sure employees and department heads report injuries in a timely manner. • 3.10 Respectful Workplace: Added language on abusive customer behavior and further described the no retaliation section. • 4.30 Overtime & Compensatory Time: Further defined non-exempt and exempt employee status. Strengthened the overtime policy language to make it clear that employees are expected to manage their workloads and paid vacation leaves to meet deadlines and avoid the need for unnecessary overtime. Added compensatory time eligibility for non-exempt employees to this section and deleted the separate compensatory time policy. Created a leave policy for exempt employees in section 4.40. • 4.50 Payroll: Require all employees to participate in direct deposit as provided for in Minnesota law. • 5.30 Personal (Vacation) Leave: Added additional vacation accruals for employees with 20+ years of service to align with the existing union contract. Allow experienced new hires to begin vacation accruals at up to 4.62 hours to recruit qualified experienced candidates for certain positions. Kept the vacation carry over amounts at 120 hours per year for full time employees (pro -rated for other employees). • 5.80 Continuing Education Program: Increased annual maximum reimbursement amount from $1,000 to $2,000 to help account for the increased tuition costs since this policy was adopted in 2005. Action Steps Motion to adopt all amended personnel policy updates. 2 MEDINA Personnel Policies (Personnel 14-7dGlr ofCa+Ce IVIEDINA Section 1 Introduction to the City of Medina and Personnel Policy 1.10. Purpose 1.20. Scope of Policies 1.30. History of City of Medina 1.40. Organization of the City 1.50. Definitions • Section 2 Employment Practices 2.10. City Service 2.12. Drug and Alcohol Testing - General 2.16. Drug and Alcohol Testing — Commercial Motor Vehicle Operation 2.20. Employment of Relatives 2.30. Attendance and Hours of Work 2.40. Employee Training and Development 2.50. Discipline/Corrective Action 2.60. Grievance Procedure 2.70. Personnel Record of Employees 2.80. Inability to Perform Essential Functions 2.90. Workers Compensation Section 3 Employee Behavior 3.10. Respectful Workplace 3.20. Political Activities 3.30. Outside Employment 3.40. Employee Appearance 3.50. Gifts and Gratuities Section 4 Compensation Plan 4.10. Job Classification 4.20. Salaries and Wages 4.30. Overtime & Compensatory Time 4.40. Leave Policy for Exempt Employees 4.50. Payroll 4.60. Public Works On -Call Rotation 2 Section 5 Employment Benefits 5.10. Group Health and Life Insurance 5.20. Deferred Compensation 5.30. Personal (Vacation) Leave 5.40. Sick Leave 5.50. Sick Leave Donation 5.60. Retirement Insurance Program 5.70. Holidays 5.80. Continuing Education Program 5.85. Employee Recognition Section 6 Special Leaves of Absence 6.10. Bereavement Leave 6.20. Military Leave 6.30. Voting Leave 6.40. Court Duty Leave 6.50. Pregnancy and Parental Leave 6.55. Bone Marrow Donation Leave 6.60. Leaves of Absence — Other Section 7 Employee Separation 7.10. Termination and Resignation 7.20. Termination Payout 7.30. Exit Interviews Section 8 General City Policies 8.10. Communication 8.20. Use of City Property 8.30. Technology 8.60. Workplace Safety 8.70. Firearms at Work 8.80. Drug -Free Workplace 8.90. Smoke Free Workplace 8.95. Severe Weather Conditions 3 Personnel Policy MEDINA 1.10 Purpose Policy: It is the purpose of this Personnel Policy to provide a general reference to the City's personnel policespolicies and procedures and establish a uniform and equitable system of personnel administration. As a reference, the Personnel Policy is intended to serve as a common source of information for employees, supervisors, and management and is not intended to be all-inclusive or to cover every situation that may arise. Nothing in this Personnel Policy is meant to establish an employment contract with or grant property or due process rights to any City employee, other than those which may be provided for in collective bargaining agreements or in accordance with federal and state law. Except as otherwise prohibited by law, eEmployees are at -will employees who may be discharged at any time for any reason not contrary to law. Employees may similarly terminate employment at any time for any reason. The following provisions are merely recitations of the current practice of the City and are not to be construed as promises or contractual provisions. These policies are subject to change at the sole discretion of City at any time for any reason. Approved By: Medina City Council Date: December 20, 2005 1.10 Purpose 4 Personnel Policy MEDINA 1.20 Scope of Policies Purpose: To provide general information about the scope and conditions of employment with the City of Medina. Policy: The Personnel Policy applies to all employees of the City, except as may otherwise be specifically provided herein. These policies do not apply to the following: A. All elected officials; B. Consultants and others rendering services under contracts with the City; C. Members of City boards, commissions, and committees; D. Volunteer fire fighters and other volunteer personnel; E. Positions designated as temporary or seasonal; unless specifically noted in certain provisions. No provision of this Personnel Policy is intended to violate, supersede, or conflict with any applicable Constitution, statute or regulation, whether state or federal, or any provision of a collective bargaining agreement in effect between the City and any of its employees, and to the extent of any such violation the offending provision of this Personnel Policy shall be void, but all remaining provisions of this Personnel Policy shall remain in effect. Union employees are encouraged to consult their collective bargaining agreement first for information about their employment conditions. Approved By: Medina City Council Date: December 20, 2005 1.20 Scope of Policies 5 Personnel Policy MEDINA 1.30 History of City of Medina Medina was a part of the "Big Woods," a vast region of hardwood forest, broken only by lakes, marshes, and streams. Its Dakota people lived on game, fish, berries, wild rice, and maple sugar and traded with other bands in the region. In 1853 the Traverse de Sioux Treaty opened up the region to white settlers, who were attracted by the huge stands of timber and the availability of land for farming. The first settlers arrived in Medina in 1855. On April 10, 1858, County Commissioners gave the City an official designation as "Hamburg Township." Local residents preferred the name, "Medina," after the Arabian holy City that was in the news that year. On May 11, 1858, 37 residents met in the home of Valorius Chilson and voted unanimously to change the name. Medina's early European settlers were chiefly German, Irish and French-Canadian and had names still common in Medina like, Scherer and Reiser; Mooney and Crowe; Hamel and Fortin. The first generations tended to group according to their language ties and to help each other through the long hard winters. Townships were always divided into 36 sections, each consisting of a square mile. This meant that the City of Excelsior extended beyond the north shore of Lake Minnetonka to Medina's southern border. Excelsior's northern residents tolerated this inconvenience until 1868, when Excelsior's north shore residents voted to become a part of Medina. This expanded Medina to over 50 square miles. In 1889, George A. Brackett led a successful drive to carve the City of Orono out of the southern 11 sections of Medina. Later, the City also ceded away land to Loretto, when it incorporated in 1940. Loretto had been platted since 1886 at the time the Minneapolis & St. Paul and Sault St. Marie railroad came through. The Hamel area of Medina was platted as a City as early as 1879, but it's efforts to incorporate failed, in part, because of the complication of straddling the borders of both Medina and Plymouth. This hamlet might have been called Lenz after Leonard Lenzen, who built a mill on Elm Creek and set up a post office in the name of Lenz in 1861. But, when the William Hamel family gave land to the railroad for the train depot in 1884 they asked that it be called "Hamel," and the name took root. To this day people call this hamlet of Medina, Hamel. Built on the road from Minneapolis to Rockford, Hamel was a busy hamlet. At the turn of 1.30 History of City of Medina 6 the century Hamel boasted a school, two hotels, the Church of St. Anne's, a hall for the Ancient Order of United Workman and numerous stores. The town decreased to its present size after TH 55 bypassed it in the 1950's. As it grew, Medina graduated from "township" status to become a "village" in 1955; it incorporated as a City in 1974. In 20170, Medina is a prosperous, suburban edge City and with its population just over 56,000, its residents are eager to preserve its rural heritage. Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010 1.30 History of City of Medina 7 MEDINA T'.4+O OxIganizational Chart Planning Commission Ad Hoc Committees Police Sergeant Administration Intern Assistant City Administrator -City Clerk r-- CPark Commission - - City Administrator City Engineer City Attorney City Prosecutor Planning Consultant Building Inspector Fire Marshal Assessor Other Contracted Services Police Chief / Finance Director Investigators Community Service Officers Police Reserves Administrative Accounting Assistant Technician Cscriptionist/ ance Clerk City Planner Associate Planner Planning/GIS Assistant Office Assistant to Planning & Public Works Public Works Director Public Works Foreman Field Inspector Water &Sewer Operator Public Works Maintenance Workers Approved 12.21.2010 Personnel Policy MEDINA 1.50 Definitions City - City of Medina City Council - City Council of the City of Medina Domestic Partner — A same- or opposite -sex adult partner who has met the requirements of and has a completed Affidavit of Domestic Partnership Form on file with the City Clerk's Office. Exempt Employee - Employee not covered by the minimum wage and overtime provisions of the Federal or State Fair Labor Standards Acts. Non-exempt Employee - Employee covered by the minimum wage and overtime provisions of Federal or State Fair Labor Standards Acts. Regular Employee - An employee who has successfully completed all stages of the selection process, including the training period (probation period), works year-round in an ongoing position, and serves at -will. Full-time Employee - An employee who is normally scheduled for an average of at least forty (40) hours per week year-round in an ongoing position. Part-time Employee - An employee who is normally scheduled for an average of less than thirty (30)forty (40) hours per week. A part-time employee can be classified as a regular, temporary, or seasonal employee. Benefited Part-time Employee — an employee who is normally scheduled for an average of at least thirty (30) or more hours per week, but less than forty (40) hours per week, and works year-round in an ongoing position. A benefited part-time employee will accrue leave benefits at three -fourths the rate of a full-time regular employee and will receive group health insurance premium assistance at three -fourths the rate of a full-time regular employee. Seasonal Employee - An employee who is employed for a defined period of less than one year where the defined period relates to "seasonal activities" of the City. Temporary Employee - An employee who is employed for a defined period of less than one year. 1.50 Definitions 9 Personnel Policy MEDINA Promotion - Filling a position through internal means where a current employee moves from one job to another, in a class with higher or comparable pay. Demotion - The movement of an employee from one job class to another within the city, where the maximum salary for the new position is lower than that of the employee's former position. Reclassify - Movement of a job from one classification to another classification because of a significant change in the position's duties and responsibilities. Probationary Employee — An employee who is hired or promoted to a regular or part- time position and is serving the required probationary period. Probationary Period — The first six (6) months of continuous employment for a newly hired or promoted regular full-time or regular part-time employee. The training period is an integral extension of the cCity's selection process and is used by supervisors for closely observing an employee's work. An employee serving his/her initial probationary period may be disciplined at the sole discretion of the cCity, up to and including dismissal. An employee so disciplined, including dismissal, will not have any grievance rights. Nothing in this policy handbook shall be construed to imply that after completion of the probationary period, an employee has any vested interest or property right to continued City employment. Time served in temporary, seasonal, volunteer or interim positions are not considered part of the probationary period. If an emergency arises during an employee's probationary period which requires a leave of absence, such as time off, if granted, will not be considered as time worked, and the probationary period will be extended by the length of time taken. Approved By: Medina City Council Date: December 20, 2005; Amended January 4, 2011 1.50 Definitions 10 Personnel Policy MEDINA 2.10 City Service Purpose: To define the selection process for employment with the City. Policy: The City Administrator, subject to approval by the City Council, shall select individuals for employment with the City on the basis of merit for the position. After a conditional offer of employment is made to a job applicant, (to both new employees and promotional employees) the City may require the candidate to take and pass a pre -employment physical and/or psychological exam, including a pre -employment drug or alcohol test. The City may also give written or oral examinations to job applicants when necessary to evaluate the knowledge, skills, abilities and other qualifications of the candidate to fulfill the duties of the position. Any examinations given shall be based upon the actual physical and mental requirements of the job. Position Posting When a position becomes available, it shall be posted and/or advertised through various sources as deemed appropriate by the City Administrator. The City Administrator or designee will determine if a vacancy will be filled through an open recruitment or by promotion, transfer, or some other method. This determination will be made on a case - by -case basis. The majority of position vacancies will be filled through an open recruitment process. When a position becomes available, it shall be posted and/or advertised through various sources as deemed appropriate by the City Administrator or designee. Equal Employment Opportunity It is the policy of the City to provide equal employment opportunity to all persons. All employment practices and policies will be nondiscriminatory and in compliance with federal laws, state statutes, and local ordinances. No individual may be excluded from any employment or be subjected to discrimination regarding any and all terms and conditions of employment on the basis of race, color, creed, religion, national origin, gender (including pregnancy, childbirth, and related medical conditions)sex, marital status, familial status, membership or activity in a local commission, sexual orientation or identity, disability, age, status with regard to public assistance or veteran status. This policy applies to all employees and includes, but is not limited to: recruitment, hiring, placement, promotion, demotion or transfer, layoff, recall, termination, rates of pay or other forms of compensation, and selection for training. 2.10 City Service 11 Probationary Period The probationary period is an integral part of the selection process and will be used for the purpose of closely observing the employee's work and for training the employee in work expectations. All newly hired employees will undergo a six (6) month probationary period unless covered by a collective bargaining agreement stating a different time frame. At the end of the probationary period, the City Administrator or Department Head; subject to review by the City Council, will decide whether to extend the probation, lift the probation, or terminate the position subject to review by the City Council. Once the probation period ends, the employee will be considered a regular City employee and will accrue benefits that the employee is entitled tobe able to utilize personal leave benefits. A probationary period may be waived for promotions or other purposes at the discretion of the City Council. The City holds an `employment at will' policy. Employment may be terminated by either the City or the employee at any time for any reason not contrary to law. Changes to Employee Information It is each employee's responsibility to notify the City with any change of status including address, phone number, names of beneficiaries, marital status, etc. Approved By: Medina City Council Date: December 20, 2005 2.10 City Service 12 Personnel Policy MEDINA 2.12 Drug and Alcohol Testing Purpose: The purpose of this policy is to ensure a drug and alcohol free work environment and to reduce and eliminate drug and alcohol related accidents, injuries, fatalities and damage to City property resulting from the misuse of alcohol or use of controlled substances. Policy: Types of Testing. Employees are subject to drug and alcohol testing in the following circumstances: a. Job Applicant Testing. The City may require that all any applicants who have has received conditional offers of employment undergo drug and alcohol testing. A failure of the drug test, a refusal to take the test, or failure to meet other conditions of the offer will result in a withdrawal of the offer of employment even if the applicant's provisional employment has begun. A negative or positive dilute test result, following a second collection, which has been confirmed, will also result in immediate withdrawal of an offer of employment to an applicant. If the offer of conditional employment is subsequently withdrawn, the City will notify the applicant of the reason for the withdrawal. b. Routine Physical Examination Testing. Any employee may be required to undergo drug and alcohol testing as part of a routine physical examination. The drug or alcohol test will be requested no more than once annually and the employee will be given at least two weeks' written notice that the test shall be required as part of the examination. c. Random Testing. An employee in a safety -sensitive position in which impairment caused by drug or alcohol usage would threaten the health or safety of any person may be required to undergo random drug and alcohol testing. In addition, employees who are required to have a commercial driver's license, are subject to random testing as required by federal law. d. Reasonable Suspicion Testing. Any employee may be required to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: (a) is under the influence of drugs or alcohol; or (b) has violated the city's written work rules prohibiting the useengaged in the 2.12 Drug and Alcohol Testing 13 i use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on City property or operating a City vehicle, machinery, or equipment; or (c) has sustained a personal injury arising out of and in the course of employment, or caused another person to sustain a personal injury, and although the employer does not specifically suspect drug use, there is a reasonable possibility that drug use was a contributing factor to the injury; or (d) has caused a work -related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work -related accident. e. Treatment Program Testing. Any employee may be required to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under the City insurance, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. Testing Procedure. Any department head or the City Administrator may order the drug and alcohol testing. Before undergoing drug or alcohol testing, the employee shall complete a form (1) acknowledging that the employee has seen a copy of the City's drug and alcohol policy, and (2) indicating consent to undergo the drug and alcohol testing. Testing Laboratory. A laboratory meeting all requirements of state law, including those set forth in Minn. Stat. Sec. 181.953, shall handle all drug and alcohol testing. Test Results. Within three days of obtaining the final test results, the testing laboratory shall provide the City with a written report indicating the drug(s), alcohol, or their metabolites tested for, the types of test conducted, and whether the test produced negative or positive test results. Within three working days after receipt of the test result report, the City shall inform the employee in writing of a negative test result on an initial screening test, or of a negative or positive test result on a confirmatory test. Rights of Employees and Job Applicants. Employees and applicants have a right to request and receive a copy of the test result report. If an employee or applicant tests positive for drug use, the City will give written notice of the right to explain the positive test. Within three working days after notice of a positive test result on a confirmatory test, the employee or applicant may submit information to the City to explain that result or may, within five working days after notice of the positive test result, request a confirmatory retest at the employee's or the applicant's own expense. If the confirmatory retest does not confirm the original positive test result, the City will not take any adverse personnel action against the employee or applicant based on the original confirmatory test and will reimburse the employee for the expense of the retest. 2.12 Drug and Alcohol Testing 14 Consequences for Refusal to Test. Employees and job applicants have the right to refuse to undergo drug and alcohol testing. However, failure to comply with the City's drug and alcohol policy, and refusal to take a drug and alcohol test upon request shall subject an employee to discipline, including discharge. If an applicant refuses to test, the job offer will immediately be withdrawn. Discipline. An employee who has a positive test result on a confirmatory test, when this is the first such result for the employee, will be subject to discipline but shall not be discharged unless (1) the employee has been given an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency_..-, The certified chemical use counselor or physician trained in the diagnoses and treatment of chemical dependency will determine if the employee has followed the rehabilitation program as prescribed; and (2) the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program as evidenced by withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program. Participation in the specified program will be at the employee's own expense or pursuant to coverage under the City's insurance. All other employees obtaining a positive test result will be subject to discipline including discharge. Nothing in this policy limits the right of the City to discipline or dismiss an employee on grounds other than a positive confirmatory test result, including conviction of any criminal drug statute for a violation occurring in the workplace or violation of other cCity personnel policies. Data Privacy Test results and other information gathered under this policy will generally be treated as private data on individuals. Positive results will typically be disclosed to the employee, the employee's Department Head and the City Administrator. Beyond those on a need to know basis in the city, Rresults will not be disclosed to others unless requested in writing by the employee or required by law. Approved By: Medina City Council Date: December 20, 2005 2.12 Drug and Alcohol Testing 15 _ _ Personnel Policy MEDINA 2.16 Drug and Alcohol Testing — Commercial Motor Vehicle Operator Purpose: The purpose of this policy is to ensure a drug and alcohol free transportation and work environment and to reduce and eliminate drug and alcohol related accidents, injuries, fatalities and damage to City property resulting from the misuse of alcohol or use of controlled substances by drivers who operate vehicles requiring a Commercial Driver's License. Policy: This policy applies to every City employee (full-time, part-time and temporary/seasonal, etc) or applicant for employment in the case of pre -employment drug testing, who holds a Commercial Driver's License (CDL) and who drives a Commercial Motor Vehicle (CMV). This policy implements the drug and alcohol testing requirements of the U.S. Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA). It is in addition to the City of Medina Drug and Alcohol Policy which is established under Minnesota state law and the Drug Free Workplace Act of 1988. It is the City's intention to comply fully with the DOT regulations. In the event DOT regulations are amended, this policy and the requirements shall be deemed to have been amended automatically. Redrafting will not be necessary in order to reflect and be in compliance with DOT regulations. The City reserves the right to apply the amended requirements immediately, without giving prior notice to employees and/or applicants who may be covered by this policy, unless such notice is required by DOT or other applicable law. I. DEFINITIONS Definitions as used under this Policy set forth below and in greater detail in 49 CFR § § 40.3 and 382.107. A. Driver Any employee who holds a CDL and operates a CMV which falls under the specific DOT criteria. This includes, but is not limited to, full-time, part-time, seasonal/temporary, intermittent or occasional employees of the City. The word driver and employee will be used throughout this policy interchangeably. 2.16 Drug and Alcohol Testing CMV 16 B. Accident An occurrence involving a commercial motor vehicle operating on a public road which results in: 1. A loss of human life; or 2. The employee receiving a citation under State or local law for a moving traffic violation arising from the accident if the accident involved: o Bodily injury to a person who as a result of the injury, immediately receives medical treatment away from the scene of the accident; and/or o One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. C. Breath Alcohol Technician (BAT) An individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device. D. Commercial Motor Vehicle CMV means a motor vehicle or a combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: o Has a gross combination weight rating of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000; or o Has a gross vehicle weight rating of 26,001 pounds or more; or o Is designed to transport 16 or more passengers including the driver; or o Is of any size and is used in the transportation of materials found to be for the purposes of the Hazardous Transportation Act and which require the motor vehicle to have a placard under the Hazardous Materials Regulations. E. Confirmatory Test Alcohol: A second test, following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration. DfugsControlled Substance: A second testing of the original test sample when the initial test produces a positive test result. F. Confirmatory Re -Test A third testing of the original test sample when the confirmatory test produces a positive test result. A confirmatory retest is done at the request and the expense of the employee. G. Controlled Substances/(Drugs) For purposes of this policy, drug means a controlled substance. The term includes prescribed drugs not legally obtained, prescribed drugs not being used for prescribed 2.16 Drug and Alcohol Testing — CMV 17 purposes, and any prescribed drugs not taken in accordance with a prescription. In other words, medications prescribed for someone other than the driver will be considered unlawfully used under any circumstances. Pursuant to DOT regulations, all DOT -required drug tests must test for the following substances identified in 49 CFR § 40.85: marijuana, cocaine, amphetamines, opiates (e.g. opium heroin, morphine or codeine) and phencyclidine (i.e. PCP or "angel dust"). The City reserves its independent authority and discretion to prohibit and test for other drugs. H. Medical Review Officer (MRO) A licensed physician responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result, adulterated or substituted specimen, together with his/her medical history and any other relevant biomedical information. I. Refusal to Submit Refusal to submit to an alcohol and/or a controlled substance test is considered when an employee: 1. Fails to provide adequate breath for testing without a valid medical explanation after he/she has received notice of the requirement for breath testing; 2. Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he/she has received notice of the requirement for urine testing; or 3. Engages in conduct that clearly obstructs the testing process, such as providing an adulterated or substituted specimen. J. Safety -Sensitive Function All time from the time a CMV operator begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work and includes the following: 1. all time at a plant, terminal, facility, or other property waiting to be dispatched, unless the driver has been relieved from duty by the supervisor; 2. all time inspecting equipment as required by the Federal Motor Carrier Safety Administration, or otherwise inspecting, servicing, or conditioning any CMV at any time; 3. all time spent at the driving controls of a CMV; 4. all time, other than driving time, spent on or in a CMV (except for time spent resting in the sleeper berth); 5. all time loading or unloading a CMV, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; 2.16 Drug and Alcohol Testing — CMV 18 6. all time spent performing the driver requirements associated with an accident; and 7. all time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. K. Substance Abuse Professional (SAP) A licensed physician or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance -related disorders. II. PROHIBITIONS An employee covered by this Policy shall not: 1. Report for duty, operate City vehicles, equipment or machinery, perform safety sensitive functions, or remain on City property while having any detectable or measurable amount of alcohol in his/her system or while under the influence of illegal drugs; 2. Use, possess, sell, distribute, manufacture, or transport illegal drugs or alcohol while on City property, while operating City equipment, or while on duty; 3. Consume alcohol within four hours before operating a City vehicle; 4. Attempt to perform job duties when taking medically prescribed drugs or other substances which may alter job performance, unless the employee has been advised by a licensed medical practitioner that the prescription drug will not adversely affect the driver's ability to safely operate a CMV. If the prescription drug does affect performance, the employee must notify his/her supervisor. 5. Refuse to submit to a required drug and/or alcohol test as required under this policy. Any supervisor or manager who has actual knowledge that an employee has violated or attempted to violate any of the above prohibitions shall not permit the employee to perform any job duties, nor to remain on duty. An employee found to be in violation of any of the provisions of this policy shall be subject to discipline up to and including termination from employment. See section titled, "Consequences for Employees Engaging in Prohibited Conduct" for more information. III. TYPES OF TESTING The City may test any applicant to whom a conditional offer of employment has been made and may test any Driver for controlled substance and alcohol under any of the following circumstances: 2.16 Drug and Alcohol Testing — CMV 19 A. Pre -Employment Testing The City will conduct pre -employment controlled substance testing of each applicant for a Driver position after a conditional job offer has been made to the applicant and prior to the first time a Driver performs a safety -sensitive function for the City. A Driver may not perform safety -sensitive functions unless the Driver has received a controlled substance test result from the Medical Review Officer indicating a verified negative test result. As an alternative to pre -employment controlled substance testing, the City may obtain information from the applicant's previous employers certifying compliance with another DOT controlled substance testing program. If requested, each applicant must execute a consent form authorizing the disclosure of such information. B. Post -Accident Testing As soon as practicable following an accident involving a commercial motor vehicle operating on a public road in commerce, the City will test for alcohol and controlled substance of each surviving Driver: 1. Who was performing safety -sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or 2. Who receives a citation under state or local law for a moving violation arising from the accident and one of the following two conditions is met: a. the accident involved bodily injury to any person who, as a result of the injury immediately receives medical treatment away from the scene of the accident, or b. one or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. A driver who is subject to post -accident testing must remain readily available for such testing. Drivers not readily available for such testing may be deemed by the City to have refused to submit to testing. This requirement to remain ready for testing does not preclude a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary medical care. Drivers are required to submit to post -accident controlled substance testing as soon as possible within thirty-two (32) hours of the accident. If the Driver is not tested within thirty-two (32) hours after the accident, the City will cease its attempts to test the Driver and prepare and maintain on file a record stating why the test was not promptly administered. Drivers are required to submit to post -accident alcohol testing as soon as possible within two (2) hours, and in any event no more than eight (8) hours, after the accident. After an accident, consuming alcohol is prohibited until the Driver is tested. If the Driver is not tested within two (2) hours after the accident, the City will prepare and maintain on file a record stating why the test was not administered 2.16 Drug and Alcohol Testing — CMV 20 within that time. If the Driver is not tested within eight (8) hours after the accident, the City will cease its attempts to test the Driver and prepare and maintain on file a record stating why the test was not administered. In the event of an accident, it is possible the Driver will be directed to submit to a breath, blood, or urine test for the use of alcohol or controlled substance administered by a federal, state, or local law enforcement officer. Whenever such a test is conducted by a law enforcement officer, the Driver must contact the City and immediately report the existence of the test, providing the name, badge number, and telephone number of the law enforcement officer who conducted the test. C. Random Testing Every Driver will be subject to unannounced alcohol and controlled substance testing on a random selection basis. Drivers will be selected for testing by use of a scientifically valid method under which each Driver has an equal chance of being selected each time selections are made. These random tests will be conducted throughout the calendar year. Each Driver who is notified of selection for random testing must cease performing safety -sensitive functions (other than driving a commercial motor vehicle) and report to the designated test site immediately. It is mathematically possible that Drivers may be selected for more than one (1) random test per year, and others not at all. If a Driver is selected for a random test while he or she is absent, on leave or away from work, that Driver will be required to undergo the test when he or she returns to work. At this time, federal law requires the City to test at a rate of at least fifty twenty-five percent (5025%) of its average number of Drivers for controlled substance each year, and to test at a rate of at least ten percent (10%) of its average number of Drivers for alcohol each year. These minimum testing rates are subject to change by the DOT. D. Reasonable Suspicion Testing When the City has reasonable suspicion to believe the Driver has engaged in conduct prohibited by federal law, the City must require the Driver to submit to an alcohol or controlled substance test. Alcohol testing will occur while the Driver is performing safety -sensitive functions, just before the Driver is to perform safety - sensitive functions, or just after the Driver has ceased performing such functions. The City's determination that reasonable suspicion exists to require the Driver to undergo an alcohol test will be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the Driver made during, just preceding, or just after the period of the work day that the Driver is required to be in compliance with this policy. In the case of controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance. 2.16 Drug and Alcohol Testing — CMV 21 The required observations for reasonable suspicion testing will be made by a Supervisor or other person designated by the City who has received appropriate training in identification of actions, appearance and conduct or a Driver which are indicative of the use of alcohol or controlled substance. These observations will be reflected in writing on a Reasonable Suspicion Record Form. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test will not conduct the alcohol test of the Driver, which shall instead be conducted by another qualified person. If a reasonable suspicion alcohol test is not administered within two (2) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not administered, and will cease attempts to conduct the alcohol test. If a reasonable suspicion controlled substance test is not administered within thirty-two (32) hours following the determination of reasonable suspicion, the City will cease attempts to administer a controlled substance test and will prepare a record stating the reasons for not administering the test. Notwithstanding the absence of a reasonable suspicion test, no Driver may report for duty or remain on duty requiring the performance of safety -sensitive functions while the Driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol use, nor will the City permit the Driver to perform or continue to perform safety -sensitive functions until (1) an alcohol test is administered and the Driver's alcohol concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the determination of reasonable suspicion. E. Return -to -Duty Testing The City reserves the right to impose discipline against Drivers who violate applicable FMCSA rules or this policy, subject to applicable personnel and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such Drivers. Should the City consider reinstatement of such a Driver, the Driver must undergo a Substance Abuse Professional ("SAP") evaluation and participate in any prescribed education/treatment, and successfully complete return -to -duty alcohol test with a result indicating an alcohol concentration of less than 0 02 if the conduct involved alcohol, and/or a controlled substance test with a verified negative result if the conduct involved a controlled substance, before the Driver returns to duty requiring the performance of a safety -sensitive function. The SAP determines if the driver has completed the education/treatment as prescribed. 2.16 Drug and Alcohol Testing — CMV 22 The employee is responsible for paying for all costs associated with the return -to - duty test. The controlled substance test will be conducted under direct observation. F. Follow -Up Testing The City reserves the right to impose discipline against Drivers who violate applicable FMCSA rules, subject to applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such Drivers. Should the City reinstate a Driver following determination by a Substance Abuse Professional that the Driver needs assistance to resolve problems associated with alcohol use and/or use of controlled substance, the City will ensure that the Driver is subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency of such follow-up testing will be directed by the Substance Abuse Professional and consist of at least (6) tests in the first twelve (12) months following the Driver's return to duty. Follow-up testing will not exceed sixty (60) months from the date of the Driver's return to duty. Follow-up alcohol testing will be conducted only when the Driver is performing safety -sensitive functions, just before the Driver is to perform safety -sensitive functions, or just after the Driver has ceased performing safety -sensitive functions. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines such test is no longer necessary. The employee is responsible for paying for all costs associated with follow-up tests. IV. COLLECTION AND TESTING PROCEDURES A. Alcohol Testing Employees will be tested for alcohol just before, during, or immediately following performance of a safety -sensitive function. Screening tests for alcohol concentration will be performed utilizing a non -evidential screening device included by the National Highway Traffic Safety Administration on its conforming products list (e.g. , a saliva screening device) or an evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT) at a collection site. All confirmation tests will be conducted in a location that affords privacy to the Driver being tested, unless unusual circumstances (e.g. when it is essential to conduct a test outdoors at the sense of an accident) make it impracticable to provide such privacy. If a breath test is being conducted, and a Driver does not provide a sufficient amount of breath to permit a valid breath test, the collector will instruct the Driver the proper way to provide sufficient amount of breath, and ask the Driver to attempt to provide a sufficient amount of breath a second time. If the Driver again attempts and fails to provide a sufficient amount of breath, the collector may provide another opportunity for the Driver to do so if the collector believes there is a strong likelihood that another opportunity could result in a sufficient amount of breath. The collector may 2.16 Drug and Alcohol Testing — CMV 23 then change to a saliva alcohol screening test, if the collector is qualified to provide such a test. If none of these procedures result in a sufficient amount of breath for an alcohol test, the Driver must obtain, within five days, a written evaluation from a licensed physician acceptable to the City who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen for testing. If the licensed physician concludes that a medical condition has, or with a high degree of probability could have, precluded the Driver from providing a sufficient specimen, the City will consider the test to be canceled. If the licensed physician cannot make such a determination, the City will consider the Driver to have refused to engage in the testing process, and will take appropriate disciplinary action under this policy. If the collector is utilizing a saliva alcohol test, and the employee is unable to provide sufficient saliva to complete the test on a saliva screening device, the collector will conduct a new screening test using a new screening device. If the employee has not provided a sufficient amount of saliva to complete the new test, the collector will arrange to administer an alcohol test to the employee using a breath testing device. B. Controlled Substance Testing The City will use a "split urine specimen" collection procedure for controlled substance testing. Collection of urine specimens for controlled substance testing will be conducted by an approved collector and will be conducted in a setting and manner calculated to ensure the Driver's privacy. The collection facility will be responsible for maintaining a proper chain of custody for delivery of the sample to a DHHS — certified laboratory for analysis. The laboratory will retain a sufficient portion of any positive sample for testing and store that portion in a scientifically -acceptable manner for a minimum of twelve (12) months. If an employee fails to provide a sufficient amount of urine to permit a controlled substance test (45 milliliters of urine), the collector will discard the insufficient specimen, unless there is evidence of tampering with that specimen. The collector will urge the Driver to drink up to 40 ounces of fluid, distributed reasonably for a period of up to three hours, or until the Driver has provided a sufficient urine specimen, whichever occurs first. If the Driver has not provided a sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease efforts to attempt to obtain a specimen. The Driver must then obtain, within five working days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. If the licensed physician concludes that a medical condition has, or with a high degree of probability could have, precluded the Driver from providing a sufficient amount of urine, the City will consider the test to have been canceled. If a licensed physician cannot make such a determination, the City will consider the Driver to have engaged in a refusal to test, and will take appropriate disciplinary action under this policy. C. Chain of Custody and Confidentiality of Test Results 2.16 Drug and Alcohol Testing — CMV 24 All controlled substance and alcohol testing will be performed in compliance with applicable law, including use of an appropriately -licensed urine testing laboratory which observes applicable control and custody procedures. The City will use procedures to test for the presence of alcohol and controlled substance in order to protect the Driver and the integrity of the testing process, safeguard the validity of the test results, and ensure that test results are attributed to the correct Driver. All reports of tests will be kept in the strictest confidence by the laboratory and provided only to the City and the City's MRO, unless the Driver provides written consent or disclosure is otherwise permitted or required by law. D. Review by Medical Review Officer (MRO) The Medical Review Officer (MRO) is a licensed physician with knowledge and clinical experience in substance abuse disorders, and is responsible for receiving and reviewing laboratory results of the controlled substances test as well as evaluating medical explanations for certain drug test results. Results of controlled substance tests will be sent by the testing laboratory to an independent Medical Review Officer (MRO} selected by the City. The MRO is responsible for performing many functions, including reviewing and interpreting test results, reviewing the Driver's medical history to explain a positive test result, and notifying Drivers of confirmed positive test results. Drivers who have been tested for controlled substances must remain available following the test to be contacted by the MRO. Prior to making a final decision to verify a positive test result, the MRO will give the individual an opportunity to discuss the test result. The MRO, or a staff person under the MRO's supervision, will contact the individual directly, on a confidential basis, to determine whether the individual wishes to discuss the test result. If the individual wishes to discuss the test result: 1. The individual may be required to speak and/or meet with the MRO, who will review the individual's medical history, including any medical records provided; 2. The individual will be afforded the opportunity to discuss the test results and to offer any additional or clarifying information which may explain the positive test result; 3. If there is some new information which may affect the original finding, the MRO may request the laboratory to perform additional testing on the original specimen in order to further clarify the results; and 4. A final determination will be made by the MRO that the test is either positive or negative, and the individual will be so advised. If the MRO determines that there is a legitimate medical explanation for a confirmed positive test result, the MRO will report the test result to the City as negative. If the MRO determines that there is no legitimate medical explanation for a confirmed positive test result, the MRO will report the positive test result to the City in accordance with DOT regulations. Based on a review of laboratory reports, quality assurance and quality control data, and other controlled substance test results, the 2.16 Drug and Alcohol Testing — CMV 25 MRO may conclude that a particular confirmed positive controlled substance test result is scientifically insufficient for further action. Under these circumstances, the MRO will conclude that the test is negative for the presence of controlled substances or controlled substance metabolites in a Driver's system. E. Notification of Test Results 1. Job Applicants The City will notify an applicant of the results of a pre -employment controlled substance test if the applicant requests such test results within sixty (60) calendar days of being notified of the disposition of the applicant's employment application. 2. Employees The City will notify a Driver of the results of random, reasonable, suspicion, and post -accident tests for controlled substance if the test results are verified positive, and will inform the Driver which controlled substance or substances were verified as positive. Results of alcohol tests will be immediately available from the collection agent. 3. Right to Confirmatory Retest Within seventy-two (72) hours after receiving notice of a positive controlled substance test result, an applicant or Driver may request through the MRO a confirmatory retest of the Driver's split specimen. Action required by federal regulation as a result of a positive controlled substance (e.g. removal from safety -sensitive functions) will not be stayed during retesting of the split specimen. If the result of the confirmatory retest fails to reconfirm the presence of the controlled substance(s) or controlled substance metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO will cancel the test. Drivers will be reimbursed for any pay lost if taken out of service based upon a positive test result which is later negated by a confirmatory retest, and no adverse personnel action will be taken against the Driver or job applicant based on the original test. 4. Dilute Specimens a. Dilute Positives. If the City receives information that a Driver has provided a dilute positive specimen, the City will consider the employee to have tested positive under this policy. b. Dilute Negatives. If a Driver provides a dilute negative specimen, the City will direct the Driver to take a second screening test. The second screening test will be performed as soon as possible after the City receives word of the dilute negative specimen. V. REFUSAL TO SUBMIT TO A TEST 2.16 Drug and Alcohol Testing — CMV 26 Drivers and applicants have the right to refuse to submit to an alcohol or controlled substance test. If a Driver or applicant refuses, no test will be conducted. However, such a refusal by a Driver will be considered a positive test result, will cause disqualification from performing safety sensitive functions, and will result in discipline pursuant to this policy. If an applicant refuses to submit to pre -employment testing, any conditional offer of employment will be withdrawn. VI. CONSEOUENCES FOR DRIVERS ENGAGING IN PROHIBITED CONDUCT A. Job Applicants. The City's conditional offer of employment will be withdrawn from any job applicant who refuses to be tested or tests positive for a controlled substance pursuant to this policy. B. Removal from Safety -Sensitive Function. Employees shall not be permitted to perform safety -sensitive functions; Federal Highway Administration (FHWA) rules require that in the event of an alcohol test result over .02 but less than 0.04, an employee shall not be permitted to perform safety -sensitive functions for at least 24 hours. C. Notification of Resources. The City shall advise employees of the resources available to them in evaluating and resolving problems associated with misuse of alcohol or use of controlled substances. D. Evaluation and Return to DutyFollow up Testing. Employees shall be evaluated by a substance abuse professional as determined by the City. The substance abuse fof ssio,.,r sl 'l dete , ine a hat t nce, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substance use. In addition, each employee identified as needing assistance in resolving problems associated with alcohol or controlled substances shall be evaluated by a substance abuse professional to determine that the employee has followed the rehabilitation program prescribed. Should the City wish to consider reinstatement of a driver who engaged in conduct prohibited by federal law and/or who had a positive alcohol or controlled substance test, the driver must undergo a SAP evaluation, participate in any prescribed education/treatment, and successfully complete return -to -duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety -sensitive function. The SAP will determine what assistancei if any, the driver needs in resolving problems associated with alcohol misuse and controlled substance use and will ensure the driver properly follows any rehabilitation program and submits to unannounced follow-up alcohol and controlled substance testing. E. Follow -Up Testing. If the driver passes the return -to -duty test, he/she will be subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency for such follow-up testing will be as directed by the SAP and will 2.16 Drug and Alcohol Testing — CMV 27 consist of at least six tests in the first twelve months. These tests will be conducted under direct observation. EF. Cost of Evaluation and Rehabilitation. Participation in an evaluation and counseling or rehabilitation program (including services provided by a Substance Abuse Professional) recommended or required by the City or FMCSA or DOT rules, except to the extent that such expense is covered by an applicable employee benefit plan or imposed on the City pursuant to a collective bargaining agreement, will be at the employee's own expense, or pursuant to-cever e a der the „leyee s-he fn „la F. Return to Duty Before an employee returns to duty requiring performance of a safety sensitive function he breath alcohol level of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled alcohol and controlled substance testing following the employee's return to work. This testing shall be as directed by the substance abuse professional and federal law. Approved By: Medina City Council Date: December 20, 2005 2.16 Drug and Alcohol Testing — CMV 28 Personnel Policy MEDINA 2.20 Employment of Relatives Purpose: To define the employment practices of an employee's immediate family members. Policy: The City prohibits the employment of two members from the same immediate family under any one of the following circumstances: Where one employee will supervise another member of his/her immediate family. Where confidentiality of the City would be compromised. The term "immediate family" is defined in this policy as any two or more individuals who reside in the same dwelling unit or who are related by blood, marriage, or adoption where one of the individuals is the spouse, parent, grandparent, child, brother, or sister of the other. This policy shall not apply to the hiring of part-time, seasonal or temporary employees. Approved By: Medina City Council Date: December 20, 2005 2.20 Employment of Relatives 29 Personnel Policy MEDINA 2.30 Attendance and Hours of Work Purpose: The City recognizes the need for its offices to be open consistently at designated work hours during the day to provide service to the general public. The City expects employees to be at their jobs during designated minimum work hours. The operations and standards of service in the City of Medina require that employees be at work unless valid reasons warrant absence or an employee has a position that has been approved to work remotely. In order for a team to function efficiently and effectively, employees must fully understand the goals that have been set for them and the time required to be on the job. Understanding attendance requirements is an essential function of every cCity position. Policy: 1. Office Hours — The normal office hours of Medina City Hall shall consist of eight (8) hours, beginning at 8:00 a.m. and ending at 4:30 p.m., Monday through Friday. Department heads shall ensure that City Hall is staffed appropriately during normal office hours. 2. Work Schedules - Work schedules of the department heads shall be established by the City Administrator. Work schedules for all other personnel shall be established by the appropriate department head with the approval of the City Administrator. Full-time employees will work at least forty (40) hours each week. The normal work week for regular full-time non-exempt employees shall be defined as five (5) eight (8) —hour working days including two (2) fifteen (15) minute breaks per eight (8) hour shift and excluding a thirty (30) minute lunch break, Monday through Friday, except as otherwise established by a department head in accordance with custom and needs of the department, or as otherwise defined by a bargaining unit agreement. Rest Periods - Every employee working an eight (8) hour shift, when working under conditions where a break period is practicable, shall be granted a fifteen (15) minute break period in each half of the employee's 8 hour shift. Each department head shall schedule rest periods so as not to interfere with work requirements. An employee may choose to combine the meal and rest period, if permitted by the department head. 3. Pay Period - For the purpose of determining pay periods and overtime pay, the work week shall be from 12:01 a.m., Sunday to 12:00 a.m. (midnight), Saturday. 2.30 Attendance and Hours of Work 30 Personnel Policy MEDWA 4. Nursing Mothers - In accordance with state law, employees who are nursing mothers will be provided reasonable unpaid break time for the purpose of expressing milk. The cCity will provide a room other than a bathroom as close as possible to the employee's work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express milk in private. Approved By: Medina City Council Date: December 20, 2005 2.30 Attendance and Hours of Work 31 Personnel Policy MEDINA 2.40 Employee Training and Development Purpose: To provide for training and development opportunities for City employees. Policy: An employee's supervisor and/or department head may authorize employees to attend conferences, workshops, or other sessions that are job related at City expense. Attendance at these conferences is considered as time on duty for purposes of compensation. Time spent outside the employee's work schedule for attendance at non - mandatory conferences and workshops and for travel is not time on duty for purposes of compensation. Approved By: Medina City Council Date: December 20, 2005 2.40 Employee Training and Development 32 Personnel Policy MEDINA 2.50 Discipline & Corrective Action Purpose: The City expects professionalism of its employees. This policy defines measures of disciplinary and corrective actions when an employee fails to fulfill duties and responsibilities at the level required, or when these policies and/or work rules, as may be defined by City management personnel and the City Council, are violated. This policy is not to be construed as contractual terms and is intended to serve only as a guide for employment discipline Policy: 1. At -Will Employment All employees covered by the Personnel Policy are employees at will who may be discharged at any time for any reason not contrary to law. There is no guarantee of continued employment to any employee. 2. Reasons for Discipline Examples of instances in which an employee will face discipline shall include, but not be limited to, the following conduct. The fact that specific conduct is not included in the following list shall not limit the City from taking action that it deems appropriate for any other offenses. a. Incompetence, inefficiency, negligence, dishonesty, or any failure to responsibly fulfill and perform the duties and responsibilities of the position held. b. Falsification of personnel records, time sheets or other City records or reports or engaging in deception, fraud, or misrepresentation in the employment application, examination, and/or selection process by omitting information or furnishing false, misleading, or fraudulent information, education credentials, certificate and/or license. c. Inability or unwillingness to perform the essential functions of the position, with or without reasonable accommodation. d. Violation of any provisions of the Personnel Policy, departmental work rules, safety rules, or other City policies and ordinances. e. Harassment or discrimination based upon race, color, creed, religion, national origin, gender (including pregnancy, childbirth, and related medical conditions**, marital status, familial status, membership or activity in a local commission, sexual orientation or identity, disability, age, status with regard to public assistance or veteran status. f. Willful violation of any lawful regulation or order or failure to obey any lawful 2.50 Discipline & Corrective Action 33 direction given by a supervisor where such violation or failure to obey amounts to an act of insubordination. g. Carelessness, negligence or inappropriate use or control of City property and/or equipment. h. Theft or intentional destruction of City property or another employee's property. i. Being under the influence of alcohol or a controlled substance while on duty. j. Inducing or attempting to induce any employee of the City to commit an unlawful act or to act in violation of an official regulation or order. k. Conviction of a felony or gross misdemeanor or a misdemeanor involving moral turpitude which affects the performance of assigned responsibilities or would impair the safe, efficient or effective operation of the department to which the employee is assigned. 1. Accepting any fee, gift or other valuable item or service in the course of work or in connection with it, from any person for personal use, when such a fee, gift, item or service is given in the hope or expectation of receiving a favor or better treatment than accorded other persons. m. Tardiness and/or absenteeism in reporting for scheduled duty, without permission from an authorized supervisory employee or Department head, or abuse of sick leave. n. Sleeping on the job during paid work hours. o. Possession of a firearm in a City vehicle or while on City premises, except for sworn police officers or other City employees acting within the scope of their employment. p. Excessive use of force, threatening or abusive behavior or an act of brutality or cruelty toward others. q. Offensive or inappropriate conduct or language toward fellow employees and/or other persons. r. Using, threatening to use, or attempting to use political influence or attempting to exert unethical pressure on any City employee or officer in securing a promotion, transfer, leave of absence, increased compensation, or other favors. s. Engaging during scheduled work hours in any form of political activity. t. Acting in a manner not here and above specified which tends to lower discipline or morale within the City, embarrasses the City, serves as conduct unbecoming of a City employee, or that adversely affects the rendering of prompt, courteous, and efficient service by the City and its employees to the public. 3. First Amendment Rights Engaging in speech protected by the First Amendment is not a basis for discipline. 4. Disciplinary and Corrective Action The City may, at its sole discretion, take any of the following actions, in any order, including, but not limited to: a. Oral Reprimand: a discussion with the employee's Department head or City 2.50 Discipline & Corrective Action 34 Administrator with the employee advising the employee of the inappropriate conduct and expected corrective action. The oral warning shall be documented and put in the employee's personnel file. b. Written Reprimand: issued to the employee by the Department head or the City Administrator which describes the inappropriate conduct and the behaviors to be corrected, reviews any past action taken to correct the problem, states the desired goals of outcomes for the future and outlines subsequent disciplinary action should the problem continue. A copy of the written reprimand will be placed in the employee's personnel file. c. Suspension : An employee may be suspended with or without pay upon the recommendation of the Department head or City Administrator for a period not to exceed ten (10) working days. A recommendation for suspension without pay beyond ten working days is at the sole discretion of the City Council. Qualified veterans who have completed their initial probationary period will not be suspended without pay in conjunction with a termination. d. Salary r eerease: An employee's merit increase may be withheld or their salary may be decreased upon recommendation of the Department head, subject to approval by the City Administrator. In no case shall an employee's salary be decreased below the minimum of their assigned pay range. A written notice of the employee's salary, indicating the reason(s), shall be placed in the employee's personnel file. e. Involuntary Demotion: An employee may be demoted or transferred if he/she fails to meet the standards expected at a higher classification or for disciplinary reasons and the demotion or transfer will be upon the recommendation of the City Administrator, subject to the approval of the City Council. A written notice indicating the reasons of the demotion or transfer shall be placed in the employee's personnel file. f. Dismissal: Dismissal is the permanent separation of the employee from City employment. Recommendations for dismissal shall come from the City Administrator, subject to the approval of the City Council. The recommendation shall contain the reasons why it is necessary for the employee to separate from the City. A written notice of dismissal, indicating the reason(s), shall be placed in the employee's personnel file. 5. Grievance A terminated or disciplined employee may use the grievance procedure of Section 2.60 of the Personnel Policy with respect to any disciplinary action. 6. Notification In the instances where the employee is an honorably discharged veteran, who has 2.50 Discipline & Corrective Action 35 i completed his/her initial probationary period, a written notice must be provided stating the intent to demote or dismiss. This notice must inform the veteran of their right to request a hearing within 69 thirty -(30) days of the notice. Under Minn. Stat. 181.933, an employee who has been terminated may request a written explanation of the reasons for termination. This request must be submitted in writing to the immediate supervisor, department head, or Appointing Authority within 15 working days after the termination. The City must respond within 10 working days after receiving the request. Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010 2.50 Discipline & Corrective Action 36 Personnel Policy MEDINA 2.60 Grievances Purpose: It is the policy of the City,. insofar as when possible,. to prevent the occurrence of grievances and to deal promptly with those which occur meanwhile facilitating communication and giving employees an opportunity to be heard. Policy: General Provisions A grievance is a dispute or disagreement raised by a regular employee against the City, a Department head, or other employee because of an interpretation or application of the specifics provision of this policy or disciplinary action. This grievance process is available to all regular full-time and part-time non- union employees who have successfully completed their probationary period. Probationary employees do not have access to the grievance procedure. In no case shall this grievance procedure be applicable to any employee who is covered by a labor agreement. In order to submit a grievance, steps must be taken in order or the grievance shall be considered waived. The submitted grievance shall be submitted in whole from the beginning of Step 1 and cannot be changed during the grievance process. An employee may only submit one (1) grievance on any one (1) complaint. The grievance shall be submitted in the time allotted. If it is not submitted within the ten (10) day time limit in Step 1, the grievance shall be waived. Extensions on time allotments in this policy shall be allowed only on the terms of mutual agreement of the employee and the authority involved in the current step. Step 1 An employee must bring a written grievance to the attention of the Department head within ten (10) calendar days of its occurrence. When bringing a grievance to the Department head's attention, the employee must submit a written statement giving the nature of the grievance, the facts on which it is based, the date at which the incident occurred, the provision(s) of the personnel policies that were allegedly violated, and the remedy requested by the employee. Once the Department head receives the grievance, the Department head has ten (10) calendar days to discuss the grievance with the employee and provide the employee with a response. If the employee who submitted the grievance is not satisfied with the resolution or the ten (10) calendar days expire without a resolution, the grievance process shall continue to Step 2. 2.60 Grievances 37 Step 2 A grievance not resolved in Step 1 may be appealed in writing by the employee to Step 2 to the City Administrator. An employee must bring a grievance to the attention of the City Administrator within seven (7) calendar days of the completion of Step 1. The employee must submit a written statement to the City Administrator giving the nature of the grievance, the facts, the date at which the incident occurred, the provision(s) of the personnel policies that were violated, and the remedy requested by the employee. The City Administrator shall provide a written response to the employee within seven (7) days after receipt of the written grievance. If the employee who submitted the grievance is not satisfied with the resolution or the seven (7) calendar days expire without a resolution, the grievance process shall continue to Step 3. Step 3 If Step 2 does not resolve the grievance, only then shall Step 3 be followed. The employee shall bring the grievance before the City Council at the next regularly scheduled meeting after the completion of Step 2. The City Council has the final authority on the grievance and it cannot be appealed after the Council's ruling, unless otherwise allowed under state law. Approved By: Medina City Council Date: December 20, 2005 2.60 Grievances 38 Personnel Policy MEDINA 2.70 Personnel Record Purpose: To define public information and private information on employees as governed by the Minnesota Government Data Practices Act. Policy: The City of Medina shall maintain a personnel record for each employee that includes public and private information. Public information will be released to anyone upon request. Private information may only be released upon the permission (signed written release) of the employee (data subject). Personnel data under the Minnesota Government Data Practices Act is private unless designated as public. Public personnel data is defined under statute to includes: , Name Employee identification number. Actual gross salary. Salary range. Terms and conditions of employment relationship. Contract fees. Actual gross pension. The value and nature of employer paid fringe benefits. Job title. Bargaining unit. Education and training background. Previous work experience. Date of first and last employment. Work location. Work telephone number. Badge number. Honors and awards received. Work -related continuing education. Actual gross pension. Job description. Value/nature of employer paid benefits. Basis for and amount of any compensation in addition to salary (including expense reimbursement). 2.70 Personnel Record 39 Payroll time sheets or other comparable data used to account for an employee's work time for payroll purposes, as long as the data does not reveal the employee's reason for using sick or other medical leave or other data which are not public). Existence and status of any complaints or charges against the employee, whether or not any disciplinary action is taken ("Release of Disciplinary Information" is further defined under the Minnesota Government Data Practices Act). Final disposition of any disciplinary action, the reasons for the action and data documenting the basis for the action, excluding data that would identify confidential sources who are employees of the public body ("Release of Disciplinary Information" is further defined under the Minnesota Government Data Practices Act). Terms of any agreement settling any dispute arising out of an employment relationship. All personnel data relating to an individual employed as, or an applicant for employment as, an undercover law enforcement officer is private data. Once the individual is no longer assigned to an undercover position, the same data that is public on other employees becomes public unless the city determines that revealing the data would threaten the personal safety of the officer or jeopardize an active investigation. The City shall treat medical data that it receives in association with a workers' compensation claim as private data. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the City designated Human Resource Officer(s). Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010 2.70 Personnel Record 40 Personnel Policy MEDINA 2.80 Inability to Perform Essential Functions Purpose: The City is required to comply with various laws and policies regarding injuries sustained by members of its workforce, and desires to establish procedures for reporting and complying with such laws. Policy: 1. The City is required to comply with various laws and policies including, but not limited to, Worker's Compensation, Americans with Disabilities Act, Family Medical Leave Act, and various City of Medina personnel policies. Working within those laws and policies, the City will generally follow the procedures outlined below when an employee has a medical condition (work related or non -work related) and is limited in their ability to perform the essential functions of their position. a. The employee must provide their department head written information from an appropriate physician explaining the reason, in sufficient detail, for the limitation, the expected duration of the limitation, and what, if any, accommodation needs to be made. If appropriate, the City may require that the employee see another physician of the City's choosing to verify corroborate the original diagnosis. b. The department head will review the physician's report and discuss the matter with the employee to determine if the limitations can be reasonably accommodated within the employee's existing job. If they can, the employee will return to that position. c. If the employee cannot perform the essential duties of their position due to the limitation, the City will consider the employee for other positions in the City where vacancies exist or a need arises, provided the employee has the qualifications to perform the duties of the positions and reasonable accommodation can be made. d. In accordance with ADA guidelines, the City will make reasonable accommodations for employees with limitations both in their current job and in jobs they are applying for. 2.80 Inability to Perform Essential Functions 41 e. When the limitation is temporary and suitable work is not available, the employee will not report for duty until the limitation is ended or suitable work is available. The City will assist the employee in researching what resources may be available to them including Workers Compensation, sick leave, long term disability program, Family Medical Leave Act, etc. f. If the limitation is permanent and no suitable work is available, the employee may be terminated. If they wish, the employee may use their vacation, holiday, and sick leave accrual before the termination becomes effective. The City will assist the employee in researching what resources may be available to them such as benefit calculation, long term disability, retirement benefits, etc. 2. If there is limited light duty work available, the City may give preference to the employees who sustained an injury on duty as compared to an employee who sustained the injury while off -duty. Approved By: Medina City Council Date: December 20, 2005 2.80 Inability to Perform Essential Functions 42 Personnel Policy MEDINA 2.90 Workers Compensation Purpose: To define the process for an employee reporting an injury on the job. Policy: 1. When an employee is injured on the job, they must report the incident immediately to their Department head or supervisor., and The Department head or supervisor must complete a written report entitled "First Report of Injury" must be completed, which provides all known details and circumstances pertaining to the injury and the names of all and any witnesses. The report must be filed with the City's Workers' Compensation Administrator within 4-0 3 days of the date the City first had knowledge of the claimed injury. 2. The Department head or supervisor must also complete the "Supervisor's Report of Accident" form and forward it to the City AdministratorWorker's Compensation Administrator. The Department head should report if any lost time occurred as a result of the injury. 3. The Worker's Compensation Administrator will submit copies of the "First Report of Injury" form and the "Supervisor's Report of Accident" form to the City Administrator, insurance company, injured employee, and employee's local union office within 10 days of the date the City first had knowledge of the claimed injury. 4. The Worker's Compensation Administrator will provide a copy of the "Employee Information Sheet" to the injured employee. 3.5.If the injury/illness requires medical treatment, the employee will be directed to the appropriate medical facility, however, in the event of a medical emergency, the employee should seek treatment immediately at the nearest available medical center. 4,6.An employee shall be eligible to use accrued sick leave or personal leave up to the limit of accumulated benefits, to supplement the Worker's Compensation payments. In no event will the total of the employee's Worker's Compensation payment and the supplement from accrued leave exceed the employee's normal gross pay. Approved By: Medina City Council Date: December 20, 2005; Amended 2.90 Workers Compensation 43 Personnel Policy MEDINA 3.10 Respectful Workplace Purpose: This policy defines and prohibits inappropriate conduct in the work place and directs victims where to seek assistance. Policy: It is the policy of the City to maintain a respectful work and public service environment free from discrimination, harassment, violence, and other offensive, degrading or inappropriate remarks or conduct. The City will not tolerate such behavior by or towards any employee or official. This policy applies to all employees and officials of the City, including elected officials, members of boards and commissions, and other volunteer personnel, consultants and independent contractors who render professional services to the City, whether or not they are covered or exempted from other personnel rules of the City. Inappropriate Conduct Discriminatory, harassing and/or offensive behavior includes inappropriate remarks about or conduct related to an employee's race, color, creed, religion, national origin, gender (including pregnancy, childbirth, and related medical conditions), disabirity gender7 marital status, familial status, membership or activity in a local commission, age, sexual orientation or identity, disability, age, Of status with regard to public assistance or veteran status. Violent behavior includes the use of physical force, harassment or intimidation, or abuse of power or authority. Violent behavior also includes verbal abuse. The City will not tolerate such inappropriate conduct and will take appropriate disciplinary action against any individuals who participate in or knowingly fail to report such conduct. Abusive Customer Behavior While the cCity has a strong commitment to customer service, the cCity does not expect that employees accept verbal abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or they may defuse the situation themselves, including ending the contact. If there is a concern over the possibility of physical violence, a supervisor should be contacted immediately. When extreme conditions dictate, 911 may be called. Employees should leave the area 3.10 Respectful Workplace 44 immediately when violence is imminent unless their duties require them to remain. Employees must notify their supervisor about the incident as soon as possible. Sexual Harassment Sexual harassment is a form of gender discrimination and can be directed at both men and women. Individuals can be harassed by co-workers, supervisors, subordinates or persons who are not City employees. In all cases, sexual harassment is illegal and unacceptable behavior that will be subject to appropriate disciplinary action. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when: o submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment; o submission to or rejection of such conduct by an individual is used as a factor in decisions affecting that individual's employment; o such conduct or communication has the purpose or effect of unreasonably interfering with an individual's employment or creates an intimidating; hostile or offensive working environment; or o such conduct or communication occurred because of the sex of the recipient of the conduct or communication even though it is not clearly sexual in nature or an explicit sexual advance. Behavior that could be considered sexual harassment includes, but is not limited to: o verbal harassment, such as sexually -oriented comments, innuendoes, or derogatory remarks; o physical harassment, such as unwelcome touching, patting, pinching, cornering, hugging, kissing, or other movement or physical contact that an individual finds offensive; o visual forms of harassment, such as suggestive cartoons or drawings, calendars, posters or jokes displayed in the workplace; o sexual favors, such as subtle or explicit demands or pressure for sexual favors or sexual activity; or o nonsexual conduct that is demanding, degrading or harassing and is directed towards someone based on the individual's gender. Reporting Procedure Any person who feels he or she is being subjected to, or has knowledge of, discriminatory, harassing, violent or offensive behavior is required to immediately report the behavior to his or her supervisor, department head or City Administrator. The harassment must be reported even if the alleged perpetrator is not a City employee. Any supervisor or department head who receives a complaint about such behavior or who has reason to believe that such behavior is occurring, must immediately report it to the City Administrator. Failure by a supervisor to report a complaint could 3.10 Respectful Workplace 45 result in disciplinary action against the supervisor. Employees are strongly encouraged to put the complaint in writing. The City Administrator, or designee, will respond promptly and appropriately to all complaints of sexual harassment or other inappropriate conduct. If the City Administrator determines that an investigation is warranted, such investigation will be handled in compliance with applicable state statutes, union contracts and this policy. The City Administrator will notify the complainant of the result of any investigation and will take appropriate disciplinary action, up to and including immediate termination. Any individual who knowingly gives false information during an investigation of a complaint may also be subject to disciplinary action up to and including termination. Any person who believes the City Administrator is perceived to be the cause of a disrespectful workplace behavior incident or an incident of sexual harassment must immediately report the behavior to the City Attorney or Mayor, who will confer with the appropriate elected officials regarding the investigation and action. In addition to notifying one of the above persons and stating the nature of the harassment, the employee is also encouraged to take the following steps: 1. Make it clear to the harasser that the conduct is unwelcome and document that conversation. 2. Document the occurrences of harassment. 3. Submit the documented complaints to your supervisor, department head, City Administrator, Mayor, or City Attorney. Employees are strongly encouraged to put the complaint in writing. 4. Document any further harassment or reprisals that occur after the initial complaint is made. No Retaliation The City will not retaliate, nor will it tolerate any retaliation, against any person because he or she makes a complaint of sexual harassment or other inappropriate conduct, who serves as a witness or participates in an investigation, or who is exercising his/her rights when requesting religious or disability accommodation.or participates in an investigation regarding such conduct. Any individual who retaliates against a person who makes a complaint, or assists or participates in an investigation could be subject to disciplinary action up to and including termination. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. While each situation is very fact dependent, generally speaking retaliation can include a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance evaluations or transfers to less prestigious or desirable work or work locations because an employee has engaged or may engage in activity in furtherance of EEO laws. It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action, deportation or other action with immigration authorities, disparagement to others or the media and making false report to government authorities because an employee has engaged or may engage in protected activities. Any individual who retaliates against a person who testifies, assists, or participates in an investigation may be subject to disciplinary action up to and including termination. 3.10 Respectful Workplace 46 If you feel retaliation is occurring within the workplace, barring any extenuating circumstances, please report your concern immediately to any of the following: 1. Immediate supervisor; 2. City Administrator; 3. Mayor or City Councilmember 4. In the event an employee feels retaliation has occurred by the City Administrator or the City Council, then reporting may be made to the City Attorney. Supervisors who have been approached by employees with claims of retaliation will report the allegations within two business days to the cCity aAdministrator, who will decide how to proceed in addressing the claim/complaint. Approved By: Medina City Council Date: December 20, 2005; Amended January 4, 2011 3.10 Respectful Workplace 47 Personnel Policy MEDINA 3.20 Political Activities Purpose: The City desires to define acceptable levels of an employee's political activity. Policy: 1. During working hours, no employee shall engage in any form of political activity, nor can any political activity impair an employee's effectiveness in his/her position. 2. Employees shall not use their official authority or influence for the purpose of interfering with or affecting the results of an election or nomination for office. 3. If an employee is elected to a City of Medina public office, the employee must resign his/her position with the City. 4. Employees working in positions partially or federally funded by the Federal Government are governed by Federal law in their political activities. Approved By: Medina City Council Date: December 20, 2005 3.20 Political Activities 48 Personnel Policy MEDINA 3.30 Outside Employment Purpose: The City desires to prohibit employees from engaging in other employment that may hinder the performance of their duties. Policy: 1. Full time eEmployees may not engage in any outside occupation, employment or business which the City Administrator determines may hinder their impartial or objective performance of their public duties, be incompatible with their City employment, impair their efficiency on the job, or create the appearance of or an actual or potential conflict of interest with their City employment. 2. Outside employment must not interfere with a full-time employee's availability during the cCity's regular hours of operation or with a part-time employee's regular work schedule. Outside employment shall not interfere with the availability of employees for emergency or on -call work. 3. The employee must not use cCity equipment, resources or staff in the course of the outside employment. 3.1.Full-time employees who wish to engage in outside employment shall be required to receive the prior written permission of the Department head and City Administrator. Approved By: Medina City Council Date: December 20, 2005 3.30 Outside Employment 49 Personnel Policy MEDINA 3.40 Employee Appearance Purpose: The City desires to promote personal appearance that is favorable to the City's image. Policy: 1. The City allows the choice of appearance and dress to the discretion of an individual employee. Except in positions where uniforms are required, the employee's appearance and dress shall always be appropriate for the public service environment, and reflect favorably on the City's image. 2. Employees shall be aware of personal hygiene and proper personal appearance. 3. The employee's supervisor will discuss the subject of personal appearance and hygiene with the employee if he/she does not feel it reflects favorably on the City's image. Approved By: Medina City Council Date: December 20, 2005 3.40 Employee Appearance 50 Personnel Policy MEDINA 3.50 Gifts and Gratuities Purpose: To prohibit employees from receiving or soliciting gifts and gratuities. Policy: Employees of the City, in the course of or in relation to their official duties, shall not directly or indirectly solicit, receive or agree to receive any payment of expense, compensation, gift, reward, gratuity, favor, service, or promise of future employment or other future benefit from any source, except the City, for any activity related to the duties of the employee unless otherwise provided by law. Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010. 3.50 Gifts and Gratuities 51 Personnel Policy MEDINA 4.10 Job Classification Purpose: The City desires to create a classification plan for all employees. Policy: It shall be the responsibility of the City Administrator to develop and maintain a Job Classification Plan in accordance with state and federal laws for all applicable positions within the City, subject to approval by the City Council. The plan shall consist of job descriptions and pay ranges based on steps for all positions. Pay ranges shall carry a minimum and maximum rate of pay. FLSA Salary Exempt and Non -Exempt All job descriptions shall define whether the position is exempt or non-exempt in accordance with the Fair Labor Standards Act. Approved By: Medina City Council Date: December 20, 2005 4.10 Job Classification 52 Personnel Policy MEDINA 4.20 Salaries and Wages Purpose: To define the process to assign a pay rate to employees. Policy: An employee shall not be paid less than the minimum rate nor more than the maximum rate for their assigned job classification. New Hire New regular full-time and part-time employees will generally be hired at the minimum pay rate of the appropriate pay range. Subject to City Council approval, the City Administrator may recommend a starting salary or hourly wage to an appropriate salary level based on prior comparable experience and/or changing market conditions. Cost Of Living Adjustment (COLA) The City Council will review and consider establishing a COLA on an annual basis. Upon the City Council approving a COLA, the City's pay grade system shall be adjusted by the COLA accordingly. Merit Increases The date for consideration of a merit increase for a regular employee shall be at the end of a calendar year. All employee pay increases take effect on January 1 of each calendar year. The date for consideration of a merit increase for a new employee shall be at the successful completion of the probationary period. Increases for new hires and all other employees shall be at one-year intervals until such time as the employee reaches the maximum rate of pay for the assigned classification. The City Administrator may recommend the adjustment of a salary or hourly rate other than at the one-year interval. Performance Reviews Department heads shall review an employee's job performance through the use of an employee evaluation form as approved by the City Administrator, near completion of the probationary period for new employees and at one-year intervals for other employees. The completed evaluation form must be reviewed and signed by the department head and submitted to the City Administrator prior to the implementation of any recommended pay increases. A signed copy of the completed evaluation shall be provided to the employee and placed in the employee's personnel file. 4.20 Salaries and Wages 53 Temporary and Seasonal Employees Temporary and seasonal employees will be paid at an hourly rate determined by the City Administrator. Promotions An employee's rate of pay upon promotion will be assigned per the recommendation of the City Administrator in accordance with the job classification, subject to City Council approval. Minnesota Pay Equity Act The City complies with the requirements of the Minnesota Pay Equity Act. Wage Disclosure Protection Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell any person the amount of their own wages. While the Minnesota Government Data Practices Act (Minn. Stat. § 13.43), specifically lists an employee's actual gross salary and salary range as public personnel data, Minnesota law also requires wage disclosure protection rights and remedies to be included in employer personnel handbooks. To that end, and in accordance with Minn. Stat. § 181.172, employers may not: Require nondisclosure by an employee of his or her wages as a condition of employment. Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages. Take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. Retaliate against an employee for asserting rights or remedies under Minn. Stat. § 181.172, subd. 3. The city cannot retaliate against an employee for disclosing his/her own wages. An employee's remedies under the Wage Disclosure Protection Law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry at (651) 284-5070 or (800) 342-5354. Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010 and December 15, 2015. 4.20 Salaries and Wages 54 Personnel Policy 1V1 EDI NA 4.30 Overtime & Compensatory Time Purpose: The City of Medina has established this overtime and compensatory time policy to comply with applicable state and federal laws governing accrual and use of overtime. The eCity aAdministrator will determine whether each employee is designated as "exempt" or "non- exempt" from earning overtime. In general, employees in executive, administrative, and professional job classes are exempt; all others are non-exempt. To define the process for requesting and granting overtime to employees. Policy: EEmployees may be required by their department head, City Administrator, or City Council to work time beyond their normal work hours. Overtime needs will vary by department and season. Compensation for overtime will be in compliance with Federal and State law._ Employees are expected to manage their workloads and paid vacation leaves to meet deadlines and avoid the need for unnecessary overtime. All overtime must be approved by the appropriate department head or authorized designee prior to being worked and applies to employees classified as non-exempt. An employee who works overtime without prior approval may be subject to disciplinary action. Non -Exempt (Overtime -Eligible) Employees All overtime -eligible employees will be compensated at the rate of time -and -one-half for each hour worked beyond their normal work hours in a pay period. Compensation will take the form of either time -and -one-half pay or compensatory time with the approval of the employee's department head. Compensatory time is paid time off at the rate of one -and -one-half hours off for each hour of overtime worked. Overtime earned will be paid at the rate of time -and -one-half on the next regularly scheduled payroll date, unless the employee indicates on his/her timesheet that the overtime earned is to be recorded as compensatory time in lieu of payment, and the employee's department head has approved compensatory time in lieu of payment. The maximum compensatory time accumulation for any employee is 40 hours. Once an employee has earned 40 hours of compensatory time, no further compensatory time may accrue until the employee's compensatory time accrual is less than 40. All further overtime will be paid. Employees may request and use compensatory time off in the same manner as other leave requests. All compensatory time will be marked as such on official time sheets, both when it is earned and when it is used. The Finance Department will maintain compensatory time records. All 55 4.30 Overtime & Compensatory Time Personnel Policy PAEDINAA compensatory time accrued will be paid when the employee leaves eCity employment at the hourly pay rate the employee4s was earning at that time. Exempt (Non -Overtime -Eligible) Employees Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for reasons of public accountability, an exempt employee will need to work 40 or more hours per week. Exempt employees do not receive extra pay for the hours worked over 40 in one work week. Exempt employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed, and they receive their full weekly salary for any week in which any work is performed. The City of Medina will only make deductions from the weekly salary of an exempt employee in the following situations: • The employee is in a position that does not earn vacation or personal leave and is absent for a day or more for personal reasons other than sickness or accident. • The employee is in a position that earns sick leave, receives a short-term disability benefit or workers' compensation wage loss benefits, and is absent for a full day due to sickness or disability, but he/she is either not yet qualified to use the paid leave or he/she has exhausted all of his/her paid leave. • The employee is absent for a full work week and, for whatever reason, the absence is not charged to paid leave (for example, a situation where the employee has exhausted all of his/her paid leave or a situation where the employee does not earn paid leave). • The very first work week or the very last work week of employment with the eCity in which the employee does not work a full week. In this case, the eCity will prorate the employee's salary based on the time actually worked. • The employee is in a position that earns paid leave and is absent for a partial day due to personal reasons, illness, or injury, but: • Paid leave has not been requested or has been denied; • Paid leave is exhausted; or • The employee has specifically requested unpaid leave. • The employee is suspended without pay for a full day or more for disciplinary reasons for violations of any written policy that is applied to all employees. • The employee takes unpaid leave under the Leave of Absence — Other policy. The City of Medina, may for budgetary reasons, implement a voluntary or involuntary unpaid leave program and, under this program, make deductions from the weekly salary of an exempt employee. In this case, the employee will be treated as non-exempt for any work week in which the budget -related deductions are made. 56 4.30 Overtime & Compensatory Time Personnel Policy NIEDINA The City of Medina will not make deductions from pay due to exempt employees being absent for jury duty or attendance as a witness but will require the employee to pay beek to the eCity any amounts received by the employee as jury fees or witness fees. If the eCity inadvertently makes an improper deduction to the weekly salary of an exempt employee, the eCity will reimburse the employee and make appropriate changes to comply in the future. Approved By: Medina City Council Date: December 20, 2005. Amended September 5, 2017. 57 4.30 Overtime & Compensatory Time Personnel Policy MEDINA 4.40 eave Policy for Exempt Employees Purpose: To define the expectations of leave use for exempt employees. eligibility for accumulation and payment of compensatory time. Policy: Exempt employees are required to work the number of hours necessary to fulfill their responsibilities including working normal hours of business, evening meetings, and on - call hours as necessary. Exempt employees are required to use paid leave when on personal business or away from the office for four hours or more, on a given day. Absences of less than four hours do not require use of paid leave as it is presumed that the staff member regularly puts in work hours above and beyond the Monday through Friday normal hours of business requirement. Exempt employees must communicate their absence to the City Administrator or his/her designee. If one of the above employees is regularly absent from work under this policy and it is found that there is excessive time away from work that is not justified, the situation will be handled as a performance issue. If it appears that less than forty (40) hours per week is needed to fulfill the position's responsibilities, the position will be reviewed to determine whether a part-time position will meet the needs of the City. Additional notification and approval requirements may be adopted by the City Administrator for specific situations as determined necessary. Non exempt employees under the Fair Labor Standards Act are eligible for compensatory conditions: 1. The city desires employees to carry no more than 40 hours accumulated compensatory time past December 31 of each year. Any accumulation of more than 40 hours past December 31 of each year will not be lost in accordance with 4.40 Leave Policy for Exempt Employees 58 MEDINA 2. The scheduling of compensatory time will be at the reasonable discretion of the department head. Personnel Policy 3. Cash payment for accumulated compensater- it�.o taken at he employee's option, with approval of the department head and City Administrator. Employees may only receive a cash payment for accumulated compensatory time in conjunction with a normal payroll submittal. Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010 4.40 Leave Policy for Exempt Employees 59 Personnel Policy MEDINA 4.50 Payroll Purpose: To establish pay periods allowing employees the opportunity for personal financial planning. Policy: Paydays Payday is every other Wednesday, for a typical total of 26 pay periods per year. Salaries and wages are paid for the two -week period ending on the previous Saturday. There will be no pay advances to employees, unless payday falls on a City recognized holiday. Payday will then, in most cases, be on the day before or after the holiday. Timesheets All employees must complete and sign accurate time sheets. The department head shall sign and submit the timesheets to the Finance Department by 10:00 a.m. on the Monday preceding the Wednesday payday. Payment Method An employee may choose one of the following payment methods: As provided for in Minnesota law, all employees are required to participate in Direct deposit. - A voided check (with routing numbers) must be given to the Finance Department in order to set up this payment methodeption. The payroll check will be direct deposited into the employee's account on the Wednesday pay day (with the exception of when a holiday falls on a Monday, the direct deposit will may occur on a Thursday). Personally pick up the payroll check in the employee's department. Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010. 4.50 Payroll 60 Personnel Policy MEDINA 4.60 Public Works On -Call Rotation Purpose: To define the policies and compensation for public works employees responding to emergency calls. Policy: The Public Works SuperintendentDirector, or his/her designee, shall schedule department employees to serve "on -call" during non -regular working hours to respond to emergency calls relating to the City's water, sanitary sewer, and other public works functions or City utilities when applicable. Schedule/Rotation 1. An on -call rotation will consist of one full week, from Monday 7:00 a.m. to the following Monday 7:00 a.m. a. The on -call rotation will be extended to end at the following Tuesday 7:00 a.m. when a City recognized holiday falls on a Monday. 2. The Public Works SuperintendentDirector, or his/her designee, shall establish an on -call rotation schedule at least two months in advance of implementation. Responsibility of Designated On -Call Employee 1. The employee is responsible for responding to all after hour emergency calls, with the exception of ice and snow control. 2. The employee shall respond to the Public Works Facility within 45 minutes of being called. 3. The employee shall be provided with and must carry at all times a designated "call out" phone. The employee shall also carry their regular provided city phone during the on -call rotation, or during non-scheduled on -call rotation in order to provide backup assistance when needed. 4. The employee shall use the regular provided city phone to request call out backup. 5. The employee shall understand that the "call out" phone will be the main emergency phone number for public works emergencies, and the following 4.60 Public Works On -Call Rotation 61 Personnel Policy MEDINA agencies/facilities will be provided with the "call out" phone number: Medina Police, Hennepin County Sheriff, Wright/Hennepin Security, Gopher State One Call, and the Medina Water Treatment Plant SCADA system. Compensation of On -Call Employee 1. All exempt employees of the City will not receive compensation in addition to their base salary for serving an on -call rotation or responding to a call -out. 2. Non-exempt employees shall be compensated for ten (10) hours of regular base rate pay during the seven-day on -call rotation. 3. Non-exempt employees shall be compensated at one and one-half (1 %2) the regular base rate of pay for time worked on call -outs beyond the normal 40 hour work week in accordance with Federal Labor Standard Act (FLSA) standards. However, the City will compensate non-exempt employees a minimum of two hours of regular base rate pay for responding to any call -out. 4. Non-exempt employees shall be compensated an additional four (4) hours of regular base rate pay when a City designated holiday occurs during their rotation. Approved By: Medina City Council Date: March 21, 2006 4.60 Public Works On -Call Rotation 62 Personnel Policy MEDINA 5.10 Group Health and Life Insurance Purpose: To define the scope and eligibility of the city's Group Health and Life Insurance. Policy: Group health and medical benefits and life insurance coverage, including dental insurance, shall be provided offered to for all full-time and benefited part-time employees of the City. Basic life insurance coverage in an amount determined by the City Council will be at no cost to full-time and benefited part-time employees. The City will contribute an amount determined by the City Council toward medical and dental premiums. Benefited part-time employees will receive three fourths of the contribution amount of full-time employees. Continuation of Health Coverage - Termination An employee terminated or laid off from employment may elect to continue coverage for the employee and dependents in accordance with Minnesota Statutes, Section 62A.17. Approved By: Medina City Council Date: December 20, 2005 5.10 Group Insurance 63 Personnel Policy MEDINA 5.20 Deferred Compensation Purpose: To define the scope and eligibility of the city's deferred compensation. Policy: Deferred compensation plans are available to all full time employees in order for the employee to defer a portion of income for retirement purposes or to shelter such amounts from state and federal taxes. Approved By: Medina City Council Date: December 20, 2005 5.20 Deferred Compensation 64 Personnel Policy MEDINA 5.30 Personal (Vacation) Leave Purpose: The City provides personal leave with pay for all eligible employees for the purpose of rest, relaxation, or other personal time off away from work. Policy: 1. All full-time employees shall accrue personal leave in accordance with the following rate schedule: Years of Vacation Vacation Vacation Hours Per Two Week Pay Service Days Hours Period 0 < 5 years 10 days 80 hours 3.08 hours 5 < 10 years 15 days 120 hours 4.62 hours 10 <—I 1 years 16 days 128 hours 4.92 hours 11 <-12 years 17 days 136 hours 5.23 hours 12 <-13 years 18 days 144 hours 5.54 hours 13 <-154 years 19 days 152 hours 5.85 hours 15 <- 204-9 20 days 160 hours 6.15 hours 20+ years 25 days 200 hours 7.70 hours To recruit qualified experienced candidates for certain positions, the City Administrator may recommend beginning an experienced new hire at up to 4.62 hours of personal leave accrual per pay period with the approval of the City Council. If an employee begins his or her vacation accruals at a higher rate than the employee's current years of service, the employee will remain at that rate until the employee reaches the appropriate years of service with the City of Medina to move to the next rate. 2. Regular part-time employees working an average of less than 30 hours per week shall accrue personal leave at half the rate of the rate schedule. Paid holidays that occur during personal leave are not counted as days of personal leave. 5.30 Personal Leave 65 Personnel Policy MEDWA 3. Regular benefited part-time employees working an average of at least 30 hours or more per week, but less than 40 hours per week shall accrue personal leave at three -fourths the rate of the rate schedule. 4. Full-time employees may carry over 120 hours of earned and unused personal leave time to the next calendar year. Benefited Part-time employees may carry over 90 hours of earned and unused personal leave time to the next calendar year. Part-time employees may carry over 60 hours of earned and unused personal leave time to the next calendar year. The maximum personal leave hours in an employee's bank at any given time cannot exceed the total of the carry over amount plus the employee's current annual personal leave accrual. Any unused personal leave exceeding the allowable banked hours at the end of the calendar year will be forfeited with the following exceptions: a. If an employee is unable to use earned personal leave time within the calendar year because he/she is on extended sick leave, the employee may carry the unused personal leave forward to the next calendar year, even though those hours exceed the usual carry-over as indicated above. The City may require the employee to use any portion of the personal leave upon returning to work. b. If an employee is unable to use scheduled personal leave time at the end of the calendar year due to a work emergency, the employee may carry the unused personal leave forward to the next calendar year upon receiving written approval from the City Administrator, even though those hours exceed the usual carry-over as indicated above. The City may require the employee to use any portion of the personal leave upon the work emergency ending. 5. All personal leave requests must be submitted to the employee's department head for approval prior to the start of the requested personal leave, and is generally desired to be requested 5 days or more in advance of the start of the requested personal leave. All personal leave requests of 5 days or more must be submitted to the employee's department head for approval no less than 14 calendar days prior to the start of the requested personal leave period. Every effort will be made to grant employees the personal leave period of their preference, however, personal leave will be scheduled so as not to cause an interruption in the normal operation of the department. 6. Each employee may donate up to 40 hours of accrued personal leave per year to other employees in accordance with the provisions outlined in the Sick Leave Donation policy. 7. Payout of Personal Leave - Employees cannot elect to waive personal leave and receive a cash payment, unless through leaving City service. Any employee, including part—time employees, leaving City service in good standing after giving at least 14 calendar days' notice or 30 calendar days' notice for Department Heads of such termination of employment shall be compensated for all unused personal leave time accrued to the date of separation. 5.30 Personal Leave 66 Personnel Policy MEDINA 8. Proceeds to Employee's Estate - The estate of any employee who dies while employed by the City shall be entitled to receive the value of the employee's accrued unused personal leave time in cash, subject to the foregoing provisions. Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010. 5.30 Personal Leave 67 Personnel Policy MEDINA 5.40 Sick Leave Purpose: The City provides sick leave with pay for all eligible employees for the purpose of illness or other case of necessity defined in this policy. Policy: 1. Sick leave is authorized absence from work with pay, granted to qualified full-time and part-time employees. Sick leave is not a privilege or vested right that an employee may use at their discretion, but is a type of insurance allowed in case of necessity or actual illness in accordance with this policy. A physician's statement may be required at any time for verification of any sick leave taken. Employees are to use this paid leave only when they are unable to work for medical reasons and under the conditions explained below: a. When an employee is unable to perform work duties due to the employee's own illness or disability (including pregnancy). b. For medical, dental or other care provider appointments. c. When an employee has been exposed to a contagious disease of such a nature that his/her presence at the work place could endanger the health of others. d. To care for the employee's injured or ill children, including, stepchildren, adopted or foster children, adult child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for such reasonable periods as the employee's attendance -may be necessary. e. To take children, or other family members to a medical, dental or other care provider appointment. f. Employees may use up to 160 hours of sick leave in a calendar year for absences due to an illness of or injury to the employee's adult child, spouse, domestic partner, sibling, parent, grandparent, stepparent, parent -in-laws (mothers-in-law and fathers-in-law) and grandchildren (includes step - grandchildren, biological, adopted or foster grandchildren). g. Safety leave. Employees are authorized to use sick leave for reasonable absences for themselves or relatives (employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent) who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the employee and the employee's child, is limited to 160 5.40 Sick Leave 68 hours in a calendar year. 2. Full-time employees are entitled to accumulate sick leave with pay at the rate of eight (8) hours for each calendar month of full-time employment. Benefited Part-time employees are entitled to accumulate sick leave with pay at the rate of six (6) hours for each calendar month of benefited part-time employment. Regular part-time employees are entitled to accumulate sick leave with pay at the rate of four (4) hours for each calendar month of part-time employment. 3. The employee must notify his/her department head for the appropriate approval prior to their scheduled workday or as soon thereafter as practical of the sick leave absence. Employees will keep their department head informed of their condition if absent for more than one day. 4. Employees granted sick leave for part of a day shall be paid for the hours worked. 5. The City may require that an employee who is unable to work due to an illness or disability, before being permitted to work, provide medical evidence that he/she is again able to perform all essential functions of the position with or without reasonable accommodations, without hazard to self or others. 6. Each employee may donate up to 40 hours of accrued sick leave per year to other employees in accordance with the provisions outlined in the Sick Leave Donation policy. 7. Sick leave may be accumulated and banked to a maximum of nine hundred sixty (960) hours for permanentregular full-time and permanent regular part-time employees. For sick leave accumulated in excess of nine hundred sixty (960) hours, employees who began permanent regular full-time employment with the City of Medina prior to August 1, 2011 may bank the hours in an account established by the City for the purpose of retirement insurance premiums (see Retirement Insurance Program policy). Employees beginning permanent regular full-time or permanent regular part-time employment with the City of Medina after August 1, 2011 shall not bank sick leave hours over nine hundred sixty (960) hours. 8. An employee leaving employment voluntarily, with four or more years of service with the city after giving the City fourteen (14) calendar days' notice or 30 calendar days' notice for Department Heads of termination of employment, will be paid at his/her base rate of pay at the time of termination one third (1/3) of his/her accumulated sick leave hours. Any sick leave banked in excess of nine hundred sixty (960) hours for retirement insurance premiums will be forfeited. 9. An employee leaving employment voluntarily with twenty (20) or more years of service with the City will have the following options in regard to accrued sick leave: A. After giving the City at least fourteen (14) calendar days' notice or 30 5.40 Sick Leave 69 i calendar days' notice for Department Heads of termination of employment, receive payment from the City for one half (1/2) all accrued sick leave at the employee's base rate of pay at the time of termination. Any sick leave banked in excess of nine hundred sixty (960) hours for retirement insurance premiums will be forfeited. B. After giving the City at least fourteen (14) calendar days' notice or 30 calendar days' notice for Department Heads of termination of employment, place any accrued sick leave into the retirement insurance fund (see Retirement Insurance Program policy). 10. Proceeds to Employee's Estate - The estate of any employee who dies while employed by the City shall be entitled to receive the value of one—third (1/3) for an employee under twenty (20) years of service and one-half (1/2) for an employee with twenty (20) or more years of service of the employee's accrued unused sick leave up to nine hundred sixty (960) hours, subject to the foregoing provisions. Approved By: Medina City Council Date: December 20, 2005; Amended: November 4, 2009; January 4, 2011; August 3, 2011; July 2, 2013; August 6, 2014; February 21, 2017 5.40 Sick Leave 70 Personnel Policy MEDINA 5.50 Sick Leave Donation Purpose: To define the scope and eligibility for an employee to donate or receive accrued personal leave or sick leave. Policy: 1. With the express written consent of the City Administrator, employees having accrued personal leave and/or sick leave will be allowed to donate a portion of such accrued leave to fellow employees experiencing a major medical condition suffered by the employee, the employee's spouse, or the employee's minor children. A major medical condition is considered to be a severe illness, major surgery, or other physical ailment that causes, or is expected to cause an absence from work for 15 working days or more in any 12 month period. A major medical condition must be supported by a physician's statement to be eligible for consideration. 2. An employee is only eligible to receive donated personal leave and/or sick leave for normal work hours lost due to a major medical condition. 3. An employee will be eligible to receive donated personal leave and/or sick leave only after the employee's own accrued personal leave, sick leave, compensatory time, and any other accrued leave has been exhausted. 4. An employee using donated personal leave and/or sick leave will not accrue personal leave or sick leave benefits nor will holidays be paid while using donated leave. 5. A full-time employee will be allowed to receive up to 45 days (360 hours) of donated personal leave and/or sick leave for any single major medical condition. A regular part-time employee will be allowed to receive up to 20 days (160 hours) of donated personal leave and/or sick leave for any single major medical condition. 6. An employee may only use donated personal leave and/or sick leave up to the time of eligibility for the long-term disability benefit (if applicable), or for the maximum number of days allowed to be donated, whichever occurs first. 7. A full-time employee may donate no more than 40 hours of personal leave and/or sick leave to each requesting employee per calendar year. A regular part-time employee may donate no more than 20 hours to each requesting employee per calendar year. 5.50 Sick Leave Donation 71 8. Employees wishing to donate personal or sick leave must submit a written request to the City Administrator. The request must identify the employee to whom leave will be donated. Donations shall remain anonymous. 9. Donation of personal leave and/or sick leave will be completely voluntary. No City employee may pressure or otherwise attempt to influence a City employee to donate personal leave and/or sick leave. 10. The City Administrator shall have the right to deny and/or limit donation requests as deemed necessary and in the best interests of the City of Medina. 11. The donated personal leave and/or sick leave will be subtracted from the donor's balance and a credit reflecting the donated hours will be provided to the requesting employee's personal or sick leave bank. 12. Donated sick leave cannot be used for any severance pay, or paid out to an employee in the form of cash or used in any other manner other than what is stated in this policy. Approved By: Medina City Council Date: December 20, 2005; Amended February 21, 2017 5.50 Sick Leave Donation 72 Personnel Policy MEDINA 5.60 Retirement Insurance Program Purpose: To define the scope and eligibility for an employee to bank hours for retirement insurance premiums. Policy: 1. After giving the City at least fourteen (14) calendar days' of notice or 30 calendar days' notice for Department Heads of termination of employment, employees who began permanent regular full-time or permanent regular part-time employment with the City of Medina prior to August 1, 2011 after twenty (20) or more years of service may place any accrued sick leave into a retirement insurance fund established by the cCity. Employees who began permanent regular full-time or permanent regular part- time employment with the City of Medina after August 1, 2011 after twenty (20) or more years of service may place up to nine hundred sixty (960) hours of accrued sick leave into a retirement insurance fund established by the City. The retirement insurance fund may be used by a retired employee to pay qualifying City insurance premiums as allowed through the Consolidated Omnibus Budget Reconciliation Act (COBRA) as well as any non -City private insurance premiums the employee chooses until the retirement insurance fund is exhausted. 2. An employee must have twenty (20) or more years of service with the City to access the retirement insurance fund for insurance premiums. 3. All hours placed into the retirement insurance fund will be credited to employees who began permanent regular full-time or permanent regular part-time employment with the City of Medina prior to August 1, 2011 at 100 percent, and converted to a monetary value by using the employee's base rate of pay for the year of retirement. 4. All hours placed into the retirement insurance fund will be credited to employees who began permanent regular full-time or permanent regular part-time employment with the City of Medina after August 1, 2011 at 50 percent, and converted to a monetary value by using the employee's base rate of pay for the year of retirement. 5. Proceeds to Retired Employees Estate - The estate of any retired employee who dies while withdrawing premiums under the provisions of this policy shall be entitled to receive the value of one—half of the retired employee's accrued remaining unused sick leave up to nine hundred sixty (960) hours, subject to the foregoing provisions. 5.60 Retirement Insurance Program 73 Personnel Policy MEDINA Approved By: Medina City Council Date: December 20, 2005; Amended: November 4, 2009; December 21, 2010; August 3, 2011 5.60 Retirement Insurance Program 74 Personnel Policy MEDINA 5.70 Holidays Purpose: The City desires to allow paid time off for employees to observe certain recognized holidays. Policy: 1. The following calendar days and such other days as the Council may fix, are recognized holidays: Holiday Date New Year's Day January 1 Martin Luther King's Day Third Monday in January Presidents' Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans' Day November 11 Thanksgiving Day Fourth Thursday in November Day After Thanksgiving Fourth Friday in NovemberFriday following Fourth Thursday in November Christmas Day December 25 Two Floating Holidays See details below Employees wanting to observe holidays other than those officially recognized by the cCity may request either vacation leave, compensatory time, floating holiday, or unpaid leave for such time off. 2. All full-time employees are entitled to time off with full 8 hours of holiday pay on holidays recognized by the City. Benefited part-time employees shall receive 6 (six) hours of holiday pay. Regular part-time employees shall receive 4 (four) hours of holiday pay for a one half day. Temporary part-time employees shall have holidays off without pay. 3. All City of Medina offices and buildings shall be closed for business on each 5.70 Holidays 75 recognized holiday, but employees may be required to work on recognized holidays when the nature of their duties or other conditions require them to do so. Employees required to work on a holiday shall receive pay at the rate of one and one-half times their normal rate of pay. 4. Recognized holidays that fall on Saturday will be observed that preceding Friday. Holidays that fall on a Sunday will be observed the following Monday. Each holiday commences at the beginning of the first shift on the day of which the holiday occurs and continues for twenty -_four (24) hours thereafter. The City Administrator may at his/her theif discretion close City offices to the public on December 24th (Christmas Eve) or December 26th with public notice if enough employees request off. Employees will be given the choice to come into work on that day or take the day off using accumulated leave (floating holiday, vacation, or compensatory time off). 5. Floating Holiday: Each full-time City employee is granted two floating holidays and each benefited part-time and regular part-time City employee is granted one floating holiday that may be used for personal time off from work duties. The individual floating holidays must be used within the calendar year, in an increment of eight (8) hours only. The floating holiday may not be carried over to the next year. The ployee must receive approval of the floating holiday date from their supervisor at least fourteen (14) calendar days prior to using said holiday. The floating holiday leave request must be submitted to the employee's department head for approval prior to the start of the requested leave, and is generally desired to be requested five days or more in advance of the start of the requested leave. Upon termination of employment, any remaining individual floating holidays shall be paid in full at the employee's regular hourly rate. However, if the employee is discharged for misconduct or quits without giving proper notice, the unused floating holiday shall be forfeited. Approved By: Medina City Council Date: December 20, 2005; Amended April 17, 2012 5.70 Holidays 76 Personnel Policy MEDINA 5.80 Continuing Education Program Purpose: To assist employees in upgrading their job skills and knowledge by sharing the cost of their continued education at accredited institutions. Policy: 1. All full-time employees in good standing who have at least one year of service with the City and all regular part-time employees in good standing who have at least five years of service with the City may request tuition aid. 2. Tuition aid will be given only for courses that are directly related to the employee's present or anticipated responsibilities or to the approved degree program. 3. The employee shall provide a letter of intent to their Department head of the employee's intent to begin taking courses, at least 30 days prior to the course start date. The employee must submit courses they desire to take, to their Department head, in advance of attending the classes, for consideration. If an employee wishes to pursue a degree program, the employee must should give notice to the Department head six (6) monthsat least 30 days prior to the course start date to receive proper consideration of the request. All requests for tuition reimbursement will be considered on a case -by -case basis. If the Department head approves, he/she will forward the employee's courses to the City Administrator for review and recommendation to the City Council for final approval. Courses must be approved in advance by the City Council in order to receive reimbursement. 4. Reimbursement will be made for tuition, registration fees and lab fees only, up to a maximum amount of $4-2,000.00 per employee per calendar year. No reimbursement shall be made for coursework that involves "testing out" of a subject area or for any "competency -based" coursework. If tuition costs exceed $4-2,000.00 in any given year, the employee would be eligible for reimbursement in subsequent years for approved classes actually taken. This eligibility would continue until the reimbursement for all approved tuition costs is provided. 5. Approval for tuition reimbursement shall only be granted for courses taken from accredited institutions and pursued outside of normal working hours. 5.80 Continuing Education Program 77 6. The employee must show proof of satisfactory completion of the course (grade at least "C"), and evidence of the tuition paid to their Department head before reimbursement will be made. 7. Charges for books, supplies, memberships, permits, activity tickets, transportation and any other charges for which the employee receives some item or service other than actual instruction, are not eligible for reimbursement. 8. The employee must report his/her eligibility to receive educational assistance from another agency, if such exists, as no duplicate reimbursements will be made. 9. If an employee leaves employment with the City on a voluntary basis within one year of receiving tuition reimbursement, the City may withdraw the last calendar year's tuition reimbursement from the employee's remaining payroll. Approved By: Medina City Council Date: December 20, 2005; Amended: November 19, 2013 5.80 Continuing Education Program 78 Personnel Policy MEDINA 5.85 Employee Recognition Purpose: The City wishes to recognize employee service and dedication. The City finds that recognition of employee service and dedication serves a public purpose and generates employee morale, loyalty, and retention. Policy: The City shall recognize employees at regular City Council meetings and sponsor an annual Celebration of Service Banquet in November or December. Employees shall be eligible for recognition of service to the City at five (5) year intervals. The following recognition shall occur at the five (5) year intervals: 5 Years of Service — Certificate of Appreciation (from Department Head and City Administrator) and a $25 gift certificate to a restaurant of the employee's choice. 10 Years of Service — Matted/framed Certificate of Appreciation (received at annual reception from Department Head, City Administrator and City Council) and a $35 gift certificate to a restaurant of the employee's choice. 15 Years of Service, and at every five (5) year intervals thereafter — Matted/framed Certificate of Appreciation (received at annual reception from Department Head, City Administrator and City Council) and a $40 gift certificate to a restaurant of the employee's choice. Retirement over 10 Years of Service: Plaque acknowledging years of service to the City of Medina, and a reception (not to exceed $500 of expenditures, or as determined by the City Council) may be provided. Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010 5.85 Employee Recognition 79 Personnel Policy MEDINA 6.10 Bereavement Leave Purpose: The City desires to assist in relieving the hardship when an employee has a death in theif his/her family or personal life. Policy: 1. Paid funeral leave will be granted, if requested, to all full-time employees for a maximum of five (5) days for death of an employee's spouse, domestic partner, child, father, or mother, and for three (3) days for the death of a brother, sister, grandparent, grandchild, current spouse's mother or father, grandparents of current spouse, siblings of current spouse, spouses of employee siblings, son-in-law, daughter-in-law, step- parent, step -children, step -grandparents, step -grandchildren, step -sister, step -brother, niece, nephew, aunt, uncle, or legal guardian. All benefited part-time employees will be granted the equivalent of up to five (5) half days of paid funeral leave, if requested. Part-time employees — All part-time employees will be granted the equivalent of up to three (3) half days of paid funeral leave, if requested. Paid funeral leave does not need to be taken in consecutive days. 2. Subject to approval by the City Administrator, employees may take additional days of funeral leave, which will be charged to accrued sick leave. If sick time is not available, the additional days may be taken from accrued vacation leave, or as unpaid time. 3. Full-time employees may also request up to two (2) days of accrued sick leave per year for the death of a non -immediate related family members (related by blood or marriage) or death of a non -related person. If sick leave is not available, the time may be taken from accrued vacation leave or as unpaid time, all of which must be approved by the City Administrator. In this situation, part-time employees may request up to the equivalent of two (2) half days of sick leave. 4. For the death of non related personsNotwithstanding the use of time above, full-time and part-time employees may request to use accrued vacation time as funeral leave, which must be approved by the City Administrator. 6.10 Bereavement Leave 80 Personnel Policy MEDINA Approved By: Medina City Council Date: December 20, 2005; Amended January 4, 2011 6.10 Bereavement Leave 81 Personnel Policy MEDINA 6.20 Military Leave Purpose: The City recognizes employees in the Armed Forces of the United States and also recognizes that said employees are entitled to benefits provided to them by the State of Minnesota and the United States of America. Policy: Minnesota Statutes Sections 192.26 and 192.261 provide that an employee of any municipality who is a member of the National Guard, the Naval Militia, the Officer's 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, not to exceed five (5) years. The leave of absence is only in the event the employee returns to employment with the cCity 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. Where possible, notice is to be provided to the cCity at least ten (10) working days in advance of the requested leaveNotice will be given to the City at least fifteen (15) working days in advance of the requested leave. Notice may be waived under certain circumstances. In accordance with both state and federal law, the employee will 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. Employees on military leave are eligible for continuation of insurance coverage. An employee on military leave will accumulate vacation and sick leave from the time that he or she enters active service to the date of reinstatement. Returning reservists have the right to return to their jobs or to 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 4301-4333. 6.20 Military Leave 82 Personnel Policy MEDWA Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Employees will be granted up to ten (10) working days of unpaid leave whose immediate family member is a member of the United States armed forces who has been injured or killed while engaged in active service. The cCity will grant an unpaid leave of absence to an employee whose immediate family member, as a member of the United States armed forces, has been ordered into active service in support of a war or other national emergency. The cCity may limit the amount of leave to the actual time necessary for the employee to attend a send-off or homecoming ceremony for the mobilized service member, not to exceed one day's duration in any calendar year. Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010 6.20 Military Leave 83 Personnel Policy MEDINA 6.30 Voting Leave Purpose: The City encourages employees to fulfill their civic responsibilities by voting. Policy: Employees who are entitled to vote in any local general, statewide general, or federal general election will be granted a reasonable amount of time off in the morning of the election with pay. All employees eligible to vote at a local general, statewide general election, federal general election, an election to fill a vacancy in office, or in a Presidential primary, will be allowed time off with pay to vote on the election day. Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues. An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off without pay for purposes of serving as an election judge, provided that the employee gives the cCity at least ten (10) days written notice Approved By: Medina City Council Date: December 20, 2005 6.30 Voting Leave 84 Personnel Policy MEDINA 6.40 Court Duty Leave Purpose: The City desires to be cooperative and encouraging of employees to fulfill their rights and duties as a citizen. Policy: 1. Regular full-time and part-time employees subpoenaed as witnesses or called for jury duty will be granted paid leave of absence for the time necessary to complete those duties. All feesAny compensation received as a witness or juror (e.g. subpoena fees), except mileage fees for use of the employee's private vehicle, will must be turned over paid to the City. An employee who provides court duty on a non-scheduled workday will retain all fees received from the court. 2. The employee must notify his/her Department head within 48 hours of receiving a call or written order for court services. Approved By: Medina City Council Date: December 20, 2005 6.40 Court Duty Leave 85 Personnel Policy MEDINA 6.50 Pregnancy and Parental Leave Purpose: To define the scope and eligibility for an employee to take pregnancy and parental leave for the birth or adoption of a child and for certain conditions related to pregnancy and childbirth. Policy: 1. In conjunction with the birth or adoption of a child, the City will grant unpaid parental leave to all regular full-time and part-time employees who work twenty (20) hours or more per week and who have been employed for at least 12 consecutive months preceding the date of the request for leave. The employee must be the natural or adoptive parent of the child. 2. The City will grant unpaid leave to all regular full-time and part-time female employees who work twenty (20) hours or more per week and who have been employed for at least 12 consecutive months preceding the date of the request for leave for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions. 3. Depending upon an employee's situation, more than one form of leave may apply during the same period of time. If the employee is eligible for Sick Leave during the Parental or Pregnancy Leave, the two leaves will run concurrently. 4. An employee may not take parental or pregnancy leave in excess of twelve (12) consecutive weeks. The start date for parental leave must begin within twelve (12) months of the birth or adoption of the child. The employee shall submit a completed Parental Leave Form to the City Administrator as far in advance as possible, but not later than thirty (30) calendar days in advance of the leave start date. 5. Parental leave may not begin more than twelve (12) months after the birth or adoption; except that, in the case where the child must remain in the hospital longer than the mother, the leave may not begin more than twelve (12) months after the child leaves the hospital. 6. The employee may choose to utilize accumulated paid leave benefits during parental leave. Any use of sick leave must first be preceded by exhausting all but 40 hours of accrued personal leave time, unless accompanied by a physician's statement 6.50 Pregnancy and Parental Leave 86 qualifying the employee for use of sick leave. In no case shall more than six weeks of sick leave be used during parental leave, unless accompanied by a physician's statement qualifying the employee for use of additional sick leave. 7. Insurance coverage will be made available to the employee while they are on leave. The City will continue to provide the City's share of insurance plan costs or health care premiums while the employee is on pregnancy or parental leave. 8. The employee is required to return to work for a minimum of twelve weeks following the pregnancy or parental leave. Failure to comply with this provision may result in the requirement of the employee to repay the City's share of insurance plan costs provided during the parental leave. 9. No personal leave or sick leave benefits shall accrue nor will holidays be paid during unpaid pregnancy or parental leave. Personal leave or sick leave benefits shall accrue and holidays will be paid during pregnancy or parental leave if the employee is utilizing accumulated paid leave benefits or compensatory time. No sick leave may be donated to persons on pregnancy or parental leave. 10. An employee returning from an authorized pregnancy or parental leave shall be reinstated to their former position or a position equivalent in pay, benefits and other terms and conditions of employment, which the employee was receiving prior to the commencement of the leave. However, if the employee's position would have been eliminated or the employee would have been dismissed but for the leave, the employee does not have the right to be reinstated upon return from leave. Approved By: Medina City Council Date: December 20, 2005; Amended January 4, 2011; January 18, 2011; August 6, 2014; February 21, 2017 6.50 Pregnancy and Parental Leave 87 Personnel Policy MEDINA 6.55 Bone Marrow and Organ Donation Leave Purpose: To define the scope and eligibility for an employee to take bone marrow and/or organ donation leave. Policy: 1. Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40 hours unless agreed to by the City, to undergo medical procedures to donate bone marrow and/or an organ. The 40 hours of paid leave will not be taken from the employee's accrued leave banks; it is given to the employee over and above the amount of accrued time the employee has earned. 2. The City may require a physician's verification of the purpose and length of the leave requested to donate bone marrow and/or an organ. If there is a medical determination that the employee does not qualify as a bone marrow donor and/or organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited. Approved By: Medina City Council Date: July 15, 2014. 6.55 Bone Marrow & Organ Donation Leave 88 Personnel Policy MEDINA 6.60 Leaves of Absence - Other Purpose: To define the scope and eligibility for other employee leaves of absence. Policy: 1. The City Council may grant any employee a leave of absence without pay for a period not to exceed 90 days. In extenuating circumstances, the Council may grant a leave without pay for a period longer than 90 days if it determines that such a leave is necessary and feasible in order to reasonably accommodate an employee by law. In unusual circumstances, a department head may grant an employee leave without pay, not to exceed 8 hours, without first consulting the City Administrator. The City Administrator may grant an employee leave without pay, not to exceed 30 days, without first consulting the City Council. a. Insurance coverage will be made available to the employee while they are on leave. The City will continue to provide the City's share of insurance plan costs or health care premiums while the employee is on leave as long as the employee returns to work after the leave for at least the length of the leave. Failure to comply with this provision may result in the requirement of the employee to pay back the City's share of insurance plan costs or health care premiums that were provided during the leave. b. No personal leave or sick leave benefits shall accrue nor will holidays be paid during a leave of absence. c. Prior to starting a leave of absence without pay, the employee shall be required to exhaust the personal holiday and all accumulated leave and compensatory time. The City may not require the employee to use accumulated sick leave unless the leave of absence is for an employee's illness, injury, disability or health related treatment that qualifies for the use of sick leave. d. An employee returning from an authorized leave shall be reinstated to their former position or a position equivalent in pay, benefits and other terms and conditions of employment, which the employee was receiving prior to the commencement of the leave. However, if the employee's position would have been eliminated or the employee would have been 6.60 Leaves of Absence — Other 89 Personnel Policy MEDINA dismissed but for the leave, the employee does not have the right to be reinstated upon return from leave. 2. School Conferences and Activities Leave — Any employee may take unpaid leave of up to 16 hours during any school year, to attend school conferences or classroom activities related to the employee's child, provided the conference or classroom activities cannot be scheduled during non -work hours. Approved By: Medina City Council Date: December 20, 2005; Amended January 4, 2011; February 21, 2017 6.60 Leaves of Absence — Other 90 Personnel Policy MEDINA 7.10 Termination & Resignation Purpose: To define methods of employment termination and procedures for providing notice of resignation. Policy: Termination Employees of the City may leave City service because of death, retirement, resignation, dismissal for cause, reduction or change of work, lack of funds, or other reasons. An employee dismissed for cause is terminated not in good standing. Resignation Any employee desiring to leave City service in good standing shall file with the City Administrator or department head, at least fourteen (14) days before leaving, a written and signed resignation stating the effective date of the resignation. Department heads shall provide 30 days notice. Any vacation or other leave time used after the notice must be approved by the Department head. An employee who has provided their resignation notice will not be allowed to withdraw the notice unless approved by the City Administrator in his/her sole discretion. Failure to comply with this procedure may be considered cause for denying termination pay (see Termination Payout policy). Unauthorized absence from work for a period of three (3) working days may be considered by the department head as a resignation without termination pay (see Termination Payout policy). Penalties Termination not in good standing will be noted in the employee's personnel file. In that case, the employee may not be considered eligible for re-employment. Approved By: Medina City Council Date: December 20, 2005 7.10 Termination & Resignation 91 Personnel Policy MEDINA 7.20 Termination Payout Purpose: To define eligibility of benefit payout upon employment termination. Policy: Personal (Vacation) Leave An employee leaving City employment in good standing will be paid any remaining balance of accrued personal leave in the employee's last payroll. Sick Leave An employee leaving City employment in good standing will be paid any remaining balance of accrued sick leave in accordance with the City's Sick Leave policy. Approved By: Medina City Council Date: December 20, 2005 7.20 Termination Payout 92 Personnel Policy MEDINA 7.30 Exit Interviews Purpose: The City desires to determine the purpose of a voluntary resignation to improve the quality of the work environment and retention of quality employees. Policy: The City Administrator, at his/her sole discretion, may require request that an exit interview be conducted of an employee voluntarily leaving City employment. The exit interview will may be conducted by a non -City employee in a form and manner desired by the City Administrator. The terminating employee will be paid their normal base rate of pay for the exit interview. The exit interview will be reviewed by the City Administrator and placed in the employee's personnel file. Approved By: Medina City Council Date: December 20, 2005 7.30 Exit Interviews 93 Personnel Policy MEDINA 8.10 Communication Purpose: The City desires to maintain a work environment that fosters open communication and encourages productive dialogue between employees, their supervisors, and their co-workers. Policy: 1. When making suggestions, voicing concerns, or providing other work -related input, it is expected that an employee will communicate with his/her department head. Department heads are expected to communicate such suggestions, concerns or other work -related input to the City Administrator. Employees are allowed to communicate with the Mayor and City Council on work -related matters involving factual information or under emergency circumstances. Employees, with the exception of the City Administrator, should not engage in policy discussions and strategies, or take directives from the Mayor or individual Council members, unless authorized otherwise by the City Administrator. It is encouraged that Department heads communicate through the City Administrator when contact is needed with the Mayor and City Council. 2. Employees and volunteers providing information to the public or media should always maintain a courteous and professional demeanor, and exercise good judgment in providing any explanations or interpretations of the information. 3. News Releases — News releases concerning municipal affairs are the responsibility of the City Administrator or his/her authorized designee. Any employee who is requested by the news media to give information regarding City business shall refer such request to the City Administrator or his/her designee. An employee shall not issue City of Medina news releases without prior approval of the City Administrator or his/her designee. In cases of emergency, the incident commander or public information officer at the emergency scene, or his/her designee is authorized to release information about the situation to the news media. 4. Data Practices — Only employees and volunteers authorized by the responsible Department head may release data classified as public data by the MN Data Practices Act. Authorized employees or volunteers must consult with their Department head, the City's responsible authority, or the City Attorney's Office regarding the classification of requested data and whether it should be released. Approved By: Medina City Council Date: December 20, 2005 8.10 Communication 94 Personnel Policy MEDINA 8.20 Use of City Property Purpose: To provide guidelines for the employee use of City equipment. Policy: 1. The City expects employees to responsibly use and care for the equipment, machinery, and tools available to them to effectively and efficiently accomplish their assigned duties. Policies related to technology may be found in the City's Technology policy. 2. Personal use of City equipment, machinery, or tools is prohibited, except as identified in the City's Technology policy or elsewhere in the Personnel Policy. 3. City Vehicle Use a. The City Administrator shall approve the job classification that requires the use of a City -owned vehicle on a take-home basis. b. Any employee on City business is encouraged to use a City -owned vehicle when practicable. c. The use of City -owned vehicle during regularly scheduled work hours for personal reasons is prohibited, unless approved by the employee's Department head. d. An employee who drives either a City -owned vehicle or their own personal vehicle for City business must be mindful of all traffic regulations and is required to have a valid driver's license. Driving records of City employees will may be checked on an annual basis, for verification of a valid driver's license, for liability and for insurance related purposes. 4. Any employee who has authorized possession of keys, keycards, tools, cell phones, electronic devices, or other cCity-owned equipment must register his/her name and the serial number (if applicable) or identifying information about the equipment with his/her supervisor. a. All such equipment must be turned in and accounted for by any employee leaving employment with the cCity in order to resign in good standing. 8.20 Use of City Property 95 Personnel Policy MEDINA 8.30 Technology Purpose: To provide guidelines for the use of equipment related to technology (including, but not limited to, computers, tablets, telephones, cell phones, printers, cameras, etc.), as well as operation of the City's- websiteWeb site, social media sites, and access to the Internet and personal e-mail by staff. Policy: 1. Employees are expected to use good judgment in their responsible and reasonable use of the City's technology. Personal use of the equipment must not compromise the City's standards, values or ordinances. Employees have no expectation of privacy in the use of City owned equipment, files, e-mail, or voice mail. The City's equipment may not be used for illegal activities or activities that will negatively impact the performance of the City's system. Examples of inappropriate uses are: adult entertainment, sexually explicit material, political activities, or material advocating intolerance or disrespect for other people, races, or religions. Examples of illegal activities are: activities that result in personal gain for a public employee, child pornography, pirating of software, and copying copyrighted information. Personal Use of Computers — Employees may use technology for personal use provided that use does not interfere with or pre-empt City business and is done at appropriate times (breaks, before work, after work). Downloading of software, real-time services should be limited as they require significant bandwidth. Personal Use of City Phones — Limited personal phone calls on city -owned phones are allowed without reimbursing the City. Employees must reimburse the City for all strictly personal phone calls made on the City's phone when number of minutes on the rate plan are exceeded. 2. Employees wishing to use hardware or software other than the equipment provided by the City are required to consult with the City Administrator or with the City's IT consultant prior to the installation of the equipment. 3. Any software programs or custom designed databases, logos or websites developed for use by the City becomes the property of the City. Software programs may not be sold or distributed in any way without prior approval. 8.30 Technology 96 Personnel Policy MEDINA 8.60 Workplace Safety Purpose: The City recognizes its responsibility to provide a workplace in which safety is promoted and hazards are either removed, prevented, or minimized. Policy: 1. Employees are responsible for observing all safety rules and procedures. 2. Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of employment that such equipment be worn by the employee. 2.3.Any employee routinely exposed to hazardous substances or harmful physical agents as defined in the Minnesota Employee Right to Know Act of 1983 (Laws 1983, Ch. 316, Minn. Stat. 182.65-182.675) shall be trained before being assigned or reassigned work exposing the employee to such substances or agents and shall be given training annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the workplace, how the hazards are labeled, and where to obtain specific information. The City's designated safety officer shall provide for such training and for the City's compliance with the Employee Right -to - Know Act, the Workplace Accident and Injury Reduction Act, and other state and federal OSHA -related requirements including: the establishment of a written program, the identification of all hazardous substances, the acquisition and maintenance of Materi-al Safety Data Sheets, and the monitoring of containers for proper labels. 4An employee acting in good faith has the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious physical harm to the employee. 3.5.Supervisors are authorized to send an employee home immediately when the employee's behavior violates the cCity's personnel policies, department policies, or creates a potential health or safety issue for the employee or others. Approved By: Medina City Council Date: December 20, 2005 8.60 Workplace Safety 97 Personnel Policy MEDINA 8.70 Firearms at Work Purpose: To establish a policy prohibiting all employees, except sworn employees of the Police Department, from carrying or possessing firearms while acting in the course and scope of employment for the city. Policy: The possession or carrying of a firearm by employees other than sworn Police Officers is prohibited while working on city property or while working in any location on behalf of the city. This includes but is not limited to: Driving on city business; Riding as a passenger in a car or any type of mass transit on city business; Working at city hall or any other city -owned work site; Working off -site on behalf of the city; Performing emergency or on -call work after normal business hours and on weekends; Working at private residences and at businesses on behalf of the city; Attending training or conferences on behalf of the city; An exception to this policy is that city employees may carry and possess firearms in city - owned parking areas if they have obtained the appropriate permit(s). Therefore, if a city employee must drive his or her personal vehicle on city business, he or she may check a firearm with the city Police Department during the workday and retrieve it after work. The Police Department will establish procedures to ensure that the firearm is locked up and is not able to be retrieved by anyone other than the owner/employee. When responding to on -call work from home after regular work hours, an employee is prohibited from bringing a firearm in their private vehicle unless the vehicle remains in a parking lot and is not needed in order to respond to the call. Violations of this policy are subject to disciplinary action in accordance with the city's disciplinary procedure policy. City of Medina City Council approved, 6/3/2003 Amended by: Medina City Council Date: December 20, 2005 8.70 Firearms at Work 98 Personnel Policy MEDINA 8.80 Drug -Free Workplace Purpose: The City desires to adopt policies to establish a drug -free workplace. Policy: In accordance with federal law, the City has adopted the following policy on drugs in the workplace: 1. Employees are expected and required to report to work on time and in appropriate mental and physical condition for work. The City's goal is to provide a drug -free, safe, and secure work environment. 2. The unlawful manufacture, distribution, possession, or use of a controlled substance on City property or while conducting City business is absolutely prohibited. Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences. 3. Employees taking a lawful controlled substance, including prescription and over-the- counter controlled substances, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee's responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to perform safety -sensitive functions. 3A.The City recognizes drug dependency as an illness and a major health problem. The City also recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans, as appropriate. J.5.Employees must, as a condition of employment, abide by the terms of the above policy and must report any conviction under a criminal drug statute for violations occurring on or off the work premises while conducting City business. A report of the conviction must be made within five days after the conviction as required by the Drug -Free Workplace Act of 1988. 8.80 Drug -Free Workplace 99 Personnel Policy MEDINA Approved By: Medina City Council Date: December 20, 2005 8.80 Drug -Free Workplace 100 Personnel Policy MEDINA 8.90 Smoke Free Workplace Purpose: To maintain the health, comfort, and respect in the workplace, the City wishes to limit smoking to designated areas. Policy: 1. All City buildings, and City owned vehicles, in their entirety, shall be designated as "Smoke Free," meaning that all persons shall be prohibited from smoking cigarettes, cigars, pipes, using chewing tobacco, snuff, or other related tobacco substances while in such City facilities or City owned vehicles. 2. If smoking results in discomfort to others, smokers are required to stop smoking. 3. Employees who smoke should remain at least 10 feet from doors to buildings and should place cigarette butts in appropriate trash containers. Smoking in non -approved areas may result in disciplinary action. 4. The City shall pay for any employee who voluntarily attends one or more smoking cessation programs upon City Council approval. Approved By: Medina City Council Date: December 20, 2005 8.90 Smoke Free Workplace 101 Personnel Policy MEDINA 8.95 Severe Weather Conditions Purpose: To set forth an appropriate emergency response for employees at City Hall and facilities in the event of a tornado or other severe weather event, which may require taking shelter or closing of City offices. Policy: 1. In the event of a tornado, proceed to the areas marked on the evacuation floor plan as a safe weather area. Go to the closest area, sit down on the floor along the wall, and quietly await your Department head. After you have been counted, the supervisor will give you directions for safety or dismissal. Employees must not leave the area without their Department head approval. 2. Employees are to be alert for changing weather conditions and act accordingly. If the City of Medina is open and an employee does not report to work or leaves early in the interest of their own safety, then that employee must report off work and use compensatory, personal or vacation time or leave without pay. 3. In the event of a severe weather event, the Mayor or City Administrator may close City offices. Employees Certain employees mayarc not be required to report to work and are not required to use compensatory, personal time, vacation time or leave without pay. Police Officers and Public Works employees shall report to work regardless of weather conditions. Approved By: Medina City Council Date: December 20, 2005; Amended December 21, 2010. 8.95 Severe Weather Conditions 102 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: August 30, 2017 SUBJ: Planning Department Updates — September 5, 2017 City Council Meeting Land Use Application Review A) Lunski Preliminary Plat, Rezoning, Site Plan Review — Lunski, Inc. has applied for approvals for a development of 90 units of mixed senior housing, 24,767 s.£ of office, and 4,100 s.f. commercial north of Highway 55 and west of Mohawk Drive. The Planning Commission held a public hearing at the July 11 Planning Commission meeting. The Commission tabled the request in order to allow the applicant to update plans to meet comments from the Elm Creek Watershed and City Engineer. Staff presented the request to the Commission on August 8 and the Commission recommended approval. The City Council reviewed on August 15, requested a number of changes, which will be presented on September 19. B) McDonald's Variance — McDonald's has requested a variance to reduce the required setback for a replacement trash enclosure. The existing enclosure is being removed by Hennepin County in connection with the County Road 116 improvement project and needs to be relocated. The Planning Commission reviewed the request at the August 8 meeting and unanimously recommended approval. Staff intends to present the request to the City Council for a public hearing on September 5. C) School Lake Nature Preserve CD-PUD — Wally and Bridget Marx have requested review of a PUD General Plan of development and preliminary plat for a conservation design subdivision to include 6 lots and conservation of 70 acres (11.76 buildable). The Planning Commission held a Public Hearing at the June 13 meeting and unanimously recommended approval. The applicant has adjusted plans in light of recent City Council direction to include a minimum lot size of 2.5 acres in rural CD-PUD projects. Staff intends to present the request at the September 19 City Council meeting. D) Excelsior Group PUD Concept Plan — The Excelsior Group has requested a comprehensive plan amendment for the City to amend the staging of development for property located north of Chippewa Road and west of Mohawk Drive for a 68-lot single-family subdivision. The Planning Commission held a public hearing on August 8 and generally did not find that the request met the criteria for developing earlier than the staging plan dictates. The Park Commission reviewed on August 16 and the Council on September 19. E) Weston Woods of Medina PUD Concept Plan — 1952 Chippewa Road — Mark of Excellence Homes has requested review of a PUD concept plan for the development of 94 twinhomes on 80 acres (-30 buildable) east of Mohawk Drive, and north of Chippewa Road. The Planning Commission is tentatively scheduled to hold a public hearing on September 12. The Park Commission is scheduled to review on September 20 and the City Council on October 3. F) JEGMRevoc Trust Solar Text Amendment and CUP — 2705 Willow Drive — The JEGM Revocable Trust has requested that the City consider amending its zoning code to increase the maximum footprint of ground mounted solar panels permitted on a rural property from 2500 square feet to 4000 square feet. The applicant has also requested a conditional use permit for construction of a 4000 square foot ground mounted solar array, a 2304 square foot greenhouse and 360 square foot warming shed. The Planning Commission is tentatively scheduled to hold a public hearing on September 12. The City Council is tentatively scheduled to review on October 3. Planning Department Update Page 1 of 2 September 5, 2017 City Council Meeting G) Reserve of Medina Second Addition — Toll Brothers has requested approval of the second phase of the Reserve of Medina project. Staff is conducting a preliminary review and will present to Council when complete, potentially at the September 19 meeting. H) OSI Lot Line Rearrangement — Open Systems International (OSI) has requested approval of a lot line rearrangement (division and combination) between their property at 4101 Arrowhead Drive and the adjacent outlot to the southeast. The applicant intends to extend their parking lot into this area. The Planning Commission held a public hearing on the request on August 8 and unanimously recommended approval. The City Council reviewed and adopted resolutions of approval on August 15. Staff will work with the applicant to finalize conditions of approval before recording. I) Crosby/Snow 2nd Home CUP — 2402 Hamel Road — Buddy and Kim Snow have requested a conditional use permit to construct a 2nd principal single family home on property owned by Kim's parents. The RR district allows a 2nd home on properties over 40 acres for family, employees or guests. The Planning Commission held a public hearing at the July 11 meeting and unanimously recommended approval. The Council reviewed on August 2 adopted a resolution of approval on August 15. Staff will work with the applicant on the conditions of approval in connection with construction of the house. J) Johnson ADU CUP, Dykhoff Septic Variance, Hamel Brewery, St. Peter and Paul Cemetery — The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. K) Woods of Medina — This preliminary plat has been approved and staff is awaiting a final plat application L) Hamel Road Thirty Two, Hamel Haven subdivisions — These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plats are recorded Other Projects A) Comprehensive Plan — The draft Comprehensive Plan has been routed to affected jurisdictions for their review. Staff has received preliminary comments from the Met Council and is meeting with the various departments to clarify some matters. B) Closed Landfill regulations — staff has drafted an ordinance related to the Woodlake Landfill as required by the MPCA in connection with the state's closed landfill program. The ordinance includes requirements which extend onto adjacent property. The Planning Commission held a public hearing on the ordinance at the August 8 meeting and tabled the ordinance. Neighboring property owners raised concerns related to the impact of the ordinance on their property values. The Planning Commission directed staff to evaluate the ordinance to determine how the impacts of the ordinance could be reduced on property owners while still meeting state mandates. Staff has drafted the ordinance and will present at the September 12 meeting. Planning Department Update Page 2 of 2 September 5, 2017 City Council Meeting MEMORANDUM MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p:763.473.9209 f: 763.473-8858 non -emergency: 763.525.6210 Emergency 9-1-1 TO: FROM: DATE: RE: Mayor Robert Mitchell and City Council Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson August 31, 2017 Department Updates Loretto Fire Meeting On August 15d' I attended the Loretto Fire Department mid -year report. Chief Leuer handed out a power point presentation that covered their current activity and budget information. In the first half of 2017, Loretto Fire had responded to Medina 11 times, expending a total of 165 personnel hours. This was 13% of all personnel hours used so far in 2017. Of the 11 calls, four were medicals, four miscellaneous, two alarms, and one fire/smoke. As for the first half of 2017 budget, Loretto Fire had revenues of $265,430 and expenditures of $284,800. Chief Leuer informed us that he had taken delivery of a new pumper/rescue truck, was working with neighboring departments on Lexipol policies, and a training coordinator. He had been diligent in applying for training grants through the state and had received over twice his allocation. He is also working on the Corcoran Fire Service Study and is addressing the future ramifications of cancer in the fire service. Chief Leuer reported that things are running well in the Loretto Fire Department. Hiring Process Andrew Scharf started his field training program on August 16th with Field Training Officer David Hall. Scharf will be in the field training program for the next 14 weeks. He will be sworn in once he completes his probation period with the police department. Trainings and Meeting I attended the following training and meetings: • August 16, 2017 - Met with Fire Consultant with ESCI in reference to Corcoran Fire Service Study. • August 17, 2017 - Attended the Hennepin Sheriff's Leadership Conference on Terrorism in Brooklyn Park with expert speakers from Israel and the FBI. • August 22, 2017 - We held our third quarter department shoot at the Delano range. • August 23, 2017 - Attended an IOCP meeting in Wayzata on Investing in our Kids. • I have been working with the Medina Celebration Day and the Loretto FunFest committees to prepare for the upcoming events. Patrol by Sergeant Nelson Training On August 22nd Officer McGill conducted the department's firearms shoot at the Delano range. We shot handguns and our squad riffles. Patrol Activities For the dates of August 8 to August 30, 2017, our officers issued 28 citations and 127 warnings for various traffic infractions. There were a total of eight traffic accidents, 15 medicals and nine alarms. On August 27, 2017, Officer Gregory responded to a verbal domestic where a husband and wife were arguing over phones and other issues. It was decided that the male would leave for the night. Nothing physical occurred. On August 27, 2017, Officer Gregory responded to a verbal domestic where husband and wife were arguing so loud that an anonymous person called in. Upon arrival, the female had left the residence. Officer Gregory located the male who was not cooperative and refused to talk to police. On August 25, 2017, Officers Gregory and McKinley assisted a female in getting her husband served with an Order for Protection (OFP). The male was located at the residence and was served the proper paperwork. On August 20, 2017, Officer McGill responded to a psychological issue involving a female who had not been sleeping and was acting strange. The female was located in the front yard at a nearby residence. After speaking with the female, it was decided that she appeared to be in a manic mental state and she was placed on a health and welfare hold, and was transported to the hospital. On August 18, 2017, Officer McGill took a theft report. It was reported that someone had stolen a person's medication while at work from his lunchbox. The lunchbox was left unattended and in a common area so it is unknown who may have stolen the medication. On August 6, 2017, Officer McKinley took a theft from auto report in the Independence Beach area. Caller reported that he had left his vehicle unlocked in his driveway and that he went outside around midnight to lock his vehicle up when he noticed that his glovebox was open and it appeared that his car had been gone through. The reporting parry stated that he didn't think anything was missing. Investigations by Investigator Kevin Boecker Investigating another victim of an online scam. Resident met someone online who had convinced her to provide him with her full name, bank account information and banking passwords. Suspect then deposited a check into her account for $2400 and then had her make two wire transfers to someone in Ghana. The check ended up being bad and victim is out the $2400 that she wired out of country. Investigating a felony NSF check case where a suspect paid for merchandise at a local business with a bad check. Subpoena has been sent to the suspect's bank to obtain banking records. Investigating a theft by swindle case where a contractor took a deposit for a siding job and never did any work on the project. Suspect has prior history of similar incidents with other homeowners. Investigation is ongoing. Additional search warrant sent to bank for updated banking records on Internet scam case from earlier this year. There are currently 11 open cases assigned to Investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: August 31, 2017 MEETING: September 5, 2017 SUBJECT: Public Works Update STREETS • The PW crew replaced a culvert on Tamarack Road. The road was closed most of the morning of August 15th, but with the signage that we placed up and down the road, the City didn't receive any calls or complaints. • The paving on Wichita Road is now complete. • There was a shutdown of the City water system on Tuesday, August 29, for approximately three hours to make an interconnect with the City of Corcoran in case of a water emergency for either City. Hackamore Road was closed most of the day to get the pipe across the road. • Stripers will be working on all the roads that were seal coated and some of the intersections that need striping starting next week. • There will be a closure of the County Road 116 northbound right turn lane off HWY 55 at 116 starting September 6th. This will cause some issues at this intersection. The detour is County Road 101. Medina police have been notified and the contractor has asked for their assistance in the matter. • The Clydesdale paving project will begin after the east side of the County Road 116/Highway 55 project is complete. WATER/SEWER/STORMWATER • The PW crew did a valve repair on Pinto Drive to replace one valve and eliminate another that was leaking. We surely have had our share of water main repairs and improvements this summer • There was a shutdown of the City water system on Tuesday, August 29, for approximately three hours to make an interconnect with the City of Corcoran in case of a water emergency for either City, with Hackamore Road closed most of the day Tuesday to get the pipe across the road. The developer in Corcoran has not reached the crossing but are very close, and it looks like we are just a few weeks from having the interconnect up and working. • The Sewer Lining Project will not begin until the Highway 55/County Road 116 project is substantially complete. We did hold a preconstruction meeting with Hydro Clean the contractor for the lining and he will be ready to go as soon as he can get access. " The water Tower rehab project is scheduled to start on Tuesday September the 5th. This project is expected to last six weeks. I have notified all emergency services and have our control people on call along with two staff personnel. I am prepared for the worst and hoping for the best. PARKS/TRAILS " We are still hoping to install the volleyball court at the Fields of Medina Park. Between the rain and the endless list of things to do, it has been pushed out for other priorities. " We have a lot of dead elms to clean out of Harriette's woods along the trail way in the Enclave. Page 2 of 2 ORDER CHECKS AUGUST 16, 2017 - SEPTEMBER 5, 2017 046254 AHLIN, JAMES $500.00 046255 BREEZY POINT $150.00 046256 HILBERG, ELIZABETH $150.00 046257 POST BOARD $90.00 046258 RANFRANZ, JO BETH $150.00 046259 ZAHRA SAJJAD $500.00 046260 TOLL BROS, INC $10,000.00 046261 COMMERCIAL ASPHALT CO. $1,294.46 046262 GIBBS, JONI $525.00 046263 JP SALEA GROUP $150.00 046264 OPEN SYSTEMS INTERNATIONAL $500.00 046265 VEERAMASUNENI, VENKATA $250.00 046266 AKHTAR, HASINA $250.00 046267 AUSTIN, MICHAEL $652.80 046268 ARVIND KUMAR $150.00 046269 MCKINLEY, JOSHUA D $7,380.06 046270 MEEMKEN, BEN $65.45 046271 RESERVE OF MEDINA HOA $87.88 046272 SHETH, KETAL $20.00 046273 VENKATAPPA, SUMA $150.00 046274 ALLSTAR ELECTRIC $95.00 046275 ASPEN MILLS INC $375.81 046276 BEAUDRY OIL & PROPANE $3,666.17 046277 BIFFS INC $782.30 046278 BRIGGS AND MORGAN $493.75 046279 BRYAN ROCK PRODUCTS $3,802.46 046280 BURDAS TOWING $145.00 046281 CONTEMPORARY IMAGES $22.50 046282 CORNER HOUSE/INTERAGENCY CTR $1,137.38 046283 CUSTOM HOME BUILDERS $609.75 046284 DESLAURIERS & SONS INC $400.00 046285 DITTER INC $489.39 046286 DPC INDUSTRIES INC $978.80 046287 EARL F ANDERSEN INC $328.54 046288 EMERY'S TREE SERVICE $425.00 046289 ERNEST SPINKS $425.00 046290 GEYER SIGNAL OF ST CLOUD INC $2,000.00 046291 GRAFIX SHOPPE $415.00 046292 GRAINGER $117.59 046293 HACH COMPANY $939.30 046294 HENN COUNTY SHERIFF $343.01 046295 HENN COUNTY TAXPAYER SVCS DEPT $888.65 046296 HENRYS WATERWORKS INC $141.74 046297 J.O.T.S. COMPUTER SERVICES INC $75.00 046298 KD & COMPANY RECYCLING INC $659.06 046299 KENNEDY & GRAVEN CHARTERED $7,324.70 046300 LAW ENFORCEMENT LABOR $343.00 046301 MADISON NATIONAL LIFE $611.35 046302 MARCO INC $88.72 046303 MARTIN-MCALLISTER $500.00 046304 MEDIACOM OF MN LLC $48,000.00 046305 MINNESOTA WISCONSIN PLAYGROUND $1,447.00 046306 MN CHIEFS OF POLICE ASSN $313.00 046307 MN DEPT OF NAT RES - OMB $150.00 046308 MN POLYGRAPH ASSOCIATION $150.00 046309 MOTLEY AUTO SERVICE LLC $306.00 046310 OFFICE DEPOT $136.40 046311 PAINT -A -LOT $964.98 046312 RANDY'S SANITATION INC $180.00 046313 ROLF ERICKSON ENTERPRISES INC $7,422.37 046314 S & S WORLDWID INC $53.55 046315 SCHMIDT CURB COMPANY INC $21,602.00 046316 SITEONE LANDSCAPE SUPPLY LLC $124.17 046317 STREICHER'S $238.41 046318 SUN LIFE FINANCIAL $604.40 046319 TEGRETE CORP $1,627.00 046320 TIMESAVER OFFSITE $416.88 046321 TOWMASTER $976.00 046322 WSB & ASSOCIATES $26,651.50 Total Checks $163,003.28 *SEE NOTES BELOW ELECTRONIC PAYMENTS AUGUST 16, 2017 - SEPTEMBER 5, 2017 004276E SELECT ACCOUNT $616.88 004277E MINNESOTA, STATE OF $2,084.00 004278E MEDIACOM OF MN LLC $68.77 004279E XCEL ENERGY $12,840.67 004280E PR PERA $14,280.07 004281E PR FED/FICA $16,335.60 004282E PR MN Deferred Comp $2,320.00 004283E PR STATE OF MINNESOTA $3,382.36 004284E SELECT ACCOUNT $736.07 004285E CITY OF MEDINA $21.00 004286E DELTA DENTAL $2,491.85 004287E KONICA MINOLTA $168.48 004288E MARCO (LEASE) $774.48 004289E MEDIACOM OF MN LLC $355.80 004290E VALVOLINE FLEET SERVICES $113.99 004291E VERIZON WIRELESS $1,261.38 004292E CIPHER LABORATORIES INC. $4,753.00 004293E WRIGHT HENN COOP ELEC ASSN $2,433.53 Total Electronic Checks $65,037.93 PAYROLL DIRECT DEPOSIT AUGUST 23, 2017 0508106 ALTENDORF, JENNIFER L $1,332.97 0508107 BARNHART, ERIN A. $2,099.87 0508108 BELLAND, EDGAR J $2,570.18 0508109 BOECKER, KEVIN D. $2,162.82 0508110 CONVERSE, KEITH A $2,085.88 0508111 DINGMANN, IVAN W $1,554.36 0508112 ENDE, JOSEPH $1,456.49 0508113 FINKE, DUSTIN D. $2,178.54 0508114 GALLUP, JODI M $1,752.05 0508115 GLEASON, JOHN M. $2,000.36 0508116 GREGORY, THOMAS $1,940.11 0508117 HALL, DAVID M. $2,877.56 0508118 JESSEN, JEREMIAH S $2,001.80 0508119 JOHNSON, SCOTT T. $2,230.19 0508120 KIESER, NICHOLAS $835.84 0508121 KLAERS, ANNE M $1,154.58 0508122 LANE, LINDA $1,492.96 0508123 LEUER, GREGORY J. $1,980.38 0508124 MCGILL, CHRISTOPHER R $1,470.20 0508125 MCKINLEY, JOSHUA D $1,899.17 0508126 NELSON, JASON $2,096.22 0508127 PETERSON, DEBRA A. $1,684.68 0508128 REINKING, DEREK M $1,862.38 0508129 SCHARF, ANDREW $431.68 0508130 SCHARF, ANDREW $502.63 0508131 SCHERER, STEVEN T. $2,289.30 0508132 VIEAU, CECILIA M. $1,138.40 Total Payroll Direct Deposit $47,081.60 *Police Officer J. McKinley had been contributing to Social Security from which he is exempt. This payment is a refund paid directly to Officer McKinley. City of Medina will be reimbursed from IRS for this payment along with the City's portion that was paid as well. All proper paperwork has been submitted.