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HomeMy WebLinkAbout01-13-2020 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, January 13, 2020 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Lyden, Ruhland and Stoesz City Administrator: Jeff Karlson CITY COUNCIL MEETING, 6:30 P.M.  Oath of Office – Mayor Rafferty; Council Members Ruhland and Lyden  Roll Call - Council Members Stoesz, Ruhland, Lyden and Mayor Rafferty were present  Pledge of Allegiance  Open Mike / Public Comment - Allen Moser, 540 Marshan Lane, expressed concern about traffic on his street (perhaps related to the YMCA); also concerned about semitrucks using jake brakes and the noise that creates  Setting the Agenda: Addition or Deletion of Agenda Items The agenda was approved as presented 1. CONSENT AGENDA A) Consideration of Expenditures: i) January 13, 2020 (Check No. 111521 through 111636) in the Amount of $720,217.13 B) Consider Approval of December 23, 2019 Work Session Minutes C) Consider Approval of December 23, 2019 Council Meeting Minutes D) Consider Approval of December 23, 2019 Closed Session Minutes E) Consider Approval of Resolution No. 20-02 Appointing Election Judges for 2020 Municipal Special Election (February 11, 2020) Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Consent Agenda Items 1A through 1E as presented was adopted 2. FINANCE DEPARTMENT REPORT None 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Annual Appointments for 2020, Jeff Karlson Action Taken: Motion by Stoesz, seconded by Ruhland, to approve appointments as presented was adopted B) Consider Updated Employee Drug and Alcohol Policies, Karissa Bartholomew Council Agenda -2- January 13, 2020 Action Taken: Motion by Ruhland, seconded by Stoesz, to approve the updated policies as presented was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Acceptance of Police and Fire Plaques Action Taken: Motion by Lyden, seconded by Stoesz, to accept the donated plaques, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT None 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution 19-183, Accepting Quotes, and Awarding a Construction Contract, Irrigation Controller Upgrades Project, Diane Hankee Action Taken: Motion by Ruhland, seconded by Lyden, to approve Resolution No. 19-183 as presented was adopted B) Consider Resolution No. 20-01, Approving Sell of Wetland Credits, Woolan Park Wetland Bank, Michael Grochala Action Taken: Motion by Lyden, seconded by Ruhland, to approve Resolution No. 20-01 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Stoesz, seconded by Ruhland, to adjourn at 7:15 p.m. Community Calendar – A Look Ahead January 13, 2020 through January 27, 2020 Monday, January 20 CITY HALL CLOSED Martin Luther King Monday, January 27 6:00 pm, Community Room Council Work Session Monday, January 27 6:30 pm, Council Chambers City Council Meeting Updated 1/10/2020 CITY COUNCIL AGENDA Monday, January 13, 2020 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Lyden, Ruhland and Stoesz City Administrator: Jeff Karlson CITY COUNCIL MEETING, 6:30 P.M.  Oath of Office – Mayor Rafferty; Council Members Ruhland and Lyden  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or Deletion of Agenda Items 1. CONSENT AGENDA A) Consideration of Expenditures: i) January 13, 2020 (Check No. 111521 through 111636) in the Amount of $720,217.13 B) Consider Approval of December 23, 2019 Work Session Minutes C) Consider Approval of December 23, 2019 Council Meeting Minutes D) Consider Approval of December 23, 2019 Closed Session Minutes E) Consider Approval of Resolution No. 20-02 Appointing Election Judges for 2020 Municipal Special Election (February 11, 2020) 2. FINANCE DEPARTMENT REPORT None 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Annual Appointments for 2020, Jeff Karlson B) Consider Updated Employee Drug and Alcohol Policies, Karissa Bartholomew 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Acceptance of Police and Fire Plaques 5. PUBLIC SERVICES DEPARTMENT REPORT None Council Agenda -2- January 13, 2020 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution 19-183, Accepting Quotes, and Awarding a Construction Contract, Irrigation Controller Upgrades Project, Diane Hankee B) Consider Resolution No. 20-01, Approving Sell of Wetland Credits, Woolan Park Wetland Bank, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead January 13, 2020 through January 27, 2020 Monday, January 20 CITY HALL CLOSED Martin Luther King Monday, January 27 6:00 pm, Community Room Council Work Session Monday, January 27 6:30 pm, Council Chambers City Council Meeting Expenditures January 13, 2020 Check #111521 to #111636 $720,217.13 City of Lino Lakes Activity Codes Code Description Code Description 401 Mayor/Council 817 Spring Fling 402 Administration 818 Winter Festival 403 Elections 819 Community Gardens 404 Cable TV 822 Family Corn Roast 405 Charter Administration 827 Gobbler Games 407 Finance 830 Adult Golf Lessons 414 Legal Consultants 835 Youth Skating Class 415 Economic Development 850 Golf Academy 416 Planning & Zoning 856 Youth Soccer 417 Engineering 857 Soccer Fundamentals 418 Community Development 860 Secret Shop 420 Police Protection 864 Preschool Playtime 421 Fire Protection 868 Little Goblins Party 422 Building Inspections 871 Flag Football 430 Streets 875 Snow Day 431 Fleet Management 876 Kite Day 432 Government Buildings 877 Rockin' in the Park 450 Parks 879 Movies in the Park 451 Recreation 890 Senior Programs 461 Environmental 462 Solid Waste Abatement 463 Forestry 494 Water 495 Sanitary Sewer 499 Other 802 Dodgeball Camp 806 Youth T-Ball 808 Youth Baseball Camp 810 Youth Playground 811 Youth Safety Camp 812 Youth Art Camps 814 Senior Programs/Book Club AP Checks by Account Number 01/13/2020 City Council Meeting Vendor Fund/Dept Account Amount Check #Description AFLAC 101-000 101-000-2040-000 167.80 111547 Insurance Premiums Central Pension Fund 101-000 101-000-2040-000 3,840.00 111521 December Cental Pension Fund Delta Dental of Minnesota 101-000 101-000-2040-000 539.90 111568 Dental Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2040-000 176.40 111568 Dental Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 21.60 111592 Life Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 8.40 111592 Life Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 1,329.02 111592 Life Insurance Premiums Medica 101-000 101-000-2040-000 3,003.77 111596 Health Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 304.00 111525 January Life Insurance Premiums Medica 101-000 101-000-2041-000 608.84 111596 Health Insurance Premiums Medica 101-000 101-000-2041-000 10,872.04 111596 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,710.46 111568 Dental Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 49.30 111568 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2048-000 115.00 111558 January Vision Insurance Lincoln National Life Ins Co 101-000 101-000-3416-000 0.14 111592 Life Insurance Premiums 101-000 Total 22,746.67 Medica 101-402 101-402-4131-000 538.42 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 9.00 111592 Life Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 92.23 111593 Disability Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 176.40 111568 Dental Insurance Premiums Bloomquist Law Firm LLC 101-402 101-402-4300-000 4,218.75 111565 November Legal Services Bloomquist Law Firm LLC 101-402 101-402-4300-000 1,265.62 111565 December Legal Services Occupational Health Centers of MN P.C. 101-402 101-402-4300-000 30.00 111557 New Hire Testing Occupational Health Centers of MN P.C. 101-402 101-402-4300-000 190.50 111557 New Hire Testing/HepB League of Minnesota Cities 101-402 101-402-4330-000 125.00 111588 2020 MCMA Winter Workshop GovOffice LLC 101-402 101-402-4410-000 1,500.00 111556 Annual Hosting Fee TASC - Client Invoices 101-402 101-402-4410-000 97.65 111622 November Admin Fees 101-402 Total 8,243.57 Medica 101-407 101-407-4131-000 2,455.45 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 66.98 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 7.32 111592 Life Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 99.22 111568 Dental Insurance Premiums Finke Brian 101-407 101-407-4330-000 340.33 111531 Tuition Reimbursement B. Finke Press Publications Inc. 101-407 101-407-4340-000 183.30 111615 Summary 2020 Budget 12/26 Quad 101-407 Total 3,152.60 Kennedy & Graven Chartered 101-415 101-415-4300-000 390.00 111584 December Lino Lakes Tech Corridor MN Metro North Tourism Board 101-415 101-415-4900-000 4,323.00 111605 November Tourism Tax 101-415 Total 4,713.00 Medica 101-416 101-416-4131-000 538.43 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 24.45 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 2.25 111592 Life Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.10 111568 Dental Insurance Premiums Evenson Neil 101-416 101-416-4331-000 150.00 111572 4th Quarter Planning & Zoning Board Laden Perry 101-416 101-416-4331-000 150.00 111587 4th Quarter Planning & Zoning Board Stipend Peacock Susan C.101-416 101-416-4331-000 150.00 111552 4th Quarter Planning & Zoning Board Stipend Root Michael 101-416 101-416-4331-000 150.00 111617 4th Quarter Planning & Zoning Board Stipend Ruhland Michael S.101-416 101-416-4331-000 150.00 111553 4th Quarter Planning & Zoning Board Stipend Stimpson Jeremiah 101-416 101-416-4331-000 150.00 111540 4th Quarter Planning & Zoning Board Stipend Tralle Paul 101-416 101-416-4331-000 200.00 111623 4th Quarter Planning & Zoning Board Stipend Press Publications Inc. 101-416 101-416-4340-000 42.30 111615 PH Chapter 305 12/26 Quad 101-416 Total 1,751.53 Lincoln National Life Ins Co 101-418 101-418-4133-000 43.30 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 4.50 111592 Life Insurance Premiums 101-418 Total 47.80 Medica 101-420 101-420-4131-000 20,581.93 111596 Health Insurance Premiums Medica 101-420 101-420-4131-000 1,186.13 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 64.23 111592 Life Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 2.25 111592 Life Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 664.96 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 17.32 111593 Disability Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 1,038.54 111568 Dental Insurance Premiums Page 1 AP Checks by Account Number 01/13/2020 City Council Meeting Vendor Fund/Dept Account Amount Check #Description Delta Dental of Minnesota 101-420 101-420-4134-000 44.10 111568 Dental Insurance Premiums Maloney Mark 101-420 101-420-4211-000 256.50 111595 Taser Cartridges Primary Products Company 101-420 101-420-4211-000 54.23 111616 Purell Instant Hand Sanitizer UPS/United Parcel Service 101-420 101-420-4322-000 31.14 111626 UPS Shipping Anoka County Chiefs of Police Association 101-420 101-420-4330-000 165.55 111586 Annual Dues J. Swenson Anoka County Chiefs of Police Association 101-420 101-420-4330-000 165.55 111586 Annual Dues W. Owens Anoka County Chiefs of Police Association 101-420 101-420-4330-000 165.55 111586 Annual Dues K. Leibel Century College 101-420 101-420-4330-000 850.00 111539 Law Enforcement Training Initial Defense Customized Training LLC 101-420 101-420-4330-000 395.00 111554 State Mandated PD Training K. Mobraten Aspen Mills Inc. 101-420 101-420-4370-000 206.68 111612 Uniform Allowance K. Kraemer Aspen Mills Inc. 101-420 101-420-4370-000 249.55 111612 CSO Uniform S. Bergeron Aspen Mills Inc. 101-420 101-420-4370-000 39.99 111612 Uniform Allowance R. Strub Aspen Mills Inc. 101-420 101-420-4370-000 119.90 111612 Uniform Allowance C. Boehme Aspen Mills Inc. 101-420 101-420-4370-000 199.00 111612 Uniform Allowance T. Hagen Aspen Mills Inc. 101-420 101-420-4370-000 28.50 111612 Explorers Stock Uniform Aspen Mills Inc. 101-420 101-420-4370-000 1,821.30 111612 New Hire Uniform A. Ng Aspen Mills Inc. 101-420 101-420-4370-000 379.09 111612 Uniform Allowance K. Mobraten Aspen Mills Inc. 101-420 101-420-4370-000 35.00 111612 Uniform Allowance A. Riehm Streicher's Inc. 101-420 101-420-4370-000 26.99 111621 New Hire Uniform - A. Ng Connexus Energy 101-420 101-420-4381-000 30.35 111561 Electric Xcel Energy 101-420 101-420-4381-000 3.72 111629 Electric-Police Lexipol LLC 101-420 101-420-4410-000 7,140.00 111590 Law Enforcement Policy Manual Update Subscription Target Solutions Learning LLC Dept 2071 101-420 101-420-4410-000 2,000.00 111532 Annual Membership Platform Tri-Co. Law Enforcement Assoc. 101-420 101-420-4452-000 75.00 111624 2020 Annual Dues 101-420 Total 38,038.05 Medica 101-421 101-421-4131-000 1,262.70 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 49.67 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 4.40 111592 Life Insurance Premiums Delta Dental of Minnesota 101-421 101-421-4134-000 63.96 111568 Dental Insurance Premiums Macqueen Equipment Inc. 101-421 101-421-4240-000 2,120.00 111594 Hose & Adapters Entenmann-Rovin 101-421 101-421-4370-000 1,150.20 111570 Dome Badges Lexipol LLC 101-421 101-421-4410-000 2,376.00 111590 Fire Policy Subscription Target Solutions Learning LLC Dept 2071 101-421 101-421-4410-000 4,573.14 111532 Annual Membership Platform Metro Chief Fire Officers Association 101-421 101-421-4452-000 100.00 111598 Dues J. Swenson Metro Chief Fire Officers Association 101-421 101-421-4452-000 100.00 111598 Dues D. L'Allier Metro Chief Fire Officers Association 101-421 101-421-4452-000 100.00 111598 Dues B. Finke 101-421 Total 11,900.07 Medica 101-422 101-422-4131-000 1,680.96 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 66.66 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 7.87 111592 Life Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 88.20 111568 Dental Insurance Premiums 101-422 Total 1,843.69 Medica 101-430 101-430-4131-000 3,409.16 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 118.27 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 15.19 111592 Life Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 249.16 111568 Dental Insurance Premiums Earl F. Andersen 101-430 101-430-4223-000 283.70 111569 Signs City of St. Paul 101-430 101-430-4224-000 65.44 111550 Asphalt Mix Cargill Inc. 101-430 101-430-4228-000 4,322.17 111536 Clear Lane Deicer Cargill Inc. 101-430 101-430-4228-000 4,287.24 111536 Clear Lane Deicer CenturyLink 101-430 101-430-4385-000 56.22 111522 Phone - Civic Complex Fire Protection Equipment Connexus Energy 101-430 101-430-4385-000 1,461.63 111561 Electric Xcel Energy 101-430 101-430-4385-000 503.24 111629 Electric-Street Lights Xcel Energy 101-430 101-430-4385-000 3,990.84 111629 Electric-Street Lights City of Hugo 101-430 101-430-4410-000 50.00 111548 Trugreen Services/14712 Victor Hugo Blvd City of Hugo 101-430 101-430-4410-000 50.00 111548 Trugreen Services/14712 Victor Hugo Blvd City of Hugo 101-430 101-430-4410-000 50.00 111548 Trugreen Services/14712 Victor Hugo Blvd 101-430 Total 18,912.26 Medica 101-431 101-431-4131-000 1,084.08 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 26.49 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 3.37 111592 Life Insurance Premiums Page 2 AP Checks by Account Number 01/13/2020 City Council Meeting Vendor Fund/Dept Account Amount Check #Description Delta Dental of Minnesota 101-431 101-431-4134-000 66.15 111568 Dental Insurance Premiums Aspen Equipment Company 101-431 101-431-4221-000 342.67 111611 #256 Front Plow Factory Motor Parts Company 101-431 101-431-4221-000 79.29 111573 Stock Factory Motor Parts Company 101-431 101-431-4221-000 112.51 111573 Stock Battery Factory Motor Parts Company 101-431 101-431-4221-000 112.51 111573 Stock Battery Fastenal Company 101-431 101-431-4221-000 87.18 111574 #228 Fasteners Hydraulics Plus & Consulting 101-431 101-431-4221-000 500.70 111579 #117 Rebuild Hydraulic Cylinder Minnesota Equipment 101-431 101-431-4221-000 189.06 111619 #117 Parts Minnesota Petroleum Service 101-431 101-431-4221-000 880.00 111533 36 Inch Steel Manhole Cover O'Reilly Automotive Stores 101-431 101-431-4221-000 65.52 111610 #305 Battery O'Reilly Automotive Stores 101-431 101-431-4221-000 136.75 111610 Stock Wiper Blades O'Reilly Automotive Stores 101-431 101-431-4221-000 3.92 111610 Stock Oil Filters O'Reilly Automotive Stores 101-431 101-431-4221-000 2.99 111610 #228 Reg Harness Winnick Supply Inc. 101-431 101-431-4221-000 17.84 111628 #224 1/2 Gr 70 Tie Down Chain Bulk Como Lube & Supplies Inc. 101-431 101-431-4300-000 50.00 111559 Recycle Used Oil Filters Power Plan OIB 101-431 101-431-4300-000 423.94 111613 #224 Hydraulic Flow Set Repair Safety Kleen Corporation Inc. 101-431 101-431-4300-000 50.42 111618 Solvent North Country Auto Body & Mechanical 101-431 101-431-4363-000 4,771.77 111544 #394 Squad 11-17-19 Claim AmeriPride Services Inc. 101-431 101-431-4410-000 71.27 111577 Shop Towel Services 101-431 Total 9,078.43 Broadway Awards Inc. 101-432 101-432-4200-000 84.00 111636 Gavel with Sounding Block Washington County 101-432 101-432-4200-000 20.00 111530 Record Notary Commission L. Hogstad-Osterhues Minnesota Petroleum Service 101-432 101-432-4211-500 167.20 111533 EBW 19 Inch Fiberlite Cover Menards - Forest Lake 101-432 101-432-4211-503 2.88 111597 1-1/2 Threaded PVC Cap Probuilt Exteriors LLC 101-432 101-432-4300-000 2,883.50 111564 Skylight Replacement Twin City Fab Inc. 101-432 101-432-4300-000 300.00 111625 Replace Check #111101 Add Doors to Cart General Sprinkler Corporation 101-432 101-432-4300-501 330.00 111543 Wet System Annual Inspection General Sprinkler Corporation 101-432 101-432-4300-502 330.00 111543 Wet System Annual Inspection Life Safety Systems Inc. 101-432 101-432-4300-502 325.00 111591 Annual Monitoring Charge Aid Electric Corporation 101-432 101-432-4300-503 301.25 111567 Troubleshoot Heat Tape at City Hall Life Safety Systems Inc. 101-432 101-432-4300-503 325.00 111591 Annual Monitoring Charge NAC Mechanical & Electrical 101-432 101-432-4300-503 82.42 111606 Building Automation Remote Service Olson's Sewer Service Inc. 101-432 101-432-4300-503 300.55 111609 Men's Room Repair NeoFunds by Neopost 101-432 101-432-4322-000 500.00 111526 Postage Machine Postage Probuilt Exteriors LLC 101-432 101-432-4361-000 3,901.50 111564 Skylight Replacement Connexus Energy 101-432 101-432-4381-500 1,216.83 111561 Electric Xcel Energy 101-432 101-432-4381-501 371.64 111629 Electric-Fire Station #1 Xcel Energy 101-432 101-432-4381-502 938.07 111629 Electric-Fire Station #2 Xcel Energy 101-432 101-432-4381-503 3,451.49 111629 Electric-Civic Complex Ace Solid Waste Inc. 101-432 101-432-4384-500 53.00 111534 Commingle Recycling 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-500 322.74 111534 Trash & Recycling - 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-501 0.00 111534 Can Recycling Fire Station #1 Ace Solid Waste Inc. 101-432 101-432-4384-501 76.36 111534 Trash & Recycling - 7741 Lake Drive Ace Solid Waste Inc. 101-432 101-432-4384-502 0.00 111534 Can Recycling Fire Station #2 Ace Solid Waste Inc. 101-432 101-432-4384-502 141.43 111534 Trash & Recycling - 1710 Birch Street Ace Solid Waste Inc. 101-432 101-432-4384-503 418.23 111534 Trash & Recycling - 640 Town Center Pkwy Olson's Sewer Service Inc. 101-432 101-432-4410-000 520.00 111609 Wastewater Removal & Disposal Public Works Coverall of the Twin Cities 101-432 101-432-4410-500 749.00 111560 January Commercial Cleaning Services Premium Waters Inc. 101-432 101-432-4410-500 39.74 111614 Kandiyohi Water Premium Waters Inc. 101-432 101-432-4410-500 68.34 111614 Kandiyohi Water AmeriPride Services Inc. 101-432 101-432-4410-501 143.18 111577 Mats Coverall of the Twin Cities 101-432 101-432-4410-501 280.00 111560 January Commercial Cleaning Services Coverall of the Twin Cities 101-432 101-432-4410-502 362.00 111560 January Commercial Cleaning Services AmeriPride Services Inc. 101-432 101-432-4410-503 254.64 111577 Mats CES Imaging 101-432 101-432-4410-503 80.00 111541 December Plotter/Scanner Maintenance Coverall of the Twin Cities 101-432 101-432-4410-503 2,292.00 111560 January Commercial Cleaning Services Coverall of the Twin Cities 101-432 101-432-4410-503 1,094.00 111560 January Commercial Cleaning Services Metro Sales Incorporated 101-432 101-432-4410-503 93.55 111599 Copier Maintenance Contract Ricoh/MP C307 MN Department of Labor & Industry 101-432 101-432-4452-000 10.00 111604 Annual Boiler Registration Fire Station #2 101-432 Total 22,829.54 Medica 101-450 101-450-4131-000 1,876.61 111596 Health Insurance Premiums Page 3 AP Checks by Account Number 01/13/2020 City Council Meeting Vendor Fund/Dept Account Amount Check #Description Lincoln National Life Ins Co 101-450 101-450-4133-000 11.69 111592 Life Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 95.56 111593 Disability Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 185.20 111568 Dental Insurance Premiums Frattallone's/Circle Pines Ace 101-450 101-450-4211-000 8.97 111575 Utility Lighter Gooder Clark J.101-450 101-450-4331-000 150.00 111634 4th Quarter Park Board Stipend Haworth Abby 101-450 101-450-4331-000 150.00 111542 4th Quarter Park Board Stipend Huelman Patrick H.101-450 101-450-4331-000 200.00 111578 4th Quarter Park Board Stipend Jensen Richard 101-450 101-450-4331-000 150.00 111582 4th Quarter Park Board Stipend Levi Andrew 101-450 101-450-4331-000 150.00 111589 4th Quarter Park Board Stipend Nordlund John 101-450 101-450-4331-000 150.00 111607 4th Quarter Park Board Stipend Schmidt Andrea 101-450 101-450-4331-000 75.00 111551 4th Quarter Park Board Stipend Connexus Energy 101-450 101-450-4381-000 77.78 111561 Electric Xcel Energy 101-450 101-450-4381-000 122.17 111629 Electric-Parks Ace Solid Waste Inc. 101-450 101-450-4384-000 -415.82 111534 Trash & Recycling - Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 111633 Toilet Rental Lino Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 111633 Toilet Rental Birch Park Northway Irrigation/Landscape 101-450 101-450-4410-000 184.38 111608 Baskets Repair 101-450 Total 3,291.54 Medica 101-451 101-451-4131-000 709.80 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-451 101-451-4133-000 27.29 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-451 101-451-4133-000 3.27 111592 Life Insurance Premiums Delta Dental of Minnesota 101-451 101-451-4134-000 59.53 111568 Dental Insurance Premiums Xtreme Custom Apparel & Promotions 101-451 101-451-4211-000 1,068.00 111630 Warming House Hats and Hoodies 101-451 Total 1,867.89 Medica 101-461 101-461-4131-000 213.56 111596 Health Insurance Premiums Medica 101-461 101-461-4131-000 201.91 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 0.85 111592 Life Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 -1.36 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 7.07 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 0.33 111592 Life Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 16.53 111568 Dental Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 16.53 111568 Dental Insurance Premiums Andrzejewski Paula 101-461 101-461-4331-000 75.00 111580 4th Quarter Environmental Board Stipend Holmes Shawn C.101-461 101-461-4331-000 75.00 111538 4th Quarter Environmental Board Stipend Kaufenberg Elizabeth F.101-461 101-461-4331-000 75.00 111635 4th Quarter Environmental Board Stipend Nelson Wendy 101-461 101-461-4331-000 75.00 111562 4th Quarter Environmental Board Stipend Schwartz Alexander P.101-461 101-461-4331-000 75.00 111631 4th Quarter Environmental Board Stipend Sullivan John E.101-461 101-461-4331-000 100.00 111632 4th Quarter Environmental Board Stipend MN Department of Agriculture 101-461 101-461-4452-000 10.00 111602 Pesticide Application License A. Nelson 101-461 Total 940.42 Medica 101-462 101-462-4131-000 142.38 111596 Health Insurance Premiums Medica 101-462 101-462-4131-000 134.61 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 0.12 111592 Life Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 -2.34 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 4.71 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 0.56 111592 Life Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 11.03 111568 Dental Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 11.03 111568 Dental Insurance Premiums 1st Choice Document Destruction 101-462 101-462-4410-000 600.00 111571 Shred Day Event 920 Pounds Ace Solid Waste Inc. 101-462 101-462-4410-000 102.88 111534 Organic Recycling - Lino Park Ace Solid Waste Inc. 101-462 101-462-4410-000 185.42 111534 Organic Recycling - Birch Park Ace Solid Waste Inc. 101-462 101-462-4410-000 230.46 111534 Organic Recycling - Marshan Park Ace Solid Waste Inc. 101-462 101-462-4410-000 89.99 111534 Organic Recycling - Clearwater Creek 101-462 Total 1,510.85 Medica 101-463 101-463-4131-000 213.56 111596 Health Insurance Premiums Medica 101-463 101-463-4131-000 201.91 111596 Health Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 7.07 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 -1.36 111593 Disability Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 0.33 111592 Life Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 0.84 111592 Life Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 16.54 111568 Dental Insurance Premiums Page 4 AP Checks by Account Number 01/13/2020 City Council Meeting Vendor Fund/Dept Account Amount Check #Description Delta Dental of Minnesota 101-463 101-463-4134-000 16.54 111568 Dental Insurance Premiums 101-463 Total 455.43 Fun Services 201-205 201-205-4211-860 1,724.75 111537 Gifts for Secret Holiday Shop Minnesota Coaches Inc. 201-205 201-205-4211-890 472.50 111601 Bus for 12/18/19 Senior Trip Allen Patrick 201-205 201-205-4410-814 200.00 111566 Performance at Lino Lakes Senior Center on 2/14/20 201-205 Total 2,397.25 Bradley Law LLC 204-499 204-499-4301-000 456.25 111549 Small Cell Ordinance Legal Fees 204-499 Total 456.25 Anoka County Attorney's Office 207-420 207-420-4300-000 101.20 111583 Forfeiture Distribution ICR #18-123659 State of MN - Department of Finance 207-420 207-420-4300-000 27.20 111620 Forfeiture Distribution ICR #14-258370 State of MN - Department of Finance 207-420 207-420-4300-000 13.90 111620 Forfeiture Distribution ICR #15-300751 State of MN - Department of Finance 207-420 207-420-4300-000 50.60 111620 Forfeiture Distribution ICR #18-123659 207-420 Total 192.90 State of MN - Department of Finance 208-420 208-420-4300-000 116.00 111620 Forfeiture Distribution ICR #19-053068 208-420 Total 116.00 Baker Tilly Municipal Advisors LLC 337-470 337-470-4300-000 3,100.00 111563 Arbitrage Calc. Go Bonds Series 2014A 337-470 Total 3,100.00 Lyden Christopher 403-401 403-401-5000-000 500.00 111524 Council Technology Stipend 2020 Rafferty Robin G.403-401 403-401-5000-000 500.00 111527 Council Technology Stipend 2020 Ruhland Michael S.403-401 403-401-5000-000 500.00 111528 Council Technology Stipend 2020 Stoesz Dale K.403-401 403-401-5000-000 500.00 111529 Council Technology Stipend 2020 403-401 Total 2,000.00 Geislinger and Sons Inc. 485-499 485-499-4400-000 436,535.52 111555 West Shadow Lake Drive Area Street & Utility Improvement Project 485-499 Total 436,535.52 MN Department of Health 601-000 601-000-2140-000 7,788.82 111603 4th Quarter Water Connection Fee 601-000 Total 7,788.82 Medica 601-494 601-494-4131-000 1,828.84 111596 Health Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 7.68 111592 Life Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 56.27 111593 Disability Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 146.64 111568 Dental Insurance Premiums Hach Company 601-494 601-494-4211-000 152.06 111545 Reagents for Water Sampling Menards - Forest Lake 601-494 601-494-4211-000 29.98 111597 Low Temp Thermostat Hawkins Inc. 601-494 601-494-4222-000 8,627.98 111576 Chlorine Cylinders Hawkins Inc. 601-494 601-494-4222-000 992.03 111576 Bolt Ass'y O-Ring Valve ASM Core & Main LP 601-494 601-494-4240-000 150.80 111546 Meters Circle Pines Post Office 601-494 601-494-4322-000 323.36 111523 Utility Billing Postage Connexus Energy 601-494 601-494-4381-000 1,936.87 111561 Electric Xcel Energy 601-494 601-494-4381-000 5,283.43 111629 Electric-Water Centennial Utilities 601-494 601-494-4382-000 436.40 111535 4th Quarter Sewer & Water Usage Instrumental Research Inc. 601-494 601-494-4410-000 240.00 111581 November Water Testing 601-494 Total 20,212.34 Medica 602-495 602-495-4131-000 1,828.87 111596 Health Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 56.31 111593 Disability Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 7.73 111592 Life Insurance Premiums Delta Dental of Minnesota 602-495 602-495-4134-000 146.64 111568 Dental Insurance Premiums W.W. Goetsch Associates Inc. 602-495 602-495-4211-000 3,109.20 111627 Hydromatic Model S4LVX Impeller Circle Pines Post Office 602-495 602-495-4322-000 323.37 111523 Utility Billing Postage Connexus Energy 602-495 602-495-4381-000 714.95 111561 Electric Xcel Energy 602-495 602-495-4381-000 1,825.54 111629 Electric-Sewer Centennial Utilities 602-495 602-495-4382-000 258.54 111535 4th Quarter Sewer & Water Usage Met Council Environmental Services 602-495 602-495-4405-000 86,282.56 111600 January Waste Water Services 602-495 Total 94,553.71 Kennedy & Graven Chartered 801-000 801-000-2300-000 41.00 111584 December Lyngblomsten Senior Housing TIF KLM Engineering Inc. 801-000 801-000-2300-000 1,500.00 111585 Verizon Antenna Drawing Review 801-000 Total 1,541.00 Grand Total 720,217.13 Page 5 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting January 13, 2020 Transfer In/(Out) 12/20/2019 HSA Bank ER Contribution (291.66) 12/24/2019 Wire from 4M Fund (General Acct) 250,000.00 12/27/2019 Payroll #26 (154,637.52) 12/27/2019 Payroll #26 Federal Deposit (44,263.01) 12/27/2019 Payroll #26 PERA (48,702.81) 12/27/2019 Payroll #26 State (10,681.60) 12/27/2019 Payroll #26 Child Support (570.70) 12/27/2019 Payroll #26 H.S.A. Bank Pretax (2,924.51) 12/27/2019 Payroll #26 TASC Pretax (1,254.38) 12/27/2019 Payroll #26 ICMA 457 Def. Comp #301596 (4,315.00) 12/27/2019 Payroll #26 ICMA Roth IRA #706155 (635.75) 12/27/2019 Payroll #26 MSRS HCSP #98946-01 (1,244.04) 12/27/2019 Payroll #26 MSRS Def. Comp #98945-01 (3,245.00) 12/27/2019 Payroll #26 MSRS Roth IRS #98945-01 (640.00) 1/2/2020 Council Payroll (2,712.08) 1/2/2020 Council Federal Deposit (178.56) 1/2/2020 Council PERA (305.94) 1/2/2020 Council State (70.00) 1/2/2020 HSA Bank ER Contribution (6,583.18) 1/10/2020 Payroll #01 (130,635.43) 1/10/2020 Payroll #01 Federal Deposit (39,143.20) 1/10/2020 Payroll #01 PERA (43,793.06) 1/10/2020 Payroll #01 State (8,675.36) 1/10/2020 Payroll #01 Child Support (570.70) 1/10/2020 Payroll #01 H.S.A. Bank Pretax (3,425.24) 1/10/2020 Payroll #01 TASC Pretax (1,001.86) 1/10/2020 Payroll #01 ICMA 457 Def. Comp #301596 (4,665.00) 1/10/2020 Payroll #01 ICMA Roth IRA #706155 (635.75) 1/10/2020 Payroll #01 MSRS HCSP #98946-01 (1,686.65) 1/10/2020 Payroll #01 MSRS Def. Comp #98945-01 (3,265.00) 1/10/2020 Payroll #01 MSRS Roth IRS #98945-01 (640.00) CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : December 23, 2019 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:25 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; City Engineer Diane Hankee; Human Resources Manager Karissa 12 Bartholomew; City Clerk Julie Bartell 13 14 Review Regular Agenda of December 23, 2019 – 15 16 Items 3A through 3D – Labor Settlements– Human Resources Manager Bartholomew 17 explained that City staff has reached tentative agreements with the following labor 18 organizations: AFSCME, LELS Local #260, and Operating Engineers Local No. 49. A 19 compensation plan for non-union employees equal to that proposed for union employees 20 is also being presented. Ms. Bartholomew reviewed the terms of the proposed 21 agreements. 22 23 Item 4A, Sale of City Property – Director Swenson explained that these are last of this 24 type of fire pager that the City has (there was a previous sale). The sale cost is lower 25 because there are no chargers included. 26 27 Item 4B, Accept Donation – Director Swenson said the department received a check in 28 the amount of $250 earmarked to support the canine fund. 29 30 Item 6A, Connection to Water and Sewer Systems and Wells Ordinance 31 Amendment – Administrator Karlson noted that staff is requesting second reading and 32 adoption of this ordinance. The changes relate to the property owner on Sunrise Drive 33 who approached the City wishing to add a well after the current failed. The amendments 34 provide for changes to well construction requirements, including new requirements 35 added. 36 37 Item 6B, Well Construction – Administrator Karlson said this resolution would allow 38 for the above mentioned well to be constructed. 39 40 Item 6C, Irrigation Controller Upgrades Project – City Engineer Hankee reviewed the 41 control project. She noted the low quote received for the work and that grant funds will 42 be utilized. Council Member Stoesz remarked that the payoff doesn’t seem to match the 43 cost. City Engineer Hankee explained that the water savings alone is not the goal but 44 also to assist in reducing water consumption during very high use times and thereby 45 CITY COUNCIL WORK SESSION DRAFT 2 saving the need to continue developing infrastructure to meet those high needs. Council 46 Member Manthey added that there could be a poor public perception also if the City is 47 watering its property during the rain. 48 49 The meeting was adjourned at 6:25p.m. 50 51 These minutes were considered, corrected and approved at the regular Council meeting held on 52 January 13, 2019. 53 54 55 56 57 Julianne Bartell, City Clerk Jeff Reinert, Mayor 58 59 COUNCIL MINUTES DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : December 23, 2019 4 TIME STARTED : 6:30 p.m. 5 TIME ENDED : 7:15 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Stoesz, Manthey and Mayor Reinert 8 MEMBERS ABSENT : 9 10 Staff members present: City Administrator Jeff Karlson; City Engineer Diane Hankee; Director of 11 Public Safety John Swenson; Human Resources Manager Karissa Bartholomew; and City Clerk 12 Julie Bartell 13 14 SPECIAL PRESENTATION 15 16 A Recognition Certificate was presented to Bruce Hanson, Lino Lakes Sea Plane Base. 17 18 PUBLIC COMMENT 19 20 There were no comments. 21 22 SETTING THE AGENDA 23 24 The agenda was approved as presented. 25 26 CONSENT AGENDA 27 28 Council Member Maher moved to approve the Consent Agenda, Items 1A through 1E, as presented. 29 Council Member Stoesz seconded the motion. Motion carried on a voice vote. 30 31 ITEM ACTION 32 33 Consideration of Expenditures: 34 A) December 23, 2019 (Check No. 111412 through 111520) 35 in the amount of $749,206.61; Approved 36 B) Consider Approval of December 2, 2019 37 Work Session Minutes Approved 38 C) Consider Approval of December 9, 2019 39 Council Meeting Minutes Approved 40 D) Consider Approval of December 9, 2019 41 Closed Council Minutes Approved 42 E) Consider Resolution No. 182, Approving Extension 43 of the PUD Final Plan/Final Plat Submittal for 44 Nature’s Refuge Approved 45 COUNCIL MINUTES DRAFT 2 46 FINANCE DEPARTMENT REPORT 47 There was no report from the Finance Safety Department. 48 ADMINISTRATION DEPARTMENT REPORT 49 3A) Consider Resolution No. 19-178, Approving the 2020 Labor Agreement with AFSCME, 50 Local No. 2454 – Human Resources Manager Bartholomew explained that staff is requesting 51 approval of the labor agreement. She reviewed the terms of the proposed agreement. 52 Council Member Manthey moved to approve Resolution No. 19-178 as presented. Council Member 53 Stoesz seconded the motion. Motion carried on a voice vote. 54 3B) Consider Resolution No. 19-179, Approving the 2020 Labor Agreement with LELS Local 55 No. 260– Human Resources Manager Bartholomew explained that staff is requesting approval of 56 the labor agreement. She reviewed the terms of the proposed agreement. 57 Council Member Maher moved to approve Resolution No. 19-179 as presented. Council Member 58 Manthey seconded the motion. Motion carried on a voice vote. 59 3C) Consider Resolution No. 19-180, Approving the 2020 Labor Agreement with I.U.O.E, 60 Local No. 49– Human Resources Manager Bartholomew explained that staff is requesting approval 61 of the labor agreement. She reviewed the terms of the proposed agreement. 62 Council Member Maher moved to approve Resolution No. 19-180 as presented. Council Member 63 Stoesz seconded the motion. Motion carried on a voice vote. 64 3D) Consider Resolution No. 19-177, Establishing the 2020 Compensation Plan for Non-65 Union Employees – Human Resources Manager Bartholomew explained that there is a group of 66 City employees who are not represented by a union. The resolution proposes an updated 67 compensation plan for these employees based on wage increases granted by agreement to other 68 represented employees. 69 Council Member Stoesz asked if is normal to approve this compensation plan prior to having all 70 union settlements in place. Ms. Bartholomew explained that it’s been done both ways – with all 71 contracts in place and prior to that. She noted that staff is comfortable that the remaining 72 contract(s) will not make this plan inappropriate. Mayor Reinert remarked that the City has a 73 practice of negotiating all labor contracts at once and treating everyone the same; for this year, there 74 is one group holding off but he feels they will see from these actions that everyone else has been 75 treated the same. 76 Council Member Stoesz moved to approve Resolution No. 19-177 as presented. Council Member 77 Maher seconded the motion. Motion carried on a voice vote. 78 PUBLIC SAFETY DEPARTMENT REPORT 79 4A) Consider Sale of Fire Pagers – Public Safety Director Swenson recalled that the department 80 has necessarily upgraded its pager system. Some of the old pagers were sold and this action 81 proposes sale of the remainder (eight). The cost is somewhat lower than the previous sales due to 82 the lack of chargers included. 83 COUNCIL MINUTES DRAFT 3 Council Member Manthey moved to approve the sale of equipment as recommended. Council 84 Member Stoesz seconded the motion. Motion carried on a voice vote. 85 B) Consider Acceptance of Monetary Donation to Lino Lakes Public Safety Canine Unit, 86 Public Safety Director Swenson explained that an individual has sent a check for $250 to the City 87 asking that the funds be earmarked for the Canine Unit. Staff is amenable to that request and is 88 recommending approval. 89 Council Member Manthey offered thanks for the donation. The funds will be well used. 90 Council Member Maher moved to accept the donation as recommended. Council Member Manthey 91 seconded the motion. Motion carried on a voice vote. 92 PUBLIC SERVICES DEPARTMENT REPORT 93 There was no report from the Public Services Department. 94 95 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 96 6A) Consider Second Reading of Ordinance No. 11-19, Amending City Code Chapters 401 97 and 402 Related to Connection to Municipal Water and Sewer Systems and Private Wells – 98 City Engineer Hankee reviewed the written report. 99 Mayor Reinert explained that a resident came to him wanting to replace his failed well, something 100 that was not allowed under the city code. Since changes can’t be in place for just one resident, this 101 ordinance sets in place the changes across the board, including requirements for proceeding. 102 Council Member Manthey moved to waive full reading of the Ordinance as presented. Council 103 Member Stoesz seconded the motion. Motion carried on a voice vote. 104 Council Member Manthey moved to approve the 2nd Reading and Adoption of Ordinance No. 19-156 105 as presented. Council Member Stoesz seconded the motion. Motion carried: Yeas, 5; Nays none. 106 6B) Consider Resolution No. 19-181, Allowing Well Construction, 7109 Sunrise Drive, - City 107 Engineer Hankee explained that the resolution allows for construction of a well under conditions laid out 108 in the resoluton. Ms. Hankee reviewed those conditions. 109 Council Member Stoesz asked if other residents could use this in the future, including signing up now and 110 not hooking up until a future date? Ms. Hankee said she believes so. 111 Council Member Stoesz moved to approve Resolution No. 19-181 as presented. Council Member 112 Maher seconded the motion. Motion carried on a voice vote. 113 6C) Consider Resolution 19-183, Accepting Quotes, and Awarding a Construction Contract, 114 Irrigation Controller Upgrades Project – City Engineer Hankee explained that the contract provides for 115 upgrade to a certain number of the City’s irrigation systems to include irrigation controller systems. The 116 cost is partially covered by a grant. 117 Council Member Stoesz moved to postpone the matter for future discussion. Council Member Rafferty 118 seconded the motion. Motion carried on a voice vote. 119 UNFINISHED BUSINESS 120 COUNCIL MINUTES DRAFT 4 121 There was no Unfinished Business. 122 123 NEW BUSINESS 124 125 Mayor Reinert read a statement on what Christmas means to him. 126 127 Mayor Reinert presented Mayor Elect Rafferty with his gavel. 128 129 COMMUNITY EVENTS 130 131 ABSENTEE VOTING - Absentee voting begins at City Hall Friday, December 27 and runs through 132 Monday February 10. 133 134 COMMUNITY CALENDAR 135 136 Community Calendar – A Look Ahead 137 December 23, 2019 through January 6, 2020 138 Monday, January 6 6:30 pm, Community Room Council Work Session 139 Monday, January 13 6:30 pm, Council Chambers City Council Meeting 140 141 ADJOURN 142 143 There being no further business, Council Member Manthey moved to adjourn at 7:15 p.m. Council 144 Member Maher seconded the motion. Motion carried on a voice vote. 145 146 These minutes were considered and approved at the regular Council Meeting on January 13, 2020. 147 148 149 150 151 Julianne Bartell, City Clerk Jeff Reinert, Mayor 152 153 CLOSED COUNCIL SESSION DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : December 23, 2019 6 TIME STARTED : 7:16 p.m. 7 TIME ENDED : 7:43 p.m. 8 MEMBERS PRESENT : Council Members Rafferty, Manthey, 9 Maher, Stoesz and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff present: City Administrator Jeff Karlson 13 14 Mayor Reinert called the meeting to order at 7:16 p.m. in the Council Work Room at Lino 15 Lakes City Hall. Before the meeting was closed, Mayor Reinert read a statement on the 16 purpose of the meeting. The meeting was closed as a session of the city council pursuant 17 to the Open Meeting Law for the purpose of discussing the matter of Diehl v. Lino Lakes, 18 and was closed under attorney client privilege. 19 20 The meeting was not recorded. 21 22 The meeting was adjourned at 7:43 p.m. 23 24 These minutes were considered, corrected and approved at the regular Council meeting held on 25 January 13, 2020. 26 27 28 29 30 Julianne Bartell, City Clerk Jeff Reinert, Mayor 31 32 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: Julie Bartell, City Clerk January 13, 2020 Resolution No. 20-02, Election Judge Approval 3/5 INTRODUCTION The City of Lino Lakes will conduct a special election to elect one council member (vacant seat) and an Anoka County Commissioner on February 11, 2020. BACKGROUND The governing body of a municipality has the authority to appoint qualified applicants to serve as election judges. Attached is a list of qualified individuals who, if appointed, will serve as Lino Lakes’ Election Judges for the 2020 Special Election. RECOMMENDATION Staff recommends approval of Resolution No. 20-02, Appointing Election Judges for the February 11, 2020 Election. ATTACHMENTS Election Judge Roster Resolution 20-02 CITY OF LINO LAKES RESOLUTION NO. 20-02 APPOINTING ELECTION JUDGES FOR THE FEBRUARY 11, 2020 ELECTION WHEREAS, a special election will be held on February 11, 2020; and WHEREAS, pursuant to Minnesota Statutes, Section 204B.20, election judges shall be appointed to serve in an election precinct and the appointing authority shall designate a judge to serve as the head election judge; and WHEREAS, training sessions for election judges in Lino Lakes are provided through an on- line program; and WHEREAS, Minnesota Statutes, Section 204B.21, Subd. 2, requires appointments be made before the election at which the election judges will serve; NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that the attached list of certified eligible voters are hereby appointed to serve as election judges and head judges for the 2020 Election if called to do so. Adopted by the Council of the City of Lino Lakes this 13th day of January, 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member _and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk General Election, Tuesday, February 11, 2020 Lino Lakes P-1 Public Works Building, 1189 Main ST, Lino Lakes, MN 55014 Mary Fogarty, Head Judge Pamela Jacobson, Head Judge Kristine Kroll, Head Judge Jo Anne Bucholz, Election Judge Margo Fischbach, Election Judge Kathi Gallup, Election Judge Sylvia Marier, Election Judge Mashell Olson, Election Judge Clemence Robinson, Election Judge Calvin Winbush, Election Judge Lino Lakes P-2 Lino Lakes Fire Station #1, 7741 Lake Dr, Lino Lakes, MN 55014 Colleen Borys, Head Judge Lisa MacNeil, Head Judge Ruth Lee, Election Judge Cindy Lindemyer, Election Judge Patrick McCool, Election Judge John Nordlund, Election Judge Lino Lakes P-3 St. Joseph's Catholic Church, 171 Elm ST, Lino Lakes, MN 55014 Eileen Couture, Head Judge Juliane Kvalbein, Head Judge Martin Asleson, Election Judge Linda Chapeau, Election Judge Bernard Fischbach, Election Judge Sharon Kranz, Election Judge Leanne Petyo, Election Judge Lino Lakes P-4 Civic Complex, 600 Town Center PKWY, Lino Lakes, MN 55014 Diane Bergeson, Head Judge Kathryn McCool, Head Judge Alison Baker, Election Judge Patricia Doocy, Election Judge Mary Elizabeth Glenn, Election Judge Kristin Pechman, Election Judge Suzanne Stennes-Rogness, Election Judge John Sullivan, Election Judge Barbara Winbush, Election Judge Lino Lakes P-5 Rice Creek Covenant Church, 125 Ash ST, Lino Lakes, MN 55126 Kay (Kathleen) Jakubowski, Head Judge Catherine Wetmore, Head Judge Paula Andrzejewski, Election Judge Sue Hughes, Election Judge Thomas Jacobson, Election Judge Leonard Olson, Election Judge Lino Lakes P-6 Living Waters Lutheran Church, 865 Birch St, Lino Lakes, MN 55014 Judge Board Report, 2019 Local Fall Election Page 1 of 2Printed: 1/9/2020 10:46 AM Sara Hesseltine, Head Judge Betty Utecht, Head Judge Richard Caldecott, Election Judge Thomas Fraser, Election Judge Kimberli Johnson, Election Judge Sherri Leu, Election Judge Jean Miers, Election Judge Lino Lakes P-7 Rice Lake Elementary School, 575 Birch ST, Lino Lakes, MN 55014 Jeffrey Lucey, Head Judge Kathy Wall, Head Judge Angela Carlson, Election Judge Steven Davis, Election Judge Steve Landberg, Election Judge Denise Palmer, Election Judge Marg Penn, Election Judge Judge Board Report, 2019 Local Fall Election Page 2 of 2Printed: 1/9/2020 10:46 AM CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: January 13, 2020 TOPIC: Annual Appointments VOTE REQUIRED: 3/5 INTRODUCTION Below is the list of annual appointments the City Council considers each year. RECOMMENDATION Approve 2020 appointments as listed below. 2019 2020 1. Acting Mayor Rob Rafferty Dale Stoesz 2. Legal Newspaper Quad Community Press Quad Community Press 3. Legal Services Barna, Guzy & Steffen Kennedy & Graven Rupp, Anderson, Squires, & Waldspurger Geck, Duea & Olson Barna, Guzy & Steffen Kennedy & Graven Rupp, Anderson, Squires, & Waldspurger Geck, Duea & Olson 4. Labor Services Barna, Guzy & Steffen Riley, Dettman & Kelsy Springsted, Inc. Barna, Guzy & Steffen Riley, Dettman & Kelsy Baker Tilly 5. Fiscal Agent Springsted, Inc. Baker Tilly 6. Assessor Anoka County Anoka County 7. North Metro Telecommunications Committee Dale Stoesz Melissa Maher (Alternate) Dale Stoesz 8. Vadnais Lake Watershed District Rob Rafferty Rob Rafferty 9. County Corrections Program Michael Manthey John Swenson Chris Lyden John Swenson 10. Joint Law Enforcement Council Michael Manthey John Swenson New Councilmember John Swenson 11. Anoka Co. Fire Protection Council Jeff Reinert Michael Manthey (Alternate) Mike Ruhland 12. City Depositories First Resource Bank LMC 4M Fund Wells Fargo Securities Wells Fargo Advisors US Bank RBC Capital Markets Morgan Stanley F&M Bank Others as needed First Resource Bank LMC 4M Fund Wells Fargo Securities Wells Fargo Advisors US Bank RBC Capital Markets Moreton Capital Markets F&M Bank Others as needed 13. City Treasurer1 Sarah Cotton Sarah Cotton 14. City Engineer WSB & Associates WSB & Associates 15. Data Practices Officer Julie Bartell Julie Bartell 16. City Auditor Redpath & Company Redpath & Company 17. Twin Cities Gateway Jeff Karlson Jeff Karlson Dale Stoesz (Alternate) 18. Anoka Co./Blaine Airport Advisory Council Dean Quimby Dean Quimby 19. Hearing Officer John Swenson Rick DeGardner (Alternate) John Swenson Rick DeGardner (Alternate) 20. Local Board of Appeal & Equalization Training Melissa Maher Mike Ruhland Rob Rafferty 21. Secretarial Services TimeSaver, Inc. TimeSaver, Inc. 1The City Council delegates the authority to make electronic funds transfers to the City Treasurer. The City Treasurer may delegate certain duties to finance staff, but shall remain responsible for the transfer program. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: January 13, 2020 TOPIC: Update to Employee Drug and Alcohol Policies VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to consider Resolution No. 20.04, which updates the drug and alcohol testing policies for employees. BACKGROUND The City has two separate drug and alcohol policies. One for employees that operate commercial vehicles subject to the Department of Transportation’s (DOT) standards, and one for all other employees. There has been a change to employer reporting requirements for employees subject to DOT standards that cities are required to implement along with some procedural changes regarding employee testing. Staff has reviewed and updated both policies to be reflective of any changes within law and best practices. RECOMMENDATION Staff recommends approval of Resolution No. 20.04 ATTACHMENTS • Resolution No. 20.04 • Drug & Alcohol Policy for DOT Employees • Drug & Alcohol Policy for Non-DOT Employees CITY OF LINO LAKES RESOLUTION NO. 20.04 APPROVING UPDATES TO EMPLOYEE DRUG AND ALCOHOL POLICIES WHEREAS, periodically staff reviews the City’s policies to make sure they are up-to-date; and, WHEREAS, the City has two separate drug and alcohol testing policies, one for employees who drive commercial vehicles subject to the Department of Transportation’s standards, and one for all other employees; and, WHEREAS, there have been recent changes for employees subject to Department of Transportation standards for drug and alcohol testing; and, WHEREAS, staff has reviewed both drug and alcohol testing policies for employees and made updates to reflect any law changes and recommended best practices. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA, that the updated employee drug and alcohol policies are approved. Adopted by the Council of the City of Lino Lakes this 13th day of January, 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk DOT Drug and Alcohol Testing Policy 1/13/2020 Page 1 DOT Drug and Alcohol Testing for Commercial Drivers Policy Purpose and Objectives The City of Lino Lakes (“City”) has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The City is concerned about providing a safe workplace for its employees, and while the City does not intend to intrude into the private lives of its employees, it is the goal to provide a work environment conducive to maximum safety and optimum work standards. Alcohol and drug abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of city property. The use, possession, manufacture, sale, transportation, or other distribution of controlled substance or controlled substance paraphernalia and the unauthorized use, possession transportation, sale, or other distribution of alcohol is contrary to this policy and jeopardizes public safety. In response to regulations issued by United States Department of Transportation (“DOT”), the City has adopted this Policy on Alcohol and Controlled Substances for employees who hold a commercial driver’s license (CDL) to perform their duties. The City also has a separate Policy on Controlled Substance and Alcohol Testing for employees not covered by DOT regulations. Given the significant dangers of alcohol and controlled substance use, each applicant and driver must abide by this policy as a term and condition of hiring and continued employment. Moreover, federal law requires the City to implement such a policy. To ensure this policy is clearly communicated to all drivers and applicants, and in order to comply with applicable federal law, drivers and applicants are required to review this policy and sign the “Certificate of Receipt” portion. Because changes in applicable law and the City’s practices and procedures may occur from time to time, this policy may change in the future, and nothing in this policy is intended to be a contract, promise, or guarantee the City will follow any particular course of action, disciplinary, rehabilitative or otherwise, except as required by law. This policy does not in any way affect or change the status of any at-will employee. Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent over this policy to the extent the policy has not incorporated those revisions. Persons Subject to Testing & Types of Tests All employees are subject to testing who job duties include performing “safety-sensitive duties” on City vehicles that: 1. Have a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater; or DOT Drug and Alcohol Testing Policy 1/13/2020 Page 2 2. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds whichever is greater; or 3. Are designed to transport 16 or more passengers, including the driver; or 4. Are of any size and are used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F). Firefighters are not covered under this DOT policy. The Federal Highway Administration (FHWA) has granted states the option of waiving CDL requirements for firefighters. Since the state of Minnesota is one that gives firefighters the option of obtaining either a CDL or a non- commercial license, the state has exercised the option not to require CDLs. Therefore, 49 CFR Part 382 is not applicable to City firefighters. The following functions are considered safety-sensitive: • all time waiting to be dispatched to drive a commercial motor vehicle • all time inspecting, servicing, or conditioning a commercial motor vehicle • all time driving at the controls of the commercial motor vehicle • all other time in or upon a commercial motor vehicle • all time loading or unloading a commercial motor vehicle, attending the same, giving or receiving receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle • all time repairing, obtaining assistance, or attending to a disable commercial motor vehicle. The City may test any applicant to whom a conditional offer of employment has been made and any driver for controlled substance and alcohol under any of the following circumstances: Pre-Employment Testing All applicants, including current employees seeking a transfer, applying for a position where duties include performing safety-sensitive duties described above, will be required to take a drug test prior to the first time a driver performs a safety-sensitive function for the City. A driver may not perform safety-sensitive functions unless the driver has received a controlled substance test result from the Medical Review Officer (“MRO”) indicating a verified negative test result. In addition to pre-employment controlled substance testing, applicants will be required to authorize in writing former employers to release alcohol test results of .04 or greater, positive controlled substance test results, refusals to test, other violations of drug and alcohol testing regulations, and completion of return to duty requirements within the preceding three years. The City will contact the candidate’s DOT regulated previous and current employers within the last three years for drug and alcohol test results as referenced above, and review the testing history if feasible before the employee first performs safety-sensitive functions for the city. The City will also conduct a limited query of the Federal Motor Carrier Safety Administration’s Clearinghouse for all candidates. In addition, at least once a year, the City will conduct a limited query of the Clearinghouse for each currently employed CDL driver. If the limited query reveals that the Clearinghouse has information about resolved or unresolved drug and alcohol program violations by a candidate or current employee, he or she will be asked to provide electronic DOT Drug and Alcohol Testing Policy 1/13/2020 Page 3 consent to a full query of the Clearinghouse (unless he or she has previously provided electronic consent). In the event a full query of the Clearinghouse reveals unresolved violation information for a candidate or current employee, the driver will not be permitted to perform safety-sensitive functions, including the operation of a Commercial Motor Vehicle and, in the case of a candidate, may have their conditional offer of employment rescinded or, in the case of a current employee, may be subject to discipline. Post-Accident Testing As soon as practicable following an accident involving a commercial motor vehicle operating on a public road, the City will test each surviving driver for controlled substances and alcohol when the following occurs: • The accident involves a fatality or • The driver receives a citation for a moving traffic violation from the accident and an injury is treated away from the accident scene or • The driver receives a citation for a moving traffics violation from the accident and a vehicle is required to be towed from the accident scene. The following chart summarizes when DOT post-accident testing needs to be conducted: Type of accident involved Citation issued to the DOT covered CDL driver? Test must be performed by the City i. Human fatality YES YES NO YES ii. Bodily injury with immediate medical treatment away from the scene YES YES NO NO iii. Disabling damage to any YES YES motor vehicle requiring tow NO NO away A driver subject to post-accident testing must remain readily available or the driver will be deemed to have refused to submit to testing. This requirement to remain ready for testing does not preclude a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary medical care. Post – Accident Controlled Substance Testing Drivers are required to submit a urine sample for post-accident controlled substance testing as soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the City will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not promptly administered. Post- Accident Alcohol Testing Drivers are required to submit to post-accident alcohol testing as soon as possible. After an accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested DOT Drug and Alcohol Testing Policy 1/13/2020 Page 4 within two (2) hours after the accident, the City will prepare and maintain on file a record stating why the test was not administered within that time. If eight hours have elapsed since the accident and the driver has not submitted to an alcohol test, the City will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not administered. The City may accept the results of a blood or breath test in place of an alcohol test and urine test for the use of controlled substances if: • The tests are conducted by federal, state, or local officials having independent authority for the test, and • The tests conform to applicable federal, state, or local testing requirements, and • The test results can be obtained by the City. Whenever such a test is conducted by a law enforcement officer, the driver must contact the City and immediately report the existence of the test, providing the name, badge number, and telephone number of the law enforcement officer who conducted the test. Random Testing Every driver will be subject to unannounced alcohol and controlled substance testing on a random selection basis. Drivers will be selected for testing by use of a scientifically valid method under which each driver has an equal chance of being selected each time selections are made. These random tests will be conducted throughout the calendar year. Each driver who is notified of selection for random testing must cease performing safety-sensitive functions and report to the designated test site immediately. It is mathematically possible drivers may be selected be picked and tested more than once, and others not at all. If a driver is selected for a random test while he or she is absent, on leave or away from work, that driver may be required to undergo the test when he or she returns to work. Federal law requires the City to test at a rate of at least fifty percent (50%) of its average number of drivers for controlled substance each year, and to test at a rate of at least ten percent (10%) of its average number of drivers for alcohol each year. These minimum testing rates are subject to change by the DOT. Reasonable Suspicion Testing When a supervisor has reasonable suspicion to believe a driver has engaged in conduct prohibited by federal law or this policy, the City will require the driver to submit to an alcohol and/or controlled substance test. The City’s determination that reasonable suspicion exists to require the driver to undergo an alcohol test will be based on “specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.” In the case of controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance. The required observations for reasonable suspicion testing will be made by a supervisor or other person designated by the City who has received appropriate training in identification of actions, DOT Drug and Alcohol Testing Policy 1/13/2020 Page 5 appearance and conduct of a driver which are indicative of the use of alcohol or controlled substance. These observations leading to an alcohol or controlled substance test, will be reflected in writing and signed by the supervisor who made the observations. The record will be retained by the City. The person who makes the determination that reasonable suspicion exists to conduct testing, will not be the person conducting the testing, which shall instead be conducted by another qualified person. Alcohol testing is authorized only if the observations are made during, just before, or just after the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not administered within two (2) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not administered, and will cease attempts to conduct the alcohol test. Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol use, nor will the City permit the driver to perform or continue to perform safety-sensitive functions until (1) an alcohol test is administered and the driver’s alcohol concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the determination of reasonable suspicion. Return-to-Duty Testing The City reserves the right to impose discipline against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policy and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers for a first positive test result. Should the City consider reinstatement of a DOT covered driver, the driver must undergo a Substance Abuse Professional (“SAP”) evaluation and participate in any prescribed education/treatment, and successfully complete return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety- sensitive function. The SAP determines if the driver has completed the education/treatment as prescribed. The employee is responsible for paying for all costs associated with the return-to-duty test. The controlled substance test will be conducted under direct observation. Follow-Up Testing The City reserves the right to impose discipline against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers. DOT Drug and Alcohol Testing Policy 1/13/2020 Page 6 Should the City reinstate a driver following a determination by a Substance Abuse Professional (SAP) that the driver is in need of assistance in resolving problems associated with alcohol use and/or use of controlled substance, the City will ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency of such follow- up testing will be directed by the SAP and will consist of at least six (6) tests in the first twelve (12) months following the driver’s return to duty. Follow-up testing will not exceed sixty (60) months from the date of the driver’s return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines such test is no longer necessary. The employee is responsible for paying for all costs associated with follow-up tests. Follow-up alcohol testing will be conducted only when the driver is performing safety-sensitive functions, or immediately prior to or after performing safety-sensitive functions. Cost of Required Testing The City will pay for the cost of pre-employment, post-accident, random, and reasonable suspicion controlled substance and alcohol testing requested or required of all job applicants and employees. The driver must pay for the cost of all requested confirmatory re-tests, return-to-duty, and follow-up testing. Required Prior Controlled Substance and Alcohol Checks for Applicants The City will conduct prior drug and alcohol checks of applicants for employment to drive a commercial motor vehicle. Applicants must execute a consent form authorizing the City to obtain the required information. The City will obtain (pursuant to the applicant’s written consent) information on the applicant’s alcohol test with a concentration result of 0.04 or greater, positive controlled substance test results, and refusals to be tested within the preceding three (3) years which are maintained by the applicant’s previous employers. The City will obtain all information concerning the applicant which is maintained by the applicant’s previous employers within the preceding three (3) years pursuant to DOT and FMCSA controlled substance and alcohol testing regulations. The City will review such records, if feasible, prior to the first time a driver performs safety-sensitive functions. Prohibited Conduct The following conduct is explicitly prohibited by applicable DOT and FMCSA regulations and therefore constitutes violation of City policy. Under the Influence of Alcohol When Reporting for Duty or While on Duty No driver may report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.02, but less than 0.04, will be removed from duty for 24 hours, escorted home and placed on vacation/PTO leave for hours missed from work. On-Duty Use of Alcohol No driver may use alcohol while performing safety-sensitive functions. DOT Drug and Alcohol Testing Policy 1/13/2020 Page 7 Pre-Duty Use of Alcohol No driver may perform safety-sensitive functions within four (4) hours after using alcohol. If an employee has had alcohol within four hours they are to notify their supervisors before performing any safety-sensitive functions. Alcohol Use Following an Accident No driver required to take a post-accident alcohol test may use alcohol for eight (8) hours following the accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first. Refusal to Submit to a Required Alcohol or Controlled Substance Test No applicant or driver may refuse to submit to pre-employment, post-accident, random, reasonable suspicion or follow-up alcohol or controlled substance testing. In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause disqualification from performing safety-sensitive functions, and may appear on the driver’s permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to an including termination. In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting requirements, the City will report a driver’s refusal to submit to a DOT test for drug or alcohol use to the Clearinghouse within three business days. If an applicant refuses to submit to pre-employment controlled substance testing, any applicable conditional offer will be withdrawn. For purposes of this section, a driver is considered to have refused to submit to an alcohol or controlled substance test when the driver: • Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing. • Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing. • Fails to report for testing within a reasonable period of time, as determined by the City. • Fails to remain at a testing site until testing is complete. • In the case of directly observed or monitored collection, fails to permit observation or monitoring. • Fails or declines to take a second test as required by the City and/or collector. • Fails to undergo a medical examination as directed by the City pursuant to federal law. • Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise cooperate in any way that prevents the completion of the testing process. • Engages in conduct that clearly obstructs the test process. Altering or Attempting to Alter a Urine Sample or Breath Test DOT Drug and Alcohol Testing Policy 1/13/2020 Page 8 A driver altering or attempting to alter a urine sample or controlled substance test, or substituting or attempting to substitute a urine sample, will be subject to providing a specimen under direct observation. Both specimens will be subject to laboratory testing. In such case, the employee may be subject to immediate termination of employment and any job offer made to an applicant will be immediately withdrawn. Controlled Substance Use No driver may report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the driver in writing the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle. Drivers must forward this information regarding therapeutic controlled substance use to the City immediately after receiving any such advice. Having a medical marijuana card and/or a cannabis prescription from a physician does not allow anyone to use or possess that drug in the city’s workplace. The federal government still classifies cannabis as an illegal drug. There is no acceptable concentration of marijuana metabolites in the urine or blood of an employee who performs safety-sensitive duties for the City. Employees are still subject to being tested under our policies, as well as for being disciplined, suspended or terminated after testing positive for cannabis while at work. Controlled Substance Testing No driver may report for duty, remain on-duty or perform a safety-sensitive function if the driver tests positive for controlled substance. In addition to the conduct prohibited by applicable DOT and FMCSA regulations, the City also maintains other applicable policies regarding drug and alcohol that are applicable to all employees. For specifics regarding those requirements, refer to the City’s policy for non-DOT related drug and alcohol policy. Collection and Testing Procedures Drivers are required to report immediately upon notification to the collection site. For random tests conducted off site, employees may use a City vehicle to drive to the collection site. Drivers will be expected to provide a photo ID card for identification to the collection staff. All drivers will be expected to cooperate with collection site personnel request to remove any unnecessary outer garments such as coats, sweaters or jackets and will be required to empty their pockets. Collection personnel will complete a Federal Custody and Control Form (“CCF”) which drivers providing a sample will sign as well. Alcohol Testing Employees will be tested for alcohol just before, during, or immediately following performance of a safety-sensitive function. If a driver is also taking a DOT controlled substance test, generally speaking, the alcohol test is completed before the urine collection process begins. Screening tests for alcohol concentration will be performed utilizing a non-evidential screening device included by the National Highway Traffic Safety Administration on its conforming products list (e.g., a saliva screening device) or an evidential breath testing device (“EBT”) operated by a trained DOT Drug and Alcohol Testing Policy 1/13/2020 Page 9 breath alcohol technician (“BAT”) at a collection site. An alcohol test usually takes approximately 15 minutes if the result is negative. If a driver’s first attempt is positive (with an alcohol concentration of .02 or greater), the driver will be asked to wait at least 15 minutes and then be tested again. The driver may not eat, drink or place anything in his/her mouth (e.g., cigarette, chewing gum) during this time. All confirmation tests will be conducted in a location that affords privacy to the driver being tested, unless unusual circumstances (e.g., when it is essential to conduct a test outdoors at the scene of an accident) make it impracticable to provide such privacy. Any results less than 0.02 alcohol concentration is considered a “negative” test result. If the driver attempts and fails to provide an adequate amount of breath, he/she will be referred to a physician to determine if the driver’s inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the City by the collection site staff. Controlled Substance Testing The City will use a “split urine specimen” collection procedure for controlled substance testing. Collection of urine specimens for controlled substance testing will be conducted by an approved collector and will be conducted in a setting and manner to ensure the driver’s privacy. Controlled substance testing generally takes about 15 minutes. At the collection site, the driver will be given a sealed container and must provide at least 45 ml of urine for testing. Once the sample is provided the collection personnel will check the temperature and color and look for signs of contamination. The urine is then split into two separate specimen containers (A, or “primary,” and B, or “split”) with identifying labels and security seals affixed to both. The collection facility will be responsible for maintaining a proper chain of custody for delivery of the sample to a DHHS-certified laboratory for analysis. The laboratory will retain a sufficient portion of any positive sample for testing and store that portion in a scientifically-acceptable manner for a minimum 365-day period. If an employee fails to provide a sufficient amount of urine to permit a controlled substance test (45 milliliters of urine), the collector will discard the insufficient specimen, unless there is evidence of tampering with that specimen. The collector will urge the driver to drink up to 40 ounces of fluid, distributed reasonably over a period of up to three hours, or until the driver has provided a sufficient urine specimen, whichever occurs first. If the driver has not provided a sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease efforts to attempt to obtain a specimen. The driver must then obtain, within five calendar days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee’s failure to provide a sufficient specimen. If the licensed physician concludes the driver has a medical condition, or with a high degree of probability could have, precluded the driver from providing a sufficient amount of urine, the City will consider the test to have been canceled. If a licensed physician cannot make such a determination, the City will consider the driver to have engaged in a refusal to test, and will take appropriate disciplinary action under this policy. The primary specimen is used for the first test. If the test is negative, it is reported to the MRO who then reports the result, following a review of the CCF Form for compliance, to the City. If DOT Drug and Alcohol Testing Policy 1/13/2020 Page 10 the initial result is positive or non-negative, a “confirmatory retest” will be conducted on the primary specimen. If the confirmatory re-test is also positive, the result will be sent to the MRO. The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the driver directly, the MRO must contact the City who will direct the driver to contact the MRO. Review of Test Results The MRO is a licensed physician with knowledge and clinical experience in substance abuse disorders, and is responsible for receiving and reviewing laboratory results of the controlled substances test as well as evaluating medical explanations for certain drug test results. Prior to making a final decision to verify a positive test result, the MRO will give the driver or the job applicant an opportunity to discuss the test result, typically through a phone call. The MRO, or a staff person under the MRO’s supervision, will contact the individual directly, on a confidential basis, to determine whether the individual wishes to discuss the test result. If the employee or job applicant wishes to discuss the test result: • The individual may be required to speak and/or meet with the MRO, who will review the individual’s medical history, including any medical records provided. • The individual will be afforded the opportunity to discuss the test results and to offer any additional or clarifying information which may explain the positive test result. If the employee or job applicant, believes a mistake was made at the collection site, at the labor, on a chain-of-custody form, or that the drug test results are caused by lawful substance use, the employee should tell the MRO. • If there is some new information which may affect the original finding, the MRO may request the laboratory to perform additional testing on the original specimen in order to further clarify the results; and • A final determination will be made by the MRO that the test is either positive or negative, and the individual will be so advised. If the MRO upholds the positive, adulterated or substituted drug determination, that test result will be provided to the City. There is no opportunity to explain a positive alcohol test provided in the DOT regulations. The driver can request the MRO to have the split specimen (the second “B” container) tested at the driver’s expense. This includes all costs that may be associated with the re-test. There is no split specimen testing for an invalid result. The driver has 72 hours after they have been notified of the positive result to make this request. If the employee requests an analysis of the split specimen, the MRO will direct the laboratory to send the split specimen to another certified laboratory for analysis. If an employee has not contacted the MRO within 72 hours, the employee may present information documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO, or other circumstances unavoidably prevented the employee from making timely contact. If the MRO concludes there is legitimate explanation for the employee’s failure to contact within 72 hours, the MRO will direct the analysis of the split specimen. DOT Drug and Alcohol Testing Policy 1/13/2020 Page 11 If the results of the split specimen are negative, the City may pay for all costs associated with the rest and there will be no adverse action taken against the employee or job applicant. Notification of Test Results Employees The City will notify a driver of the results of random, reasonable suspicion, and post-accident tests for controlled substance if the test results are verified positive, and will inform the driver which controlled substance or substances were verified as positive. Results of alcohol tests will be immediately available from the collection agent. Right to Confirmatory Retest Within seventy-two (72) hours after receiving notice of a positive controlled substance test result, an applicant or driver may request through the MRO a re-analysis (confirmatory retest) of the driver’s split specimen. Action required by federal regulation as a result of a positive controlled substance test (e.g., removal from safety-sensitive functions) will not be stayed during retesting of the split specimen. If the result of the confirmatory retest fails to reconfirm the presence of the controlled substance(s) or controlled substance metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO will cancel the test. Dilute Specimens Dilute Negatives Creatinine concentration of specimen is equal to or greater than 2 mg/dL, but less than or equal to 5 mg/dL. If the City receives information that a driver has provided a dilute negative specimen, the City will direct a recollection, pursuant to the MRO’s direction, under direct observation. Note: City can choose only to require retesting for dilute negatives where the Creatinine concentration of specimen is greater than 5 mg/dL for pre-employment testing, reasonable suspicion, post-accident, or random testing or for all of these tests. Consequences for Drivers Engaging in Prohibited Conduct Job Applicants Any applicable conditional offer of employment will be withdrawn from a job applicant or employee seeking a transfer who refuses to be tested or tests positive for controlled substance pursuant to this policy. Employees Drivers who are known to have engaged in prohibited behavior with regard to alcohol misuse or use of controlled substance, as defined earlier in this policy, are subject to the following consequences: • Removal from Safety-Sensitive Functions No driver may perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law. No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may perform or continue to perform safety-sensitive functions for the City, including driving a DOT Drug and Alcohol Testing Policy 1/13/2020 Page 12 commercial motor vehicle, until the start of the driver’s next regularly scheduled duty, but not less than twenty-four (24) hours following administration of the test. If a driver tests positive under this policy, or is found to have an alcohol concentration of .02 or greater but less than .04, the driver will be removed from safety sensitive duties and escorted home; the driver should not drive home, but be escorted to his or her home. The driver will then be placed on vacation/PTO, for hours missed from work. • Notification of Resources Available The City will advise each driver who has engaged in conduct prohibited by federal law or who has a positive alcohol or controlled substance test of the resources available to the driver, in evaluating and resolving problems associated with the misuse of alcohol and use of a controlled substance, including the names, addresses, and telephone numbers of Substance Abuse Professionals and counseling and treatment programs. The City will provide this SAP listing in writing at no cost to the driver. • Discipline The City reserves the right to impose whatever discipline the City deems appropriate in its sole discretion, up to and including termination for a first occurrence, against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers following a first positive confirmed controlled substance or alcohol test result. • Evaluation, and Return to Duty Testing Should the City wish to consider reinstatement of a driver who engaged in conduct prohibited by federal law and/or who had a positive alcohol or controlled substance test, the driver must undergo a SAP evaluation, participate in any prescribed education/treatment, and successfully complete return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety-sensitive function. The SAP will determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substance use and will ensure the driver properly follows any rehabilitation program and submits to unannounced follow-up alcohol and controlled substance testing. • Follow-Up Testing If the driver passes the return-to-duty test, he/she will be subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency for such follow-up testing will be as directed by the SAP and will consist of at least six tests in the first twelve months. These tests will be conducted under direct observation. • Refusal to test All drivers and applicants have the right to refuse to take a required alcohol and/or controlled substance test. If an employee refuses to undergo testing, the employee will be DOT Drug and Alcohol Testing Policy 1/13/2020 Page 13 considered to have tested positive and may be subject to disciplinary action, up to and including termination. Refer to Refusing to Test provided earlier in this policy. • Responsibility for Cost of Evaluation and Rehabilitation Drivers will be responsible for paying the cost of evaluation and rehabilitation (including services provided by a Substance Abuse Professional) recommended or required by the City or FMCSA or DOT rules, except to the extent that such expense is covered by an applicable employee benefit plan or imposed on the City pursuant to a collective bargaining agreement. • Reporting to the FMCSA’s CDL Drug and Alcohol Clearinghouse In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting requirements, the City will report the following information to the Clearinghouse within three business days:  A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or greater;  A negative DOT return-to-duty test result;  The driver’s refusal to submit to a DOT test for drug or alcohol use;  An “Actual knowledge” violation; and  A report that the driver successfully completed all DOT follow-up tests as ordered by an SAP. Loss of CDL License for Traffic Violations in Commercial and Personal Vehicles Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license holders can lose their CDL for certain traffic offenses in a commercial or personal vehicle. Employees are required to notify their supervisor immediately if the status of their CDL license changes in anyway. Maintenance and Disclosure of Records Except as required or authorized by law, the City will not release driver’s information that is contained in records required to be maintained by this policy or FMCSA and DOT regulations. Beginning in 2020, the city will be required to query and report to the agency’s Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse prior to hiring new drivers, will conduct annual checks of existing CDL-drivers, and will report certain violations of the DOT drug and alcohol testing program for holders of CDLs. In addition, a driver is entitled, upon written request, to obtain copies of any records pertaining to the driver’s use of alcohol or a controlled substance, including any records pertaining to his or her alcohol or controlled substance tests. Policy Contact for Additional Information If you have any questions about this policy or the City’s controlled substance and alcohol testing procedures, you may contact human resources to obtain additional information. DOT Drug and Alcohol Testing Policy 1/13/2020 Page 14 Definitions Accident: Means an occurrence involving a commercial motor vehicle operating on a public road which results in a fatality; bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. The term “accident” does not include an occurrence involving only boarding and alighting from a stationary motor vehicle; an occurrence involving only the loading or unloading of cargo; or an occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle unless the vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 49 C.F.R. § 177.823; 49 C.F.R. § 382.303(a); 49 C.F.R. § 382.303(f). Alcohol Concentration (or Content): Means the alcohol on a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 49 C.F.R. § 382.107. Alcohol Use: Means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. 49 C.F.R. § 382.107. Applicant: Means a person applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107. Breath Alcohol Technician or BAT: Means an individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device (EBT). 49 C.F.R. § 40.3. City: Means City of Lino Lakes. City Premises: Means all job sites, facilities, offices, buildings, structures, equipment, vehicles and parking areas, whether owned, leased, used or under the control of the City. Collection Site: Means a place designated by the City where drivers present themselves for the purpose of providing a specimen of their urine or breath to be analyzed for the presence of alcohol or controlled substances. 49 C.F.R. § 40.3. Commercial Motor Vehicle: Means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle (1) has a gross combination weight rating or gross combination weight of 26,001 or more pounds, whoever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, DOT Drug and Alcohol Testing Policy 1/13/2020 Page 15 whichever is greater; or (2) has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds, whichever is greater; or (3) is designed to transport sixteen (16) or more passengers, including the driver; or (4) is of any size and is used in the transportation of materials found to be in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulation. (49 C.F.R. part 172, subpart F) § 382.107. Fire trucks and other emergency fire equipment are not considered to be commercial vehicles under this policy. Confirmation (or Confirmatory) Test: For alcohol testing means a second test, following a positive non-evidential test, following a positive non-evidential (e.g., saliva) screening test or a breath alcohol screening test with the result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substance testing, “Confirmation (or Confirmatory) Test” means a second analytical procedure to identify the presence of a specific controlled substance or metabolite which is independent of the screen test and which uses a different technique and chemical principal from that of the screen test in order to ensure reliability and accuracy. 49 C.F.R. § 382.107. Controlled Substance: Means those substances identified in 49 C.F.R. § 40.85. Marijuana, amphetamines, opioids, (including heroin), phencyclidine (PCP), cocaine, and any of their metabolites are included within this definition. 49 (C.F.R. § 382.107; 49 C.F.R. § 40.85. Department of Transportation or DOT: Means the United States Department of Transportation. DHHS: Means the Department of Health & Human Services or any designee of the Secretary, Department of Health & Human Services. 49 C.F.R. § 40.3. Disabling Damage: Means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so driven. Disabling damage does not include damage which can be remedied temporarily at the scene of the accident without special tools or parts, tire disablement without other damage even if no spare tire is available, headlight or tail light damage or damage to turn signals, horn or windshield wipers which make them inoperative. 49 C.F.R. § 382.107. Driver: Means any person who operates a commercial motor vehicle. This includes, but is not limited to full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors who are either directly employed by or under lease to the City or who operate a commercial motor vehicle at the direction of or with the consent of DOT Drug and Alcohol Testing Policy 1/13/2020 Page 16 the City. For purposes of pre-employment testing, the term driver includes a person applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107. Drug: Has the same meaning as “controlled substance.” Employee seeking a transfer: Refers to an employee who is not subject to DOT regulations seeking a transfer to a position that will subject them to DOT regulations in the sought after position. Evidential Breath Testing Device or EBT: Means a device approved by the National Highway Traffic Safety Administration (“NHTSA”) for the evidential testing of breath and placed on NHTSA’s “Conforming Products List of Evidential Breath Measurement Devices.” 49 C.F.R. § 40.3. Federal Motor Carrier Safety Administration or FMCSA: Means the Federal Motor Carrier Safety Administration of the United States Department of Transportation. Medical Review Officer or MRO: Means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by a controlled substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with his or her medical history and any other relevant biomedical information. 49 C.F.R. § 40.3 Performing (a Safety-Sensitive Function): Means any period in which a driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. 49 C.F.R. § 382.107. Positive Test Result: Means a finding of the presence of alcohol or controlled substance, or their metabolites, in the sample tested in levels at or above the threshold detection levels established by applicable law. Reasonable Suspicion: Means a belief a driver has engaged in conduct prohibited by the FMCSA controlled substance and alcohol testing regulations, except when related solely to the possession of alcohol, based on specific contemporaneous, articulable observations made by a supervisor or City official who has received appropriate training concerning the appearance, behavior, speech or body odors of the driver. The determination of reasonable suspicion will be made in writing on a Reasonable Suspicion Record Form during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this policy. In the case of a controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance. Safety-Sensitive Function: DOT Drug and Alcohol Testing Policy 1/13/2020 Page 17 Means all time from the time a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work and all responsibility for performing work. Safety- sensitive functions include: • All time at a city plant, terminal, facility, or other property, or on any public property, • waiting to be dispatched, unless the driver has been relieved from duty by the employer; • All time inspecting equipment as required by 49 C.F.R. § 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; • All time spent at the driving controls of a commercial motor vehicle in operation; • All time, other than driving time, in or upon any commercial motor vehicle; • All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and • All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 49 C.F.R. § 382.107. Screening Test (also known as Initial Test): In alcohol testing, mean an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in her or her system. Screening tests may be conducted by utilizing a non-evidential screening device included by the National Highway Traffic Administration on its conforming products list (e.g., a saliva screening device) or an evidential breath testing device (“EBT”) operated by a trained breath alcohol technician (“BAT”). In controlled substance testing, “Screening Test” means an immunoassay screen to eliminate “negative” urine specimens form further consideration. 49 C.F.R. § 382.107. Substance Abuse Professional” or “SAP”: Means a licensed physician (medical doctor or doctor of osteopathy), licensed or certified psychologist, licensed or certified social worker, licensed or certified employee assistance professional, or licensed or certified addiction counselor (certified by the National Association of Alcoholism and Controlled Substance Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. 49 C.F.R. § 40.281. 1/13/2020 Non-DOT Drug and Alcohol Testing Policy Page 1 Drug and Alcohol Testing and Drug-Free Workplace Act Policy for Non-Commercial Drivers (Non-DOT) Purpose and Objectives The City of Lino Lakes (“City”) has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The City of Lino Lakes does not intend to intrude into the private lives of its employees, but strongly believes that a drug- and alcohol-free workplace is in the best interest of employees and the public alike. Alcohol and drug abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of city property. The City of Lino Lakes’ Drug and Alcohol Testing Non-DOT policy has been established for the purpose of providing a safe workplace for all. City employees and applicants required to hold a commercial driver’s license by the United States Department of Transportation (“DOT”) for their job will be tested under the City’s Policy on Controlled Substance and Alcohol Testing for Commercial Drivers (the “DOT Policy”). All other employees and job applicants offered employment with the city must undergo testing as described by this policy. Temporary and seasonal employees are not subject to this policy; however, the City reserves the right to test due to reasonable suspicion. To ensure the policy is clearly communicated to all employees and applicants to whom offers of employment have been made, and to comply with state law, employees and applicants are required to review this policy and sign the “policy acknowledgement.” A job applicant will also acknowledge in this form that he/she understands that passing the drug test is a requirement of the job. Persons Subject to Testing and Circumstances Under Which Testing May Be Required Under this policy, the City may test any applicant to whom an offer of employment has been made, and may test any employee for alcohol and/or controlled substance under any of the following circumstances with a properly accredited or licensed testing laboratory, in accordance with Minn. Stat. § 181.953, subd. 1. (1) Pre-Employment Testing: Every job applicant offered employment with the city receives the offer conditioned upon successful completion of a drug test, among other conditions. If the job offer is withdrawn based on drug test results, the city will inform the applicant of the reasons for the withdrawal. 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. 1/13/2020 Non-DOT Drug and Alcohol Testing Policy Page 2 (2) Reasonable Suspicion Testing: Consistent with Minn. Stat. § 181.951, subd. 3, employees will be subject to alcohol and controlled substance testing when reasonable suspicion exists to believe that the employee: • Is under the influence of alcohol or a controlled substance; or • Has violated written work rules prohibiting the use, possession, sale or transfer of drugs or alcohol while working, while on city property, or while operating city vehicles, machinery or any other type of equipment; or • Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or has caused another employee to sustain an injury or; • Has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled substance or containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the city’s policies concerning alcohol or drugs may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Record Form. For off-site collection, employees will be driven to the employer-approved medical facility by their supervisor or a designee. For an on-site collection service, the employee will remain on site and be observed by the supervisor or designee. The medical facility or on-site collection service will take the urine or blood sample, and will forward the sample to an approved laboratory for testing. Pursuant to the requirements of the Drug-Free Workplace Act of 1988, all City employees, as a condition of continued employment, will agree to abide by the terms of this policy and must notify Human Resources of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. If required by law or government contract, the City will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. (3) Treatment Program Testing: In accordance with Minn. Stat. § 181.951, subd. 6., the City may request or require an employee 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 an employee benefit plan. In such a 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. (4) Routine Physical Examination Testing: The City may request or require an employee to undergo drug testing as part of a routine physical examination. The City, in accordance with Minn. Stat. § 181.951, subd. 3, will request or require this type of testing no more than once annually, and the employee will be provided 1/13/2020 Non-DOT Drug and Alcohol Testing Policy Page 3 with at least two weeks’ written notice that the test will be required as part of the physical examination. (5) Random Testing: In accordance with Minn. Stat. § 181.951, subd. 4, the City may require an employee to submit to random testing if the employee is in a safety-sensitive position. Right of Refusal: Employees and job applicants have the right to refuse to submit to an alcohol or drug test under this policy. However, such a refusal will subject an employee to immediate termination. If an applicant refuses to submit to applicant testing, any conditional offer of employment will be withdrawn. Any intentional act or omission by the employee or applicant that prevents the completion of the testing process constitutes a refusal to test. An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts to alter a testing sample is considered to have refused to take a drug and/or alcohol test. In such a case, the employee is subject to immediate termination of employment, and in the case of an applicant, the job offer will be immediately withdrawn. Refusal on Religious Grounds: An employee or job applicant who, on religious grounds, refuses to undergo drug or alcohol testing of a blood sample will not be considered to have refused testing, unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. Cost of Required Testing: The City will pay for the cost of all drug and alcohol testing requested or required of all job applicants and employees, with the exception of confirmatory retests. Job applicants and employees are responsible for paying for all costs associated with any requested confirmatory retests. Prohibition against Controlled Substance and Alcohol Use and Possession of Alcohol or Drug(s): Employees are prohibited from the use, possession, transfer, transportation, manufacture, distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol, drugs, or drug paraphernalia while on duty; is on City premises; while operating any City vehicle, machinery, or equipment; or when performing any city business, except (1) pursuant to a valid medical prescription used as properly instructed; (2) the use of over-the-counter controlled substance used as intended by the manufacturer; or (3) when necessary for approved law enforcement activity. Besides having a zero-tolerance policy for the use or possession of alcohol, illegal drugs, or misused prescription drugs on the worksite, we also prohibit the use, possession of, impairment by any cannabis or medical cannabis products (e.g., hash oils or pills) on the worksite by a person working as an employee at the City or while “on call” and subject to return to work. 1/13/2020 Non-DOT Drug and Alcohol Testing Policy Page 4 Having a medical marijuana card, patient registry number, and/or cannabis prescription from a physician does not allow anyone to use, possess, or be impaired by that drug here. The federal government still classifies cannabis as an illegal drug, even though some states have decriminalized its possession and use. There is no acceptable concentration of marijuana metabolites in the blood or urine of an employee who operates our equipment or vehicles or who is on one of our worksites. Applicants and employees are still subject to being tested under our drug and alcohol testing policy. And employees are subject to being disciplined, suspended, or terminated after testing positive for cannabis if the employee used, possessed, or was impaired by cannabis, including medical cannabis, while on the premises of the place of employment or during the hours of employment. While Impaired of Alcohol or Drug(s): Employees are prohibited from being under the influence of alcohol or drugs or having a detectable amount of an illegal drug in the blood or urine when reporting for work; while on duty; is on the City’s premises; while operating any city vehicle, machinery, or equipment; or when performing any City business, except (1) pursuant to a valid medical prescription used as properly instructed; or (2) the use of over-the-counter controlled substance used as intended by the manufacturer. Driving While Impaired: A conviction of driving while impaired in a City-owned vehicle at any time during business or non-business hours, or in an employee-owned vehicle while conducting city business, may result in discipline, up to and including discharge. Criminal Controlled Substance Convictions: Any employee convicted of any criminal drug statute must notify his or her supervisor and Human Resources in writing of such conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a controlled substance-related conviction, the City will take appropriate personnel action against the employee up to and including discharge, or require the employee to satisfactorily participate in a controlled substance abuse assistance or rehabilitation program as an alternative to termination. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. In accordance with the Federal Drug-Free Workplace Act of 1988, if the City is receiving federal grants or contracts of over $25,000, the City will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. Failure to Disclose Lawful Controlled Substance: 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. 1/13/2020 Non-DOT Drug and Alcohol Testing Policy Page 5 Review and Notification of Test Results Notification of Negative Test Results: In the case of job applicants and in accordance with Minn. Stat. § 181.953, Human Resources will notify a job applicant of a negative drug result within three days of receipt of result by the City, and the hiring process will resume. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the city within three working days of the confirmatory test result. A “Negative Test Results Notification” form will be sent to the job applicant, and the job applicant may request a copy of the test result report from Human Resources. In the case of current employees and in accordance with Minn. Stat. § 181.953, Human Resources will notify the employee of a negative drug and/or alcohol result within three days of receipt of result by the city. A “Negative Test Results Notification” form will be sent to the employee, and he or she may request a copy of the test result report from Human Resources. Notification of Positive Test Results: In the event of a confirmed positive blood or urine alcohol and/or drug test result, the city will notify the employee of a positive drug and/or alcohol result within three days of receipt of the result. Human Resources will send to the employee or job applicant a “Positive Test Results Notification” letter containing further instructions. The employee or job applicant may contact Human Resources to request a copy of the test result report if desired. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the City within three working days of the confirmatory test result. Right to Provide Information after Receiving Test Results: Within three working days after notice of a positive controlled substance or alcohol test result on a confirmatory test, the employee or job applicant may submit information to the City to explain the positive result. In accordance with Minn. Stat. § 181.953, subd. 10, if an employee submits information either before a test or within three working days after a positive test result that explains the positive test result, (such as medications the employee is taking), the City will not take an adverse employment action based on that information unless the employee has already been under an affirmative duty to provide the information before, upon, or after hire. Right to Confirmatory Retest: A job applicant or employee may request a confirmatory retest of the original sample at the job applicant’s or employee’s own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the job applicant or employee must notify the City in writing of the job applicant’s or employee’s intention to obtain a confirmatory retest. Within three working days after receipt of the notice, the City will notify the original testing laboratory that the job applicant or employee has requested the laboratory to conduct the confirmatory retest or transfer the sample to another qualified laboratory licensed to conduct the confirmatory retest. The original testing laboratory will ensure the control and custody procedures are followed during transfer of the sample to the other laboratory. In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is required to maintain all samples testing positive for a period of six months. The confirmatory retest will use the same controlled substance and/or alcohol threshold detection levels as used in the original confirmatory test. 1/13/2020 Non-DOT Drug and Alcohol Testing Policy Page 6 In the case of job applicants, if the confirmatory retest does not confirm the original positive test result, the City’s job offer will be reinstated and the City will reimburse the job applicant for the actual cost of the confirmatory retest. In the case of employees, if the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test will be taken against the employee, the employee will be reinstated with any lost wages or salary for time lost pending the outcome of the confirmatory retest result, and the City will reimburse the employee for the actual cost of the confirmatory retest. Access to Reports: In accordance with Minn. Stat. § 181.953, subd. 10, an employee will have access to information contained in his or her personnel file relating to positive test results and to the testing process, including all information gathered as part of that process. Dilute Specimens: A negative or positive dilute test result (following a second collection) which has been confirmed will subject an employee to immediate termination. Consequences for Employees Engaging in Prohibited Conduct 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 illegal drugs as verified by a confirmatory test. Employees: • No Adverse Action without Confirmatory Test. The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee based on a positive test result from an initial screening test that has not been verified by a confirmatory test. • Suspension Pending Test Result. The City may temporarily suspend a tested employee with or without pay, or transfer that employee to another position at the same rate of pay pending the outcome of the requested confirmatory retest, provided the City believes that it is reasonably necessary to protect the health or safety of the employee, co-employees, or the public. The employee will be asked to return home, and will be provided appropriate arrangements for return transportation to his or her residence. In accordance with Minn. Stat. § 181.953, subd. 10, an employee who has been suspended without pay will be reinstated with back pay if the outcome of the requested confirmatory retest is negative. Discipline and Discharge: Confirmatory Positive Test Result: The City will not discharge an employee for a first confirmatory positive test unless the following conditions have been met: • The City has first given the employee 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 physician trained in the diagnosis and treatment of chemical dependency. Participation by 1/13/2020 Non-DOT Drug and Alcohol Testing Policy Page 7 the employee in any recommended substance abuse treatment program will be at the employee’s own expense or pursuant to the coverage under an employee benefit plan. 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 • 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 by a refusal to test or positive test result on a confirmatory test after completion of the program. Other Misconduct: 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 city personnel policies. Emergency Call Back to Work Provisions: If an employee is called out for a City emergency and he or she reports to work and is suspected of being under the influence of drugs or alcohol, he or she will not be subject to the testing procedures of this policy, but may be subject to discipline and will not be allowed to work. Appropriate arrangements for return transportation to the employee’s residence will be made. It is the sole responsibility of the employee who is under the influence of alcohol and/or drugs and who is called out for a City emergency, to notify his or her supervisor of this information and advise if he or she is unable to respond to the emergency call back. Non-Discrimination The City of Lino Lakes’ policy on work-related substance abuse is non-discriminatory in intent and application; however, in accordance with Minn. Stat., ch. 363, disability does not include conditions resulting from alcohol or other drug abuse which prevents an employee from performing the essential functions of the job in question or constitutes a direct threat to property of the safety of individuals. Furthermore, the City will not retaliate against any employee for asserting his or her rights under this policy. City’s Employee Assistance Program The City has in place a formal employee assistance program (EAP) to assist employees in addressing serious personal or work-related problems at any time. The City’s EAP provides confidential, cost-free, short-term counseling to employees and their families. Employees who may have an alcohol or other drug abuse problem are encouraged to seek assistance before a problem affects their employment status. Employee assistance program services are available by contacting Human Resources. Policy Contact for Additional Information If you have any questions about this policy or the City’s drug and alcohol testing procedures, you may contact your immediate supervisor or Human Resources to obtain additional information. 1/13/2020 Non-DOT Drug and Alcohol Testing Policy Page 8 By this policy, the City of Lino Lakes has established a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace and its policy of maintaining a drug-free workplace. Each City employee will receive a copy of this policy and will be required to read it. Any revisions to state or federal law will take percent over this policy to the extent this policy has not incorporated those revisions. Definitions Alcohol: Means the intoxicating agent in beverage alcohol or any low molecular weight alcohols such as ethyl, methyl, or isopropyl alcohol. The term includes but is not limited to beer, wine, spirits, and medications such as cough syrup that contain alcohol. Alcohol use or usage: Means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Applicant: Means a person applying for a job with the City. City: Means the City of Lino Lakes. City premises: Means, but is not limited to, all City job sites and work areas. For the purposes of this policy, city premises also includes any other locations or modes of transportation to and from those locations while in the course and scope of employment of the City. City vehicle: Means any vehicle which employees are authorized to use solely for City business when used at any time; or any vehicle owned or leased by the City when used for City business. Collection site: Means a place designated by the City where job applicants and employees present themselves for the purpose of providing a specimen of their breath, urine, and/or blood to be analyzed for the presence of controlled substances and alcohol. Confirmatory test: Means a controlled substance or alcohol test on a sample to substantiate the results of a prior controlled substance or alcohol test on the same sample, and that uses a method of analysis allowed under one of the programs listed in Minn. Stat. § 181.953, subd. 1. Drug: Has the same meaning as “controlled substance” defined in Minn. Stat. § 152.01, subd. 4. Drug and alcohol testing, drug or alcohol testing, and drug or alcohol test: Mean analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. § 181.953, subd.1, for the purpose of measuring their presence or absence of drugs, alcohol, or their metabolites in the sample tested. Drug paraphernalia: Has the meaning set forth in Minn. Stat. § 152.01, subd. 18. Employee: Means a person who performs services for compensation for the City and may include independent contractors. 1/13/2020 Non-DOT Drug and Alcohol Testing Policy Page 9 Initial screening test: Means a drug or alcohol test that uses a method of analysis under one of the programs listed in Minn. Stat. § 181.953, subd. 1. Job applicant: Means a person who applies to become an employee of the City, and includes a person who has received a job offer made contingent on the person passing drug testing. Positive test result: Means a finding of the presence of alcohol, illegal drugs, or their metabolites that exceeds the cutoff levels established by the City. Minimum threshold detection levels are subject to change as determined in the City’s sole discretion. Random selection basis: Means a mechanism for selection of employees that (1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and (2) does not give an employer discretion to waive the selection of any employee selected under the mechanism. Reasonable suspicion: Means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. Safety-sensitive position: Means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. Under the influence: Means (1) the employee tests positive for alcohol or drugs, or (2) the employee’s actions, appearance, speech, and/or bodily odors reasonably cause the City to conclude that the employee is impaired because of illegal drug use or alcohol use. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: January 13, 2020 TOPIC: Acceptance Police and Fire Plaques VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting council approval to accept a police plaque and a fire plaque as a donation from Lino Lakes’ resident Tim Rystrom. BACKGROUND Mr. Rystrom wants to show his appreciation for our police and firefighters by making a police plaque and fire plaque. There is photo of the plaques attached to this report. If acceptance of this donation is approved the plaques will be displayed in the Public Safety Department. RECOMMENDATION Staff recommends approval of acceptance for a police plaque and a fire plaque made my Mr. Rystrom . ATTACHMENTS Photo of the two plaques. CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: December 23, 2019 TOPIC : Resolution No. 19-183, Accepting Quotes, and Awarding a Construction Contract, Irrigation Controller Upgrades Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting authorization to accept quotes and award the construction contract for the Irrigation Controller Upgrades Project. BACKGROUND On May 13, 2019 the City Council approved the Rice Creek Watershed District (RCWD) Stormwater Remediation Cost-Share Grant agreement. As part of the City’s ongoing water conservation efforts, staff has targeted reduction in water use for irrigation as a primary means of meeting the City’s conservation goals. There are additional indirect savings in terms of water system infrastructure from reduced peak season water demand. The new controllers will allow the City to use less water and operate irrigation systems centrally. The irrigation volumes at the targeted locations use an average of 9.2 million gallon annually. The use of smart controllers (weather based system) and/or soil moisture sensors have been found to reduce water use by up to 50%. This would result in 4.6 million gallons annually, representing approximately 3.4 days of water use for the entire city. The benefits of the remote water management system include: • Central Control – Ability to start and stop irrigation schedule on a smart phone or tablet via App. • Weather Based Control – Use current weather and evapotranspiration data to irrigate only when needed. • Flow Sensing and Leak Detection – Can easily monitor flow rate and water use. Real time look at system and instant alert of leaks. • Pressure Regulation – Optimizing pressure to significantly reduce wasted water. The Irrigation Controller Upgrades Project includes: Upgrading the irrigation controllers at fourteen (14) City irrigation systems to water- efficient smart controllers with local moisture sensors. Quotes for the project were received on November 29th, 2019. The quotes were checked for mathematical accuracy and tabulated. CONTRACTOR TOTAL QUOTE Northway Irrigation $76,500.85 Mickman Brothers $92,968.25 The low quote was submitted by Northway Irrigation of Circle Pines, Minnesota, in the amount of $76,500.85. The completion date for this project is August 1st, 2020. On February 27, 2019, RCWD award the City a Grant where they will contribute 50% of the project costs up to a maximum of $41,000. The City share of costs is to be funded through the City water utility. RECOMMENDATION Staff recommends adoption of Resolution No. 19-183 accepting quotes and awarding a construction contract for the Irrigation Controller Upgrades Project, in the amount of $76,500.85 to Northway Irrigation. ATTACHMENTS 1. Resolution No. 19-183 2. Location Map CITY OF LINO LAKES RESOLUTION NO. 19-183 RESOLUTION ACCEPTING QUOTES, AND AWARDING A CONSTRUCTION CONTRACT, IRRIGATION CONTROLLER UPGRADES PROJECT WHEREAS, pursuant to a request for quotes for the construction of upgrades to fourteen (14) City irrigation controllers, quotes were received, and tabulated: CONTRACTOR TOTAL QUOTE Northway Irrigation $76,500.85 Mickman Brothers $92,968.25 WHEREAS, it appears that Northway Irrigation of Circle Pines, Minnesota is the lowest responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Mayor and Clerk are hereby authorized and directed to enter into a contract Northway Irrigation for the construction of the Irrigation Controller Upgrades in the amount of $76,500.85; Adopted by the Council of the City of Lino Lakes this 13th day of January 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk !( !( !( !( !( !( !( !( !( !( !( !( !( !( §¨¦35W §¨¦35W §¨¦35E §¨¦35E Legacy Legacy #2 City Green Birch Park Behm's Park Marshan Park Sunrise Park Lino Lakes Park Fire Station No. 2 Fire Station No. 1 Lino Lakes City Hall Birchwood Acres Park Highland Meadows Park Clearwater Creek Park !(Irrigation Contro ller Upgrade Locations Municipal Boundary 0 5,000Feet ¯Irrigation Controller Upgrade Locations City of Lino Lakes, MN Document Path: G:\Group Data\Municipal\Clients - Cities - Counties\Lino Lakes\Water Resources\Grants\RCWD USWR-WBFPP 2019\Smart Controller Irrigation\LocationMap.mxd Date Saved: 10/30/2019 4:01:28 PM1 inch = 5,000 f eet CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: January 13, 2020 TOPIC: Consider Resolution No. 20-01, Approving Sale of Wetland Bank Credits, Wollan Park VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve the sale of .7076 acres (30,823.06 Square Feet) of wetland bank credits. BACKGROUND The Wetland Conservation Act (WCA) requires replacement of any construction related wetland impacts on a per square foot basis. Minnesota's wetland banking program includes both private and state-sponsored wetland banks which have "credits" that are used to offset (mitigate) authorized wetland impacts. The banks are subject to approval of both the Minnesota Board of Water and Soil Resources (BWSR) and the Army Corps of Engineers (ACOE). The City currently has two banks in place. Bank No. 1122 (Otter Lake) is located east of I-35E and south of CSAH 14. 1.482 acres of credit are available. This bank is not ACOE approved. Credits can only be used for wetland impacts not under ACOE jurisdiction. Bank No. 1601(Wollan Park) is located west of Lake Drive and north of Main Street. 5.12 acres of ACOE approved credit is currently available in this bank. The bank also includes an additional 1.02 acres of non ACOE credit. Credits from both these banks are available for sale on the open market, much like a real estate transaction. Typically developers and/or government agencies, that have projects with wetland impacts, purchase the credits to meet mitigation requirements. The City prepared a Natural Resource Revolving Fund Plan in August of 2017. One of the overall goals of the plan was the establishment of the wetland banks to serve as a funding source to implement the City’s greenway system and assist with economic development projects. Proceeds from any sale are proposed to be used in the following way: 1. Repay establishment costs including restoration activities and monitoring. 2. 10% set aside for future maintenance of established banks. 3. New land acquisition and restoration. Staff has received a request to purchase .7076 acres at a price of $72,434.18 ($2.35 per square foot) from BL Holdings, LLC. The acquisition is intended to mitigate potential wetland impacts related to a pending residential development in Lino Lakes along 20th Avenue. The purchase agreement provides for the sale of credits subject to approval of the wetland mitigation plan by the Rice Creek Watershed District and the Army Corps of Engineers. Sale of the credits does not obligate the City to approve any development proposal. RECOMMENDATION Credit pricing fluctuates based on several factors including development activity, size of credit acquisition, and credit availability. While the City has received several inquiries over the past year we have not previously reached agreement on a sale price. This would be the first credit sale from the Wollan Park bank. Sale of the credits will be used to reimburse the Surface Water Management fund for bank establishment costs. Staff is recommending approval of Resolution No. 20-01. ATTACHMENTS 1. Resolution No 20-01 CITY OF LINO LAKES RESOLUTION NO. 20-01 AUTHORIZING SALE OF WETLAND CREDITS BL HOLDINGS, LLC WHEREAS, The City has established a wetland bank to preserve and restore open space and to mitigate the local impacts to wetlands associated with public and private development improvements; and WHEREAS, The City has received a request for the purchase of .7076 credits from the Wollan Park Wetland Bank (BWSR Acct. 1601) in the amount of $72,43.18, and WHEREAS, The City Council finds it is in the best interests of the City to make such credit sale; NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that staff is authorized to enter into a purchase agreement with BL Holdings, Inc., in the amount of $72,434.18 for purchase of .7076 wetland credits. BE IT FURTHER RESOLVED that BL Holdings, LLC shall be responsible for payment of the withdrawal and stewardship fees associate with said transaction. Adopted by the Council of the City of Lino Lakes this 13th day of January, 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk