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Home My WebLink About2019.04.01 CC PacketCITY EST. 1906 •. 00 14669 Fitzgerald Avenue North • Hugo, MN 55038 A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES AGENDA HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, APRIL 1, 2019 — 7 P.M. 1. March 18, 2019, City Council Meeting 2. March 22, 2019, HGNFS Pasta Dinner 3. March 24, 2019, Joe Marier I OOth Birthday Celebration E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. None Scheduled G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion and a roll call vote. If a member of the City Council or the public wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Approve Amendments to Personnel Policy to Include Drug and Alcohol Testing Policy 3. Approve Special Event Permit for Oneka Elementary 5K Color Run 4. Approve Cost -Share Agreement with RCWD for Waters Edge Stormwater Reuse Phase II 5. Approve Resolution Declaring Approval to Modify the Municipal State Aid Street System 6. Approve Sale of 2006 Chevy 1500 Building Department Truck 7. Approve Sale of 1985 Ford 8000 Sewer Cleaning Truck 8. Approve Purchase of Ford F-150 Extra Cab Pickup Truck H. UNFINISHED BUSINESS 1. Authorize preparation of Plans and Specifications for the Elmcrest Avenue and Cedar Street Improvement project I. NEW BUSINESS 1. Discussion on Proposed Legislation Regarding RCWD Spending J. VISITOR PRESENTATIONS 1. None Scheduled K. COUNCIL PRESENTATIONS 1. Update on the Yellow Ribbon Network L. ADMINISTRATIVE PRESENTATIONS 1. Kidz n' Biz on Saturday, April 6, 2019 2. Local Board of Appeals and Equalization on Thursday, April 11, 2019 3. Reschedule the Short Line Railroad Open House 4. Habitat for Humanity Dedication on Saturday, April 13, 2019 5. Schedule Hugo Fire Department Live Burn on Saturday, May 4, 2019 6. Schedule 2019 LMC Annual Conference on June 26-28, 2019 M. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON APRIL 1, 2019 DA Approval of Minutes for the March 18, 2019, City Council Meeting D.2 Approval of Minutes for the March 22, 2019, HGNFS Pasta Dinner D.3 Approval of Minutes for the March 24, 2019, Joe Marier 1001' Birthday Celebration Staff recommends Council approve the above minutes as presented. G.1 Approval of Claims Staff recommends Council approve the Claims Roster as presented. G.2 Approve Amendments to Personnel Policy to Include Drug and Alcohol Testing Policy In response to regulations issued by the United States Department of Transportation (DOT), staff has drafted a policy on drug and alcohol testing for commercial drivers. This policy would apply to employees who hold CDLs (Commercial Drivers Licenses) for the purpose of carrying out "safety -sensitive duties" using City vehicles. This policy does not pertain to firefighters. The Drug and Alcohol Testing for Commercial Drivers Policy would require CDL holders to be part of a pool of drivers that will be subject to unannounced alcohol and controlled substance testing on a random selection basis. In addition to approval of the Drug and Alcohol Testing Policy, staff is requesting Council approve moving certain items from the Motor Vehicle Policy to the general Personnel Policy and eliminating the rest that not apply. Staff recommends Council approve adoption of the Drug and Alcohol Testing Policy for Commercial Drivers, elimination of the Motor Vehicle Safety Policy, and revisions to the Personnel Policy. G.3 Approve Special Event Permit for Oneka Elementary 5K Color Run The Oneka Elementary School has requested a Special Event Permit for their annual 5K Color Run on Saturday, May 4, 2019. This event requires a Special Event Permit approved by Council because it is expected to draw approximately 800 runners and will include the use of City streets and sidewalks. This run will take place along Oneka Parkway between Oneka Elementary and Frenchman Road. The event has been held for the past three years with no impacts to the health, safety, and welfare of residents or participants. Staff recommends Council approve the Special Event Permit for the Color Fun Run subject to the conditions in the staff memo. GA Approve Cost -Share Agreement with RCWD for Waters Edge Stormwater Reuse Phase II Construction of the 15t Phase of the Water's Edge stormwater reuse system was completed and put into service in July of 2018. During the first partial year the system was operating, the Water's Edge community was able to reduce their potable water consumption by 4.14 million gallons of water. Moving forward with the City's goals to reduce their impact to regions groundwater and surface water resources, the City applied for the RCWD Urban Stormwater Remediation Cost - Share Program and BWSR Watershed -Based Funding Pilot Program to help fund the Water's Edge Stormwater Reuse Phase 2 project. In the Spring of 2019, RCWD awarded $185,760 (BWSR WBFPP - $78,760 & RCWD USWR-$107,000) to fund the expansion of the existing Water's Edge stormwater reuse system. The total project cost is anticipated to be approximately $300,000, with the balance being paid from the stormwater utility fund and ultimately reimbursed over time through negotiation of an agreement with the Homeowners Association. Phase 2 of this project will expand the existing stormwater reuse irrigation system to service an additional 533 residential units as well as the northern extents of Oneka Parkway's boulevards and medians, resulting in improved surface water quality due to the removal of nutrients from the stormwater system and decrease ground water demand. The average annual irrigation use for the entire Water's Edge community is approximately 25.5 million gallons and this project expansion will help reduce potable water use by an additional 12.5 million gallons annually. Staff recommends Council approve the Rice Creek Watershed District Cost Share Agreement. G.5 Approve Resolution Declaring Approval to Modify the Municipal State Aid Street System Per State Aid Rules, a City is allowed to add and/or remove mileage annually, provided it meets necessary criteria. In an effort to maximize the construction needs of Hugo's MSAS system and with the goal of strategically using the annual available allotment of State Aid funds to the City, staff is recommending modifications to the system. Staff recommends that Council approve the resolution declaring approval of modifications to the municipal state aid street system for the City of Hugo and direct staff to submit per MNDOT requirements. G.6 Approve Sale of 2006 Chevy 1500 Building Department Truck In 2017, Council gave authorization to advertise the sale of a retired Building Department truck (#113-06) using a sealed bid format. The truck was advertised and bids were received. Of the bids received, none produced a reasonable value for staff to recommend a sale. Public Works staff is now requesting authorization to sell the truck using an online auction format. Staff recommends Council approve the sale of the 2006 Chevrolet 1500 through the online auction. G.7 Approve Sale of 1985 Ford 8000 Sewer Cleaning Truck In 2018, the City Council authorized the purchase of a used Vactor sewer cleaning truck. The Public Works Department has been using the recently purchased Vactor truck and would like to put up for auction the retired 1985 Ford 8000 sewer cleaning truck. Public Works staff would like to utilize an online auction service to facilitate the sale of this truck. Staff recommends Council approve the sale of the 1985 Ford 8008 sewer cleaning truck through the online auction. G.8 Approve Purchase of Ford F-150 Extra Cab Pickup Truck Over the past couple years, the City's Public Works Department has added two new staff positions. With the additional staff added, the department is in need of an additional pickup truck. Staff has received a quote from Midway Ford for the purchase of a 2019 F-150 priced accordingly with the State of Minnesota Cooperative Purchasing Venture for a price of $30,629.92 plus tax and licensing. Public Works staff has reviewed this purchase with Finance Director, Ron Otkin. Staff recommends that council authorize the purchase of the 3/4 ton Chevrolet through the State of Minnesota Cooperative Purchasing Venture for a price of $30,629.92 plus tax and licensing. H.1 Authorize Preparation of Plans and Specifications for the Elmcrest Avenue and Cedar Street Improvement Project At its March 18, 2019, meeting, Council approve the Joint Powers Agreement (JPA) with the City of Lino Lakes to complete roadway improvements on 241h Avenue/Elmcrest Avenue from Tart Lake Road to the south a distance of 2,300 feet, and East Cedar Street from Otter Lake Road to the east a distance of 2,600 feet. The JPA outlines that the East Cedar Street improvements are the financial responsibility of the City of Lino Lakes and the 24th Avenue/Elmcrest Avenue improvements are the financial responsibility of the City of Hugo. The final project costs to each community will be based on the percentage of construction and engineering costs as outlined in the JPA. The Elmcrest Avenue total estimated project cost is $295,000. Funding for the project is proposed through the street improvement fund. Staff recommends Council approve the resolution authorizing the preparation of plans and specifications for the East Cedar Street & 24th Avenue/Elmcrest Avenue North Improvement Project. I.1 Discussion on Proposed Legislation Regarding RCWD Spending Representative Peter Fischer and Senator Karin Housley have authored bills at the request of Rice Creek Watershed District Manager John Waller that would require a minimum of 90 percent of the money collected in Washington County through special assessments and ad valorem taxes be spent on projects in Washington County. Included in the packet are the bills' text and a letter from Washington County in support of the bills. Staff recommends Council discuss this legislation and provide direction, if any. K. 1 Update on Yellow Ribbon Network Council Members Chuck Haas and Phil Klein will update the Council on the activities of the Yellow Ribbon Network to date. L.1 Kidz n' Biz on Saturday, April 6, 2019 Council has scheduled a meeting to attend the annual Kidz `n Biz festival on Saturday, April 6, 2019 at the Oneka Elementary School from 11 a.m. — 2 p.m. L.2 Local Board of Appeals and Equalization on Thursday, April 11, 2019 Council has scheduled to meet as the Local Board of Appeals and Equalization on Thursday, April 11, 2019, in the Oneka Room from 5:30 — 7:00 p.m. L.3 Reschedule the Short Line Railroad Open House Council had scheduled a meeting to attend the Short Line Railroad Open House on Friday, April 12 beginning at 10 a.m. Due to legislative activities, the open house will be rescheduled to a later date in April. Wednesday, April 17th has been tentatively selected. Staff recommends Council direct staff to notify them of the rescheduled date and post it as a meeting of the Council. LA Habitat for Humanity Dedication on Saturday, April 13, 2019 Council has scheduled a meeting to attend the Homes for Habitat dedication ceremony on Saturday, April 13, 2019. The event will take place at 14954 Generation Avenue N. at 10 a.m. L.5 Schedule Hugo Fire Department Live Burn on Saturday, May 4, 2019 The Hugo Fire Department will be conducting a live burn at a house they have acquired at 13040 Ingersoll Avenue and has invited the Council to attend. The burn will take place on Saturday, May 4, 2019, beginning at 8:00 a.m. Staff recommends Council schedule the live burn as a meeting if they choose to attend. L.6 Schedule 2019 LMC Annual Conference on June 26-28, 2019 The League of Minnesota Cities will hold their Annual Conference in Duluth on June 26-28, 2019. Staff recommends Council schedule this as a meeting if they choose to attend. N. Adjournment 14669 Fitzgerald Avenue North • Hugo, MN 55038 Call to Order Minutes HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, MARCH 18, 2019 — 7 P.M. Mayor Weidt called the meeting to order at 7:00 p.m. PRESENT: Haas (Via Skype), Klein, Miron, Petryk, Weidt ABSENT: None ALSO PRESENT: City Administrator Bryan Bear, Community Development Director Rachel Juba, City Attorney Dave Snyder, City Engineer Mark Erichson, City Clerk Michele Lindau Approval of Minutes for the March 4, 2019, City Council Meeting Klein made motion, Miron seconded, to approve the minutes for the Hugo City Council meeting on March 4, 2019, as presented. All Ayes. Motion carried. Approval of the Agenda Weidt made motion, Miron seconded, to approve the agenda as amended by adding a presentation by the White Bear Lake School Superintendent and an announcement of the Habitat for Humanity Home Dedication Ceremony. All Ayes. Motion carried. Recognition of Centenarian Joe (T.J.) Marier on his 1001h Birthday Mayor Weidt announced that a lifelong Hugo resident Joe Marier will turn 100 years old on March 25, 2019. This will be celebrated on Sunday, March 24th at the Hugo American Legion from 1-5 p.m., and the public was invited to attend. Petryk made motion, Weidt seconded, to schedule a meeting to attend the 1001h Birthday Parry for Joe Marier on Sunday, March 24, 2019. All Ayes. Motion carried. Joe was in attendance with his son, Steve. Mayor Weidt read a proclamation prepared in honor of Joe. Joe thanked the Council and said the City has been good to him, and he hopes he has been good to the City. The mayor called for a short recesses, and the meeting reconvened at 7:13 p.m. Hugo City Council Meeting Minutes for March 18, 2019 Page 2 of 8 Swearing in of Colin Emans as Training Captain, Jason Palmquist as Training Lieutenant, Ross Hoernemann as Administrative Captain, and Trevor Legros as Firefighter At its February 4, 2019 meeting, Council approved the appointment of Colin Emans as Training Captain and Ross Hoernemann as Administrative Capitan. At its March 4, 2019 meeting, Council approved Jason Palmquist as Training Lieutenant, and at its December 17, 2018 meeting, Council approved Trevor Legros as a regular firefighter. Fire Chief Kevin Colvard performed the swearing in of the four firefighters to their respective positions. Hugo Fire Department Annual Report Hugo Fire Chief Kevin Colvard presented to Council the Fire Department Annual Report for 2018. During 2018, there was one retirement (Andy Churchill after 14 years), three resignations and three new hires. Total calls increased to 299, most being rescue calls to assist North Memorial Ambulance. This was the third full year assisting North Memorial, and the Hugo Department responded to 136 of 863 calls they received. Call volume will likely continue to increase as growth increases. Colvard talked about alarm calls commonly due to maintenance of the devices, and they were trying to educate the public. Automatic Aid with White Bear Lake had been put into practice during 2018, and a new computer software program was implemented by Washington County. The department was successful in receiving a grant for the replacement of all SCBA air packs. The last grant for that equipment was in 2004. Training consisted of 2,580 man-hours for weekly drills and over 1,000 man-hours for additional training to include leadership and command classes. Ninety percent of the department has received Active Shooter Training, and 86 people were trained in CPR. Colvard talked about the AED (Automated External Defibrillator) initiative started in 2017, and Jim Compton Jr. talked about a recent incident where a life was saved. Based on the success, the department will be seeking donations for additional AEDs. Petryk asked what one costs and whether they carried Narcan. Colvard responded that one AED unit would cost approximately $1,500, and Narcan was carried by the deputies and ambulance crews. Colvard talked about the aerial apparatus they took delivery of in late February. There needed to be a great deal of training on it, and their goal was to have it operational in the month of April. Department goals were to increase daytime staffing, continue the grant application program, review and refine the equipment CIP, and continue leadership development. The Mayor called for a short recess, and the meeting reconvened at 7:54 p.m. North Memorial Annual Report Manager Rob Almendinger, Supervisor Shawn McDonough, and Director Rick Wagner from North Memorial presented the annual report on ambulance services provided to Hugo during 2018. North Memorial took over as Hugo's primary ambulance provider in August of 2015. Almendinger talked about staffed hours and how they were adjusted as needed. He presented the PSA (Primary Service Area) map and data on run distribution. The average response time data for the entire region was 9:23. North Memorial responded to 723 calls in 2018 with an average response time of 9:38 and median response time of 8:34. He reviewed response time by priority. Code 3 (lights and sirens) was 9:13 on average, and Code 2 (no lights or sirens) was 11:24. He provided data on calls per hour of day and responses showing 68% of the time the patient was Hugo City Council Meeting Minutes for March 18, 2019 Page 3 of 8 treated and transported. Almendinger stated that there has been a steady increase in calls over the past four years, and there is no sign of it going down. Ninety-nine runs were to the Keystone Senior Living Place, and 93 of the patients were transported. McDonough reviewed the coverage plan and how they move the trucks around to get better coverage Weidt asked about response time changes over the past few years. Almendinger replied they will work to get those numbers, but they do see a trend that they are slightly increasing. The most restrictive time constraints are in Hennepin County where they require a 10:59 second response. North Memorial uses that as a gage to determine whether or not they are close to optima. Almendinger stated they will work on response time data with the Fire Chief. White Bear Lake School Facility Report Weidt added this to the agenda for School Superintendent Dr. Wayne. Kazmierczak to provide an update on the White Bear Lakes School District (ISD 624). Kazmierczak presented on overview of their strategic plan, which is available to the public. The plan involved the work of 30 people who met at Hugo City Hall. One thing that emerged was to ensure learning environments enhance students' education. The district had been working on facility planning, and he presented maps of the school district showing that schools were concentrated more to the south. Oneka Elementary School was built in 2003 and serves Hugo along with the Hugo Elementary School. Studies are being done to anticipate what to do with housing growth, mainly in the northern part of the district, and Kazmierczak provided information on potential future developments. Enrollment projections showed they will be at more than their capacity at 75 % agricultural land buildout by adding approximately 2000 students. With Hugo adding many to the anticipated growth, there will be space issues. Tim Wald, Assistant Superintendent for Finance and Operations, stated he worked with the facilities committee identifying needs. Ninety people served on the committee, which met in October, 2018. Different subcommittees looked at different needs and how those needs were being met. A solution subcommittee consisting of 30 of the original committee members was still working on solutions, and what to expect in Hugo is yet to be determined. He stated that it is likely land will be needed to build a school in Hugo. They have purchase agreements with properties on the east side of Everton Avenue and will need to navigate the process to meet all requirements for construction. They should have a clearer idea of where they are at the end of the week. All of the information the committee was provided is on their website. Weidt said the City looks forward to working with them on a solution. Approval of the Consent Agenda Miron made motion, Klein seconded, to approve the following Consent Agenda: 1. Approval of Claims 2. Approve Annual Performance Review for Finance Director Ron Otkin 3. Approve Special Event Permit for MS 150 on June 9, 2019 Hugo City Council Meeting Minutes for March 18, 2019 Page 4 of 8 4. Approve Special Event Permit for Blacksmith Lounge for 2019 Events 5. Approve Ordinance Amendment to Allow 8 a.m. Sunday Sales for On -Sale Licenses 6. Approve Right-of-way and Telecommunications Ordinance Amendments to Regulate Small Wireless Facilities 7. Approve Assignment of Agreement for Municipal Advisor Services All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Annual Performance Review for Finance Director Ron Otkin Ron Otkin was hired as the City's Finance Director on April 3, 1989. For the past 30 years, Ron conducted duties related to the City's Finance Department which includes the annual preparation of the City's budget as well as financing of public improvement projects and accounts payable and accounts receivable. Adoption of the Consent Agenda approved the annual performance review for Finance Director Ron Otkin. Approve Special Event Permit for MS150 on June 9, 2019 The MS Society had applied for a Special Event Permit for their annual bicycle event on June 8- 9. This required a permit because there will be between 3,500-4,000 riders, and trails and streets in Hugo will be used. The MS150 is a fundraising event where riders begin in Proctor, MN and ride to Century College in White Bear Lake. On the second day, riders will be traveling south through Hugo on the Hardwood Creek Trail and the shoulder of TH61 between 10:00 a.m. and 4:30 p.m. The MS150 has been held successfully for the past several years. Adoption of the Consent Agenda approved the Special Event Permit for the MS 150 on June 9, 2019. Approve Special Event Permit for Blacksmith Lounge for 2019 Events The Blacksmith Lounge Restaurant had applied for a Special Event Permit for approval of 14 events hosted on their property between April and October, 2019. The events will be held on the owner's property surrounding the Blacksmith Lounge Restaurant and will consist of auctions, car shows, and swap meets, with the biggest event being the Northern Lights Pig Roast, which has been occurring at the Blacksmith Lounge for over 30 years. These events require City Council approval because they will be serving alcohol, some events expect over 200 people, and an amplified speaker system will be used. Staff had received the completed application, fee, and signed Hold Harmless Agreement. Adoption of the Consent Agenda approved the Special Event Permit for the Blacksmith Lounge for their 2019 events. Approve Ordinance Amendment to Allow 8 a.m. Sunday Sales for On -Sale Licenses In 2015, MN State Statute 340A.504 was amended to allow the sale of on -sale intoxicating liquor on Sundays to begin at 8 a.m. instead of 10 a.m. In Hugo City Code, hours of sale are as Hugo City Council Meeting Minutes for March 18, 2019 Page 5 of 8 authorized under state law; however, the section of Hugo City Code that references Sunday Licenses specifically states that sales cannot begin prior to 10 a.m. Staff had received a request from the Hugo American Legion to amend the City Code to allow sales at 8 a.m. on Sunday's. Adoption of the Consent Agenda approved ORDINANCE 2019-494 AMENDING CHAPTER 6-ALCOHOLIC BEVERAGES TO ALLOW FOR 8 A.M. SUNDAY SALES. Approve Right-of-way and Telecommunications Ordinance Amendments to Regulate Small Wireless Facilities A small wireless facility, also known as a small cell, is a newer technology that is a complimentary piece of equipment to traditional cell towers and provides additional cellular data coverage. Recently, there was an amendment to State Statute regarding the regulation of small wireless facilities. The amendments have streamlined the permitting process for placement or collocation of small wireless facilities on city -owned structures in public right-of-way by allowing them as a permitted use in all zoning districts except historic and residential. However, the law also allows cities to manage small wireless facilities through a permitting process, including a collocation agreement and ordinances. Staff recommended approval of the amendments to update the right-of-way and telecommunications ordinance per the new amendment to State law to prepare for the eventual deployment of small wireless facilities within the community. At its February 28, 2019, meeting, the Planning Commission considered and held a public hearing on the ordinance amendments. The Planning Commission agreed with revisions and recommended approval. Adoption of the Consent Agenda approved ORDINANCE 2019-495 RELATING TO AND REGULATING PUBLIC RIGHT-OF-WAY AND TELECOMMUNICATIONS. Approve Assignment of Agreement for Municipal Advisor Services Since 2001, Springsted, Inc., had been the City's financial advisors. On January 10, 2019, Springsted announced its intention to combine with Baker Tilly Virchow Krause, LLP, a financial services and accounting firm. Following the closing, the combined firm will operate its public sector advisory business under the name Baker Tilly Municipal Advisors, LLC. Springsted staff has been invited to join Baker Tilly. Springsted had requested the City consent to the assignment of the current agreement for municipal advisor services to Baker Tilly. This was a procedural matter and the transition would be seamless. Adoption of the Consent Agenda approved the Consent to Assignment and authorize the City Administrator to execute the document. Elmcrest Avenue and East Cedar Street Joint Powers Agreement between the City of Hugo and the City of Lino Lakes At its January 22, 2019, Goal Setting Session, Council discussed the need to work with the City of Lino Lakes on the paving of Elmcrest Avenue and East Cedar Street in Lino Lakes. Staff from both Cities have been meeting to discuss the potential of a joint project to address concerns raised by residents over the years regarding the condition of the gravel sections of Elmcrest Avenue and East Cedar Street. Hugo Public works applies calcium chloride and grades the roadways, however higher traffic volumes on these roadways resulted in deteriorated and dusty roadway conditions. On February 5, 2019, Hugo staff and Mayor Weidt had met with Lino Hugo City Council Meeting Minutes for March 18, 2019 Page 6 of 8 Lakes staff (Mayor Reinert was unable to attend due to weather conditions) to discuss a joint project. Staff from both Lino Lakes and Hugo felt it was important that both projects move forward concurrently and that economies of scale would provide efficiencies resulting in lower project costs and would help with traffic patterns and maintenance needs. Mark explained the proposed improvements and the Joint Powers Agreement that would include both cities being responsible for their share of engineering and design cost and prorating fees bases on the percentage of construction costs. WSB would design the project on behalf of both cities, and since Lino Lakes has a larger share of the project, it was proposed they would be the primary holder of the construction contract. Lino Lakes approved the agreement at its March 11, 2019, City Council meeting, and Mark recommended Council approve the agreement also. Mark explained the cost would be $785,000, and Hugo would be responsible for 37% of the project, $295,000, and there would be no assessments for Hugo's share. Cost of improvements were discussed with Finance Director Ron Otkin, and since other projects came in under budget, the City could incorporate it into the road improvement program and use road improvement funds. No acquisition of right-of-way was anticipated. Weidt asked how it would be put out to bid, and Mark replied that the City would be on a similar track with the Lino Lakes. At Lino Lakes' next meeting, they will be requesting authorization to prepare plans and specifications, and Hugo would do the same at its next Council meeting. Lino Lakes would then accept bids and, prior to awarding the Contract, the City of Hugo can review them. Klein made motion, Petryk seconded, to approve RESOLUTION 2019-13 APPROVING JOINT POWERS AGREEMENT WITH THE CITY OF LINO LAKES 24TH AVENUE/ELMCREST AVENUE AND EAST CEDAR STREET. All Ayes. Motion carried. Update on Yellow Ribbon Network Council Members Chuck Haas and Phil Klein updated the Council on the activities of the Yellow Ribbon Network to date. Pictures were shown of airmen the YRN sends coffee to and a picture of refueling. There were also thank-yous for care packets and for blankets made by Oneka Elementary Students. Haas added that the soldiers like to use them for their movie nights. There was also a thank -you from Task Force Spartan. One hundred fifty soldiers returned from overseas after nine months in Kuwait. WSB had donated money for toiletries in care packages that were sent to them. Hamburger night is next week sponsored by the Arcand family and Oneka Ridge Golf Course. The YRN helped a solider connect with someone to assist with abasement flooding problem. Hugo Good Neighbor Food Shelf Pasta Dinner on Friday, March 22, 2019 City Administrator Bryan Bear reminded Council a meeting was scheduled to attend the Hugo Good Neighbors Food Shelf's 8th Annual Pasta Dinner on Friday, March 22, 2019, from 6-9 p.m. at the Hugo American Legion. This is a fundraiser to help feed over 175 families per month in the Hugo, Centerville, Lino Lakes, and White Bear Lake Area. Hugo City Council Meeting Minutes for March 18, 2019 Page 7 of 8 Hugo and Oneka Elementary PTO Game Night on Friday, March 29, 2019 City Administrator Bryan Bear reminded Council a meeting was scheduled to attend the Hugo Elementary and Oneka Elementary School PTA's Game Night for adults 21 years and older. This event will take place on March 29, 2019, from 6-10:30 p.m. at the Hugo American Legion. Short Line Railroad Event on Friday, April 12, 2019 City Administrator Bryan Bear informed Council they had been invited to attend the open house and tour of Hugo businesses, Schwieters and Loadmaster Lubricants, to showcase the impact of the success of receiving $1.5 million in appropriations from the legislature to save and rehabilitate the Hugo short line rail. The event will take place on Friday, April 12 beginning at 10 a.m. This event will be hosted by the City of Hugo, Washington County, and the White Bear Area Chamber. Klein made motion, Petryk seconded, to schedule a meeting to attend the Short Line Railroad Event on April 12, 2019. All Ayes. Motion carried. Metro Cities Annual Meeting on Wednesday, April 24, 2019 City Administrator Bryan Bear informed Council they had been invited to attend the Metro Cities Annual Meeting on Wednesday, April 24, 2019, at the Como Park Zoo and Conservatory from 5:30 — 7:30 p.m. Petryk made motion, Miron seconded, to schedule a meeting to attend the Metro Cities Annual Meeting on April 24, 2019. All Ayes. Motion carried. East Metro Water Education Workshop on Thursday, April 25, 2019 City Administrator Bryan Bear informed Council the East Metro Water Resource Education Program was holding several workshops on wetlands and planting for clean water. One will be held in Hugo on Thursday, April 25, 2019, from 6-7:30 p.m. at Hugo City Hall. Klein made motion, Haas seconded, to schedule a meeting to attend the East Metro Water Education Workshop on April 25, 2019. All Ayes. Motion carried. Habitat for Humanity Home Dedication Ceremony on Saturday, April 13, 2019 City Administrator Bryan Bear added this to the agenda to informed Council they were invited to attend the Homes for Habitat Dedication Ceremony on Saturday, April 13, 2019. The event will take place at 14954 Generation Avenue N. at 10 a.m. Hugo City Council Meeting Minutes for March 18, 2019 Page 8 of 8 Petryk made motion, Klein seconded, to schedule a meeting to attend the Habitat for Humanity Home Dedication Ceremony on April 13, 2019. All Ayes. Motion carried. Adjournment Miron made motion, Klein seconded, to adjourn at 8:43 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk 14669 Fitzgerald Avenue North • Hugo, MN 55038 PRESENT: Klein, Miron, Petryk, Weidt ABSENT: Haas Minutes HUGO CITY COUNCIL MEETING HGNFS PASTA DINNER HUGO AMERICAN LEGION FRIDAY. MARCH 22.2019 — 6:00 P.M. The Hugo City Council attended the Hugo Good Neighbors Food Shelf's 8th Annual Pasta Dinner on Friday, March 22, 2019, from 6-9 p.m. at the Hugo American Legion. This was a fundraiser to help feed over 175 families per month in the Hugo, Centerville, Lino Lakes, and White Bear Lake Area. Respectfully Submitted, Michele Lindau City Clerk CITY OF 14669 Fitzgerald Avenue North • Hugo, MN 55038 PRESENT: Klein, Miron, Petryk, Weidt ABSENT: Haas Minutes HUGO CITY COUNCIL MEETING 1001h BIRTHDAY CELEBRATION HUGO AMERICAN LEGION SUNDAY. MARCH 24.2019 —1:00 P.M. The Hugo City Council attended the 100th Birthday Parry for Joe Marier held at the Hugo American Legion from 1-5 p.m. Family and friends were invited to join the celebration. Respectfully Submitted, Michele Lindau City Clerk Vendor City of Hugo Claims April 1, 2019 Invoice Amount Allstream 16006309 AutoNation Inc 487340 AVVR, Inc INV-04515 Christianson, Paul CLAIM Cintas Corporation February Cintas Corporation February Cintas Corporation February Cintas Corporation 5013208448 Cintas Corporation 5013208448 City of Roseville 225715 City of Roseville 225591 Companion Animal Control LLC January Companion Animal Control LLC February Cornerstone Occupational Health Spec. FINNEG0000 De Lage Landen Financial Services Inc 62819156 Dell Marketing LP 10301375167 Dell Marketing LP 10301375175 Dell Marketing LP 10301735215 Dell Marketing LP 10301965717 Dell Marketing LP 10301965725 Dell Marketing LP 10301965733 Electro Watchman Inc 325787 Goodin Company 02324436-00 GovOffice LLC 44562 GovOffice LLC 44562 GovOffice LLC 44562 GTS Educational Events IZA002S Hach Company 11382412 Holiday Companies 14112010 Hotsy Equipment of Minnesota 62687 Hugo Equipment Company 136633 Hugo Equipment Company 136766 Instrumental Research Inc 1666 Kieffer, Rick CLAIM Landform 28814 Landform 28813 Laughlin's Pest Control 25729 LeTourneau Electric Inc 7347 MacQueen Equipment Inc P17123 MacQueen Equipment Inc W03410 Marco INV6113507 McCullough, Ryan CLAIM Menards 5232 Menards 5338 Menards 5338 Minnesota Cleaning Services Inc j 0419P01 Minnesota Cleaning Services Inc 0419P02 Minnesota Cleaning Services Inc 0419P02 Minnesota Cleaning Services Inc 04191303 Minnesota Department of Health - 12572 I'drinesota Department of Health 8412 Minnesota Rural Water Association Registration Municipal Code Corporation 325610 Neopost USA Inc 15686269 Otter Lake Animal Care Center 190967 Press Publications 620583(2) Sensible Land Use Coalition 200004386 Sensible Land Use Coalition 200004386 Sensible Land Use Coalition 200004386 Sensible Products Inc 7454 Sun Life Financial April T-Mobile 870254054 T-Mobile 870254054 Tri-State Bobcat E25285 Twin City Hardware PS10007429 Winnick Sunray 379409 Ziegler Inc PC200208840 Total Claims for April 1, 2019 $ 92.29 Fax Lines $ 77.76 Repairs - Unit #CV3 $ 105.00 Screen for Movie Night $ 110.87 Lodging - MN Rural Water Assn Conference $ 336.44 Cleaning Supplies $ 1,480.82 Uniform & Floor Mat Services $ 724.35 Supplies & Floor Mat Services $ 136.10 First Aid Su. -,plies $ 84.97 First Aid Supplies $ 2,326,00 2019 Laserfiche Maintenance $ (652,00) Adjustment - January Computer Service $ 326.98 Callout Fees & Mileage $ 246.62 Callout Fees & Mileage $ 100.00 Employment Testing - Elizabeth Finnegan $ 311,37 March Copier Lease Payment $ 573.00 Desktop Comr uter $ 132.34 Monitor $ 705.34 Desktop Computer & Monitor $ 705.34 Desktop Computer & Monitor $ 573.00 Desktop Computer $ 705.34 Desktop Computer & Monitor $ 155.00 Tech Support - Access Control System $ 37.58 Pipe $ 850.00 Web Hosting thru March 2020 $ 250.00 Extended Storage Plan $ 350.00 Sunerforms Annual Service Package $ 150.00 Land Use Planning Workshop - Emily Weber $ 53.54 Water Testing Supplies $ 131.31 Fuel - Unit #204 $ 559.20 Bulk Soap, Parts & Repairs for Washbay $ 39.94 Parts - Unit #453 $ 2.59 Parts - Unit #304 $ 100.00 Water Bacteria Testing $ 105.87 Lodging - MN Rural Water Assn Conference $ 3,100.75 2040 Comp Plan $ 274.50 Rosemajy A;_jartments'Frenchman 1st) $ 85.00 March Pest Control Service (CH) $ 224.00 Repairs - Truck Bay Exhaust Fan $ 30.00 Hardware for Easement Machine $ 1,121,00 Repairs-Unit#209 $ 35.00 March Copier Maintenance $ 140.24 Work Boot Reimbursement $ 178.81 Fire Department Supedies $ 7.48 Hardware $ 21.98 Trash Bays $ 605.00 March Cleaning Service $ 500.00 March Cleaning Service $ 225.00 March Cleaning Service $ 100.00 March Cleaning Service - Hanifl $ 23.00 Water Operator Renewal - Ryan McCullough $ 23.00 Water Operator Renewal - Jeff Maas $ 240.00 Conference Registration - Jeff Maas $ 408.91 Supplement Pages $ 140.00 Ink Cartridge $ 650.00 Boarding & Rescue Fees $ 44.76 Planning Commission Public Hearing Notice $ 48.00 Meeting Registration - Bryan Bear $ 48.00 Meeting Registration - Rachel Juba $ 48.00 Meeting Registration - Emily Weber $ 148.02 Mounting Brackets -Unit #L1 $ 799.59 Disability Premium $ 1,239.31 Cellular Phone Charges $ 179.97 Equipment Purchases $ 1,600.00 Chipper Rental (Tree Trimming) $ 688.80 Door Closers (CH; $ 31.04 Pipe $ 459.00 Parts - Unit #316 $ 25,455.12 G. 1 Department Administration Fire Dept Parks Dept Water & Sewer Various Various Fire Devi Public Works Gen Gov't Bldgs Administration Various Animal Control Animal Control Engineering Dei-t Administration Street Dept Street Dept Building Inspections Street Dept Building Inspections Fire Dept Gen Gov't Bldgs Fire Dept Administration Administration Administration Community Development Water Utility Street Dept Public Works Street Dept Street Dept Water Utilit', Water & Sewer Planning & Zoning Deposits Gen Gov't Bldgs Fire Dept Sewer Utility Sewer Utility Building Inspections Parks Dept Fire Dept Fire Dept Parks Dept Gen Gov't Bldgs Public Works Fire Dei,t Parks Dept Water Utility Water Utility Water & Sewer City Clerk Administration Animal Control Ord i nances/Proceedings Administration Planning & Zoning Community Development Fire De[:t Finance Dept Various Various Street Dept Gen Gov't Bldgs Fire Dept Stormwater Fund Page 1 CITY OF EST. 1906 To: Hugo City Council From: City Clerk Michele Lindau Date: March 19, 2019 for Council Meeting on April 1, 2019 Memorandum Re: Drug and Alcohol Testing for Commercial Drivers Policy, Elimination of the Motor Vehicle Safety Policy, and Revisions to the Personnel Policy In response to regulations issued by the United States Department of Transportation (DOT), staff is requesting Council approve the adoption of the attached policy on drug and alcohol testing for commercial drivers. This policy would apply to employees who hold CDLs (Commercial Drivers Licenses) for the purpose of carrying out "safety - sensitive duties" using City vehicles. These would include Public Works employees who drive vehicles with a gross combination weight rating or gross combination weight of 26,001 pounds or more. This policy does not pertain to firefighters. The Federal Highway Administration has granted states the option of waiving CDL requirements for firefighters, and the state of Minnesota has opted to not require it. Hugo's Personnel Policy requires each employee, as a condition of employment, to participate in a pre -employment drug test and be subject to post -accident, return -to -duty, reasonable suspicion, random and follow-up testing upon selection or request of management. Adoption of the Drug and Alcohol Testing for Commercial Drivers Policy would further required CDL holders to be part of a pool of drivers that will be subject to unannounced alcohol and controlled substance testing on a random selection basis. Public Works employees will be registered in a pool with approximately 250 other members. This pool is managed by Cornerstone Occupational Health Specialists in Hugo located on Mercantile Drive. Cornerstone uses a computerized program as a scientifically valid method to draw names for random testing. Federal law requires a test rate of at least 25% of the average number of drivers and 10% for alcohol each year, and these rates are subject to change by the DOT. Cornerstone will send notice of the selected employees to the designated City representative, the City Clerk, who will notify the Public Works Director and schedule the test. The Drug and Alcohol Testing Policy covers collection and testing procedures, review and notification of test results, and consequences for drivers engaged in prohibited conduct. In addition to approval of the Drug and Alcohol Testing Policy, staff is requesting Council approve elimination of the Motor Vehicle Policy and move certain items from the Motor Vehicle Policy to the general Personnel Policy. The current Motor Vehicle Safety Policy requires annual driving records checks to be done on all employees. Through these annual checks, points are to be applied to violations and certain actions are to be taken based on points. Staff feels these annual checks are unnecessary since the Motor Vehicle Safety Policy does require any employee operating a City vehicle to notify their department head should they lose their driving privileges or become uninsurable for motor vehicle operation for any reason. The policy also requires the Washington County Sheriff s Office to conduct a driving record check prior to hiring any person for a position that requires the operation of a motor vehicle. Staff feels these requirements are sufficient and would like to move them to its own section in the personnel policy. The Motor Vehicle Safety Policy also has a section on "Reporting" which is done differently than the City's current practice with OSHA, and should be eliminated. Staff recommends Council approve adoption of the Drug and Alcohol Testing Policy for Commercial Drivers, elimination of the Motor Vehicle Safety Policy, and revisions to the Personnel Policy as referenced above. City of Hugo, Minnesota Drug and Alcohol Testing for Commercial Drivers Policy Contents Purposeand Objectives.................................................................................................................................2 Persons Subject to Testing & Types of Tests................................................................................................2 Pre -Employment Testing..................................................................................................................3 Post -Accident Testing......................................................................................................................3 Post- Accident Alcohol Testing.......................................................................................................4 RandomTesting...............................................................................................................................5 Reasonable Suspicion Testing..........................................................................................................5 Return -to -Duty Testing....................................................................................................................6 Follow -Up Testing...........................................................................................................................6 Required Prior Controlled Substance and Alcohol Checks for Applicants...................................................7 ProhibitedConduct........................................................................................................................................7 Under the influence of alcohol when reporting for duty or while on duty.......................................7 On -Duty Use of Alcohol..................................................................................................................7 Alcohol Use Following an Accident................................................................................................7 Refusal to Submit to a Required Alcohol or Controlled Substance Test.........................................7 Altering or attempting to alter a urine sample or breath test............................................................8 ControlledSubstance Use................................................................................................................8 Controlled Substance Testing...........................................................................................................8 Collection and Testing Procedures................................................................................................................8 AlcoholTesting................................................................................................................................9 Controlled Substance Testing...........................................................................................................9 Reviewof Test Results................................................................................................................................10 Notificationof Test Results.........................................................................................................................11 Employees......................................................................................................................................11 Rightto Confirmatory Retest......................................................................................................... I I DiluteSpecimens............................................................................................................................11 Consequences for Drivers Engaging in Prohibited Conduct.......................................................................11 JobApplicants................................................................................................................................11 Employees......................................................................................................................................11 Loss of CDL License for Traffic Violations in Commercial and Personal Vehicles..................................13 Maintenance and Disclosure of Records.....................................................................................................13 Policy Contact for Additional Information.................................................................................................13 Definitions...................................................................................................................................................13 City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 1 Purpose and Objectives The City of Hugo ("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 section in the Personnel Policy on Drug Testing (Section 21.0) 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 and be incorporated into 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 whose 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 2. Have a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds whichever is greater; or City of Hugo Adopted — DOT Drug and Alcohol Testing for Commercial Drivers Page 2 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). City 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 (except time spent resting in a sleeper berth) • all time loading or unloading a commercial motor vehicle, attending the same, giving or receiving receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle • all time repairing, obtaining assistance, or attending to a disabled 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. Post -Accident Testing. As soon as practicable following an accident involving a commercial motor vehicle operating on a public road or on any public property, the City will test each surviving driver for controlled substances and alcohol when the accident involves a fatality or the driver receives a citation for a moving traffic violation from the accident. City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 3 The following chart summarizes when DOTpost-accident testing needs to be conducted: Citation issued to Test must be Type of accident involved the DOT covered performed. CDL driver? by the City YES YES i. Human fatality NO YES I Bodily injury with immediate YES YES medical treatment away from NO NO the scene 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 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. City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 4 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 that drivers may be selected and tested more than once, and others not at all. If a driver is selected for a random test while he or she is absent, on leave or away from work, that driver may be required to undergo the test when he or she returns to work. For 2019, federal law requires the City to test at a rate of at least twenty-five percent (25%) 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, 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. City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 5 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 Federal Motor Carrier Safety Administration (FMCSA) or DOT rules or this policy, subject to the City's Personnel Policy. 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 the City's Personnel Policy. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers. 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 City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 6 employees. The driver must pay for the cost of all requested confirmatory re -tests, return -to -duty, and follow-up testing. 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, compensatory PTO, or another appropriate leave of absence for hours missed from work. On -Duty Use of Alcohol. No driver may use alcohol while performing safety -sensitive functions. Pre -Duty Use of Alcohol. No driver may perform safety -sensitive functions within four (4) hours after using alcohol. If an employee has had alcohol within four hours they are to notify their supervisors before performing any safety -sensitive functions. Alcohol Use Following an Accident. No driver required to take a post -accident alcohol test may use alcohol for eight (8) hours following the accident, or until the driver undergoes a post -accident alcohol test, whichever occurs first. Refusal to Submit to a Required Alcohol or Controlled Substance Test. No applicant or driver may refuse to submit to pre -employment, post -accident, random, reasonable suspicion or follow-up alcohol or controlled substance testing. 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 and including termination. If an applicant refuses to submit to pre -employment controlled substance testing, any applicable conditional offer may 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. City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 7 • Fails to report for testing within a reasonable period of time, as determined by the City. • Fails to remain at a testing site until testing is complete. • In the case of directly observed or monitored collection, fails to permit observation or monitoring. • Fails or declines to take a second test as required by the City and/or collector. • Fails to undergo a medical examination as directed by the City pursuant to federal law. • Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise cooperate in any way that prevents the completion of the testing process. • Engages in conduct that clearly obstructs the test process. Altering or attempting to alter a urine sample or breath test. A driver altering or attempting to alter a urine sample or controlled substance test, or substituting or attempting to substitute a urine sample, will be subject to providing a specimen under direct observation. Both specimens will be subject to laboratory testing. In such case, the employee maybe subject to immediate termination of employment, and any job offer made to an applicant may 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. 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. City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 8 Alcohol Testing. Employees will be tested for alcohol just before, during, or immediately following performance of a safety -sensitive function. If a driver is also taking a DOT controlled substance test, generally speaking, the alcohol test is completed before the urine collection process begins. Screening tests for alcohol concentration will be performed utilizing a non -evidential screening device included by the National Highway Traffic Safety Administration on its conforming products list (e.g., a saliva screening device) or an evidential breath testing device ("EBT") operated by a trained breath alcohol technician ("BAT") at a collection site. An alcohol test usually takes approximately 15 minutes if the result is negative. If a driver's first attempt is positive (with an alcohol concentration of .02 or greater), the driver will be asked to wait at least 15 minutes and then be tested again. The driver may not eat, drink or place anything in his/her mouth (e.g., cigarette, chewing gum) during this time. All confirmation tests will be conducted in a location that affords privacy to the driver being tested, unless unusual circumstances (e.g., when it is essential to conduct a test outdoors at the scene of an accident) make it impracticable to provide such privacy. Any results less than 0.02 alcohol concentration is considered a "negative" test result. If the driver attempts and fails to provide an adequate amount of breath, he/she will be referred to a physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the City by the collection site staff. Controlled Substance Testing. The City will use a "split urine specimen" collection procedure for controlled substance testing. Collection of urine specimens for controlled substance testing will be conducted by an approved collector and will be conducted in a setting and manner to ensure the driver's privacy. Controlled substance testing generally takes about 15 minutes. At the collection site, the driver will be given a sealed container and must provide at least 45 ml of urine for testing. Once the sample is provided, the collection personnel will check the temperature and color and look for 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 City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 9 consider the test to have been canceled. If a licensed physician cannot make such a determination, the City will consider the driver to have engaged in a refusal to test and will take appropriate disciplinary action under this policy. The primary specimen is used for the first test. If the test is negative, it is reported to the MRO who then reports the result, following a review of the CCF Form for compliance, to the City. If the initial result is positive or non -negative, a "confirmatory retest" will be conducted on the primary specimen. If the confirmatory re -test is also positive, the result will be sent to the MRO. The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the driver directly, the MRO must contact the City who will direct the driver to contact the MRO. 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. • 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 that unavoidably prevented the City of Hugo Adopted _ DOT Drug and Alcohol Testing for Commercial Drivers Page 10 employee from making timely contact. If the MRO concludes there is legitimate explanation for the employee's failure to contact within 72 hours, the MRO will direct the analysis of the split specimen. If the results of the split specimen are negative, the City may pay for all costs associated with the rest, and there will be no adverse action taken against the employee or job applicant. 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. Consequences for Drivers Engaging in Prohibited Conduct Job Applicants. Any applicable conditional offer of employment may 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. City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 11 No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may perform or continue to perform safety -sensitive functions for the City, including driving a commercial motor vehicle, until the start of the driver's next regularly scheduled duty, but not less than twenty-four (24) hours following administration of the test. If a driver tests positive under this policy, or is found to have an alcohol concentration of .02 or greater but less than .04, the driver will be removed from safety sensitive duties and escorted home; the driver should not drive home, but be escorted to his or her home. The driver will then be placed on vacation, compensatory, PTO,or another appropriate leave of absence 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 the personnel policy. 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. City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 12 • Refusal to test All drivers and applicants have the right to refuse to take a required alcohol and/or controlled substance test. If an employee refuses to undergo testing, the employee will be considered to have tested positive and may be subject to disciplinary action, up to and including termination. Refer to Refusing to Test provided earlier in this policy. • Responsibility for Cost of Evaluation and Rehabilitation Drivers will be responsible for paying the cost of evaluation and rehabilitation (including services provided by a Substance Abuse Professional) recommended or required by the City or FMCSA or DOT rules, except to the extent that such expense is covered by an applicable employee benefit plan. 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. 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 your immediate supervisor or the City Administrator to obtain additional information. 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). City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 13 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 The City of Hugo 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, 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 City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 14 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 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. City of Hugo Adopted _ DOT Drug and Alcohol Testing for Commercial Drivers Page 15 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: 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 except time spent resting in a sleeper berth (a berth conforming to the requirements of 49 C.F.R. § 393.76); • All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and • All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 49 C.F.R. § 382.107. City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 16 Screening Test (also known as Initial Test): In alcohol testing, means 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. City of Hugo Adopted DOT Drug and Alcohol Testing for Commercial Drivers Page 17 CITY OF T } To: Hugo City Council From: City Clerk Michele Lindau Special Event Permit Date: March 21, 2019 for Council Meeting on April 1, 2019 Re: Oneka Elementary 5K Color Run on Saturday, May 4, 2019 1. BACKGROUND: Memorandum Oneka Elementary has submitted a Special Event Permit application for approval of a 5K Color Run on Saturday, May 4, 2019. This event requires a Special Event Permit approved by Council because the event is expected to draw approximately 800 runners and will include the use of City trail/sidewalks/streets. 2. DESCRIPTION OF EVENT: A Color Run is a fund-raising event for the Oneka Elementary and Hugo Elementary school. Students and families will get donations and earn rewards for the amount of money raised for participation in the 5K run/walk. This is their fourth annual event, and will be conducted as follows: • Organizers will set up the event between 8-9 a.m. Registration will be from 8:30- 10:00 a.m., and the run will begin at 10 a.m. The run will take place along Oneka Parkway from the Oneka Elementary School towards CSAH 8 and back. With the number of runners expected, it will be necessary to close Oneka Parkway for the race. All residential areas have an alternate means of accessing their homes except the homes along Farnham Ave, north of Oneka Parkway. A Washington County Deputy will be stationed at that intersection to allow traffic to go across the Parkway on Farnham, allowing vehicles to enter/exit that neighborhood. Another deputy and car will be stationed at the Oneka Parkway/Frenchman Road intersection to prevent vehicles from entering. All other intersections will have adult crossing guards to block traffic and direct runners. The run is expected to last approximately two hours, and the road will be reopened immediately after all runners/walkers return to the school. • Limited parking will be at the front entrance parking lot at Oneka Elementary Participants are instructed to walk to the school if possible. • Color packets will be sprayed on runners at specified locations along the route. • A PA system will be used for announcements and a DJ playing until approximately noon. 9 Water and fruit will be available free of charge. • There will be an inflatable arch at the beginning/end of the race. • Race organizers are working on having a Hugo Fire Department vehicle at the event, and they will have staff trained in first aid. 3. CONDITIONS The applicant has provided the City the completed permit, signed Hold Harmless Agreement, and permit fee. In accordance with this permit, the applicant shall conduct the event as described on their application and herein in addition to the following conditions. Prior to the Event 1. The applicant shall provide the City a copy of the insurance for the event. 2. All tents and inflatables will be anchored per manufacturer's instructions. 3. The applicant shall secure Washington County Sheriff's Deputies to be stationed at specified intersections during the event, as recommended by the Sheriff's Department. 4. One week prior to the event, the applicant will contact the Hugo Public Works Director on the placement of the electronic sign at the Frenchman Road/Oneka Parkway intersection notifying road users that Oneka Parkway will be closed on May 12 from approximately 8:45 a.m. — noon at the latest. 5. The applicant will contact the Hugo Public Works Director to confirm the drop off cones/barricades along Oneka Parkway at all intersections to be closed. 6. The applicant will notify all HOA's in the area of the road closure so they may get the word out to their residents. 7. The applicant will place signage along the route notifying residents that a race is in progress, as well as directional markers and caution signs. 8. All crossing guards will meet prior to the race with the Washington County deputies working the event to discuss procedures to follow along the route and at all intersections. During the Event 9. The applicant shall conduct the event in accordance with the approved plans submitted with the application. 10. The applicant and all volunteers will comply with all directions from the Washington County Deputies. 11. Adult volunteer crossing guards will block off the intersection with cones and barricades at approximately 9:15 a.m. and remain at the intersection until all run/walkers are done using the Parkway. 12. Adult crossing guards will be at all intersections to direct runners and ensure vehicular traffic does not enter the Parkway. Guards will also have the ability to contact a deputy should a problem arise. 13. Color packets will not be directed towards or sprayed near any vehicle, private property, or individual not participating in the event. 14. No food will be prepared and served on site. 15. There will be two water stations along the route. 16. Staff trained in first aid will be available during the race. 17. Weather conditions will be monitored during the event and delays/cancellations will be determined by the opinions of medical, security and police staff. Participants will be directed to the school gymnasium if necessary. After the Event 18. All garbage shall be removed from the school property and streets and properly disposed of. 19. Barricades will be immediately moved to allow normal traffic flow, and Public Works will pick up the barricades following the event. 20. All signage visible from a public street will be removed immediately after the close of the event. 4. CONCLUSION/RECOMMENDATION: The applicant has held this event for the past three years with no impact to the health, safety, and welfare of the residents of Hugo and participants of this event. Oneka Elementary has agreed to the above conditions, and staff recommends Council approve the Special Event Permit for the Color Run on Saturday, May 4, 2019. Minor changes to this permit may be approved by City staff. Changes staff deems to be significant will require Council review and approval. 14669 Fitzgerald Avenue North, Hugo, MN55038 • (651) 762-6300 www.ci.hugo.mn.us Special Event Permit Application Procedures for processing special event permits are found in Hugo City Code Chapter 90, Section 90-37.2. Any individual or organization holding an event or temporary use of a property which includes erecting temporary structures, offering food/beverages, or affecting traffic or parking requires a special event permit. Outdoor events, tent sales, employment fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit. Applicant (Applicant will receive all correspondence from the City): Contact Person:Jennifer Larson Address 4567 Empress Way Phone 651-592-7445 Signature of Applica Event Information Ce City Hugo Type of Event 5K Color Run School Fundraiser Address: 14895 Francesca Ave, Hugo Property Owner/Manager: Contact Person: Address Phone Cell City _State MN Zip 55038 Emailjennifer.larson30@gmail.com Email Date 3/14/2019 Date: May 4th, 2019 State _.Zip Description of Event -Please review the items on the check list on the back of the application for information that is required to make this application complete. If there is not enough room below to describe the event please submit on a separate sheet of paper. This will be a family friendly 5K run that will start and end at Oneka Elementary. The race will commence at 10am and typically in the past has ended with the last runner in at 1 lam The 5K will go down Oneka Parkway to Hwy 14 and turn at that intersection, then go back up Oneka Parkway to Oneka Elementary. We will need to have police officers at the main intersection of Oneka Parkway and Heritage Parkway and then another police officer at the intersection of Hwy 14 and Oneka Parkway. Road blockage will be needed in between those two points as well. For Office UOnly I Fee Paid IS 10 0 Date - I Li — t ❑Yes ❑ No ❑Yes with conditions below City Council Meeting Date Conditions: Clerk Signature Event Description The Hugo and Oneka 5K Color Run is a fund-raising event for the Oneka Elementary and Hugo Elementary schools. Students and families will get donations and earn rewards for the amount of money raised for participation in the 5K family run/walk. The run will take place on Oneka Parkway beginning at the school, south along the east side of Oneka Parkway to Frenchman Road, north along the west side of Oneka Parkway, and ending back at the school. Washington County Deputies will be stationed at the halfway point of the race, at the Frenchman/Oneka Parkway intersection, and the Oneka Parkway/Farnham Road intersection. Adult crossing guards will be at all other intersections to block any traffic from entering onto Oneka Parkway and to direct runners. There will be four color stations along the route where participants are sprayed with a non -toxic water-soluble color. Registration will be from 8:30 a.m. to 9:30 a.m. The race will begin at 10 a.m. and will end around 11 am, when the last runner comes through the finish line. Parking will be at the front entrance of the school and the event activities will be held in the busing area where there will be a DJ playing from 9 a.m. to 11 a.m. Muffins, apples, bananas and water will be supplied free of charge by Meister's Bar and Grill in Scandia. Two 10' X 20' tents will be used and there will be an inflatable arch at the beginning/end of the race. Additional Information • We estimate 800 people will attend. • We will need road crossing barriers delivered before 8:00 am the morning of May 4th for each of the 6 Oneka Parkway intersections, (15) total barriers. (4) at Frenchman/Oneka Parkway intersection, (1) at 149a'/Oneka Parkway intersection, (4) at Farnham/Oneka Parkway intersection, (1) at the Northern Farnham/Oneka Parkway intersection, (4) at Heritage/Oneka Parkway intersection, and (1)at 159d'/Oneka Parkway intersection. • No Parking and Race In Progress signs will be used to direct car traffic away from race course. School" o+` N i 6 S"Fn StN C9 .. FarMam W N r Neriiege> - all E CDID'iA g _I Z 7� Faram Ave,N z 1 o` �s a a LLfoLcana� w a Shy(+� Commu!`. �as.ociation g rri t IN jY� D J1) z riV m a P t �a F1ity0itV � 'V 9. +ggth SR N Hold Harmless Agreement The Owner and Permit holder shall hold harmless, indemnify and defend the City of Hugo, its employees, agents, independent contractors and insurers from all claims, demands, suits, damages including reasonable attorneys fees incurred by the City, which arise from or relate to the Owner and Permit holder's activities whether or not suit is commenced. Imo`- 3 �. Property Owner Signature Date Za-4�M, 3/26/2019 1 mit H der Signature Date AC"REP CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYM 3/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 2850 Golf Road Rolling Meadows IL 60008 INSURED Minnesota Insurance Scholastic Trust White Bear Lake Area Schools ISD#624 4855 Bloom Avenue White Bear Lake MN 55110 COVERAGES CERTIFICATE NUMBER: 504202733 NAME: � � Katie Navin PHONE FAX L'C. tro. Esta 630-228-6665 (A/C, No: E-MAIL ADDRESS: katie—navinr ajg.com INSURERIS) AFFORDING COVERAGE NAIC # INSURER A: Underwriters at Lloyd's London 15792 INSURER B : INSURER C : INSURER D : INSURER E : REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR - LTR TYPE OF INSURANCE - POLICY NUMBER fMM DDIYEYYY iMM/ D� LIMITS A X COMMERCIAL GENERAL LIABILITY _ PK1019118 7/1/2018 7/1/2019 EACH OCCURRENCE $4,000,000 CLAIMS -MADE FR OCCUR DAMAGE TOIRENTED PREM SES Ea occurrence, $ 1,000,000 X $100,Oo0POOL SIR _ MED EX (Any one person) _ $ 5,000 PERSONAL &ADV INJURY _ $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 8,000,000 X POLICY ❑ PRO- � LOC __ — -- JECT PRODUCTS-COMP/OPAGG _ $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY PK1019118 7/1/2018 7/l/2019 COMBINED MBI EDtSINGLELIMITfEa $4,000,000 X ANY AUTO I BODILY INJURY (Per person) $ OWNED SCHEDULED --- - AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ _,IPer accidence____ Comp/Coll Detl $1,000/$1,000 UMBRELLA LIAB OCCUR � EACH OCCURRENCE $ N EXCESS LIAB - .. - . CLAIMS -MADE AGGREGATE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE j ER.. ANYPROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBEREXCLUDED? NIA $ (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under -- -- DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ A School Board Legal (Claims Made) Sexual HarassmentlAbuse PK1019118 7/1/2018 7/1/2019 Per OcclAgg ! $4M/$8M i Included i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Non -Tort liability or Out -of -State Liability claims $4,000,000 Each Occurrence Limit; per Member District Non -Tort liability or Out -of -State Liability Claims $8,000,000 Aggregate Limit; per Member District. If holder is specifically listed as an additional insured refer to: Blanket Additional Insured per Certificates of Insurance Endorsement #21 added 7/1/2018 Evidence of Insurance regarding Oneka Elementary 5K Color Run on Saturday, May 4, 2019. Approximately 800 runners expected. -- liAlY {.rCLW 111UN City of Hugo 14669 Fitzgerald Avenue N Hugo MN 55038 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W •hats-ZU•Is AGORU CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 0', RCW� r ' RICE CREEK WATERSHED DISTRICT March 8, 2019 Bryan Bear City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 Re: RCWD 2019 Urban Stormwater Remediation Cost -Share Program BWSR Watershed -Based Funding Pilot Program City of Hugo— Water's Edge Stormwater Reuse Phase II Dear Mr. Bear, The Rice Creek Watershed District is pleased to inform you that your application to the District's 2019 Urban Stormwater Remediation Cost -Share (USWR) Program and BWSR Watershed -Based Funding Pilot Program (WBFPP) for the Water's Edge Stormwater Reuse Phase II project was approved for up to $185,760 in USWR and WBFPP funding by the RCWD Board of Managers on February 27, 2019. We look forward to partnering with the City of Hugo in implementing its water quality improvement project in the coming years. Please find enclosed two copies of a RCWD cost -share agreement for this project. Please sign both copies and return one fully executed copy to the RCWD. The cost -share agreement must be executed by the City and submitted to the District no later than May 31, 2019, otherwise funding for the City's project may be cancelled. Thank you for your commitment to improving water quality in the Rice Creek Watershed. If you have any further questions, feel free to contact me at 763-398-3078 or Iampedro@ricecreek.or . Sincerely, y Lauren Sampedro District Technician Enclosure: Cost -Share Agreement (2 copies) Cc w/o Enc: Mark Erichson, WSB & Associates, Inc. 4325 Pheasant Ridge Drive NE #611 1 Blaine, MN 55449 1 T: 763-398-3070 1 F: 763-398-3088 1 www.ricecreek.org BOARD OF Michael J. Bradley Barbara A. Haake Patricia L. Steven P. Wagamon John J. Waller Preiner MANAGERS Ramsey County Ramsey County Anoka County Anoka County Washington County in RICE CREEK WATERSHED DISTRICT COST -SHARE AGREEMENT COST -SHARE AGREEMENT between the Rice Creek Watershed District, 4325 Pheasant Ridge Drive NE, Suite 611, Blaine, Minnesota 55449 and City of Hugo, 14669 Fitzgerald Avenue N, Hugo, MN 55038. RECITALS WHEREAS, City of Hugo (Grantee) intends to construct a project titled "Water's Edge Stormwater Reuse Phase II" (Project). WHEREAS, the Rice Creek Watershed District (District) operates an Urban Stormwater Remediation (USWR) Cost -Share Program for the improvement and remediation of stormwater management systems in developed urban environment. WHEREAS the Rice Creek Watershed District (District) has received Watershed -Based Funding Pilot Program (WBFPP) funds from the Minnesota Board of Water and Soil Resources (BWSR) through a grant agreement dated October 10, 2018 (Attachment A, incorporated herein) and is making those funds available to eligible partners for the improvement and remediation of surface water quality within the Rice Creek Watershed. WHEREAS, in accordance with USWR and WBFPP program guidelines, the District desires to provide the Grantee cost -share assistance for the Project. THEREFORE, in consideration of mutual promises set forth herein and other good and valuable consideration, the District and the Grantee agree as follows: I. GRANTEE RESPONSIBLITIES. A. Design Plan, Operation Plan and Maintenance Plan. Design plans for the project must be signed by a licensed professional engineer or landscape architect. The Grantee will submit (1) final signed plans and specifications for the Project, and (2) an operations and maintenance plan to the District for the Administrator's written approval, not to be unreasonably withheld. The Project plans and specifications must include a public education component. The District, in its discretion, may approve a non-structural public education component. B. Construction and Maintenance. The Grantee, through its own personnel and/or contractors, will construct the Project in accordance with the approved Project plans and specifications and maintain it indefinitely in accordance with the approved maintenance plan. In doing so, the Grantee will comply with all applicable laws and regulations and will be responsible for acquiring all permits, approvals and temporary and permanent rights of access or easement. C. BWSR WBFPP Requirements. The Grantee is responsible for compliance with, and subject to all funding qualifications of, all provisions found in Attachment A. The District advises the grantee to pay special attention to the Audit, Prevailing Wage, Municipal Contracting Law, Signage and Intellectual Property requirements found in Sections 8, 15, 16, 18 and 19. The Grantee must also follow BWSR's Native Vegetation Establishment and Enhancement Guidelines. 1 D. Completion of Construction. The Grantee's licensed professional engineer or landscape architect who designed the Project will certify the completion of Project construction in accordance with the approved plans and specifications no later than October 29, 2021. The Grantee will submit to the District documentation of Project expenditures and the certification of completion no later than December 30, 2021. II. DISTRICT RESPONSIBILITIES. A. Cost -Share Funds. To defray the Project cost to the Grantee, the District will provide the Grantee cost -share assistance in an amount not to exceed $185,760. The actual amount of cost -share will be determined based on final eligible Project costs, as determined by the District. The District will follow the order of preference below in allocating cost -share funds. 1. WBFPP: The District will provide 90 percent of the Project's eligible water quality component cost, not to exceed $78,760. BWSR requires that a local match equaling 10 percent of the water quality component cost be provided by the Grantee. 2. USWR: The District will provide additional USWR funds if any eligible Project costs remain after the allocation of WBFPP grant funds and required local match per Section II.A.1. The District will provide cost -share assistance in the amount of 50 percent of the balance of the Project's remaining eligible total cost, not to exceed $107,000. B. Payment Schedule. On District approval of the Project plans, specifications, and operations and maintenance plan, certification by the Grantee that it has obtained all necessary permits and approvals, and receipt of the Grantee's issued notice to proceed, the District may disburse 50 percent of the RCWD Board approved cost -share amount upon request of the Grantee. On District receipt of the certification of completion and review of such Project documentation as it may require, the District will disburse the remaining RCWD Board approved funds. C. Contingencies. The District's obligation to provide cost -share funds is contingent on the Grantee's compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District -approved plans and specifications by October 29, 2021, and Project maintenance in accordance with the approved maintenance plan. The Grantee will return to the District any cost -share funds already received if this condition is not satisfied. Ill. MISCELLANEOUS. A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint venture or agency relationship between the parties. The District's role under this agreement is solely to assist in Project funding. District review or approval of design plans and specifications, a maintenance plan and any other Project -related documents is solely for the District's own accounting for funds expended. As between the parties, the Grantee is solely responsible for selection of the Project design and the means, method and manner of construction. Nothing in this agreement creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party. B. Employees. The Grantee represents that it has or will secure, at its own expense, all personnel and/or contractors required for the performance of this agreement. No Grantee personnel or contractor will be considered an agent, representative or employee of the District. 2 C. Liability. The Grantee agrees to hold harmless and indemnify the District, and its managers, staff and representatives, up to the maximum liability limits of Minnesota Statutes Section 466.04, against any claim, liability, expense or damage, including attorney fees, arising from the performance of this agreement. D. Assignment or Modification. This agreement binds and inures to the benefit of the Grantee and the District, and their respective successors and assigns. Neither party may assign this agreement without the prior written consent of the other. Any modification of the agreement must be in writing and signed by both parties. E. Public Documents. All submitted information, including application, conceptual design, cost estimates, bid tabulations, final designs and specifications, copies of permits and proof of expenditures will become a part of the public record. Grantee will not claim intellectual property rights in any such information. F. Effective Date. This agreement is effective as of the date all signatures below have been provided. Dated: 2019 CITY OF HUGO By: Its: Dated: M4,-Gk , 2019 RICE CREEK WATERSHED DISTRICT By: Phil Belfiori, Administor f 3 Attachment A 'Op ti. 71TV A ft, ih ;o Jim. rwom. k. as Tw -a-it dam gaalied_r d $40 ... .. ...... A All* Al Lr 2. Grantee's Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 168.97, Subd. 4(a)(1).The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation: The Grantee will implement their work plan, which is incorporated into this Agreement by reference. 2.2. Reporting: All data and information provided in a Grantee's report shall be considered public. 2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. All individual grants over $500,000 will also require a reporting of expenditures by June 30 of each year. 2.2.2.•The Grantee will prominently display on its website the Clean Water Legacy Logo and a link to the Legislative Coordinating Commission website. 2.2.3. Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2022 or within 30 days of completion of the project, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee's approved work plan. 3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement. in the performance of this Grant Agreement, timeis of the essence. 4. Terms of Payment. 4.1. Grant funds will be distributed in three Installments: 1) The first payment of 50% will be distributed after the execution of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. An eUNK Interim Financial Report that summarizes expenditures of the first 50% must be signed by the Grantee and approved by BWSR. Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment of 10% will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An el -INK Final Financial Report that summarizes final expenditures for the grant must be signed by the grantee and approved by BWSR. 4.2. All costs must be incurred within the grant period. 4.3. All incurred costs must be paid before the amount of unspent grant funds is determined. Unspent grant funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.4. The obligation of the State under this Grant Agreement will not exceed the amount stated above. 4.5. This grant includes an advance payment of 50 percent of the grant's total amount. Advance payments allow the grantee to have adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future. 5. Conditions of Payment. All services provided by the Grantee under this Grant Agreement must be performed to the state's satisfaction, asset forth in this Agreement and in the BWSR approved work plan for this program. Compliance will be determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, State, and local laws, policies, ordinances, rules, F`! 2018 Clean Water Fund Competitive Grants Policy, and regulations. All Grantees must follow the Grants Administration Manual policy. Minnesota Statutes §103C.401(2014) establishes BWSR's obligation to assure program compliance. if the noncompliance is severe, or if work underthe grant agreement is found by BWSR to be unsatisfactory or performed in violation of federal, state, or local law, BWSR has the authority to require the repayment of grant funds, or an additional penalty. 'Penalties can be assessed at a rate up to M% of the grant agreement. 6. Assignment, Amendments, and Waiver. 6.1. Assignment The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office. 6.2. Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original agreement or any amendments thereto. - , Page 2 of 4 6.3. Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 7. Liability., The Grantee must indemnify, save, and hold the State, Its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed -to bar any legal remedies the.Grantee may have for the State's failure to fulfill its obligations under this Grant Agreement. 8. State Audits. Under Minn. Stat. § 16B.98, subd. 8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt and approval of ail final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant, may be examined at any time by the Board or Board's designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch.13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. 10. Workers' Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 11. Publicity and Endorsement. 11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices, informational parnphlets,..press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Agreement. 11.2. Endorsement. The Grantee must not claim that the State endorses its products or services. 12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination. 13.1. The State may cancel this Grant Agreement at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rate basis, for services satisfactorily performed. 13.2. In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines that the appropriation .unconstitutionally substitutes for a traditional source of funding. 13.3. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the.State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. _ 14. Data Disclosure. Under Minn. Stat. § 270C.6S, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number,, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. Page 3 of 4 15. Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wages for projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. 0177.41 through 177.44. All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality. Bid requests must state the . project is subject to prevailing wage. 16. Municipal Contracting Law. Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd.1 of this statute must followthe Uniform Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in the Grantee's financial records, including support documentation justifying a single/sole source bid, if applicable. 17. Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding use of Clean Water Funds to supplement traditional sources of funding. 18. Signage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010, Chapter 361, article 3, section 5 (b) for Clean Water Fund projects. 19. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either . individually or jointly with others in the performance'ofthis grant. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State's request. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the state's ownership interest in the Works and Documents. IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. 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Each year, the City receives an allocation based 50% upon its population and 50% upon the construction Needs of its roadways. To receive funding, the City can designate up to 20% of its local streets to receive MSAS funding. The City has a total of 22.10 miles eligible to designate. Per State Aid Rules, a City is allowed to add and/or remove mileage annually, provided it meets necessary criteria, if a letter request is submitted. If the proposed route is accepted by the State Aid office, a formal council resolution adding it to the system is required prior to May 1 st. In an effort to maximize the construction Needs of Hugo's MSAS system and with the goal of strategically using the annual available allotment of State Aid funds to the City, we are recommending the following modifications to the system (illustration attached): • Revocation of Rosemary Way from Elmcrest Ave N to Victor Hugo Blvd o Segment Length: 0.13 miles • Addition of Everton Ave N from Frenchman Rd (CR 8) to 142nd St N o Segment Length: 0.45 miles • Addition of 142nd St N from Everton Ave N to Oneka Pkwy o Segment Length: 0.09 miles • Addition of Oneka Pkwy from 142nd St N to Frenchman Rd (CR 8) o Segment Length: 0.41 miles While the annual allotment that Hugo will receive from State Aid will fluctuate each year based on gas -tax revenues received by the State, and by relative apportionments for population and the Needs of all State Aid cities throughout the State, the proposed revisions are anticipated to result in the City maximizing its available designation mileage, which will in turn maximize the State Aid Needs dollars that are allocated to the City. It should be noted that, year to year, there is no guarantee that the annual allotment received by any city will increase. MnDOT State Aid staff approved the requested proposed revisions on March 8, 2019. The City Council must now pass a formal resolution to finalize the proposed routes and submit that resolution to MnDOT's State Aid office prior to May 1, 2019. This will be used in the calculation for our 2020 allotment. It is the City Engineer's recommendation that City Council approve the attached resolution and direct staff to submit per MnDOT requirements. If you have any questions regarding this, please don't hesitate to contact me at 651-286-8463. GAGroup Data\Municipal\Clients - Cities - Counties\Hugo\State Aid\Annual Reports\2018\Route Revisions\Hugo Route Revisions Memo To City.docx SHEET 1 OF 1 Fish Lake RoundLake Long Lake SunsetLake Long Lake SouthSchoolSectionLake North School Section Lake PlaistedLake Egg Lake RiceLake Fingers Pond Haas Pond Oneka Lake Mud (main lake)Lake Barker Lake Horseshoe Lake 36 31 32 33 34 35 36 31 25 30 29 28 27 26 25 30 24 19 20 21 22 23 24 19 13 18 17 16 15 14 13 18 12 7 8 9 10 11 12 7 654321 T123A T123B 249 154 81 81 161 $+7 $+7 $+8 $+7 57 $+9 $+7 1 0 3 102 102 58 110101 1 1 0 §¨¦35E 84 1 1 4 1 3 0 1 3 0 129 109 1 2 3 109 $+8 114 1 2 9 1 1 4 57 $+8 1 2 3 124 124 1 1 4 1 0 1 108 108 $+8 1 0 3 $+8 58 1 1 1 1 1 4 113 1 1 3 1 0 3 84 $+14 $+8 1 1 5 1 1 6 1 1 6 1 1 7 1 1 7 104 1 1 4 118 118 119 1 1 9 104 §¨¦35E 1 1 1 57 1 1 5 1 2 0 1 2 0 1 1 1 1 2 1 121 1 2 2 1 0 4 $+15 121 112 1 2 2 1 0 6 1 1 2 57 140 140 4A 4A $+4 1 0 6 $+4 $+4 §¨¦35E $+54 £¤61 $+15 WILDLIFE AREA Robin LnDeer Pass Dr 73rd St Forest Blvd N U S T H 6 1 Birch St Frenchman Rd N 145th St N Kimbro Ave N 1 2 8 t h B a y N F o x H i l l C i r 1 5 1 s t S tr e e t C ir N Stella Cir L a n g e r C i r Elmcrest Ave N Ellen Ct G o o d v i e w T r a i l B a y N M-211 Victor Path 125th St N August Cir C a i n e C t Clearwater Creek Cir J a r d i n A v e N Hartford Cir 1 2 8 t h A l c N Heritage Pkwy N L a c a s s e C i r 135th Ct N F r e e domDr 157th Way Ct N E l m c r e s t A v e N 128th Street Ct N Fiona Cir N Fenway Blvd Ct L e o p o l d L n N F a i r o a k s C ir N 134th St N Muller Dr G o o d v i e w T r a i l A l c D e l i n a C i r G o o d v i e w T r a i l C i r N F o n d a n t A v e N 150th St N C i t y S t C o sette Way N 1 5 9 t h S t C i r N V i c t o r H u g o S q N M -198 1 4 1 s t C i r N City St G e n e v a A v e N 1 5 9 t h C t N 1 5 7 t h C i r N 1 5 9 t h S t C t N T a r t C t Farnham AveN 128th St N F l o r a C t Empress Way N D a h l i a W a y E u r o p a B a y P o e t s G r n N F r e e l a n d A v 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v e Garden Ln 137th St N 128th St N K i r b y A v e N 1 1 7 t h S t r e e t C t N 1 2 6t h S tr e e t C t 1 2 5 t h S t r e e t C i r N K i m b r o A v e N 1 3 7 t h S t r e e t C t 173rd St N CitySt 82nd St E Wood chuck Ct 175th St N 148th St N F a i r point D r K i r b y A v e N 138th St N DeerPas s Tr Tele Dr 132nd St I v a n A v e N Cedar St I s l e t o n A ve N F able Hill C t 1 2 5 th S t N T e l e L n 1 4 1 s t S tN G o o d v i e w T r a i l C t N Norway Pine Ct 158th S t N Rosemary Way 182nd St N 128thStN 142nd St N F a l c o n A v e Upper 146th St F o n d a n t A v e N F i n l e y A v e N G e n e r a t i o n A v e N Gallivan Ct N 65thSt F i n l e y A v e N A r b r e L n 130th St N 140th St N J u l y A v e N F o x t ail Ct 169th St N E m e r a l d D r N El m D r N Fable Hill Cir N Fa irview St Flora Way E n f i e l d A v e S a r g e n t C t N F r a n c e s c a A v e N M-318 T a r t L a k e R d F i o n a R d N P r o v e n c e Way N E n f i e l d A v e N M a l l a r d P o n d s D r F i n a l e A v e N 1 3 2 n d W ay 141st St N Re i l i n g Rd Fenway B l v d C i r N M-210 F a r n h a m A v e N 128th St N H o m e s t e a d A v e N Northern Lig h t s B l v d F e n w a y A v e N Otter Lake Dr I r i s h A v e N I m p e r i a l A v e N F i t z g e r a l d A v e N 64th St F o r e s t R d N G e n evaWay O n e k a P k wy H u g o R d 147th St N 146th St N G e n e v a A v e N Ir o n w o o d A v e N F i o n a A v e N 1 3 0 t h St N I v y w o o d A v e N F r e e d o m D r N I r v i n e A v e N 144th St N 146th St N F i o n a A v e N R e d P i n e B l v d 152nd St N I m p e r i a l A v e N H e n n a A v e N Emmit Dr B a l d E a g l e B l v d W I s l e t o n A v e n u e C t N F a l c o n C t N 1 3 6 t h S t N 140th St N G l e n b r o o k A v e N 140thStN C os ette L n N B a y b e r r y D r F e r r a r a A v e N 129th S t N H o n e y e A v e N E v e r t o n C i r N 1 5 1 s t S t N F o s t e r Dr 120th St N H o b e L n 126th St N Stella Ln F r e e l a n d A v e N C i t y S t Evergreen Dr N 1 4 2 n d S t N Europa Trail Wa y K e y s t o n e A v e N W i l l o w C i r 1 5 0 t h S t N 147th St N 130th Ave N F e n w a y A v e N E x h a l l A v e N E u r o p a C t N 2 0 t h A v e S N o r w a y Pine Dr 2 1 s t A v e N F i t z g e r a l d A v e N J u l y A v e N I n g e r s o l l A v e N 180th St N F i n a l e A v e N G r e e n e A v e N F e n w a y A v e N F a l c o n C i r N I n g e r s o l l A v e N Portland Ave 1 3 6 t h S t r e e t C t N 138thStN H a d l e y A v e N Main St E v e r t o n A v e N I n g e r s o ll A v e N Phelps Rd 150th St N F a i r o a k s A v e N 152nd StN Fab l e H i l lWay N F o x h i l l A v e N F o x h i l l A v e N 148th S t 145th St N Commerce Dr 124th St N E v e r t o n A v e N 182nd St N Fannin g S t N G a r d e n W a y N 118th St N Goodview Tr 121st St N F la y R d N F e n w ayAve N F o x h i l l A v e N 121st St N H i l o A v e N F o x t a i l D r FlayAve N 176th St N FrenchDr 119th St F a r n h a m D r 155th St N E m p r e s s A v e N Bald Eagle Pt H e n n a A v e N F o n d a n t Tr I l l i e s A v e N GenevaAve N 1 5 7 t hWay N F a r n h a m A v e N F a r n h a m A v e N Lomond Tr N 135th S t N Clearwate r C reek Dr F a r n h a m A v e N Fiona R d N 1 2 9 t h S t N K e r r y C t N V a l J e a n Blvd N 158th St N Ash St E u r o p a A v e N G r e y s t o n e A v e N Leib e l S t W o o d c h u c k Ci r 1 2 6 t h S t N Cedar St E v e r t o n A v e N 152nd Way V i c t o r H u g o B l v d N 121 s t S t N Keller St N Kirby A ve N Education D r G e n e v a A v e I n w o o d A v e N J a n e r o A v e N F e n w a y A v e N 180th St N 136th St N 130th StN F a l c o n A v e N 1 7 7 t h St N 175th St N I r i s h A v e N 2 2 n d A v e S H e a t h e r A v e N I n g e r s o l l A v e N E u r o p a T r HeritagePkwy N RollingHillsDr G o o d v i e w A v e N C l e a r w a t e r C r e e k D r Lacasse Dr E t h a n A v e N F r e e w a y D r Victo r P a t h N L a n g e r L n 152 nd S t N EggLakeRdN U p p e r H e a t h e r A v e N H o m e s t e a d A v e N O t t e r L a k e R d 130th St N J o d y A v e N 177th St N H a r r o w A v e N H y d e A v e N 157thSt N 147th St N K e l l e r A v e N 140th St N 120th St N F a bleHillPkw y N 157th St N K e y s t o n e A v e N I s l e t o n A v e N Main St 80th St E F e n w a y B l v d 159th S t N 2 0 t h A v e N 2 0 t h A v e S E l m c r e s t A v e N F o r e s t B l v d 2 0 t h A v e N I r i s h A v e N 137th St N 140th St N 165th St N J e f f r e y A v e N H o m e s t e a d A v e N 170th St N 125th St N 180th St N O n e k a L a k e B l v d N L y n c h R d N F o r e s t B l v d F o r e s t B l v d M a n n i n g T r N 132nd St N 122nd St N 3. 3 2. 2 6. 6 15. 15 12. 12 11. 11 5. 5 7. 7 10. 10 1. 1 9. 9 4. 4 13. 13 8. 8 14. 14 104114 104 1 1 4 104 1 1 4 Cardinal Dr To request information from this document in an alternative format, call 651-366-4718 or 1-800-657-3774 (Greater Minnesota); 711 or 1-800-627-3529 (Minnesota Relay). You may also send an e-mail to ADArequest.dot@state.mn.us. (Please request at least one week in advance.) MUNICIPALITY OF HUGO WASHINGTON COUNTY Population (U.S Census 2010): 13332 IN COOPERATION WITHU.S. DEPARTMENT OF TRANSPORTATIONFEDERAL HIGHWAY ADMI NI STRATI ON MUNICIPALITY OFHUGO 0 0.45 0.9 1.35 1.80.225 Kilometers 0.3 0 0.3 0.6 0.9 1.20.15 Miles S C A LE 1 in = 1,600 ft PREPARED BY THEMINNESOTA DEPARTMENT OF TRANSPORTATIONOFFICE OF TRANSPORTATION SYSTEM MANAGEMENT 2 0 18µProjection:Transverse MercatorNAD 1986UTM Zone 15 North American Datumof 1986 ADD EVERTON AVE N FROM FRENCHMAN RD (CR 8) TO 142ND ST N (0.45 MILES) ADD 142ND ST N FROM EVERTON AVE N TO ONEKA PKWY N (0.09 MILES) ADD ONEKA PKWY FROM 142ND ST N TO FRENCHMAN RD (CR 8) (0.41 MILES) HUGO ROUTE REVISIONS EXISTING UNDESIGNATED MILES = 0.91 MILES ADDED MILES = 0.95 MILES REVOKED MILES = 0.13 MILES PROPOSED UNDESIGNATED MILES = 0.09 MILES REVOKE ROSEMARY WAY FROM ELMCREST AVE N TO VICTOR HUGO BLVD (0.13 MILES) RESOLUTION NO. 2019 - A RESOLUTION DECLARING APPROVAL OF MODIFICATIONS TO THE MUNICIPAL STATE AID STREET SYSTEM FOR THE CITY OF HUGO, MINNESOTA WHEREAS, as a requirement to qualify for state aid funding for streets, it is necessary that the City Council designate certain streets within the City of Hugo to create a Municipal State Aid Street system (MSAS); and WHEREAS, the Council has reviewed the recommendations of the City Engineer and has approved the modifications to the City of Hugo MSAS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUGO: 1. That Rosemary Way from Elmcrest Ave N to Victor Hugo Blvd be revoked from the City of Hugo MSAS. 2. That Everton Ave N from Frenchman Rd (CR 8) to 142nd St N be added to the City of Hugo MSAS. 3. That 142nd St N from Everton Ave N to Oneka Pkwy be added to the City of Hugo MSAS. 4. That Oneka Pkwy from 142nd St to Frenchman Rd (CR 8) be added to the City of Hugo MSAS. 5. That the City Administrator shall provide a certified copy of this resolution to the City Engineer for transmittal to the Commissioner of the Minnesota Department of Transportation by May 1, 2019. Council members voting AYE: Council members voting NAY: Whereupon said resolution was declared passed and adopted this 1st day of April, 2019. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk CITY OF HUGO CITY COUNCIL AGENDA REPORT TO: Bryan Bear, City Administrator FROM: Scott Anderson, Public Works Director SUBJECT: Sealed Bids for 2006 Chevrolet 1500 Building Department Truck DATE: For the City Council Meeting of April 2, 2019 BACKGROUND In 2017, Council gave authorization to advertise the sale of a retired Building Department truck (#113-06) using a sealed bid format. The truck was advertised and bids were received. Of the bids received, none produced a reasonable value for staff to recommend a sale. Public Works staff is now requesting authorization to sell the truck using an online auction format. DESIRED ACTION Staff is requesting Council authorization to move forward with the sale of the truck #113- 06 using an online auction format. CITY OF HUGO CITY COUNCIL AGENDA REPORT TO: Bryan Bear, City Administrator FROM: Scott Anderson, Public Works Director SUBJECT: Sealed Bids for 1985 Ford 8000 Sewer Cleaning Truck DATE: For the City Council Meeting of April 2, 2019 BACKGROUND As you are aware, last year the City Council authorized the purchase of a used Vactor sewer cleaning truck. The Public Works Department has been using the recently purchased Vactor truck and would like to put up for auction the retired 1985 Ford 8000 sewer cleaning truck. Public Works staff would like to utilize an online auction service to facilitate the sale of this truck. DESIRED ACTION Staff is requesting Council authorization to move forward with the sale of the 1985 Ford 8000 sewer cleaning truck using an online auction format. CITY OF HUGO CITY COUNCIL AGENDA REPORT TO: Bryan Bear, City Administrator FROM: Scott Anderson, Public Works Director SUBJECT: Purchase of Ford F-150 Extra Cab Pickup Truck DATE: For the City Council Meeting of April 2, 2019 BACKGROUND Over the past couple years, the City's Public Works Department has added two new staff positions. With the additional staff added, the department is in need of an additional pickup truck. Staff has received a quote from Midway Ford for the purchase of a 2019 F-150 priced accordingly with the State of Minnesota Cooperative Purchasing Venture for a price of $30,629.92 plus tax and licensing. Public Works staff has reviewed this purchase with Finance Director, Ron Otkin. DESIRED ACTION Staff recommends that council authorize the purchase of the 3/4 ton Chevrolet through the State of Minnesota Cooperative Purchasing Venture for a price of $30,629.92 plus tax and licensing. Midway Ford Commercial Fleet and Government Sales 2777 N. Snelling Ave. Roseville MN 55113 T-103 2019 F-150 4X4- Super Cab- 6.5' Box Automatic Transmission 40/20/40 Vinyl Seat Air Conditioning Dual Front Air Bags AM/FM Radio 4-Wheel ABS Brakes Matching Full Size Spare Tire Tilt Wheel Travis Swanson 651-343-5212 tswanson(o)-rosevillemidwayford.com Fax # 651-604-2936 3.3L V6 Rubber Floor Covering Bumpers w/Rear Step Rear View Camera Options Code Price Select Cloth 40/console/40 seat WG $272 x 101A Package 101A $2,075 x (Power Windows, Locks, Mirrors, Cruise, Sync) 2.7L EcoBoost 99P $916 x Exterior Colors Code Select E-Locking 3.55 Axle XL9 $433 x Blue Jeans Metallic N1 XL Chrome Package 96A $713 x Race Red PQ (Chrome Bumpers, Fog Lights, Aluminum Wheels) Stone Gray Metallic LQ Trailer Tow Package 53A $916 x Shadow Black G1 Skid Plates 413 $148 x Magnetic Metallic J7 Heated Mirrors 54R $280 x Ingot Silver Metallic LIX LED Mirror Spot Lights 59S $161 x Oxford White YZ x Privacy Glass 924 $92 x Rear Defrost 57Q $203 x Daytime Running lights 942 $41 x Extended Service Contracts Cost Select Spray -In Bedliner $548 x 7 year/75,000 mile PremiumCare Warranty (Bumper to Bumper) $2,570 Mud Flaps $200 x WeatherTech Mats Front/Rear $220 x Ford 2 way Remote Start $550 x Option Total $7,768 You must have a active FIN code to participate in this purchase contract : FIN code # 1 Purchase Order required prior to order placement PO # Base Price Totals Options Price Totals Extended Warranty Transit Impr Excise Tax Tax Exempt Lic 6.5% Sales Tax Document fee Sub total per vehicle Number of Vehicles $22,841.92 $7,768,00 $20.00 $30,629.92 1 Name of Organization Address Grand Total for all units $30,629.92 City, State, Zip Acceptance Signature Contact Person/ Phone # Print Name and Title Date Contact's e-mail address and fax # Midway Ford Commercial Fleet and Government Sales 2777 N. Snelling Ave. Roseville MN 55113 T-103 2019 F-150 4X4- Super Cab- 6.5' Box Automatic Transmission 40/20/40 Vinyl Seat Air Conditioning Dual Front Air Bags AM/FM Radio 4-Wheel ABS Brakes Matching Full Size Spare Tire Tilt Wheel Travis Swanson 651-343-5212 tswanson(o)-rosevillemidwayford.com Fax # 651-604-2936 3.3L V6 Rubber Floor Covering Bumpers w/Rear Step Rear View Camera Options Code Price Select Cloth 40/console/40 seat WG $272 x 101A Package 101A $2,075 x (Power Windows, Locks, Mirrors, Cruise, Sync) 2.7L EcoBoost 99P $916 x Exterior Colors Code Select E-Locking 3.55 Axle XL9 $433 x Blue Jeans Metallic N1 XL Chrome Package 96A $713 x Race Red PQ (Chrome Bumpers, Fog Lights, Aluminum Wheels) Stone Gray Metallic LQ Trailer Tow Package 53A $916 x Shadow Black G1 Skid Plates 413 $148 x Magnetic Metallic J7 Heated Mirrors 54R $280 x Ingot Silver Metallic LIX LED Mirror Spot Lights 59S $161 x Oxford White YZ x Privacy Glass 924 $92 x Rear Defrost 57Q $203 x Daytime Running lights 942 $41 x Extended Service Contracts Cost Select Spray -In Bedliner $548 x 7 year/75,000 mile PremiumCare Warranty (Bumper to Bumper) $2,570 Mud Flaps $200 x WeatherTech Mats Front/Rear $220 x Ford 2 way Remote Start $550 x Option Total $7,768 You must have a active FIN code to participate in this purchase contract : FIN code # 1 Purchase Order required prior to order placement PO # Base Price Totals Options Price Totals Extended Warranty Transit Impr Excise Tax Tax Exempt Lic 6.5% Sales Tax Document fee Sub total per vehicle Number of Vehicles $22,841.92 $7,768,00 $20.00 $30,629.92 1 Name of Organization Address Grand Total for all units $30,629.92 City, State, Zip Acceptance Signature Contact Person/ Phone # Print Name and Title Date Contact's e-mail address and fax # H, I wsb Memorandum To: Bryan Bear, City Administrator City of Hugo, MN From: Mark Erichson, PE Hugo City Engineer Date: March 28, 2019 Re: Authorization to Prepare Plans and Specifications for the 24th Avenue/Elmcrest Avenue and East Cedar Street Roadway Improvement Project WSB Project No. R-011669-000 Staff is requesting Council authorization to prepare plans and specifications for the 2019 East Cedar Street & 24th Avenue/Elmcrest Avenue North Improvement Project. The City of Hugo has entered into a Joint Powers Agreement (JPA) with the City of Lino Lakes to complete roadway improvements on 24thAvenue/Elmcrest Avenue from Tart Lake Road to the 0 south a distance of 2,300 feet, and East Cedar Street from Otter Lake Road to the east a co distance of 2,600 feet. The JPA outlines that the East Cedar Street improvements are the financial W responsibility of the City of Lino Lakes and the 24thAvenue/Elmcrest Avenue improvements are co, the financial responsibility of the City of Hugo. The final project costs to each community will be based on the percentage of construction and engineering costs as outlined in the JPA. 0 Lo The Elmcrest Avenue total estimated project cost is $295,000. Funding for the project is proposed through the street improvement fund. N The proposed schedule for the City of Hugo for this project is as follows: 0 0 N W H W W H W ti Hugo City Council Authorizes Plans and Specifications Apr. 1, 2019 Approve Plans and Specifications, Authorize Ad for Bids May 20, 2019 Open Bids June 14, 2019 Hugo City Council Awards Contract July 1, 2019 Construction Begins July 2019 Final Completion October 2019 The proposed schedule for the City of Lino Lakes for this project is as follows: City Council Authorizes Plans and Specifications Mar. 25, 2019 Approve Plans and Specifications, Authorize Ad for Bids May 13, 2019 Open Bids June 14, 2019 City Council Awards Contract June 24, 2019 Construction Begins July 2019 Final Completion October 2019 Staff is recommending approval of the Resolution, Authorizing the Preparation of Plans and Specifications for the East Cedar Street & 24th Avenue/Elmcrest Avenue North Improvement Project. C:\Userslmichele.lindaulAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\91SCFKMB\011669-000 CC Memo 040119.docx CITY OF HUGO RESOLUTION NO. RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE EAST CEDAR STREET & 24TH AVENUE/ELMCREST AVENUE NORTH IMPROVEMENT PROJECT WHEREAS, the City of Hugo and the City of Lino Lakes entered into a Joint Powers Agreement to complete roadway improvements on 24t" Avenue/Elmcrest Avenue from Tart Lake Road to the south a distance of 2,300 feet, and East Cedar Street from Otter Lake Road to the east a distance of 2,600 feet; and WHEREAS, the Joint Powers Agreement outlines that the East Cedar Street improvements are the financial responsibility of the City of Lino Lakes and the 24lb Avenue/Elmcrest Avenue improvements are the financial responsibility of the City of Hugo; and WHEREAS, the City Council is ordering the project finding that it would be in the best interest of the City to proceed with the preparation of plans and specifications; and WHEREAS, WSB is the City Engineer for both the City of Hugo and Lino Lakes. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Hugo: Authorizes the Preparation of the Plans and Specifications for the East Cedar Street & 24th Avenue/Elmcrest Avenue North Improvement Project. 2. WSB and Associates are designated as the engineer for this improvement and directed to prepare plans and specifications for the East Cedar Street & 20 Avenue/Elmcrest Avenue Improvement Project. Adopted by the Council of the City of Hugo this 1st day of April, 2019. 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: Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk washington�nty March 26, 2019 Representative Peter Fischer District 43A 551 State Office Building St. Paul, MN 55155 Dear Senator Housley and Representative Fischer: Board of Commissioners Fran Miron, District 1 Stan Karwoski, Chair, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5 Senator Karin Housley District 39 3217 Minnesota Senate Bldg. St. Paul, MN 55155 I am writing to express the county board's support for House File 2314 (Chief Author: Fischer) and Senate File 2372 (Chief Author: Housley) that provides certain spending and reporting requirements for the Rice Creek Watershed District. The Rice Creek Watershed District contains property within four counties (Anoka, Ramsey, Hennepin and Washington) and is managed by a board of 5 managers, with one manager appointed by the Washington County Board of Commissioners. The Watershed District has an annual budget of just more than $7.3 million and a property tax levy of just more than $4.7 million. It is our understanding that roughly 20% of the property taxes used to fund the watershed district's capital project costs and administration is raised and collected from Washington County residents. The Washington County Board's appointee to the watershed district's board of managers is Mr. John Waller. Mr. Waller does an excellent job of keeping the county board updated on the activities of the watershed and supporting projects within Washington County that have a benefit to the watershed. House File 2314 and Senate File 2372 provide for additional oversight of the activities of the watershed, ensuring that the residents of the county that pay into the watershed benefit directly from its activities. We understand that watershed projects, regardless of where they are undertaken, have benefit to the entire watershed. However, we also believe that it is not unreasonable to assure that Washington County taxpayers get direct benefits as well for their tax dollars. Finally, we know this is a complicated issue. We believe this is a reasonable proposal that merits discussion by the legislature. The county board will continue to work with the Rice Creek Watershed District and its managers to ensure effective management of projects and resources of both the county and the District. Please let us know if you have any questions. Sincerely, Stan Karwoski County Board Chair Commissioner District 2 Cc: Representative Bob Dettmer Senator Chuck Wiger Washington County Board of Commissioners Mr. John Waller, Rice Creek Watershed District Manager Mr. Phil Belfiori, Administrator, Rice Creek Watershed District Ms. Molly O'Rourke, Washington County Administrator Mr. Bryan Bear, City Administrator, City of Hugo Mr. Scott Neilson, City Administrator, City of Mahtomedi Mr. Patrick Casey, City Administrator, City of Forest Lake Government Center • 14949 62nd Street North • P. O. Box 6 • Stillwater, MN 55082-0006 Telephone: 651-430-6001 • Fax: 651-430-6017 • TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer 03/07/19 REVISOR CKM/HR 19-4537 This Document canmade available State of Minnesota in alternative formatss upon request HOUSE OF REPRESENTATIVES NINETY-FIRST SESSION H. F. No. 2314 03/11/2019 Authored by Fischer and Dettmer The bill was read for the first time and referred to the Committee on Ways and Means 1.1 A bill for an act 1.2 relating to water; providing spending and reporting requirements for Rice Creek 1.3 Watershed District; proposing coding for new law in Minnesota Statutes, chapter 1.4 103D. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. 1103D.9511 RICE CREEK WATERSHED DISTRICT. 1.7 For projects authorized under this chapter and chapters 103B and 103E that the Rice 1.8 Creek Watershed District undertakes, a minimum of 90 percent of the money collected in 1.9 Washington County throw special assessments and ad valorem taxes must be spent on 1.10 projects in Washington County. The Rice Creek Watershed District must annually report t. t 1 to the Washington County Board of Commissioners the amount of money the district 1.12 collected in Washington County through special assessments and ad valorem taxes and the 1.13 amount spent on projects undertaken in Washington County in the preceding year. 1.14 EFFECTIVE DATE. This section is effective January 1, 2020. Section 1. 1 03/07/19 REVISOR CKM/IIR 19-4537 as introduced 1.14 SENATE STATE OF MINNESOTA NINETY-FIRST SESSION S.F. No. 2372 (SENATE AUTHORS: HOUSLEY and Wiger) DATE D-PG OFFICIAL STATUS 03/13/2019 855 Introduction and first reading Referred to Environment and Natural Resources Policy and Legacy Finance 03/26/2019 1337 Author added Wiger A bill for an act relating to water; providing spending and reporting requirements for Rice Creek Watershed District; proposing coding for new law in Minnesota Statutes, chapter 103 D. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. 1� 03D.951j RICE CREEK WATERSHED DISTRICT. For projects authorized under this chapter and chapters 103B and 103E that the Rice Creek Watershed District undertakes, a minimum of 90 percent of the money collected in Washington County throulsh special assessments and ad valorem taxes must be snent on projects in Washington County. The Rice Creek Watershed District must annually report to the Washin on County Board of Commissioners the amount of money the district collected in Washington County through special assessments and ad valorem taxes and the amount spent on projects undertaken in Washington County in the precedingyear. EFFECTIVE DATE. This section is effective January 1, 2020. Section 1. 1 I�dZo6�IZ� Oil FES2019 1 Saturday, April 6th 11am - 2pm eka Elementary School Bike Raffle •' enter to win your choice of a b Family Fun Stage . Lorenz Dance and Children's Performing Arts CFFY C) LHU EST. 19©6 0000 ME" 0 ■* 0E ■! MEN ■A EMEMO !� ��NONE ■E ■NEER■on Median TH/Condo Value (8.8% increase) 2019 Assessment: By the Numbers 0 IN INKA ®® m $278,500 $348,400 Median Combined Value f Median Single Family Value (6.9% Increase) (6.9% Increase) Historical Median Values (ay17-ay19) -___ .__ 5926_non $348,400 ■ Multi -Family ■ Single Family 348 Sales in Study* *Does not include new construction sales ay2017 ay2018 ay2019 4 New TH/Condo Starts 1.20 New Single Family Starts m Added Value for New Construction: $36,634,900 1 ciTY C) If GO z�f E9T. 19©6 3 0.0°% 25.0°% 20.0% 15.0°% 10.0°% 5.0% 0.0% -5.0°% ■ ay2015 ■ ay2016 ■ ay2017 ■ ay2018 ■ ay2019 2019 Assessment: By the Numbers Past & Present Year Adjustments (ay15-ay19) IME Agricultural Apartment Comm/Ind Residential 0.5°% 25.7°% -0.4% -2.8% -1.2% 7.7% 0.5% 2.3%v 2.3% 1.5% 6.6% 8.3°% -0.6°% 17.1% 2.1% 4.7% -2.4% 10.4% 2.1% 7.8% E ay2015 --i ay2016 ■ ay2017 ! ay2018 ■ ay2019 Five Year Change/'Growth (ay15-ay19) ALL TAXABLE CLASSES RESIDENTIAL COMM ERCIALjI NiDUSTRIAL ,1 Al Taxable Classes -2.3% 1.9"% 7.7% 4.3°% 6.7% APARTMENT r I AGRICUL URAL -,7 -10.00% 0.00% 10.00°% 20.00°% 30.00% 40.00% 50.00% 60.00% 70.00°% 2 with Twin Cities Habitat for Humanity Join us for a home dedication ceremony celebrating our newest Habitat for Humanity homeowners: Weynu Bayu & Biniam Eyassu Eden Kebede Asma Molhamoud Siraj Said Saturday, April 13, 2019 10:00 AM 14954 Generation Ave N, Hugo, MN, 55038 Twin Cities : 1� Habitat for Humanity' L.5 Michele Lindau From: Jim (Jr) Compton Sent: Tuesday, March 26, 2019 10:38 PM To: Michele Lindau Cc: Bryan Bear; Colin Emans Subject: live burn May 4th Michele, Can you please pass this along to the city council and if needed have them schedule it as a meeting? We will be doing a live burn at a house we have acquired and would like to invite the city council and Bryan Bear to attend. If they would like to participate they are more than welcome to. We now have our new SCBA's in-service and our new ladder truck will be doing operations there. It might be nice for Mike Miron and Bryan Bear to gear up again and go in, so they can see the upgrades in our new SCBA's for the last time they went in. We now have voice amplification and thermal imaging technology integrated into the packs. Let me know if you have any questions. Also have them get ahold of me if any of them are interested in participating. Live Burn: Saturday May 41n Time: 0800 - ?? Address: 13040 Ingersoll Ave N We will probably meet at the station starting at 0700 that day and head out the to the site about 0730 MAKE IT A GREAT DAY! Jim Compton, Jr. Deputy Chief Hugo Fire Department 651-248-4475 a rcompton,, a,-d.hu._o.mn.us Tivs mi LEAGUE OF MINNESOTA CITIES 2019 ANNUAL CONFERENCE Gulueh Emarnlnmane Cenramlen Camaq Duluth—luna 26d0 Register Now for the 2019 Annual Conference (ndiready added newly ear ctyndleaguesfor...Cma @theLake 26-M ....L, The sue d.i..emm a<ies M19 Ann adI Con eren jam 6ed..n �mn, �e®.and mediaesolutions a . can bnng �.m.rn, April 2019 April 2019 May 2019 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 4 7 8 9 10 11 12 13 5 6 7 8 9 10 11 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 24 25 26 27 19 20 21 22 23 24 25 28 29 30 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 31 Apr 1 7:00pm City Council Meeting 2 3 4 5 6 11:00am Kidz 'n Biz (Oneka El) 7 8 9 10 11 12 13 8:00am Spring Cleanup 10:00am Habitat Dedication (Generation Acres) 5:30pm LBAE (Hugo Oneka Room) 10:00am Railroad Open House RESCHEDULE 6:30pm BOZA _ 7:00pm Planning Commission 14 15 16 5:00pm EDA Meets 17 18 19 20 7:00pm City Council Meeting 10:00am RR Open House -Tentative 7:00pm Parks 21 22 23 24 26 27 5:00pm Burger Night (Hugo Legion)orksho t Metro (City ZA r7:00pm 5:30pm Metro Ci' Annual Meetin nning son 28 29 30 May 1 2 3 4 Meetings in green are scheduled/posted meetings. 1 3/28/2019 2:19 PM May 2019 May 2019 June 2019 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Apr 28 29 30 May 1 2 3 4 8:00am FD Live Burn (13040 Ingersoll Ave) 5 6 7 8 9 10 11 6:30pm BOZA 7:00pm City Council Meeting 7:00pm Planning Commission 12 13 14 15 16 17 18 7:00pm Parks 19 20 21 22 23 24 25 7:00pm City Council 5:00pm EDA Meets 5:00pm Burger Night 6:30pm BOZA Meeting (Hugo Legion) 7:00pm Planning Commisison 26 27 28 29 30 31 Jun 1 Memorial Day Meetings in green are scheduled/posted meetings. 2 3/28/2019 2:19 PM