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City Council Packet 12 15 2025*=:�: City Council Monday, December 15, 2025 6:00 PM or immediately following City of the EDA meeting ElkRegular Meeting (whichever is later) Pliver & Elk River City Hall Work Session Agenda ■ Regular meeting in Council Chambers ■ Work Session meeting in Upper Town Conference Room immediately following regular meeting CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CONSIDER AGENDA 4. CONSENT AGENDA Considered to be routine and noncontroversial and will be approved by one motion. There will be no separate discussion of these items unless there is a request to remove the item from the consent agenda to the regular agenda. 4.1 December I, 2025 Minutes 4.2 Check Register 4.3 Resolution 25-77: 2026 Compensation Plan for Non -Organized Employees 4.4 Personnel Policy Manual Update 4.5 Agreement 25-38: Accurint Virtual Crime Center Servic38 5. OPEN FORUM An opportunity to provide comments and feedback regarding items not on the agenda. Information provided in Open Forum will not be discussed at this meeting; rather, the information will be referred to staff and/or scheduled for discussion at a future meeting. 6. PRESENTATIONS, AWARDS, AND RECOGNITION 6.1 City of Elk River Volunteer of the Month 6.2 Introduction of New Employee 6.3 Promotion of Fire Lieutenant 6.4 Oath of Office: Firefighters 7. PUBLIC HEARINGS An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments become part of the official public record. For this reason, all comments must be made at the podium so they can be heard and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding additional testimony. 7.1 Conditional Use Permit: Amendment to CU 24-21 for Outdoor Storage of Vehicles and Equipment, 15861 Jarvis St NW, Northstar Trucking Pagel of 447 7.2 Variance: Water Oriented Structure Size, Benjamin Poythress - 13640 Island View Dr NW 7.3 Variance: Parking and Wetland Setback to Support Development of an Apartment Building, Pat Briggs - 17379 Twin Lakes Rd NW 7.4 Resolution 25-78 and Ordinance 25-17: Amend City Plans to Support Commercial Uses, Sherburne County - 11401 205th Ave NW 8. GENERAL BUSINESS Items in which the information is presented by city staff or consultants, then deliberation and action occur. General Business items are not opportunities to receive or provide public input. However, the presiding officer may, at its sole discretion, solicit public feedback. 8.1 Hearing: Tobacco Compliance Failures for Ralphies Minnoco 8.2 Cannabis Business Plan 8.3 2026 Meeting Calendar: City Council and Advisory Boards 9. MOTION TO ADJOURN REGULAR MEETING 10. WORK SESSION Work Sessions are less formal meetings to encourage dialog. Official action or votes are not typically taken. At the conclusion of a discussion, a simple consensus provides staff direction for execution of the item. This portion of the agenda is audio recorded but not video recorded or broadcast. Work Sessions are open to the public; however, visitors who wish to provide input must be invited by the presiding officer, assume a seat at the discussion table and provide their full name and address for the official record. 10.1 Ebikes/Scooters on City Sidewalks and Trails 10.2 Northbound Capital Improvements 10.3 Vehicle Acquisition and Replacement Policy Manual 10.4 Red Dot Pistol Sights 11. MOTION TO ADJOURN 12. INFORMATION 12.1 November Financial Statements The Elk River Vision A nvelcoming community zvitb revolutionary and spirited resourcefulness, exceptional service, and community p 0 M E R E U 0 Y engagement that encourages and inspires prosperity INATURE] Page 2 of 447 Meeting of the City Council Held at the Elk River City Hall Monday, December I, 2025 City of Elk River Members Present: Mayor John Dietz, Councilmember Cory Grupa, Councilmember J. Brian Calva, Councilmember Mike Beyer, Councilmember Jennifer Wagner Members Absent: None Staff Present: City Administrator Cal Portner, Business Services Director/Assistant City Administrator Joe Stremcha, Fire Chief Mark Dickinson, Assistant Fire Chief Joe Libor, Deputy Chief Casey Neumann; Police Chief David Kuhnly, Building Official Mark Pistulka, Building Permit Technician Ellen Krueger; Human Resources Manager Lauren Wipper, Finance Manager Lori Stich, IT Manager Seth Calvin, IT Specialist Carl Munzke; Environmental Services and Projects Specialist Joe Hale, Front Desk Receptionist Joan Shea; Public Works Supervisor Mitch Litfin; Liquor Operations Manager Joe Audette; Liquor Store Manager -Northbound Megan Knopik, Cannabound Store Manager Jaquara Jackson, and Records Specialist Dawn Robertson. CALL MEETING TO ORDER Pursuant to due call and notice thereof, the meeting was called to order at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. CONSIDER AGENDA Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve the agenda. Motion carried 5-0. 4. CONSENT AGENDA Moved by Councilmember Calva and seconded by Councilmember Grupa to approve the following consent items as outlined in their respective staff reports. Motion carried 5-0. 4.1 November 03, 2025, Meeting Minutes 4.2 November 17, 2025, Minutes 4.3 Check Register Page 3 of 447 City Council Minutes December 1, 2025 Page 2 of 6 4.4 Resolution 25-73: Revoking Tobacco License for Elk River Tobacco LLC 4.5 Resolution 25-74 Levying Special Assessments for Abatement of Ordinance Violations 4.6 Resolution 25-75 Levying Special Assessments for Unpaid Garbage Service Fees 4.7 Agreement 25-35: Sherburne County Assessment Services 4.8 2026 - 2030 Capital Improvement Plan 4.9 Housing and Redevelopment Authority Appointment 4.10 Project Closeout: Rivers Edge Commons Park Renovations 4.11 Agreement 25-36: Waste Management Services 4.12 Authorize Grant Agreement 25-37 for Intensive Comprehensive Peace Officer Education and Training 2026 5. OPEN FORUM Mel Beaudry, 21333 York St, stated that he is morally against the city being involved in the sale of marijuana products. 6. PRESENTATIONS, AWARDS, AND RECOGNITION 6.1 Introduction of New Employees The Council welcomed various staff to the city. 6.2 Community Event Center Commission Candidate Interview The Council interviewed Brian Balabon for the Community Event Center Commission. Mr. Balabon stated that he was part of Hockey Day Minnesota and was inspired to join the Elk River Ice Arena Commission, which he served from 2014 until it dissolved. He wants to continue serving the city through this commission. When asked what he hopes to add to the commission, Mr. Balabon stated he wants to bring his experience; he helped build what the city has today and wants to continue to make it better for Elk River and the surrounding communities. Page 4 of 447 City Council Minutes December 1, 2025 Page 3 of 6 Moved by Councilmember Wagner and seconded by Councilmember Beyer to appoint Brian Balabon to the Community Event Center Commission with the term expiring February 28, 2026. Motion carried 5-0. 6.3 Sister City Meeting Update Mr. Portner played the recorded video of the declaration of the Sister City signing between Elk River and the Dnipropetrovsk region in Ukraine. Councilmember Calva shared that he was surprised by some of the public's reaction to the Sister City designation; he wants to assure the public that it costs the city nothing. He explained it's a gesture to another country to encourage them. He feels that their experience operating a city during this time can teach us something. 7. PUBLIC HEARINGS 7.1 2026 Budget and Tax Levy Resolution 25-76 The staff report was presented. Mayor Dietz opened the public hearing Vladmir Petrenko,13790 196th Ave NW, asked for clarification on what some budgeting terminology meant. The Council explained to Mr. Petrenko that the County Assessor determines property tax increases. Mr. Portner explained the tax levy - tax rate. Mayor Dietz explained the budgeting process and the information on the tax statement that residents received in the mail. Kathryn Kasper, 330 Norfolk Ave NW, expressed frustration with the tax increase on her rental property. Mayor Dietz closed the public hearing. Moved by Councilmember Grupa and seconded by Councilmember Calva to approve the 2026 General, Special Revenue, and Enterprise Fund budgets. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Resolution 25-73 authorizing the property tax levy for collection in 2026. Motion carried 5- 0. 8. GENERAL BUSINESS 8.1 Discuss Work Session Items No items were added to the list. 9. COUNCIL LIAISON UPDATES Page 5 of 447 City Council Minutes December 1, 2025 Page 4 of 6 9.1 Council Liaison Updates The Councilmembers provided updates as outlined in the respective advisory board's minutes. 10. MOTION TO ADJOURN REGULAR MEETING Moved by Councilmember Beyer and seconded by Councilmember Calva to adjourn the meeting of City Council. Motion carried 5-0. The regular meeting adjourned at 7:36 p.m. Mayor Dietz called the work session to order at 7:43 p.m. 11. WORK SESSION The Council invited Ken Beaudry to express his concerns. Ken Beaudry 12696 226th Ct NW, shared that he is morally against the City being involved in the sale of marijuana products. 1 1.1 Cannabound Business Plan Mr. Stremcha provided an overview of the initial state laws regarding cannabis licensing. The Council had questions about municipal ownership and private ownership of cannabis stores. Mr. Stremcha was able to clarify the Council's questions regarding the amount and types of licensing the city would be allowed. He reiterated that the sale of cannabis can occur whether it's private or municipal. He went on to share that with a municipal cannabis store, there can be high safety standards, strict identification for age requirement compliance, refusal of sale to intoxicated people, etc. The Council acknowledged the work that has been put into planning and designing the cannabis store and is appreciative. Councilmember Grupa shared that he is not comfortable with a city -owned cannabis store. Councilmember Calva stated that he feels it's not about the money the city could potentially make, but it's about the soul of the city. The city should not have its hands on it, and constituents do not want a municipal cannabis store. Councilmember Wagner noted she would like more education on the terms THC, CBD, Marijuana, cannabis, plant, and flower, etc. She would like education on the differences in types, chemicals, and uses. Is a joint the same as cannabis? Is a gummy the same? Are there different types? How are they used? She stated that more education and knowledge would be beneficial in making an informed decision. She continued until there is more education and data, she is against a municipal cannabis store. Councilmember Beyer stated he has never been for it 100% but didn't make it a personal decision. He explained that after talking with residents via phone calls, texts, and emails, he wants to represent the residents and step back from the municipal cannabis store and the liquor store. Mayor Dietz praised the staff, stating his excitement at first was based on thoughts of revenue. He Page 6 of 447 City Council Minutes December 1, 2025 Page 5 of 6 stated he feels Elk River residents do not want a municipal cannabis store and believes this process will take years to sort out at the state level, and does not want to be a part of it. The Council directed staff to schedule a tour of the current Northbound Liquor Store. 11.2 Elk River Landfill Expansion EAW/EIS Comment Period Mr. Hale shared with the Council that this is the first of three comment periods about the landfill expansion. This size of expansion triggers an Environmental Impact Statement outlining any additional studies that may need to be conducted. He shared the comments for consideration by the Minnesota Pollution Control Agency. Mr. Hale's comments cover concerns related to groundwater contamination, leachate, and traffic. The Council agreed with the requirements suggested by the MPCA. 11.3 Vehicle Acquisition and Replacement Policy Manual Mr. Litfin did not have a staff report to present to the Council. The Council directed Mr. Litfin to add the replacement policy to the December 15 Council Meeting. 11.4 On -Call Fire Department Staff Compensation Plan Changes Chief Mark Dickinson, Chief Libor, and Deputy Chief Neumann requested increased pay for Fire Captains and academy instructors. They explained the increases would not affect the budget; there have been recent leaves and a few fire academy drop -outs. The wages that were going to those positions would go to cover the cost of giving the Captains a raise. Chief Libor stated that all wages for Fire Instructor pay are reimbursed by the State. The city can ask for a raise to reflect the cost of living, and that will be reimbursed as well. Chief Neumann shared with the Council that they want to be comparable to other fire academies and offer similar pay when recruiting instructors. The Council is in favor of the proposed compensation increases. 11.5 Personnel Policy Manual Update The staff report was presented. Ms. Wipper noted some of the biggest changes to the policy manual are to the Paid Family Medical Leave. She continued and explained the following: "Top -off' is allowed, and employees can opt to use accrued time to get 100% pay, leave requests run concurrently, employment type definitions were modified, deadline for time sheet submissions, a section was added called staffing inventory, exempt employees are to request time off and get it approved before leave is taken, earned sick safety time and sick time have been combined, and added language on accrual for ESST for part-time and full-time employees. The Council will review the changes, and the policy will be added to a consent agenda for approval. Page 7 of 447 City Council Minutes Page 6 of 6 December 1, 2025 12. CLOSED MEETING - LELS #589 COLLECTIVE BARGAINING AGREEMENT Council Present: Mayor John Dietz, Councilmembers Cory Grupa, J. Brian Calva, Mike Beyer, and Jennifer Wagner Staff Present: Police Chief David Kuhnly, City Administrator Cal Portner, and Records Specialist Dawn Robertson Mayor Dietz read the following statement: 12.1 Statement to be read by the Mayor: "The City Council will be closing the meeting pursuant to MN Statute Section 13D.03, Subdivision I (b). The Council will discuss the city's labor negotiation strategy related to the city's negotiations with the Collective Bargaining Agreement, LELS 589." 12.2 Motion Calling Closed Meeting Mayor Dietz called the closed meeting to order at 9:44 p.m. Moved by Councilmember Wagner and seconded by Councilmember Beyer to open the closed meeting. Motion carried 5-0. 12.3 Hold Closed Meeting The closed meeting was held. 13. MOTION TO ADJOURN Moved by Councilmember Wagner and seconded by Councilmember Calva to adjourn the closed meeting of City Council. Motion carried 5-0. The meeting adjourned at 10:03 p.m. Minutes prepared by Dawn Robertson. John J. Dietz, Mayor Tina Allard, City Clerk Page 8 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Check Register Item Number 4.2 Prepared By Amy Stangler, Accounting Clerk Reviewed by Lori Stich Joe Stremcha Cal Portner Tina Allard Action Requested Approve, by motion, the check registers for the period ending December 15, 2025. Background/Discussion The details for the period ending December 15, 2025, are attached to this request for action. Total for All Funds Financial Impact N/A Mission/Policy/Goal N/A Attachments 1. 4.2 at I Check Register 2. 4.2 at2 Check Register The Elk River Vision $1,937,716.86 A avelcoming community with revolutionary and spirited resourcefulness, exc ptional remce, and community p 0 ERE 0 B 1 engagement that encourager and inspires pro perity i in 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 1 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Number Number Description Type Invoice Date Invoice Amount GLAccount Number ASPEN MILLS 101 365359 1 UNIFORMS -SMITH Invoice 11/19/2025 302.65 101-4-2310-4217 101 365595 1 BOOTS - SMITH Invoice 11/21/2025 154.99 101-4-2310-4217 101 365918 1 UNIFORMS-COWLEY Invoice 11/26/2025 379.74 101-4-2130-4217 101 366007 1 UNIFORMS -SMITH Invoice 12/02/2025 381.00 101-4-2120-4217 Total 10749 ASPEN MILLS: 1,218.38 KISER CONSTRUCTION 101 13154 1 REBUILD - PSB WATER DAMAGE Invoice 11/25/2025 3,617.53 101-4-2190-4401 Total 23107 KISER CONSTRUCTION: 3,617.53 NORTHLAND PETROLEUM SERVI 101 26183 1 REPAIR AT PUMPS Invoice 12/03/2025 1,439.30 101-4-3120-4409 Total 28425 NORTHLAND PETROLEUM SERVI: 1,439.30 PRINCETON RENTAL INC 101 1-579714 1 PARTS Invoice 11/25/2025 301.93 101-4-5110-4221 101 1-579976 1 SUPPLIES Invoice 11/29/2025 82.30 101-4-5110-4219 101 1-580050 1 SUPPLIES Invoice 12/04/2025 6.29 101-4-5110-4219 Total 10469 PRINCETON RENTAL INC: 390.52 SCENIC SIGN CORP 603 SC8635 1 MONUMENT SIGN REPAIR Invoice 11/26/2025 1,896.37 603-4-9152-4404 Total 14375 SCENIC SIGN CORP: 1,896.37 SENSOSCIENTIFIC 101 167596-IN 1 EVIDENCE REFRIGERATOR ALARM Invoice 12/01/2025 161.04 101-4-2130-4433 Total32053 SENSOSCIENTIFIC: 161.04 SPORTECH, INC 245 12-15-25 SPORTECH 1 TAX REBATE - ENVISION Invoice 12/03/2025 17,180.70 245-4-6210-4440 Total 32900 SPORTECH, INC: 17,180.70 A T & T MOBILITY 101 X12032025 1 FIRSTNET WIRELESS SVCS-ADMIN Invoice 11/25/2025 38.23 101-4-1210-4321 Page 10 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 2 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 101 X12032025 2 FIRSTNET WIRELESS SVCS-IT Invoice 11/25/2025 143.66 101-4-1350-4321 101 X12032025 3 FIRSTNET WIRELESS SVCS-BLD MT Invoice 11/25/2025 128.07 101-4-1600-4321 101 X12032025 4 FIRSTNET WIRELESS SVCS-POLICE Invoice 11/25/2025 3,352.25 101-4-2110-4321 101 X12032025 5 FIRSTNET WIRELESS SVCS-FIRE Invoice 11/25/2025 631.75 101-4-2310-4321 602 X12032025 6 FIRSTNET WIRELESS SVCS-WW Invoice 11/25/2025 44.92 602-4-9010-4321 Total 10138 A T & T MOBILITY: 4,338.88 AID ELECTRIC CORPORATION 296 1204257 1 ELECTRIC FOR FTCENTER WAYFIN Invoice 11/20/2025 5,820.64 296-4-7000-4520 Total 10373 AID ELECTRIC CORPORATION: 5,820.64 AIRGAS USA LLC 101 9500936946 1 MEDICAL OXYGEN Invoice 12/01/2025 293.87 101-4-2120-4219 Total 10379 AIRGAS USA LLC: 293.87 AM CRAFT SPIRITS SALES & MARKETING 603 21706 1 POP/MIX Invoice 11/22/2025 224.00 603-4-9151-4255 603 21706 2 FREIGHT Invoice 11/22/2025 4.25 603-4-9151-4332 Total 52518 AM CRAFT SPIRITS SALES & MARKETING: 228.25 AMAZON CAPITAL SERVICES 221 117R-3YJJ-GXQG 1 SUPPLIES -BLUE TAPE Invoice 12/03/2025 30.88 221-4-5400-4219 101 11XK-HW9P-CNNH 1 CHARGING BLOCKS Invoice 12/03/2025 87.60 101-4-1350-4219 602 16GG-TYCQ-H1TK 1 SUPPLIES Invoice 12/01/2025 19.99 602-4-9020-4219 101 16LM-TVX7-WW11 1 SUPPLIES Invoice 11/19/2025 95.54 101-4-5110-4219 101 16LM-TVX7-WW11 2 SUPPLIES Invoice 11/19/2025 19.20 101-4-3120-4201 221 17DQ-T6GF-T6NP 1 SUPPLIES - SIGN HOLDERS Invoice 11/26/2025 279.96 221-4-5400-4219 101 19XL-DFN7-CD19 1 SUPPLIES - DRONE Invoice 12/02/2025 150.98 101-4-2120-4219 221 1DK6-Y93X-RCD1 1 SUPPLIES - LABEL GUN Invoice 11/21/2025 29.25 221-4-5430-4219 605 1J6Q-6HF4-THHD 1 FM REUSABLE BAGS Invoice 11/26/2025 59.99 605-4-9210-4219 101 1JQ3-PWHQ-D7GR 1 FIRE STICK FOR CITY HALL BULLETI Invoice 12/04/2025 35.99 101-4-1120-4201 101 1KTX-11LC-3C1C 1 MISC WARMING HOUSE SUPPLIES Invoice 12/07/2025 86.20 101-4-5220-4219 Page 11 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 3 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 221 1LWH-DRDM-1W7L 1 SHARPS CONTAINERS Invoice 12/05/2025 32.98 221-4-5400-4219 221 1NNT-RGMQ-DDMG 1 SUPPLIES - SANTASUIT Invoice 11/25/2025 44.79 221-4-5400-4219 101 1 NVC-1 DC6-DKDV 1 SWAT EXPENSE - DRONE Invoice 12/02/2025 1,036.78 101-4-2120-4219 101 1R4J-6NQQ-D6W4 1 SUPPLIES Invoice 11/20/2025 30.98 101-4-1210-4201 221 1TNC-3R64-9Y4Y 1 LACES FOR RESALE Invoice 11/24/2025 29.98 221-4-5400-4259 290 1TR7-LP77-FKRK 1 SUPPLIES - FIRE ACADEMY Invoice 11/20/2025 89.35 290-4-2350-4219 602 1TY6-9CPX-CQLV 1 SUPPLIES -SLUDGE JUDGE Invoice 12/03/2025 426.30 602-4-9020-4219 221 1VNJ-C79F-PD1F 1 CONCESSIONS -SLUSHY SYRUP Invoice 11/21/2025 140.04 221-4-5430-4259 602 1W1G-9W73-MM1D 1 SUPPLIES Invoice 11/19/2025 35.59 602-4-9020-4219 101 1 WTW-7CLD-3FFL 1 SUPPLIES - CARD STOCK Invoice 12/08/2025 2.40 101-4-1120-4201 101 1 WTW-7CLD-3FFL 2 SUPPLIES - CARD STOCK Invoice 12/08/2025 9.58 101-4-1210-4201 101 1 WTW-7CLD-3FFL 3 SUPPLIES - CARD STOCK Invoice 12/08/2025 2.40 101-4-1220-4201 101 1 WTW-7CLD-3FFL 4 SUPPLIES - CARD STOCK Invoice 12/08/2025 2.40 101-4-1310-4201 101 1 WTW-7CLD-3FFL 5 SUPPLIES - CARD STOCK Invoice 12/08/2025 7.19 101-4-1510-4201 101 1 WTW-7CLD-3FFL 6 SUPPLIES - CARD STOCK Invoice 12/08/2025 4.31 101-4-2410-4201 101 1 WTW-7CLD-3FFL 7 SUPPLIES - CARD STOCK Invoice 12/08/2025 4.31 101-4-2440-4219 101 1 WTW-7CLD-3FFL 8 SUPPLIES - CARD STOCK Invoice 12/08/2025 4.79 101-4-3300-4201 101 1 WTW-7CLD-3FFL 9 SUPPLIES - CARD STOCK Invoice 12/08/2025 5.75 101-4-5210-4219 101 1 WTW-7CLD-3FFL 10 SUPPLIES - CARD STOCK Invoice 12/08/2025 4.79 101-4-6210-4440 221 1XFL-4HPJ-PC6M 1 CONCESSIONS/CATERING SUPPLIE Invoice 11/21/2025 22.99 221-4-5430-4219 221 1XFL-4HPJ-PC6M 2 SUPPLIES -FRAMES Invoice 11/21/2025 37.89 221-4-5400-4219 605 1YKR-GJVD-DPPH 1 SUPPLIES - TOTE BAGS Invoice 12/01/2025 50.99 605-4-9210-4219 Total 13706 AMAZON CAPITAL SERVICES: 2,922.16 ARTISAN BEER COMPANY 603 3815356 1 BEER Invoice 12/03/2025 463.05 603-4-9111-4252 603 3815357 1 THC PRODUCTS Invoice 12/03/2025 124.30 603-4-9111-4256 603 3815358 1 BEER Invoice 12/03/2025 152.40 603-4-9151-4252 603 3815359 1 THC PROD Invoice 12/03/2025 55.70 603-4-9151-4256 Page 12 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 4 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number Total 12167 ARTISAN BEER COMPANY: 795.45 BC SOLUTIONS LLC 101 3397607 1 DAMPER ACTUATERS Invoice 11/20/2025 496.78 101-4-1600-4219 Total 15060 BC SOLUTIONS LLC: 496.78 BELLBOY CORPORATION 603 209650800 1 WINE Invoice 11/24/2025 64.00 603-4-9111-4253 603 209650800 2 FREIGHT Invoice 11/24/2025 13.50 603-4-9111-4332 603 209729100 1 WINE Invoice 12/02/2025 128.00 603-4-9111-4253 603 209729100 2 FREIGHT Invoice 12/02/2025 13.50 603-4-9111-4332 603 209747600 1 FREIGHT CREDIT Invoice 11/25/2025 11.85- 603-4-9111-4332 603 209841400 1 WINE CREDIT Invoice 12/05/2025 64.00- 603-4-9111-4253 Total 11800 BELLBOY CORPORATION: 143.15 BENEFIT EXTRAS, INC. 101 1477659 1 COBRA ADMINISTRATION-NOV Invoice 12/09/2025 105.00 101-4-1220-4319 Total 52492 BENEFIT EXTRAS, INC.: 105.00 BERNICK'S 603 10429371 1 POP Invoice 11/25/2025 55.44 603-4-9111-4255 603 10429372 1 THC PRODUCTS Invoice 11/25/2025 79.80 603-4-9111-4256 603 10429373 1 BEER Invoice 11/25/2025 768.20 603-4-9111-4252 603 10429374 1 POP Invoice 11/25/2025 20.00 603-4-9151-4255 603 10429375 1 BEER Invoice 11/25/2025 582.50 603-4-9151-4252 603 10432316 1 POP Invoice 12/03/2025 86.76 603-4-9111-4255 603 10432317 1 THC PRODUCTS Invoice 12/03/2025 379.80 603-4-9111-4256 603 10432318 1 BEER Invoice 12/03/2025 3,624.70 603-4-9111-4252 603 10432319 1 POP/MISC Invoice 12/03/2025 123.54 603-4-9151-4255 603 10432320 1 THC PRODUCTS Invoice 12/03/2025 100.00 603-4-9151-4256 603 10432321 1 BEER Invoice 12/03/2025 1,143.20 603-4-9151-4252 221 181190 1 SUPPLIES - CUPS Invoice 12/01/2025 92.79 221-4-5430-4219 Page 13 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 5 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Number Number Description Type Invoice Date Invoice Amount GLAccount Number 221 181463 1 FOUNTAIN POP Invoice 12/02/2025 482.52 221-4-5430-4259 Total 11950 BERNICK'S: 7,539.25 BERRY COFFEE COMPANY 101 1088459 1 COFFEE -PD Invoice 12/08/2025 76.00 101-4-2190-4219 Total 11959 BERRY COFFEE COMPANY: 76.00 BLACKHAWK PEST CONTROL, LLC 221 51988 1 PEST CONTROL-FTCENTER Invoice 11/24/2025 125.00 221-4-5400-4401 101 51990 1 PEST CONTROL - CITY HALL Invoice 11/24/2025 125.00 101-4-1600-4401 101 51991 1 PEST CONTROL- FS3 Invoice 11/24/2025 52.50 101-4-2310-4401 603 51992 1 PEST CONTROL - NB Invoice 11/24/2025 64.19 603-4-9112-4404 101 51993 1 PEST CONTROL- PW Invoice 11/24/2025 110.00 101-4-3120-4401 603 51994 1 PEST CONTROL-WB Invoice 11/24/2025 55.56 603-4-9152-4404 Total 14717 BLACKHAWK PEST CONTROL, LLC: 532.25 BREAKTHRU BEVERAGE MINNESOTA 603 124586484 1 LIQUOR Invoice 12/04/2025 1,248.40 603-4-9151-4251 603 124586484 2 FREIGHT Invoice 12/04/2025 13.53 603-4-9151-4332 603 124586485 1 FREIGHT Invoice 12/04/2025 1.45 603-4-9151-4332 603 124586485 2 WINE Invoice 12/04/2025 128.00 603-4-9151-4253 603 414045352 1 WINE CREDIT Invoice 10/08/2025 110.00- 603-4-9151-4253 Total 8002 BREAKTHRU BEVERAGE MINNESOTA: 1,281.38 603 124586632 1 POP/MISC Invoice 12/04/2025 194.50 603-4-9111-4255 603 124586632 2 FREIGHT Invoice 12/04/2025 14.50 603-4-9111-4332 603 124586633 1 LIQUOR Invoice 12/04/2025 4,310.52 603-4-9111-4251 603 124586633 2 FREIGHT Invoice 12/04/2025 68.15 603-4-9111-4332 603 124586634 1 WINE Invoice 12/04/2025 3,025.85 603-4-9111-4253 603 124586634 2 FREIGHT Invoice 12/04/2025 45.31 603-4-9111-4332 603 414188339 1 WINE CREDIT Invoice 11/21/2025 72.00- 603-4-9111-4253 603 414188339 2 FREIGHT CREDIT Invoice 11/21/2025 1.45- 603-4-9111-4332 Page 14 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 6 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 603 414247969 1 LIQUOR CREDIT Invoice 12/05/2025 3.33- 603-4-9111-4251 603 414247969 2 FREIGHT CREDIT Invoice 12/05/2025 .03- 603-4-9111-4332 603 414247970 1 WINE CREDIT Invoice 12/05/2025 12.67- 603-4-9111-4253 603 414247970 2 FREIGHT CREDIT Invoice 12/05/2025 .12- 603-4-9111-4332 603 414247971 1 WINE CREDIT Invoice 12/05/2025 17.33- 603-4-9111-4253 603 414247971 2 FREIGHT CREDIT Invoice 12/05/2025 .24- 603-4-9111-4332 603 414247972 1 LIQUOR CREDIT Invoice 12/05/2025 13.50- 603-4-9111-4251 603 414247972 2 FREIGHT CREDIT Invoice 12/05/2025 .12- 603-4-9111-4332 603 414247973 1 POP/MISC CREDIT Invoice 12/05/2025 12.00- 603-4-9111-4255 603 414247973 2 FREIGHT CREDIT Invoice 12/05/2025 .24- 603-4-9111-4332 Total 12893 BREAKTHRU BEVERAGE MINNESOTA: 7,525.80 C & L DISTRIBUTING CO 603 2211940 1 LIQUOR Invoice 11/24/2025 92.80 603-4-9151-4251 603 2211941 1 BEER Invoice 11/24/2025 3,025.70 603-4-9151-4252 603 2211941 2 POP/MISC Invoice 11/24/2025 30.00 603-4-9151-4255 603 2214470 1 LIQUOR Invoice 12/03/2025 1,034.95 603-4-9151-4251 603 2214471 1 BEER Invoice 12/03/2025 7,914.35 603-4-9151-4252 Total 8003 C & L DISTRIBUTING CO: 12,097.80 603 2210620 1 THC PRODUCTS Invoice 11/22/2025 150.96 603-4-9111-4256 603 2210621 1 LIQUOR Invoice 11/22/2025 429.61 603-4-9111-4251 603 2210622 1 BEER Invoice 11/22/2025 5,136.80 603-4-9111-4252 603 2211267 1 BEER Invoice 11/22/2025 2,671.20 603-4-9111-4252 603 2213399 1 LIQUOR Invoice 12/01/2025 47.50 603-4-9111-4251 603 2213419 1 THC PRODUCTS Invoice 12/01/2025 280.00 603-4-9111-4256 603 2213420 1 BEER Invoice 12/01/2025 6,457.50 603-4-9111-4252 603 2213460 1 BEER Invoice 11/26/2025 354.95 603-4-9111-4252 603 2215920 1 BEER CREDIT Invoice 12/03/2025 2.81- 603-4-9111-4252 603 2215922 1 THC PRODUCTS Invoice 12/03/2025 450.48 603-4-9111-4256 Page 15 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 7 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 603 2215923 1 WINE Invoice 12/03/2025 643.20 603-4-9111-4253 603 2215923 2 LIQUOR Invoice 12/03/2025 532.85 603-4-9111-4251 603 2215924 1 BEER Invoice 12/03/2025 12,180.95 603-4-9111-4252 603 2217109 1 LIQUOR Invoice 12/08/2025 350.10 603-4-9111-4251 603 2217110 1 BEER Invoice 12/08/2025 2,679.30 603-4-9111-4252 603 2217118 1 BEER Invoice 12/08/2025 617.75 603-4-9111-4252 603 2616000951 1 BEER CREDIT Invoice 12/01/2025 128.06- 603-4-9111-4252 Total 13375 C & L DISTRIBUTING CO: 32,852.28 CENTRAL HYDRAULICS 101 660675 1 EQUIPMENT REPAIR Invoice 11/24/2025 496.16 101-4-5110-4404 Total 11058 CENTRAL HYDRAULICS: 496.16 CINTAS CORPORATION LOC 470 602 4250577770 1 UNIFORM RENTAL/CLEANING Invoice 11/20/2025 153.88 602-4-9020-4417 603 4250584527 1 MATS, TOWELS, SCRAPER, MOPS Invoice 11/20/2025 56.30 603-4-9152-4404 602 4251281789 1 UNIFORM RENTAL/CLEANING Invoice 11/26/2025 164.33 602-4-9020-4417 603 4251282183 1 MATS, TOWELS, SCRAPERS, MOPS Invoice 11/26/2025 80.04 603-4-9112-4404 603 4251285806 1 MATS, TOWELS, SCRAPER, MOPS Invoice 11/26/2025 48.24 603-4-9152-4404 602 4252146211 1 UNIFORM RENTAL/CLEANING Invoice 12/05/2025 153.88 602-4-9020-4417 603 4252146713 1 MATS, TOWELS, SCRAPERS, MOPS Invoice 12/05/2025 80.04 603-4-9112-4404 603 4252153056 1 MATS, TOWELS, SCRAPER, MOPS Invoice 12/05/2025 48.24 603-4-9152-4404 Total 14080 CINTAS CORPORATION LOC 470: 784.95 COLLINS BROTHERS TOWING 101 123529 1 TOWING SVCS25019394 Invoice 11/26/2025 194.18 101-4-2130-4319 602 123767 1 CONNEX BOX DELIVERY Invoice 12/04/2025 250.00 602-4-9020-4319 Total 14425 COLLINS BROTHERS TOWING: 444.18 CONTINENTAL RESEARCH CORP 602 68095 1 SUPPLIES Invoice 12/03/2025 1,043.00 602-4-9020-4219 602 68142 1 SUPPLIES- URINAL SCREENS Invoice 12/05/2025 85.00 602-4-9020-4219 Page 16 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 8 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Number Number Description Type Invoice Date Invoice Amount GLAccount Number Total 14946 CONTINENTAL RESEARCH CORP: 1,128.00 COUNTRY SIDE SERVICES 101 1-110905-01 1 CUTTING EDGES FOR PLOWS Invoice 12/03/2025 2,222.46 101-4-3130-4219 101 1-110923-01 1 PLOWING PARTS Invoice 12/03/2025 1,409.78 101-4-3130-4219 Total 11269 COUNTRYSIDE SERVICES: 3,632.24 CRYSTAL SPRINGS ICE 603 2-503259 1 ICE Invoice 12/03/2025 104.56 603-4-9111-4255 603 2-503259 2 FREIGHT Invoice 12/03/2025 4.00 603-4-9111-4332 Total 52407 CRYSTAL SPRINGS ICE: 108.56 CUBFOODS 221 104304164158 1 CONCESSIONS/CATERING BEVERA Invoice 11/18/2025 4.99 221-4-5430-4259 101 104304168489 1 SUPPLIES Invoice 12/09/2025 45.33 101-4-5510-4219 221 104305075740 1 CONCESSIONS BEVERAGES Invoice 11/29/2025 26.42 221-4-5430-4259 101 104351154266 1 TREATS Invoice 12/01/2025 54.94 101-4-5510-4219 Total 15550 CUB FOODS: 131.68 DACOTAH PAPER CO 101 56840 1 CLEANING SUPPLIES- PW Invoice 11/25/2025 669.38 101-4-3120-4219 101 56841 1 SUPPLIES - ICE MELT Invoice 11/25/2025 551.74 101-4-2310-4219 101 56842 1 CLEANING SUPPLIES- FS1 Invoice 11/25/2025 744.29 101-4-2310-4219 221 57118 1 TRASH LINERS, TOILET TISSUE Invoice 11/26/2025 293.41 221-4-5400-4219 221 57119 1 CONCESSIONS PAPER PRODUCTS Invoice 11/26/2025 230.26 221-4-5430-4219 101 57121 1 CUPS Invoice 11/26/2025 66.64 101-4-5510-4219 211 59112 1 CLEANING SUPPLIES Invoice 12/02/2025 378.31 211-4-5600-4219 101 59113 1 SUPPLIES Invoice 12/02/2025 42.76 101-4-1600-4219 221 60259 1 TRASH LINERS,URINAL SCREENS,T Invoice 12/04/2025 550.35 221-4-5400-4219 Total 15887 DACOTAH PAPER CO: 3,527.14 DAHLHEIMER BEVERAGE, LLC 603 2632350 1 LIQUOR Invoice 11/24/2025 235.00 603-4-9151-4251 Page 17 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 9 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 603 2632351 1 BEER Invoice 11/24/2025 11,976.35 603-4-9151-4252 603 2632815 1 BEER CREDIT Invoice 11/21/2025 126.90- 603-4-9151-4252 603 2635166 1 THC PRODUCTS Invoice 11/28/2025 206.00 603-4-9151-4256 603 2635167 1 LIQUOR Invoice 11/28/2025 473.40 603-4-9151-4251 603 2635168 1 BEER Invoice 11/28/2025 305.85 603-4-9151-4252 603 2635173 1 BEER Invoice 11/28/2025 1,419.80 603-4-9151-4252 603 2637814 1 BEER Invoice 12/01/2025 5,782.70 603-4-9151-4252 603 2637920 1 BEER CREDIT Invoice 11/28/2025 200.10- 603-4-9151-4252 603 2641474 1 LIQUOR Invoice 12/04/2025 421.10 603-4-9151-4251 603 2641475 1 BEER Invoice 12/04/2025 1,745.21 603-4-9151-4252 603 2641819 1 BEER CREDIT Invoice 12/03/2025 200.80- 603-4-9151-4252 603 2643231 1 LIQUOR Invoice 12/08/2025 5,309.00 603-4-9151-4251 603 2643232 1 BEER Invoice 12/08/2025 4,254.10 603-4-9151-4252 603 2643233 1 BEER Invoice 12/08/2025 86.40 603-4-9151-4252 Total 8005 DAHLHEIMER BEVERAGE, LLC: 31,687.11 221 2636744 1 LIQUOR Invoice 11/28/2025 779.59 221-4-5430-4251 221 2636744 2 BEER Invoice 11/28/2025 1,453.21 221-4-5430-4252 221 2637706 1 LIQUOR CREDITS Invoice 12/04/2025 101.82- 221-4-5430-4251 221 2637706 2 BEER CREDIT Invoice 12/04/2025 18.37- 221-4-5430-4252 221 2642130 1 LIQUOR Invoice 12/05/2025 154.15 221-4-5430-4251 221 2642130 2 BEER Invoice 12/05/2025 453.00 221-4-5430-4252 Total 15366 DAHLHEIMER BEVERAGE, LLC: 2,719.76 603 2632124 1 LIQUOR Invoice 11/24/2025 105.20 603-4-9111-4251 603 2632196 1 BEER Invoice 11/24/2025 14,449.45 603-4-9111-4252 603 2632943 1 BEER CREDIT Invoice 11/21/2025 25.75- 603-4-9111-4252 603 2634896 1 BEER Invoice 11/26/2025 4,501.60 603-4-9111-4252 603 2635098 1 THC PRODUCTS Invoice 11/26/2025 370.00 603-4-9111-4256 Page 18 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 10 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 603 2637734 1 THC PRODUCTS Invoice 12/01/2025 148.00 603-4-9111-4256 603 2637735 1 BEER Invoice 12/01/2025 18,172.60 603-4-9111-4252 603 2641004 1 THC PRODUCTS Invoice 12/04/2025 67.00 603-4-9111-4256 603 2641005 1 BEER Invoice 12/04/2025 6,536.90 603-4-9111-4252 603 2641818 1 BEER CREDIT Invoice 12/03/2025 64.80- 603-4-9111-4252 603 2643048 1 BEER Invoice 12/08/2025 8,638.20 603-4-9111-4252 603 2643086 1 BEER CREDIT Invoice 12/05/2025 18.00- 603-4-9111-4252 603 2643279 1 THC PRODUCTS Invoice 12/08/2025 922.00 603-4-9111-4256 Total 15900 DAHLHEIMER BEVERAGE, LLC: 53,802.40 DANIELLE FAULHABER 101 99 1 TRANSCRIPTION SERVICES- NOV Invoice 12/01/2025 522.88 101-4-2150-4409 Total 13642 DANIELLE FAULHABER: 522.88 DISTINCTIVE WINDOW CLEANING 603 11305559 1 EXTERIOR WINDOW CLNG-NB Invoice 11/26/2025 107.88 603-4-9112-4404 603 11305559 2 EXTERIOR WINDOW CLNG-WB Invoice 11/26/2025 108.96 603-4-9152-4404 101 11305560 1 CITY HALL - EXTERIOR WINDOW CL Invoice 11/26/2025 262.00 101-4-1600-4401 101 11305560 2 FIRE DEPT 1 - EXTERIOR WINDOW C Invoice 11/26/2025 31.00 101-4-2310-4401 101 11305560 3 FIRE DEPT 2 - EXTERIOR WINDOW C Invoice 11/26/2025 118.00 101-4-2310-4401 101 11305560 4 FIRE DEPT 3 - EXTERIOR WINDOW C Invoice 11/26/2025 533.00 101-4-2310-4401 101 11305560 5 POLICE DEPT- EXTERIOR WINDOW Invoice 11/26/2025 256.00 101-4-2190-4401 101 11305560 6 UTILITIES - EXTERIOR WINDOW CLE Invoice 11/26/2025 201.00 101-4-1600-4401 211 11305560 7 LIBRARY - EXTERIOR WINDOW CLE Invoice 11/26/2025 245.00 211-4-5600-4401 101 11305560 8 PUBLIC WORKS - EXTERIOR WINDO Invoice 11/26/2025 162.00 101-4-3120-4401 Total 16448 DISTINCTIVE WINDOW CLEANING: 2,024.84 E C M PUBLISHERS INC 101 1075107 1 BASKETBALL COACH JOB AD Invoice 11/23/2025 78.40 101-4-5210-4219 101 1075597 1 SUPPLIES- INVENTORY RECEIPTS Invoice 11/25/2025 278.00 101-4-2150-4219 101 1076656 1 LEGAL NOTICE - MASTER FEE SCHE Invoice 12/06/2025 149.00 101-4-1110-4359 Page 19 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 11 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Number Number Description Type Invoice Date Invoice Amount GLAccount Number Total 17000 E C M PUBLISHERS INC: 505.40 ELK RIVER MUNICIPAL UTILITIES 603 11-26-25 ERMU 1 WATER/ELECTRIC Invoice 11/26/2025 2,089.14 603-4-9112-4389 101 11-26-25 ERMU 2 WATER/ELECTRIC Invoice 11/26/2025 419.90 101-4-5110-4389 602 11-26-25 ERMU 3 ELECTRIC Invoice 11/26/2025 688.96 602-4-9050-4389 101 11-26-25 ERMU 4 ELECTRIC Invoice 11/26/2025 169.97 101-4-2330-4389 101 11-26-25 ERMU 5 ELECTRIC Invoice 11/26/2025 1,214.31 101-4-2310-4389 Total 17700 ELK RIVER MUNICIPAL UTILITIES: 4,582.28 101 12-3-25 SA 1 ELECTRIC ASSESSMENTS Invoice 12/03/2025 3,634.43 101-3-0000-3610 101 12-3-25 SA 2 WATER ASSESSMENTS Invoice 12/03/2025 5,086.60 101-3-0000-3610 Total 17701 ELK RIVER MUNICIPAL UTILITIES: 8,721.03 ENVIRONMENTAL RESOURCE ASC 602 112859 1 BLIND SAMPLES Invoice 06/06/2025 279.22 602-4-9020-4219 Total 18161 ENVIRONMENTAL RESOURCE ASC: 279.22 FASTENAL COMPANY 101 MNELK144759 1 SUPPLIES Invoice 11/20/2025 29.57 101-4-5110-4219 101 MNELK144762 1 SUPPLIES -VENDING Invoice 11/21/2025 106.09 101-4-3120-4219 101 MNELK144762 2 SUPPLIES -VENDING Invoice 11/21/2025 72.40 101-4-5110-4219 101 MNELK144762 3 SUPPLIES -VENDING Invoice 11/21/2025 48.01 101-4-1600-4219 101 MNELK144762 4 SUPPLIES -VENDING Invoice 11/21/2025 126.28 101-4-3150-4219 101 MNELK144812 1 SUPPLIES -VENDING Invoice 11/28/2025 31.14 101-4-3120-4219 101 MNELK144812 2 SUPPLIES -VENDING Invoice 11/28/2025 18.24 101-4-3150-4219 101 MNELK144841 1 DRILL BITS Invoice 12/02/2025 92.26 101-4-5110-4219 Total 18453 FASTENAL COMPANY: 523.99 FORCE AMERICA DISTRIBUTING 101 IN001-2110637 1 PARTS Invoice 10/30/2025 829.88 101-4-3120-4221 101 IN001-2111211 1 PARTS Invoice 11/03/2025 432.34 101-4-3120-4221 Page 20 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 12 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Number Number Type Invoice Date Invoice Amount GLAccount Number Total 19286 FORCE AMERICA DISTRIBUTING: 1,262.22 FUTURE PLUS BATTERIES 101 P87479174 1 BATTERY FOR SCISSOR LIFT Invoice 11/25/2025 592.60 101-4-1600-4219 602 P87636647 1 SUPPLIES - BATTERY Invoice 12/01/2025 233.95 602-4-9020-4219 Total 11835 FUTURE PLUS BATTERIES: 826.55 GERTENS 101 7036/11 1 SUPPLIES- GRASS SEED Invoice 11/24/2025 95.95 101-4-5110-4219 Total 13257 GERTENS: 95.95 GESTALT ENGINEERING LLC 228 1317 1 LANDFILL ASSIST-NOV Invoice 12/01/2025 1,766.80 228-4-7000-4319 Total 14099 GESTALT ENGINEERING LLC: 1,766.80 GLOBAL RESERVE LLC - GRID 603 ORD-21683 1 THC PRODUCTS Invoice 12/01/2025 197.00 603-4-9151-4256 Total 15311 GLOBAL RESERVE LLC - GIRD: 197.00 GOODIN COMPANY 101 1545359-00 1 PARTS Invoice 11/21/2025 81.64 101-4-1600-4219 Total 20113 GOODIN COMPANY: 81.64 GOPHER STATE ONE -CALL INC 602 5110375 1 LOCATION CALLS Invoice 11/30/2025 341.55 602-4-9020-4404 Total 20150 GOPHER STATE ONE -CALL INC: 341.55 GRAINGER 221 9728591562 1 SUPPLIES -SQUEEGEE Invoice 12/02/2025 180.62 221-4-5400-4219 221 9728591562 2 HARDWARE FOR CURTAINS Invoice 12/02/2025 756.27 221-4-5400-4530 602 9735208424 1 PARTS Invoice 12/08/2025 120.30 602-4-9020-4219 101 9735212814 1 SUPPLIES- MIXING VALVE Invoice 12/08/2025 828.91 101-4-3120-4219 Total 20300 GRAINGER: 1,886.10 GRANITE CITY JOBBING CO 603 494634 1 POP/MISC CREDIT Invoice 11/21/2025 5.08- 603-4-9151-4255 Page 21 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 13 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Number Number Description Type Invoice Date Invoice Amount GLAccount Number 603 494805 1 POP/MISC Invoice 11/21/2025 998.60 603-4-9111-4255 603 494805 2 FREIGHT Invoice 11/21/2025 5.00 603-4-9111-4332 603 494805 3 SUPPLIES Invoice 11/21/2025 49.82 603-4-9112-4219 603 494808 1 FREIGHT Invoice 11/21/2025 5.00 603-4-9151-4332 603 494808 2 POP/MISC Invoice 11/21/2025 727.61 603-4-9151-4255 603 494808 3 SUPPLIES Invoice 11/21/2025 71.66 603-4-9152-4219 603 495782 1 POP/MISC Invoice 11/28/2025 546.83 603-4-9111-4255 603 495782 2 FREIGHT Invoice 11/28/2025 5.00 603-4-9111-4332 603 495782 3 SUPPLIES Invoice 11/28/2025 124.07 603-4-9112-4219 603 495783 1 FREIGHT Invoice 11/28/2025 5.00 603-4-9151-4332 603 495783 2 SUPPLIES Invoice 11/28/2025 91.62 603-4-9152-4219 603 495783 3 POP/MISC Invoice 11/28/2025 173.88 603-4-9151-4255 603 497049 1 POP/MISC Invoice 12/05/2025 948.37 603-4-9111-4255 603 497049 2 FREIGHT Invoice 12/05/2025 5.00 603-4-9111-4332 603 497049 3 SUPPLIES Invoice 12/05/2025 104.23 603-4-9112-4219 603 497051 1 FREIGHT Invoice 12/05/2025 5.00 603-4-9151-4332 603 497051 2 POP/MISC Invoice 12/05/2025 489.96 603-4-9151-4255 603 497051 3 SUPPLIES Invoice 12/05/2025 32.57 603-4-9152-4219 Total 10654 GRANITE CITY JOBBING CO: 4,384.14 GRIMCO, INC 101 34866178-01 1 SIGN MATERIALS Invoice 11/21/2025 210.58 101-4-1120-4226 101 34866178-02 1 SIGN MATERIALS Invoice 11/25/2025 185.91 101-4-1120-4226 101 34867157-01 1 PAPER FOR SIGNS/BANNERS Invoice 11/24/2025 232.43 101-4-1120-4226 Total 14770 GRIMCO, INC: 628.92 HAWKINS & BAUMGARTNER, P.A. 101 12-4-2025 1 NOV PROSECUTION SVCS Invoice 12/04/2025 17,740.02 101-4-1400-4304 Total 21048 HAWKINS & BAUMGARTNER, P.A.: 17,740.02 HEARTLAND BUSINESS SYSTEMS, LLC Page 22 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 14 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Number Number Type Invoice Date Invoice Amount GLAccount Number 411 846430-H 1 LENOVO THINKSTATIONS Invoice 11/26/2025 12,990.00 411-4-1350-4219 Total 14882 HEARTLAND BUSINESS SYSTEMS, LLC: 12,990.00 HEARTLAND TIRE, INC. 101 9050574 1 TIRES #00016 Invoice 12/02/2025 580.00 101-4-3150-4221 101 9050575 1 TIRES #00031 Invoice 12/02/2025 1,879.92 101-4-3150-4221 101 9050576 1 TIRES #622 Invoice 12/02/2025 720.00 101-4-2120-4221 101 9050577 1 TIRES -POLICE Invoice 12/02/2025 1,022.00 101-4-2120-4221 Total 14883 HEARTLAND TIRE, INC.: 4,201.92 HILLER COMMERCIAL FLOORS 211 2117077 1 FLOORING -LIBRARY Invoice 11/26/2025 145,318.00 211-4-5600-4520 Total 14223 HILLER COMMERCIAL FLOORS: 145,318.00 INK WIZARDS 101 12546 1 FARMERS MARKET STAFF SHIRTS N Invoice 11/25/2025 72.00 101-4-5230-4219 Total 22250 INK WIZARDS: 72.00 INVICTUS BREWING LLC 603 10352 1 BEER Invoice 11/28/2025 243.00 603-4-9111-4252 603 10352 2 THC PRODUCTS Invoice 11/28/2025 250.00 603-4-9111-4256 Total 52520 INVICTUS BREWING LLC: 493.00 ISD 728-COMMUNITY EDUCATION 101 NOV 2526 -1677 1 GYM RENTAL & BLDG SUPERVISOR Invoice 12/02/2025 236.25 101-4-5220-4412 Total 21985 ISD 728-COMMUNITY EDUCATION: 236.25 JARED NIXON 101 1381 1 SEARCH WARRANT TRAINING-OKO Invoice 11/08/2025 195.00 101-4-2130-4331 Total 52351 JARED NIXON: 195.00 JOHNSON BROS LIQUOR 603 157618 1 LIQUOR CREDIT Invoice 11/06/2025 4.67- 603-4-9111-4251 603 159638 1 LIQUOR CREDIT Invoice 11/21/2025 12.71- 603-4-9151-4251 603 159639 1 LIQUOR CREDIT Invoice 11/21/2025 8.25- 603-4-9151-4251 Page 23 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 15 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 603 159640 1 LIQUOR CREDIT Invoice 11/21/2025 8.25- 603-4-9111-4251 603 159641 1 LIQUOR CREDIT Invoice 11/21/2025 22.00- 603-4-9151-4251 603 2938308 1 LIQUOR Invoice 12/03/2025 405.00 603-4-9151-4251 603 2938308 2 FREIGHT Invoice 12/03/2025 3.48 603-4-9151-4332 603 2938309 1 WINE Invoice 12/03/2025 84.00 603-4-9151-4253 603 2938309 2 FREIGHT Invoice 12/03/2025 6.96 603-4-9151-4332 603 2938310 1 LIQUOR Invoice 12/03/2025 12,344.95 603-4-9111-4251 603 2938310 2 FREIGHT Invoice 12/03/2025 239.40 603-4-9111-4332 603 2938311 1 WINE Invoice 12/03/2025 5,321.55 603-4-9111-4253 603 2938311 2 FREIGHT Invoice 12/03/2025 113.25 603-4-9111-4332 603 2938312 1 THC PRODUCTS Invoice 12/03/2025 662.60 603-4-9111-4256 603 2938313 1 LIQUOR Invoice 12/03/2025 7,285.17 603-4-9111-4251 603 2938313 2 FREIGHT Invoice 12/03/2025 62.64 603-4-9111-4332 603 2938314 1 POP/MISC Invoice 12/03/2025 135.00 603-4-9111-4255 603 2938314 2 FREIGHT Invoice 12/03/2025 1.74 603-4-9111-4332 603 2938315 1 FREIGHT Invoice 12/03/2025 54.23 603-4-9151-4332 603 2938315 2 LIQUOR Invoice 12/03/2025 2,448.05 603-4-9151-4251 603 2938316 1 WINE Invoice 12/03/2025 1,912.85 603-4-9151-4253 603 2938316 2 FREIGHT Invoice 12/03/2025 45.24 603-4-9151-4332 603 2938317 1 POP/MISC Invoice 12/03/2025 40.00 603-4-9151-4255 603 2938317 2 FREIGHT Invoice 12/03/2025 1.74 603-4-9151-4332 603 2938318 1 FREIGHT Invoice 12/03/2025 3.48 603-4-9151-4332 603 2938318 2 LIQUOR Invoice 12/03/2025 283.70 603-4-9151-4251 Total 22775 JOHNSON BROS LIQUOR: 31,399.15 JOHNSON HEALTH TECH RETAIL, INC 101 22-046335 1 FITNESS ROOM MAINTENANCE Invoice 12/02/2025 484.00 101-4-1600-4404 Total 52331 JOHNSON HEALTH TECH RETAIL, INC: 484.00 JON A POJAR Page 24 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 16 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Number Number Type Invoice Date Invoice Amount GLAccount Number 221 113025 1 BEVERAGE SALES- NOV Invoice 12/03/2025 463.00 221-4-5430-4440 Total 52263 JON A POJAR: 463.00 KRISS PREMIUM PRODUCTS, INC 221 198001 1 WATER TREATMENT & TECH SVCS Invoice 12/03/2025 281.50 221-4-5400-4219 Total 23297 KRISS PREMIUM PRODUCTS, INC: 281.50 LAKE STATE RECYCLING INC 603 112625 1 CARDBOARD RECYCLING-WB Invoice 11/26/2025 150.00 603-4-9152-4389 Total 13119 LAKE STATE RECYCLING INC: 150.00 LAWAL SCOTT ERICKSON ARCHITECTS INC 604 6239 1 NORTHBOUND/CANNABOUND PROF Invoice 11/30/2025 16,513.84 604-4-9410-4319 603 6239 2 NORTHBOUND/CANNABOUND PROF Invoice 11/30/2025 33,528.12 603-4-9112-4319 Total 52379 LAWAL SCOTT ERICKSON ARCHITECTS INC: 50,041.96 LEAGUE OF MN CITIES INS TRUST 291 25435 - 12/1/25 1 WORK COMP DEDUCTIBLE BILLING Invoice 12/01/2025 289.79 291-4-7000-4109 291 25521 - 12/1/25 1 WORK COMP DEDUCTIBLE BILLING Invoice 12/01/2025 227.83 291-4-7000-4109 Total 23800 LEAGUE OF MN CITIES INS TRUST: 517.62 291 40001418 12-2025 1 PREPAID WC INS - JAN/MAR 2026 Invoice 12/04/2025 143,530.00 291-1550 101 40002926 12-2025 1 PREPAID PROP/CASUALTY INS - JAN Invoice 12/04/2025 88,243.00 101-1550 Total 23805 LEAGUE OF MN CITIES INS TRUST: 231,773.00 LITTLE FALLS MACHINE INC 101 374847 1 PARTS Invoice 12/03/2025 2,359.06 101-4-3120-4221 Total 24000 LITTLE FALLS MACHINE INC: 2,359.06 MRPA 101 11324 1 JOB AD BASKETBALL Invoice 11/21/2025 50.00 101-4-5210-4219 Total 24440 M R P A: 50.00 MACQUEEN EQUIPMENT, LLC 101 P68887 1 PARTS#754 Invoice 11/25/2025 196.74 101-4-5110-4221 Page 25 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 17 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Number Number Type Invoice Date Invoice Amount GLAccount Number Total 24575 MACQUEEN EQUIPMENT, LLC: 196.74 101 P59143 1 SCBA REPAIRS/TESTING Invoice 12/08/2025 6,643.50 101-4-2320-4404 Total 24576 MACQUEEN EQUIPMENT, LLC: 6,643.50 MANSFIELD OIL CO 101 27211447 1 DIESEL FUEL DYED B5 Invoice 11/21/2025 17,356.41 101-4-3120-4212 101 27220652 1 UNLEADED FUEL Invoice 11/25/2025 18,252.35 101-4-3120-4212 Total 12310 MANSFIELD OIL CO: 35,608.76 MARCO HOLDINGS LLC 101 INV14576759 1 EATON IT LICENSE & HOST EXT, PR Invoice 11/20/2025 411 INV14588995 1 DESKTOP COMPUTER Invoice 11/24/2025 101 INV14593753 1 OFFICE 365 LICENSES Invoice 11/24/2025 101 INV14597285 1 ACE365 Invoice 11/25/2025 101 INV14599744 1 UPGRADE SIMPLIVITY AND RAPID D Invoice 11/25/2025 101 INV14638068 1 INK REFILL Invoice 12/07/2025 MARTIES INC 221 331 1 SNOW MELT Invoice 12/02/2025 Total 15079 MARTIES INC: MAVERICK BEVERAGE CO MN LLC 603 INV1692799 1 LIQUOR Invoice 11/21/2025 603 INV1692799 2 FREIGHT Invoice 11/21/2025 603 INV1692800 1 WINE Invoice 11/21/2025 603 INV1692800 2 LIQUOR Invoice 11/21/2025 603 INV1692800 3 FREIGHT Invoice 11/21/2025 MAX STEININGER INC 403 199.43 1,095.65 5,937.93 6,630.00 1,092.50 333.58 15,289.09 119.92 119.92 513.48 10.50 426.64 117.00 14.00 1,081.62 PAY APP 2 1 YALE CT/LINE AVE REALIGNMENT Invoice 11/06/2025 669,158.86 101-4-1350-4404 411-4-1350-4219 101-4-1350-4404 101-4-1350-4404 101-4-1350-4319 101-4-1120-4226 221-4-5400-4219 603-4-9111-4251 603-4-9111-4332 603-4-9151-4253 603-4-9151-4251 603-4-9151-4332 403-4-8440-4530 Page 26 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 18 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Number Number Type Invoice Date Invoice Amount GLAccount Number Total 13556 MAX STEININGER INC: 669,158.86 MENARDS - ELK RIVER 221 11302025 1 SUPPLIES Invoice 11/30/2025 558.43 221-4-5400-4219 602 11302025 2 SUPPLIES Invoice 11/30/2025 622.60 602-4-9020-4219 101 11302025 3 SUPPLIES Invoice 11/30/2025 455.81 101-4-5110-4219 101 11302025 4 SUPPLIES Invoice 11/30/2025 32.86 101-4-1600-4219 211 11302025 5 SUPPLIES Invoice 11/30/2025 142.24 211-4-5600-4219 101 11302025 6 SUPPLIES Invoice 11/30/2025 1.38 101-4-3120-4219 603 11302025 7 REPAIR/MAINT SERVICES Invoice 11/30/2025 35.96 603-4-9112-4404 603 11302025 8 SUPPLIES Invoice 11/30/2025 64.07 603-4-9152-4219 101 11302025 9 SUPPLIES Invoice 11/30/2025 93.97 101-4-5220-4219 Total 25145 MENARDS - ELK RIVER: 2,007.32 METRO PRODUCTS LLC 101 189249 1 SUPPLIES Invoice 11/19/2025 118.93 101-4-3120-4219 101 189249 2 SUPPLIES Invoice 11/19/2025 118.94 101-4-3150-4219 101 189249 3 SUPPLIES Invoice 11/19/2025 118.94 101-4-5110-4219 Total 52382 METRO PRODUCTS LLC: 356.81 MIDWEST SECURITY & FIRE.0 602 R29842 1 FIRE MONITORING SVC Invoice 12/02/2025 551.88 602-4-9020-4404 Total 13459 MIDWEST SECURITY & FIRE.C: 551.88 MIDWEST WASH SYSTEMS LLC 101 27388 1 BULK SOAP Invoice 12/04/2025 887.03 101-4-3120-4219 Total 14620 MIDWEST WASH SYSTEMS LLC: 887.03 MN DEPT OF LABOR & INDUSTRY 101 NOV 2025 BP 1 BP SURCHARGE - NOV 25 CONF #N Invoice 12/03/2025 2,194.21 101-3-0000-3233 Total 26180 MN DEPT OF LABOR & INDUSTRY: 2,194.21 MN DOT 401 902623 1 2025 PAVEMENT STRIPING Invoice 12/02/2025 16,972.45 401-4-8010-4409 Page 27 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 19 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Number Number Type Invoice Date Invoice Amount GLAccount Number Total 26309 MN DOT: 16,972.45 MN VALLEY TESTING LAB INC 602 1334509 1 WATER TESTING Invoice 11/20/2025 474.40 602-4-9020-4319 602 1334704 1 WATER TESTING Invoice 11/21/2025 474.40 602-4-9020-4319 Total 24500 MN VALLEY TESTING LAB INC: 948.80 MONTICELLO SENIOR CENTER 101 12042025 1 CHRISTMAS CAROL TRIP Invoice 12/04/2025 87.00 101-4-5510-4409 Total 27070 MONTICELLO SENIOR CENTER: 87.00 MORRELL TRUCKING 245 12-15-25 MORRELL 1 TAX REBATE - MORRELL TRUCKING Invoice 12/03/2025 4,491.14 245-4-6210-4440 Total 27172 MORRELL TRUCKING: 4,491.14 MR CUTTING EDGE 221 7884 1 ICE BLADE SHARPENING Invoice 11/30/2025 291.00 221-4-5400-4401 Total 13984 MR CUTTING EDGE: 291.00 NCSI 221 64138 1 BACKGROUND CHECK-FTCEC Invoice 12/01/2025 37.00 221-4-5400-4409 101 64138 2 BACKGROUND CHECK-RECREATIO Invoice 12/01/2025 37.00 101-4-5220-4409 Total 27519 N C S I: 74.00 NAPA OF ELK RIVER, LLC 101 319147 1 PARTS #247 Invoice 11/28/2025 313.50 101-4-3120-4221 101 319849 1 SHOP STOCK - HYDRAULIC HOSE FI Invoice 12/03/2025 93.50 101-4-3150-4219 Total 52338 NAPA OF ELK RIVER, LLC: 407.00 NATURAL RESOURCE SERVICES 101 5328 1 WOODY REMOVAL - WOODLAND TR Invoice 11/21/2025 9,100.00 101-4-5110-4409 Total 14354 NATURAL RESOURCE SERVICES: 9,100.00 OLD WORLD BEER LLC 603 163412 1 BEER Invoice 12/01/2025 110.00 603-4-9111-4252 603 163412 2 WINE Invoice 12/01/2025 302.00 603-4-9111-4253 Page 28 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 20 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Number Number Type Invoice Date Invoice Amount GLAccount Number 603 163413 1 BEER Invoice 12/01/2025 110.00 603-4-9151-4252 603 163413 2 WINE Invoice 12/01/2025 302.00 603-4-9151-4253 Total 52501 OLD WORLD BEER LLC: 824.00 ONLINE SOLUTIONS LLC 290 6380 1 CITIZENSERVE SOFTWARE-COMPO Invoice 11/26/2025 2,041.64 290-4-9220-4404 Total 13784 ONLINE SOLUTIONS LLC: 2,041.64 OXYGEN SERVICE CO, INC 101 3636587 1 CYLINDER RENTALS Invoice 11/30/2025 194.96 101-4-3150-4219 Total 28960 OXYGEN SERVICE CO, INC: 194.96 PARK CONSTRUCTION CO. 401 PAY APP 4 1 2025 STREET IMPROVEMENTS Invoice 12/10/2025 71,326.57 401-4-8080-4530 Total 14326 PARK CONSTRUCTION CO.: 71,326.57 PAUL BAERTSCHI 101 12082025 1 POLICE BRIEF SUBSCRIPTION Invoice 12/08/2025 195.00 101-4-2110-4433 Total 11221 PAUL BAERTSCHI: 195.00 PAUSTIS WINE COMPANY 603 281207 1 WINE Invoice 11/20/2025 495.00 603-4-9111-4253 603 281207 2 FREIGHT Invoice 11/20/2025 10.00 603-4-9111-4332 603 281219 1 WINE Invoice 11/20/2025 362.96 603-4-9151-4253 603 281219 2 FREIGHT Invoice 11/20/2025 10.00 603-4-9151-4332 603 281239 1 WINE CREDIT Invoice 11/20/2025 7.98- 603-4-9151-4253 Total 29251 PAUSTIS WINE COMPANY: 869.98 PERFECTION PLUS, INC. 101 316271 1 CLEANING SVCS - TROTT BROOK B Invoice 12/01/2025 60.00 101-4-5210-4401 211 316272 1 MONTHLY CONTRACT CLEANING - P Invoice 12/01/2025 2,490.00 211-4-5600-4405 Total 12651 PERFECTION PLUS, INC.: 2,550.00 PERFORMANCE FOOD GROUP INC 221 790453 1 CONCESSIONS/CATERING BEVERA Invoice 12/01/2025 404.94 221-4-5430-4259 Page 29 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 21 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Number Sequence Number Description Type Invoice Date Invoice Amount GLAccount Number 221 790453 2 SUPPLIES- DISH DETERGENT Invoice 12/01/2025 233.19 221-4-5430-4219 Total 52463 PERFORMANCE FOOD GROUP INC: 638.13 PHILLIPS WINE & SPIRITS CO 603 5083054 1 LIQUOR Invoice 11/21/2025 1,336.20 603-4-9111-4251 603 5083054 2 FREIGHT Invoice 11/21/2025 24.36 603-4-9111-4332 603 5083055 1 WINE Invoice 11/21/2025 3,078.46 603-4-9111-4253 603 5083055 2 FREIGHT Invoice 11/21/2025 74.82 603-4-9111-4332 603 5083056 1 POP/MISC Invoice 11/21/2025 28.05 603-4-9111-4255 603 5083056 2 FREIGHT Invoice 11/21/2025 1.74 603-4-9111-4332 603 5083057 1 THC PRODUCTS Invoice 11/21/2025 504.00 603-4-9111-4256 603 5083058 1 WINE Invoice 11/21/2025 160.00 603-4-9151-4253 603 5083058 2 FREIGHT Invoice 11/21/2025 1.74 603-4-9151-4332 603 5083059 1 LIQUOR Invoice 11/21/2025 1,086.60 603-4-9151-4251 603 5083059 2 FREIGHT Invoice 11/21/2025 20.88 603-4-9151-4332 603 5083060 1 FREIGHT Invoice 11/21/2025 10.15 603-4-9151-4332 603 5083060 2 WINE Invoice 11/21/2025 673.75 603-4-9151-4253 603 5083061 1 POP/MISC Invoice 11/21/2025 468.70 603-4-9151-4255 603 5083061 2 FREIGHT Invoice 11/21/2025 16.16 603-4-9151-4332 603 5083062 1 THC PRODUCTS Invoice 11/21/2025 504.00 603-4-9151-4256 603 5085505 1 FREIGHT Invoice 11/25/2025 8.70 603-4-9151-4332 603 5085505 2 LIQUOR Invoice 11/25/2025 773.80 603-4-9151-4251 603 5085506 1 FREIGHT Invoice 11/25/2025 8.70 603-4-9151-4332 603 5085506 2 WINE Invoice 11/25/2025 720.00 603-4-9151-4253 603 5085507 1 FREIGHT Invoice 11/25/2025 1.74 603-4-9151-4332 603 5085507 2 POP/MISC Invoice 11/25/2025 48.15 603-4-9151-4255 603 5088307 1 LIQUOR Invoice 12/03/2025 1,397.67 603-4-9111-4251 603 5088307 2 FREIGHT Invoice 12/03/2025 20.88 603-4-9111-4332 603 5088308 1 WINE Invoice 12/03/2025 1,935.20 603-4-9111-4253 Page 30 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 22 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 603 5088308 2 FREIGHT Invoice 12/03/2025 53.94 603-4-9111-4332 603 5088309 1 POP/MISC Invoice 12/03/2025 340.50 603-4-9111-4255 603 5088309 2 FREIGHT Invoice 12/03/2025 7.09 603-4-9111-4332 603 5090234 1 FREIGHT Invoice 12/05/2025 12.18 603-4-9151-4332 603 5090234 2 LIQUOR Invoice 12/05/2025 844.80 603-4-9151-4251 603 5090235 1 FREIGHT Invoice 12/05/2025 17.40 603-4-9151-4332 603 5090235 2 WINE Invoice 12/05/2025 440.00 603-4-9151-4253 603 5090236 1 POP/MISC Invoice 12/05/2025 28.05 603-4-9151-4255 603 5090236 2 FREIGHT Invoice 12/05/2025 1.74 603-4-9151-4332 603 5090237 1 THC PRODUCTS Invoice 12/05/2025 392.00 603-4-9151-4256 Total 29665 PHILLIPS WINE & SPIRITS CO: 15,042.15 PLAISTED COMPANIES INC 101 91413 1 PREMIUM GARDEN MIX Invoice 11/22/2025 369.50 101-4-3120-4219 101 99112 1 SUPPLIES -BLACK DIRT Invoice 11/25/2025 86.85 101-4-5110-4219 Total 29845 PLAISTED COMPANIES INC: 456.35 PRECISE MRM LLC 101 IN200-2009376 1 5MB FLAT DATA PLAN Invoice 11/26/2025 456.00 101-4-3130-4219 Total 11804 PRECISE MRM LLC: 456.00 PRO-TEC DESIGN, INC 292 121407 1 STATION 3 ACCESS CONTROL ADDI Invoice 11/26/2025 3,460.19 292-4-2310-4401 101 121504 1 PRO-TEC SUPPORT Invoice 11/30/2025 305.00 101-4-1350-4319 Total 30229 PRO-TEC DESIGN, INC: 3,765.19 PRYES BREWING COMPANY LLC 603 W-111732 1 BEER Invoice 12/04/2025 399.50 603-4-9111-4252 Total 52318 PRYES BREWING COMPANY LLC: 399.50 QUALITY FLOW SYSTEMS INC 602 50109 1 LIFT STATION SERVICE CHECKS Invoice 11/20/2025 3,400.00 602-4-9050-4404 602 50124 1 HWY 10 PLC AND EVANS PLC Invoice 11/24/2025 12,985.00 602-4-9050-4219 Page 31 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 23 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number Total 30500 QUALITY FLOW SYSTEMS INC: 16,385.00 RAFTERS BREWING LLC 603 IN-7597 1 BEER Invoice 11/21/2025 633.00 603-4-9111-4252 603 IN-7712 1 BEER Invoice 12/03/2025 332.00 603-4-9111-4252 Total 52504 RAFTERS BREWING LLC: 965.00 RAN PROPERTIES LLC 245 12-15-25 GATR 1 TAX REBATE - GATR Invoice 12/03/2025 16,342.78 245-4-6210-4440 Total 13377 RAN PROPERTIES LLC: 16,342.78 RCX SPORTS LLC 101 24000025174 1 FLAG FOOTBALL SUPPLIES Invoice 12/03/2025 1,162.55 101-4-5220-4219 Total 52528 RCX SPORTS LLC: 1,162.55 RED BULL DISTRIBUTION COM 603 5020233721 1 POP/MISC Invoice 12/03/2025 265.93 603-4-9151-4255 Total 12944 RED BULL DISTRIBUTION COM: 265.93 REPUBLIC SERVICES #899 101 0899-004891851 1 GARBAGE SVC -RIVERS EDGE Invoice 11/30/2025 101 899-004891465 1 NOV COMM GARBAGE SVC Invoice 11/30/2025 101 899-004891465 2 NOV COMM GARBAGE SVC Invoice 11/30/2025 101 899-004891465 3 NOV COMM GARBAGE SVC Invoice 11/30/2025 603 899-004891465 4 NOV COMM GARBAGE SVC Invoice 11/30/2025 603 899-004891465 5 NOV COMM GARBAGE SVC Invoice 11/30/2025 602 899-004891465 6 NOV COMM GARBAGE SVC Invoice 11/30/2025 602 899-004891465 7 NOV COMM GARBAGE SVC Invoice 11/30/2025 101 899-004891465 8 NOV COMM GARBAGE SVC Invoice 11/30/2025 101 899-004891465 9 NOV COMM GARBAGE SVC-FS 3 Invoice 11/30/2025 221 899-004891465 10 NOV COMM GARBAGE SVC Invoice 11/30/2025 228 899-004891465 11 NOV COMM GARBAGE SVC Invoice 11/30/2025 101 899-004891465 12 NOV COMM GARBAGE SVC Invoice 11/30/2025 213.63 230.23 171.73 1,147.03 89.06 89.06 171.66 273.68 98.72 141.78 1,007.10 288.25 670.05 101-4-5110-4389 101-4-1600-4389 101-4-2190-4389 101-4-3120-4389 603-4-9112-4389 603-4-9152-4389 602-4-9020-4389 602-4-9020-4384 101-4-2310-4389 101-4-2310-4389 221-4-5400-4389 228-4-7000-4389 101-4-5110-4389 Page 32 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 24 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 211 899-004891465 13 NOV COMM GARBAGE SVC Invoice 11/30/2025 1,468.83 211-4-5600-4389 605 899-004892511 1 RESIDENTIAL GARBAGE SVC Invoice 11/30/2025 102,272.84 605-4-9210-4409 Total 10407 REPUBLIC SERVICES #899: 108,333.65 SBH PROPERTIES LLC 245 12-15-25 APEX 1 TAX REBATE - APEX 2025 Invoice 12/03/2025 7,665.29 245-4-6210-4440 Total 13926 SBH PROPERTIES LLC: 7,665.29 SHERWIN-WILLIAMS 211 51731145961225 1 PAINT Invoice 12/04/2025 55.45 211-4-5600-4219 Total 32280 SHERWIN-WILLIAMS: 55.45 SNAP -ON INDUSTRIAL 101 ARV/66493886 1 SHOP TOOLS Invoice 11/25/2025 246.88 101-4-3150-4219 Total 32650 SNAP -ON INDUSTRIAL: 246.88 SOUTHERN GLAZER'S WINE & SPIRITS OF MN 603 2697379 1 FREIGHT Invoice 11/26/2025 3.84 603-4-9151-4332 603 2697380 1 LIQUOR Invoice 11/26/2025 1,038.60 603-4-9151-4251 603 2697380 2 FREIGHT Invoice 11/26/2025 3.84 603-4-9151-4332 603 2697381 1 FREIGHT Invoice 11/26/2025 26.88 603-4-9151-4332 603 2697381 2 WINE Invoice 11/26/2025 1,724.44 603-4-9151-4253 603 2699907 1 FREIGHT Invoice 12/04/2025 52.69 603-4-9151-4332 603 2699907 2 LIQUOR Invoice 12/04/2025 3,709.06 603-4-9151-4251 603 2699907 3 WINE Invoice 12/04/2025 337.50 603-4-9151-4253 603 2699908 1 FREIGHT Invoice 12/04/2025 19.20 603-4-9151-4332 603 2699908 2 WINE Invoice 12/04/2025 951.30 603-4-9151-4253 603 5132573 1 LIQUOR Invoice 12/04/2025 269.96 603-4-9151-4251 603 5132573 2 FREIGHT Invoice 12/04/2025 1.28 603-4-9151-4332 Total 8000 SOUTHERN GLAZER'S WINE & SPIRITS OF MN: 8,138.59 603 2697378 1 FREIGHT Invoice 11/26/2025 3.75 603-4-9111-4332 603 2699904 1 LIQUOR Invoice 12/04/2025 8,408.34 603-4-9111-4251 Page 33 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 25 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 603 2699904 2 WINE 603 2699904 3 FREIGHT 603 2699905 1 WINE 603 2699905 2 FREIGHT 603 2699906 1 FREIGHT 603 5132571 1 LIQUOR 603 5132571 2 FREIGHT 603 5132572 1 WINE 603 5132572 2 FREIGHT 603 9673670 1 LIQUOR CREDIT 603 9673693 1 LIQUOR CREDIT 603 9673871 1 FREIGHT CREDIT 116WISIB3mlYs1417I:I:7kq[eIw-,IVA:1:icy►d1IkqI:t?&99I:71�YelyiiFilk STAPLES BUSINESS ADVANTAGE 101 7007858697 1 SUPPLIES-EDA 603 7007858697 2 SUPPLIES-WB 101 7007858697 3 SUPPLIES 101 7007858697 4 SUPPLIES 101 7007858697 5 SUPPLIES 101 7007858697 6 SUPPLIES 101 7007858697 7 SUPPLIES 101 7007858697 8 SUPPLIES 101 7007858697 9 SUPPLIES 101 7007858697 10 SUPPLIES 101 7007858697 11 SUPPLIES Total 33059 STAPLES BUSINESS ADVANTAGE STATE OF MINNESOTA 101 Decals 2026 - CD 1 2026 DECALS- 50 #123048 Invoice 12/04/2025 98.00 603-4-9111-4253 Invoice 12/04/2025 94.17 603-4-9111-4332 Invoice 12/04/2025 1,448.57 603-4-9111-4253 Invoice 12/04/2025 25.00 603-4-9111-4332 Invoice 12/04/2025 1.87 603-4-9111-4332 Invoice 11/26/2025 269.96 603-4-9111-4251 Invoice 11/26/2025 1.25 603-4-9111-4332 Invoice 11/26/2025 416.00 603-4-9111-4253 Invoice 11/26/2025 6.25 603-4-9111-4332 Invoice 12/05/2025 99.00- 603-4-9111-4251 Invoice 12/05/2025 51.45- 603-4-9111-4251 Invoice 12/05/2025 1.25- 603-4-9111-4332 10,621.46 Invoice 11/30/2025 2.88 101-4-6210-4440 Invoice 11/30/2025 33.78 603-4-9152-4219 Invoice 11/30/2025 3.59 101-4-5210-4219 Invoice 11/30/2025 1.79 101-4-3300-4201 Invoice 11/30/2025 .72 101-4-2440-4219 Invoice 11/30/2025 5.38 101-4-2410-4201 Invoice 11/30/2025 5.38 101-4-1510-4201 Invoice 11/30/2025 22.22 101-4-1310-4201 Invoice 11/30/2025 13.31 101-4-1220-4201 Invoice 11/30/2025 32.66 101-4-1210-4201 Invoice 11/30/2025 1.79 101-4-1120-4201 123.50 Invoice 12/02/2025 100.00 101-4-3150-4219 Page 34 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 26 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Number Number Description Type Invoice Date Invoice Amount GLAccount Number 101 Decals 2026 - MB 1 2026 DECALS- 10 #190281 Invoice 12/02/2025 20.00 101-4-3150-4219 101 Decals 2026 - ST 1 2026 DECALS- 15 #190301 Invoice 12/02/2025 30.00 101-4-3150-4219 Total 33148 STATE OF MINNESOTA: 150.00 STEP SAVER INC 101 186663 1 SERVICE CALL/FILTER INSTALL Invoice 07/31/2025 195.98 101-4-1600-4401 101 188900 1 BULK SALT --POLICE DEPARTMENT Invoice 10/09/2025 139.50 101-4-2160-4219 101 190005 1 BULK SALT --POLICE DEPARTMENT Invoice 11/19/2025 133.50 101-4-2190-4219 Total 13048 STEP SAVER INC: 468.98 SUMMIT COMPANIES 221 3677672 1 YEARLY ANSUL INSPECTION Invoice 11/25/2025 407.50 221-4-5400-4401 Total 33444 SUMMIT COMPANIES: 407.50 SUPERIOR CAPITAL HOLDINGS 101 2511870 1 SUPPLIES -BATTERIES Invoice 11/25/2025 1,051.20 101-4-3120-4219 101 2511874 1 SUPPLIES -HEADSETS Invoice 11/18/2025 4,350.11 101-4-3120-4219 101 2512251 1 SUPPLIES -HEADSET Invoice 11/26/2025 1,182.00 101-4-5110-4219 Total 15211 SUPERIOR CAPITAL HOLDINGS: 6,583.31 SYSCO MINNESOTA INC 221 647291698 1 SUPPLIES-PLATES/TOWELS Invoice 12/04/2025 119.93 221-4-5430-4219 221 647291698 2 CATERING/CONCESSIONS FOOD & Invoice 12/04/2025 1,545.31 221-4-5430-4259 Total 12551 SYSCO MINNESOTA INC: 1,665.24 THE AMERICAN BOTTLING CO 603 4851001956 1 POP/MISC Invoice 12/01/2025 341.08 603-4-9151-4255 603 4851001964 1 POP Invoice 12/01/2025 321.00 603-4-9111-4255 Total 10415 THE AMERICAN BOTTLING CO: 662.08 THE UPS STORE #5093 101 P055093A 364286 1 SHIPPING FIRE GEAR Invoice 09/30/2025 742.82 101-4-2310-4322 Total 35549 THE UPS STORE #5093: 742.82 THE WINE COMPANY Page 35 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 27 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Number Number Type Invoice Date Invoice Amount GLAccount Number 603 317837 1 LIQUOR Invoice 11/21/2025 202.00 603-4-9111-4251 603 317837 2 WINE Invoice 11/21/2025 834.00 603-4-9111-4253 603 317837 3 FREIGHT Invoice 11/21/2025 30.00 603-4-9111-4332 603 317841 1 FREIGHT Invoice 11/21/2025 27.00 603-4-9151-4332 603 317841 2 LIQUOR Invoice 11/21/2025 202.00 603-4-9151-4251 603 317841 3 WINE Invoice 11/21/2025 630.00 603-4-9151-4253 Total 36423 THE WINE COMPANY: 1,925.00 TKDA 602 2025006959 1 UPLAND SANITARY SEWER DESIGN Invoice 12/01/2025 910.00 602-4-9070-4319 Total 11555 TKDA: 910.00 TRADEWINDS ELECTRIC, LLC 221 25307 1 HS LOCKER RM LIGHTS/ FIXTURE R Invoice 08/21/2025 3,385.00 221-4-5400-4401 Total 34572 TRADEWINDS ELECTRIC, LLC: 3,385.00 TRANSUNION RISK & ALTERNATIVE 101 556261-202511-1 1 ONLINE INVESTIGATIVE SVCS Invoice 12/01/2025 110.00 101-4-2130-4433 Total 12665 TRANSUNION RISK & ALTERNATIVE: 110.00 TROJAN TECHNOLOGIES CORP 602 200/50008197 1 HYDRAULIC HOSES Invoice 11/19/2025 598.65 602-4-9020-4219 Total 52374 TROJAN TECHNOLOGIES CORP: 598.65 URBAN GROWLER BREWING COMPANY, LLC 603 E-41638 1 BEER Invoice 12/02/2025 371.00 603-4-9111-4252 603 E-41639 1 BEER Invoice 12/02/2025 273.50 603-4-9151-4252 Total 52364 URBAN GROWLER BREWING COMPANY, LLC: 644.50 US FOODS, INC 221 5634253 1 CUPS/STRAWS/PLATES Invoice 12/02/2025 117.37 221-4-5430-4219 221 5634253 2 CATERING/CONCESSIONS FOOD & Invoice 12/02/2025 2,089.67 221-4-5430-4259 Total 52522 US FOODS, INC: 2,207.04 UTILITY CONSULTANTS, INC Page 36 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 28 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Sequence Description Type Invoice Invoice GLAccount Number Number Date Amount Number 602 126092 1 SAMPLE TESTING Invoice 12/04/2025 3,071.73 Total 35571 UTILITY CONSULTANTS, INC: 3,071.73 VESTIS GROUP INC 221 2500839904 1 CONCESSIONS - MOPS/LINENS/NAP Invoice 11/20/2025 22.86 221 2500845698 1 CONCESSIONS - MOPS/LINENS/NAP Invoice 11/27/2025 22.86 221 2500845700 1 LOBBY RUGS Invoice 11/27/2025 23.31 221 2500851502 1 CONCESSIONS - MOPS/LINENS/NAP Invoice 12/04/2025 22.86 Total 52462 VESTIS GROUP INC: 91.89 VIKING COCA -COLA CO 603 3808546 1 POP Invoice 11/21/2025 1,108.30 603 3808590 1 POP/MISC Invoice 11/26/2025 893.30 Total 35725 VIKING COCA -COLA CO: 2,001.60 VINOCOPIA 603 384363-CM 1 WINE CREDIT Invoice 11/25/2025 96.00- 603 386119-IN 1 LIQUOR Invoice 12/03/2025 132.30 603 386120-IN 1 LIQUOR Invoice 12/03/2025 338.25 603 386120-IN 2 WINE Invoice 12/03/2025 336.00 603 386120-IN 3 FREIGHT Invoice 12/03/2025 12.50 Total 35763 VINOCOPIA: 723.05 WASTE MANAGEMENT CORP SVCS 605 50148-1706-7 1 GARBAGE TIPPING FEES 11/1 - 11/15 Invoice 11/17/2025 24,022.55 607 50161-1706-0 1 STREET SWEEPING Invoice 12/01/2025 10,126.56 605 50189-1706-1 1 GARBAGE TIPPING FEES 11/16-11/30 Invoice 12/01/2025 24,185.86 Total 36033 WASTE MANAGEMENT CORP SVCS: 58,334.97 WELLINGTON SECURITY SYSTEMS 603 217750 1 BURGLARY MONITORING - NB Invoice 12/01/2025 243.85 Total 36198 WELLINGTON SECURITY SYSTEMS: 243.85 WINDSTREAM 602-4-9020-4319 221-4-5430-4219 221-4-5430-4219 221-4-5400-4219 221-4-5430-4219 603-4-9111-4255 603-4-9151-4255 603-4-9111-4253 603-4-9111-4251 603-4-9111-4251 603-4-9111-4253 603-4-9111-4332 605-4-9210-4384 607-4-9310-4409 605-4-9210-4384 603-4-9112-4404 Page 37 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 29 Report dates: ALL -ALL Dec 11, 2025 11:13AM Invoice Number Sequence Number Description Type Invoice Date Invoice Amount GLAccount Number 101 12-03-25 1 PHONE LINE CHGS-FIRE Invoice 12/03/2025 131.78 101-4-2310-4321 101 12-03-25 2 PHONE LINE CHGS-FIRE INSP Invoice 12/03/2025 52.08 101-4-2320-4321 Total 11102 WINDSTREAM: 183.86 WINE MERCHANTS 603 7544633 1 WINE Invoice 12/03/2025 2,148.00 603-4-9111-4253 603 7544633 2 FREIGHT Invoice 12/03/2025 20.01 603-4-9111-4332 603 7544634 1 POP/MISC Invoice 12/03/2025 136.00 603-4-9111-4255 603 7544634 2 FREIGHT Invoice 12/03/2025 1.74 603-4-9111-4332 603 7544635 1 FREIGHT Invoice 12/03/2025 14.65 603-4-9151-4332 603 7544635 2 WINE Invoice 12/03/2025 965.24 603-4-9151-4253 603 7545108 1 FREIGHT Invoice 12/05/2025 1.74 603-4-9151-4332 603 7545108 2 WINE Invoice 12/05/2025 80.00 603-4-9151-4253 Total 36425 WINE MERCHANTS: 3,367.38 Total : 1,852,822.08 Grand Totals: 1,852,822.08 Summary by General Ledger Account Number GL Account Number Debit Credit Net 101-1550 88,243.00 .00 88,243.00 101-3-0000-3233 2,194.21 .00 2,194.21 101-3-0000-3610 8,721.03 .00 8,721.03 101-4-1110-4359 149.00 .00 149.00 101-4-1120-4201 40.18 .00 40.18 101-4-1120-4226 962.50 .00 962.50 101-4-1210-4201 73.22 .00 73.22 101-4-1210-4321 38.23 .00 38.23 101-4-1220-4201 15.71 .00 15.71 101-4-1220-4319 105.00 .00 105.00 101-4-1310-4201 24.62 .00 24.62 101-4-1350-4219 87.60 .00 87.60 101-4-1350-4319 1,397.50 .00 1,397.50 101-4-1350-4321 143.66 .00 143.66 101-4-1350-4404 12,767.36 .00 12,767.36 101-4-1400-4304 17,740.02 .00 17,740.02 101-4-1510-4201 12.57 .00 12.57 101-4-1600-4219 1,294.65 .00 1,294.65 101-4-1600-4321 128.07 .00 128.07 Page 38 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 30 Report dates: ALL -ALL Dec 11, 2025 11:13AM Summary by General Ledger Account Number GL Account Number Debit Credit Net 101-4-1600-4389 230.23 .00 230.23 101-4-1600-4401 783.98 .00 783.98 101-4-1600-4404 484.00 .00 484.00 101-4-2110-4321 3,352.25 .00 3,352.25 101-4-2110-4433 195.00 .00 195.00 101-4-2120-4217 381.00 .00 381.00 101-4-2120-4219 1,481.63 .00 1,481.63 101-4-2120-4221 1,742.00 .00 1,742.00 101-4-2130-4217 379.74 .00 379.74 101-4-2130-4319 194.18 .00 194.18 101-4-2130-4331 195.00 .00 195.00 101-4-2130-4433 271.04 .00 271.04 101-4-2150-4219 278.00 .00 278.00 101-4-2150-4409 522.88 .00 522.88 101-4-2160-4219 139.50 .00 139.50 101-4-2190-4219 209.50 .00 209.50 101-4-2190-4389 171.73 .00 171.73 101-4-2190-4401 3,873.53 .00 3,873.53 101-4-2310-4217 457.64 .00 457.64 101-4-2310-4219 1,296.03 .00 1,296.03 101-4-2310-4321 763.53 .00 763.53 101-4-2310-4322 742.82 .00 742.82 101-4-2310-4389 1,454.81 .00 1,454.81 101-4-2310-4401 734.50 .00 734.50 101-4-2320-4321 52.08 .00 52.08 101-4-2320-4404 6,643.50 .00 6,643.50 101-4-2330-4389 169.97 .00 169.97 101-4-2410-4201 9.69 .00 9.69 101-4-2440-4219 5.03 .00 5.03 101-4-3120-4201 19.20 .00 19.20 101-4-3120-4212 35,608.76 .00 35,608.76 101-4-3120-4219 8,413.67 .00 8,413.67 101-4-3120-4221 3,934.78 .00 3,934.78 101-4-3120-4389 1,147.03 .00 1,147.03 101-4-3120-4401 272.00 .00 272.00 101-4-3120-4409 1,439.30 .00 1,439.30 101-4-3130-4219 4,088.24 .00 4,088.24 101-4-3150-4219 948.80 .00 948.80 101-4-3150-4221 2,459.92 .00 2,459.92 101-4-3300-4201 6.58 .00 6.58 101-4-5110-4219 2,317.91 .00 2,317.91 101-4-5110-4221 498.67 .00 498.67 101-4-5110-4389 1,303.58 .00 1,303.58 101-4-5110-4404 496.16 .00 496.16 101-4-5110-4409 9,100.00 .00 9,100.00 101-4-5210-4219 137.74 .00 137.74 101-4-5210-4401 60.00 .00 60.00 101-4-5220-4219 1,342.72 .00 1,342.72 101-4-5220-4409 37.00 .00 37.00 101-4-5220-4412 236.25 .00 236.25 101-4-5230-4219 72.00 .00 72.00 101-4-5510-4219 166.91 .00 166.91 101-4-5510-4409 87.00 .00 87.00 101-4-6210-4440 7.67 .00 7.67 211-4-5600-4219 576.00 .00 576.00 Page 39 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 31 Report dates: ALL -ALL Dec 11, 2025 11:13AM Summary by General Ledger Account Number GL Account Number Debit Credit Net 211-4-5600-4389 1,468.83 .00 1,468.83 211-4-5600-4401 245.00 .00 245.00 211-4-5600-4405 2,490.00 .00 2,490.00 211-4-5600-4520 145, 318.00 .00 145, 318.00 221-4-5400-4219 2,434.04 .00 2,434.04 221-4-5400-4259 29.98 .00 29.98 221-4-5400-4389 1,007.10 .00 1,007.10 221-4-5400-4401 4,208.50 .00 4,208.50 221-4-5400-4409 37.00 .00 37.00 221-4-5400-4530 756.27 .00 756.27 221-4-5430-4219 914.36 .00 914.36 221-4-5430-4251 933.74 101.82- 831.92 221-4-5430-4252 1,906.21 18.37- 1,887.84 221-4-5430-4259 4,693.89 .00 4,693.89 221-4-5430-4440 463.00 .00 463.00 228-4-7000-4319 1,766.80 .00 1,766.80 228-4-7000-4389 288.25 .00 288.25 245-4-6210-4440 45,679.91 .00 45,679.91 290-4-2350-4219 89.35 .00 89.35 290-4-9220-4404 2,041.64 .00 2,041.64 291-1550 143, 530.00 .00 143, 530.00 291-4-7000-4109 517.62 .00 517.62 292-4-2310-4401 3,460.19 .00 3,460.19 296-4-7000-4520 5,820.64 .00 5,820.64 401-4-8010-4409 16, 972.45 .00 16, 972.45 401-4-8080-4530 71,326.57 .00 71,326.57 403-4-8440-4530 669,158.86 .00 669,158.86 411-4-1350-4219 14, 085.65 .00 14, 085.65 602-4-9010-4321 44.92 .00 44.92 602-4-9020-4219 3,464.60 .00 3,464.60 602-4-9020-4319 4,270.53 .00 4,270.53 602-4-9020-4384 273.68 .00 273.68 602-4-9020-4389 171.66 .00 171.66 602-4-9020-4404 893.43 .00 893.43 602-4-9020-4417 472.09 .00 472.09 602-4-9050-4219 12, 985.00 .00 12, 985.00 602-4-9050-4389 688.96 .00 688.96 602-4-9050-4404 3,400.00 .00 3,400.00 602-4-9070-4319 910.00 .00 910.00 603-4-9111-4251 38,004.10 180.20- 37,823.90 603-4-9111-4252 89,341.65 239.42- 89,102.23 603-4-9111-4253 20,273.83 262.00- 20,011.83 603-4-9111-4255 5,003.91 12.00- 4,991.91 603-4-9111-4256 4,388.94 .00 4,388.94 603-4-9111-4332 990.86 15.30- 975.56 603-4-9112-4219 278.12 .00 278.12 603-4-9112-4319 33,528.12 .00 33,528.12 603-4-9112-4389 2,178.20 .00 2,178.20 603-4-9112-4404 611.96 .00 611.96 603-4-9151-4251 19,993.22 42.96- 19,950.26 603-4-9151-4252 38,772.06 527.80- 38,244.26 603-4-9151-4253 9,898.68 117.98- 9,780.70 603-4-9151-4255 3,874.20 5.08- 3,869.12 603-4-9151-4256 1,454.70 .00 1,454.70 603-4-9151-4332 423.87 .00 423.87 Page 40 of 447 CITY OF ELK RIVER Unpaid Invoice Report - AP Page: 32 Report dates: ALL -ALL Dec 11, 2025 11:13AM Summary by General Ledger Account Number GL Account Number Debit Credit Net 603-4-9152-4219 293.70 .00 293.70 603-4-9152-4389 239.06 .00 239.06 603-4-9152-4404 2,213.67 .00 2,213.67 604-4-9410-4319 16, 513.84 .00 16, 513.84 605-4-9210-4219 110.98 .00 110.98 605-4-9210-4384 48,208.41 .00 48,208.41 605-4-9210-4409 102, 272.84 .00 102, 272.84 607-4-9310-4409 10,126.56 .00 10,126.56 Grand Totals: 1,854,345.01 1,522.93- 1,852,822.08 Summary by General Ledger Posting Period GL Posting Period Debit Credit Net 00/00 1,854,345.01 1,522.93- 1,852,822.08 Grand Totals: 1,854,345.01 1,522.93- 1,852,822.08 Page 41 of 447 CITY OF ELK RIVER Check Register - By Bank- Excludes P/R Page: 1 Check Issue Dates: 12/3/2025 - 12/11/2025 Dec 11, 2025 11:39AM GL Check Period Issue Date Check Number Vendor Number Payee Invoice Number Invoice GL Account Discount Taken Invoice Amount Check Amount Bank Number 131306 12/25 12/05/2025 131306 36670 ANDREW ZABEE 11262025 101-4-2150-4217 .00 89.92 89.92 1 Total 131306: .00 89.92 131307 12/25 12/05/2025 131307 18515 FEDEX 9-072-47085 101-4-2110-4322 00 10.85 10.85 1 Total 131307: .00 10.85 131309 12125 12/05/2025 1.31308 11938 JOSEPH FIRKUS 11282025 101-4-2120-4217 .00 27.41 27.41 1 12/25 12/05/2025 131308 11938 JOSEPH FIRKUS 11-30-25 JF 101-4-2120-4212 .00 44.38 44.38 1 Total 131308: .00 71.79 131309 12/25 12/05/2025 131309 34275 JUDYTHOMPSON 12-4-25 GOPH 101-4-1110-4440 .00 28.00 28.00 1 Total 131309: .00 28.00 131310 12/25 12/05/2025 131310 17255 MARK EDLUND 11-30-25 ME 101-4-2120-4212 .00 48.01 48.01 1 Total 131310: .00 48.01 131311 12/25 12/05/2025 131311 13780 RUM RIVER ART CENTER INC 1235579 101-4-5510-4409 .00 336.00 336.00 1 Total 131311: .00 336.00 131312 12/25 12/05/2025 131312 10138 A T & T MOBILITY X11282025 101-4-2130-4433 .00 83.92 83.92 1 Total 131312: .00 83.92 131313 12/25 12/05/2025 131313 52521 AARON DAHLSEID 120125 221-4-5400-4319 .00 200.00 200.00 1 M = Manual Check, V = Void Check Page 42 of 447 CITY OF ELK RIVER Check Register - By Bank- Excludes P/R Page: 2 Check Issue Dates: 12/3/2025 - 12/11/2025 Dec 11, 2025 11:39AM GL Check Period Issue Date Check Number Vendor Number Payee Invoice Number Invoice GL Account Total 131313' 131314 12/25 12/05/2025 131314 15163 ALICOLE LLP 4 101-4-5510-4409 Total 131314: 131315 12/25 12/05/2025 131315 52524 ALLISON BREDEHOFT 11-30-25 AB 101-4-2120-4212 Total 131315: 131316 12/25 12/05/2025 131316 14662 ARVIG 3097643 - 11-2 602-4-9010-4321 Total 131316: 131317 12/25 12/05/2025 131317 10762 ASTLEFORD INTERNATIONAL 1 P1 38629 101-4-3150-4219 12/25 12/06/2025 131317 10762 ASTLEFORD INTERNATIONAL 1 P1 40860 101-4-3150-4221 12/25 12/05/2025 131317 10762 ASTLEFORD INTERNATIONAL 1P140861 101-4-3150-4219 Total 131317: 131318 12/25 12/05/2025 131318 15241 BRIGHTON SANDBLASTING, IN 81852 101-4-2190-4401 Total 131318: 131319 12/25 12/05/2025 131319 14651 COMMISSIONER OF TRANSPORTATIO P00020761 401-4-8080-4409 Total 131319: 131320 12/25 12/05/2025 131320 11664 CRAWFORD DOOR SALES CO 58284 101-4-3120-4401 M = Manual Check, V = Void Check Discount Invoice Check Bank Number Taken Amount Amount .00 240.00 240.00 1 00 240.00 .00 44.46 44.46 1 .00 44.46 .00 97.30 97.30 1 .00 97.30 00 80.00- 80.00- 1 .00 400.46 400.46 1 .00 150.24 150.24 1 00 470.70 .00 1,543.75 1,543.75 1 .00 1,543.75 .00 3,696.85 3,696.85 1 .00 3,696.85 .00 2,180.00 2,180.00 1 Page 43 of 447 CITY OF ELK RIVER Check Register - By Bank- Excludes P/R Page: 3 Check Issue Dates: 12/3/2025 - 12/11/2025 Dec 11, 2025 11:39AM GL Check Period Issue Date Check Number Vendor Number Payee Invoice Number Invoice GL Account Discount Taken Invoice Amount Check Amount Bank Number Total 131320' .00 2,180.00 131321 12/25 12/05/2025 131321 15573 CULLIGAN 101X4092660 602-4-9020-4219 .00 41.00 41.00 1 12/25 12/05/2025 131321 15573 CULLIGAN 101X4096210 602-4-9020-4219 .00 20.50 20.50 1 Total 131321, .00 61.50 131322 12/25 12/05/2025 131322 16625 DOLPHIN CAR WASH INC 1243-R-0056 101-4-2320-4404 .00 150.00 150.00 1 Total 131322: .00 150.00 131323 12/25 12/05/2025 131323 11711 FLEETPRIDE 130347116 101-4-5110-4221 .00 223.52 223.52 1 Total 131323: .00 223.52 131324 12/25 12/05/2025 131324 14883 HEARTLAND TIRE, INC. 9049107 101-4-2410-4404 .00 473.04 473.04 1 Total 131324: .00 473.04 131325 12/25 12/05/2025 131325 21600 HOME DEPOT CREDIT SERVICES 3621449 221-4-5400-4219 .00 158.34 158.34 1 Total 131325: .00 158.34 131326 12/25 12/05/2025 131326 52392 JOHN CHALMERS 6056 602-4-9020-4219 .00 1,185.00 1,185.00 1 Total 131326: .00 1,185.00 131327 12/25 12/05/2025 131327 12248 JONATHAN CHRISTIE 11272025 101-4-2120-4217 .00 61.70 61.70 1 Total 131327: .00 61.70 M = Manual Check, V = Void Check Page 44 of 447 CITY OF ELK RIVER Check Register - By Bank- Excludes P/R Page: 4 Check Issue Dates: 12/3/2025 - 12/11/2025 Dec 11, 2025 11:39AM GL Check Check Vendor Invoice Invoice Discount Invoice Check Bank Number Period Issue Date Number Number Payee Number GL Account Taken Amount Amount 131328 12/25 12/05/2025 131328 12332 MARCO TECHNOLOGIES LLC 569794498 101-4-1350-4404 .00 3,708.19 3,708.19 1 Total 131328, .00 3,708.19 131329 12/25 12/05/2025 131329 8136 MARY BETH DUNN 98090732 101-3-0000-3472 _00 100.00 10000 1 Total 131329: .00 100.00 131330 12/25 12/05/2025 131330 14420 MICHAEL WELSH 11302025 MW 101-4-2120-4212 00 71 43 7143 1 12/25 12/05/2025 131330 14420 MICHAEL WELSH 12012025 MW 101-4-2120-4212 .00 44.42 44.42 1 Total 131330: .00 115.85 131331 12/25 12/05/2025 131331 14463 NEMECEK GROUP, LLC INV-39501 221-4-5400-4219 .00 354.25 354.25 1 Total 131331: .00 354.25 131332 12/25 12/05/2025 131332 28658 OFFICE OF SECRETARY OF ST ROBERTSON 101-4-1210-4433 .00 120.00 120.00 1 Total 131332: .00 120.00 131333 12/25 12/05/2025 131333 28937 O'REILLY AUTOMOTIVE, INC 112825 101-4-3120-4221 .00 666.21 666.21 1 Total 131333: .00 666.21 131334 12/25 12/05/2025 131334 52346 STREICHER'S INC 11792711 101-4-2110-4217 .00 136.98 136.98 1 Total 131334: .00 136.98 131335 12/25 12/05/2025 131335 12551 SYSCO MINNESOTA INC 647265544 221-4-5430-4259 .00 2,636.64 2,636.64 1 12/25 12/05/2025 131335 12551 SYSCO MINNESOTA INC 647271295 221-4-5430-4259 .00 24.69- 24.69- 1 M = Manual Check, V = Void Check Page 45 of 447 CITY OF ELK RIVER Check Register - By Bank- Excludes P/R Page: 5 Check Issue Dates: 12/3/2025 - 12/11/2025 Dec 11, 2025 11:39AM GL Check Period Issue Date Check Number Vendor Number Payee Invoice Number Invoice GL Account Discount Taken Invoice Amount Check Amount Bank Number 12/25 12/05/2025 131335 12551 SYSCO MINNESOTA INC 647278395 221-4-5430-4259 .00 2,677.99 2,677.99 1 Total 131335: .00 5,289.94 131336 12/25 12/05/2025 131336 52522 US FOODS, INC 5294111 221-4-5430-4259 .00 178.11 178.11 1 12/25 12/06/2025 131336 52522 US FOODS, INC 6319839 221-4-5430-4219 .00 273.48 273.48 1 12/25 12/06/2025 131336 52522 US FOODS, INC 6621654 221-4-5430-4259 .00 173.40 173.40 1 12/25 12/05/2025 131336 52522 US FOODS, INC 5900346 221-4-5430-4219 .00 400.00 400.00 1 Total 131336: .00 1,024.99 131337 12/25 12/05/2025 131337 52523 VAS LITTLECROW WOJTANOWICZ 21 211-4-5600-4409 .00 250.00 250.00 1 Total 131337: .00 250.00 131339 12/25 12/05/2025 131338 36750 ZARNOTH BRUSH WORKS 204282-IN 101-4-3120-4221 .00 4,470.00 4,470.00 1 Total 131338, .00 4,470.00 1008983 12125 12/08/2025 1008983 13706 AMAZON CAPITAL SERVICES 11XQ-9Q1G-4 602-4-9020-4219 .00 104.78 104.78 1 12/25 12/08/2025 1008983 13706 AMAZON CAPITAL SERVICES 1HQD-1DF3-6 101-4-2310-4219 .00 220.30 220.30 1 Total 1008983: .00 325.08 1008984 12/25 12/08/2025 1008984 15332 ATT LLC S29523 604-4-9410-4219 .00 182.10 182.10 1 Total 100B984: .00 182.10 1008985 12125 12/08/2025 1008985 14717 BLACKHAWK PEST CONTROL, LLC 51616 101-4-2310-4401 .00 52.50 52.50 1 12/25 12/08/2025 1008985 14717 BLACKHAWK PEST CONTROL, LLC 51617 101-4-3120-4401 .00 110.00 110.00 1 Total 100B985: .00 162.50 M = Manual Check, V = Void Check Page 46 of 447 CITY OF ELK RIVER Check Register - By Bank- Excludes P/R Page: 6 Check Issue Dates: 12/3/2025 - 12/11/2025 Dec 11, 2025 11:39AM GL Check Period Issue Date Check Number Vendor Number Payee Invoice Number Invoice GL Account 1008986 12125 12/08/2025 1008986 11019 BOLTON & MENK, INC 379410 401-4-8220-4303 12/25 12/08/2025 1008986 11019 BOLTON & MENK, INC 380872 502-4-9010-4319 Total 1008986: 1008987 12/25 12/08/2025 1008987 13954 CHARTER COMMUNICATIONS 175341701 N 602-4-9010-4321 Total 1008987: 1008988 12/25 12/08/2025 1008988 16050 DEANO'S COLLISION SPEC INC 68588 291-4-7000-4404 Total 1008988: 1008989 12125 12/08/2025 1008989 17700 ELK RIVER MUNICIPAL UTILITIES 11-19-25 ERM 101-4-2330-4389 Total 1008989: 1008990 12/25 12/08/2025 1008990 20113 GOODIN COMPANY 1533706-00 211-4-5600-4219 Total 1008990: 1008991 12125 12/08/2025 1008991 13666 JOHNSON CONTROLS 41903398 290-4-9220-4409 Total 1008991: 1008992 12125 12/08/2025 1008992 13119 LAKE STATE RECYCLING INC 80725 603-4-9152-4389 Total 1008992: 1008993 12/25 12/08/2025 1008993 24714 MARCO HOLDINGS LLC INV14153456 101-4-1350-4404 M = Manual Check, V = Void Check Discount Invoice Check Bank Number Taken Amount Amount .00 3,698.00 3,698.00 1 .00 590.00 690.00 1 .00 165.80 165.80 1 .00 165.80 .00 1,925.00 1,925.00 1 .00 1,925.00 .00 34,886.91 34,886.91 1 .00 34,886.91 .00 6,087.68 6,087.68 1 .00 6,087.68 .00 1,430.00 1,430.00 1 .00 1,430.00 .00 150.00 150.00 1 .00 150.00 .00 5,345.41 5,345.41 1 Page 47 of 447 CITY OF ELK RIVER Check Register - By Bank- Excludes P/R Page: 7 Check Issue Dates: 12/3/2025 - 12/11/2025 Dec 11, 2025 11:39AM GL Check Check Vendor Period Issue Date Number Number Payee Total 100B993: 1008994 12125 12/08/2025 1008994 14686 RINK-TEC INTERNATIONAL INC Total 1008994: 1008995 12125 12/08/2025 1008995 14562 SUSAN MONTAGUE Total 1008995: 1008996 12125 12/08/2025 1008996 15138 WEBB & GERRITSEN MN LLC Total 100B996: Grand Totals: Summary by General Ledger Account Number Invoice Invoice Discount Invoice Check Bank Number Number GL Account Taken Amount Amount 6381 221-4-5400-4401 11252025 101-4-5510-4409 154050 221-4-5430-4259 GL Account Debit Credit Proof 101-2020 80.00 25,192.12- 25,112.12- 101-3-0000-3472 100.00 .00 100.00 101-4-1110-4321 37.98 00 37.98 101-4-1110-4440 28.00 .00 28.00 101-4-1210-4433 120.00 .00 120.00 101-4-1350-4404 7,460.23 .00 7,460.23 101-4-2110-4217 136.98 _00 136.98 101-4-2110-4322 10.85 .00 10.85 101-4-2120-4212 252.70 .00 252.70 101-4-2120-4217 89.11 .00 89.11 101-4-2120-4221 99.88 .00 99.88 101-4-2130-4433 45.94 .00 45.94 101-4-2150-4217 89.92 .00 89.92 M = Manual Check, V = Void Check .00 1,219.82 1,219.82 1 .00 1,219.82 .00 90.00 90.00 1 .00 90.00 .00 845.42 845.42 1 .00 845.42 .00 84,894.78 Page 48 of 447 CITY OF ELK RIVER Check Register - By Bank- Excludes P/R Page: 8 Check Issue Dates: 12/3/2025 - 12/11/2025 Dec 11, 2025 11:39AM GL Account Debit Credit Proof 101-4-2190-4389 64.13 .00 64.13 101-4-2190-4401 1,543.75 .00 1,543.75 101-4-2310-4219 220.30 .00 220.30 101-4-2310-4401 52.50 .00 52.50 101-4-2320-4221 5.29 .00 5.29 101-4-2320-4404 150.00 .00 150.00 101-4-2330-4389 288.06 .00 288.06 101-4-2410-4404 478.33 00 478.33 101-4-3120-4221 4,603.03 .00 4,603.03 101-4-3120-4389 3,162.94 .00 3,162.94 101-4-3120-4401 2,290.00 .00 2,290.00 101-4-3150-4219 18149 80.00- 10149 101-4-3150-4221 672.06 .00 672.06 101-4-5110-4221 307.31 .00 307.31 101-4-5110-4389 2,035.34 .00 2,035.34 101-4-5510-4409 666.00 .00 666.00 211-2020 .00 6,337.68- 6,337.68- 211-4-5600-4219 6,087.68 .00 6,087.68 211-4-5600-4409 250.00 .00 250.00 221-2020 24.69 38,108.18- 38,083.49- 221-4-5400-4219 51259 00 512.59 221-4-5400-4319 200.00 .00 200.00 221-4-5400-4389 28,332.56 .00 28,332.56 221-4-5400-4401 1,219.82 .00 1,219.82 221-4-5400-4415 658.17 .00 658.17 221-4-5430-4219 851.56 .00 851.56 221-4-5430-4259 6,333.48 24.69- 6,308.79 290-2020 .00 1,430.00- 1,430.00- 290-4-9220-4409 1,430.00 .00 1,430.00 291-2020 00 1,925.00- 1,925.00- 291-4-7000-4404 1,925.00 .00 1,925.00 401-2020 .00 7,394.85- 7,394.85- 401-4-8080-4409 3,696.85 .00 3,696.85 401-4-8220-4303 3,698.00 _00 3,698.00 602-2020 .00 3,854.36- 3,854.36- 602-4-9010-4319 690.00 .00 690.00 602-4-9010-4321 263.10 .00 263.10 602-4-9010-4404 510.02 .00 510.02 602-4-9020-4219 1,387.36 .00 1,387.36 602-4-9050-4389 1,003.88 .00 1,003.88 M = Manual Check, V = Void Check Page 49 of 447 CITY OF ELK RIVER Check Register - By Bank- Excludes P/R Page: 9 Check Issue Dates: 12/3/2025 - 12/11/2025 Dec 11, 2025 11:39AM GL Account Debit Credit Proof 603-2020 .00 575.18- 575.18- 603-4-9112-4404 212.59 .00 212.59 603-4-9152-4389 150.00 .00 150.00 603-4-9152-4404 212.59 .00 212.59 604-2020 .00 182.10- 182.10- 604-4-9410-4219 182.10 .00 182.10 Grand Totals: 85,104_16 85,104.16- _00 Dated: Mayor: City Council: City Recorder: M = Manual Check, V = Void Check Page 50 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Resolution 25-77: 2026 Compensation Plan for Non -Organized Employees Item Number 4.3 Prepared By Lauren Wipper, Human Resources Manager Reviewed by Cal Portner Tina Allard Action Requested Adopt, by motion, Resolution 25-77 approving the 2026 Compensation Plan for Non -Organized Employees. Background/Discussion Attached is the 2026 Compensation Plan for Non -Organized Employees. Changes include: ■ A two -and -three-quarter percent increase was approved in the 2026 budget and is reflected in item # 1 and the Pay Plan on the final page of the document. It is also reflected in pay for paid -on -call firefighters, duty officers, police reserves, and liquor store clerks. ■ Pay for the Fire Academy Cadet position is slightly above minimum wage to prevent the deduction of MN Paid Leave tax from dropping the wage below minimum wage. ■ The On -call Fire Captain Base Pay and Fire Academy Instructor pay have been increased as approved by the City Council at the December I, 2025, Work Session. ■ Pay rates have been adjusted for a number of part-time, seasonal, and temporary park and recreation and public works positions. These are based on changes in the market and should assist staff in attracting and retaining employees. The increase for the bartender position is due to the increase in minimum wage. These changes fall within budgeted part-time salaries. ■ We are no longer providing liquor delivery service, so we have eliminated the delivery driver position. ■ The item referencing overtime for police clerical employees typing reports on Sunday has been removed due to that group now having a labor contract. ■ The provision for out -of -class snow plow operators is no longer utilized, so it has been removed. ■ Flexible Benefits Plan contributions were approved at the September 15, 2025, City Council meeting. The Council also approved a compensation market study for non -union staff and directed and budgeted the update to be effective with the mid -year payroll. The updated compensation plan will be brought for approval in June. Financial Impact The compensation plan costs are accounted for in the approved 2026 budget. The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exc ptional service, and community p p W E R E U A T engagement that encourages and inspires prosperit[�`WURfJ447 Mission/Policy/Goal The Elk River Mission Statement Attachments I. Resolution - 2026 Compensation Plan for Non -Organized Employees 2. 2026 Compensation Plan for Non -Organized Employees Page 52 of 447 City of El*.=: Rver City of Elk River City Council Resolution 25-77 A Resolution of the City Council of the City of Elk River Adopting the 2026 Compensation Plan for Non -Organized Employees NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The attached Compensation Plan was approved and adopted effective December 15, 2025. Passed and adopted this 15th day of December 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk POWERED R1 NA UR Page 53 of 447 CITY OF ELK RIVER 2026 COMPENSATION PLAN FOR NON -ORGANIZED EMPLOYEES PAY Pay Ranges All current pay ranges of the approved City Pay Plan shall increase two and three quarters percent (2.75%) effective the first pay period of January 2026 which begins on December 28, 2025. 2. New Wastewater Treatment Operators who do not hold a certification will start at Step A of the city's pay plan. Operators who hold a D certification will start at Step B, and operators who hold a C or higher certification will start at Step C. Operators shall qualify for regular annual step increases with satisfactory performance. Operators may qualify for earlier step increases based on obtaining a higher -level certification as follows: Certification Step - A D B C C-D B E With satisfactory performance and once a certification has been obtained, the employee shall immediately move to the next step. Employees who receive a step increase for obtaining a higher certification are not eligible for an annual step increase until after one year of receiving the certification -based step. Annual steps will be given in accordance with item #4 below. Operators who do not have an operator's certification shall not move to the top step of the pay grade. Starting Pay 3. The city has discretion to negotiate a higher starting rate within the pay range as deemed appropriate based on experience, education/training, or the market. Step Increases 4. All non -union full-time and eligible part-time employees maintaining satisfactory performance will move up one step in their pay range on their anniversary date of hire or promotion. Page 54 of 447 All orientation period employees will receive increases as stated in their employment letter. If no special provision was outlined in the employment letter, the employee shall receive the first step increase on the date noted above provided they have successfully passed Orientation and are performing satisfactorily. Part -Time -Ray 5. Effective January 1, 2026, Paid On -Call Firefighters shall be paid in accordance with the following schedule: Position Hourly Rate Academy Cadet $11.46 Firefighter Base Pay -Academy $18.05 Graduate through year 5 Years 6 through 10 Base plus $0.50 Years 11 through 15 Base plus $1.50 Years 16 through 25 Base plus $2.50 Years 26 and above Base plus $3.00 Additional to Firefighter Base Pay above: Lieutenant $1.00 Assistant Chief $3.00 Captain Base Pay $30.00 Years 6 through 10 Base plus $1.50 Years 11 through 15 Base plus $2.50 Years 16 and above Base plus $3.00 Officers who serve on -call as Duty Officer shall be paid $6.73 for each hour of on - call duty. 6. Effective January 1, 2026, Fire Academy instructors and Fire Department members instructing a course for firefighters earning a certification or maintaining a certification or licensure shall be paid according to the following schedule: Assistant Instructor $40.00 per hour Lead Instructor $50.00 per hour 7. Part -Time Police Reserves are required to serve in both a volunteer and a paid capacity. Effective December 28, 2025, Police Reserves shall be paid $20.11 per hour for the hours that are to be paid as determined by the Police Chief. Page 55 of 447 8. Part -Time, Seasonal, and Temporary Park and Recreation, Public Works, and Community Event Center employees shall be paid in accordance with the following schedule: Maximum Annual Hourly Position Hourly Rate Increase Recreation Program Leader 1 $14.00 - 15.00 $0.25 Recreation Program Leader 11 $15.00 - 17.00 $0.50 Recreation Supervisor Assistant $17.00 - 22.00 $0.50 Recreation Intern $17.00 - 20.00 Farmers Market Supervisor Assistant $17.00 - 22.00 $0.50 Weekend Facility Supervisor $17.00 - 20.00 $0.50 Recreation Building Attendant $12.00 - 14.00 $0.50 Warming House Attendant $14.00 - 16.00 $0.50 Flag Football Referee $25.00 Summer Seasonal Public Works Laborer $18.00 - $24.00 $1.00 Winter Public Works Laborer $25.00 - $30.00 $1.00 Seasonal Gardener $18.00 - 25.00 $0.75 Lead Seasonal Gardener $22.00 - 28.00 $0.75 Seasonal Wastewater Laborer $18.00 - 22.00 $1.00 FT Center Facility Worker/Ice Resurfacer $18.00 - 22.00 $1.00 FT Center Event Production Worker $16.00 - 18.00 $0.50 FT Center Customer Service Associate $16.00 - 20.00 $0.75 FT Center Building Supervisor $20.00 - 24.00 $0.75 Cafe Worker $14.00 - 16.00 $0.50 Event Worker $16.00 - 20.00 $0.75 Overlook Bartender Minimum wage ($11.41) + tips Skating Academy Instructor One $14.00 - 17.00 $1.00 Skating Academy Instructor Two $16.00 - 20.00 $1.00 Skating Academy Instructor Three $20.00 - 24.00 $1.00 Skating Academy Director $24.00 - 30.00 $1.00 Starting Pay Rate At the city's discretion, when hired, employees may be granted an amount equivalent to the Maximum Annual Hourly Increase for each year of related education or previous work experience. Annual Hourly Increase Recreation Program Leads, Supervisor Assistant, Weekend Facility Supervisor, Building Attendant, Warming House Attendant, and Farmers Market Supervisor Assistant employees may receive an increase once per year at the city's discretion. Page 56 of 447 Summer Seasonal Public Works Laborer, Winter Public Works Laborer, Seasonal Wastewater Laborer, Seasonal Gardener, and Lead Seasonal Gardener employees may receive an increase at the beginning of the season at the city's discretion. If an employee returns for another season in the same calendar year, they are not eligible for another increase. FT Center Customer Service Associate, Facility Worker/Ice Resurfacer, Event Production Worker, Cafe Worker, Event Worker, and Building Supervisor employees may receive an increase for each additional year the employee works for the FT Center. Increases will be given on the first day of the first full pay period of the calendar year at the city's discretion. Skating Academy employees may receive an increase for each additional year the employee works for the FT Center. Increases will be given at the beginning of each fall program session (September) at the city's discretion. Skating Academy Assistant Skating Academy Director - At the beginning of each session, the Skating Academy Director shall assign one instructor to be Assistant Skating Academy Director. Off Ice Time - Includes time spent planning lessons and skating programs, meetings, and any other activity that is not performed on the ice. The Skating Academy Director shall be paid 60% of his/her regular wage for off ice time which shall not exceed one half hour for each hour spent on ice. The Assistant Director shall be paid 50% of his/her regular wage for off ice time which includes off ice activities performed as Acting Director and required meetings FT Center Management and/or Skating Academy Director. If the off ice wage falls below minimum wage, minimum wage will be paid for off ice time. 9. Effective December 28, 2025, Part -Time Liquor Store Clerks shall be paid in accordance with the following schedule: A B C D E 16.18 17.33 18.87 20.40 21.95 Based on satisfactory performance Part-time Liquor Store Clerks will move up to Step B after six months, Step C on their first anniversary date, Step D on their second anniversary date, and Step E on their third anniversary date. On -Call Pay 10. Wastewater Operators are assigned on call duties for periods of one week. The on -call operator will be compensated a total of 10 hours of overtime/compensatory for their on -call week (1-hr M-F, 2.5-hrs S-S). The on -call Page 57 of 447 duties include responding to after-hours emergency callouts and performing required duties at the Wastewater Treatment Facility on Saturday, Sunday, and any holidays that fall within the assigned week. Wastewater operators shall receive 4 hours of additional overtime/compensatory pay for on -call rounds performed on paid holidays that fall within their on -call week (total of 14 hours of pay if during a week with a single -paid holiday). If a holiday falls on a Monday, the operator that was on call on Sunday is on call for the holiday. Unexpected conditions resulting in work for wastewater operators extending beyond a 2.5- hour rotation on weekends or holidays will be paid according to the actual time worked by the employee calculated to the nearest 15-minutes. Premium Pay 11. Non -union snowplow operators working on snow removal duties on Saturdays and Sundays will receive one- and one-half times their regular rate of pay for their hours worked. INSURANCE BENEFITS 12. 13 14. All regular full-time employees are eligible for insurance benefits. Part-time employees scheduled to work 30 or more hours per week are eligible for prorated insurance benefits. Retired employees with a Phased Retirement Option Agreement are eligible for insurance benefits as identified in the Agreement. Seasonal and temporary employees are not eligible for insurance benefits. Employees eligible for insurance benefits are eligible for participation in the city's Flexible Benefits Plan. The contribution levels shall be as follows: Health Insurance Election Single Employee & Spouse Employee & Child(ren) Family Opt -out Monthly City Contribution $753.00 $1,570.00 $1,557.00 $2,211.00 $300.00 Employees participating in the city's Flexible Benefits Plan shall be provided $25,000 group term life insurance coverage. Paid On -call Firefighters who are not full-time city employees shall be provided $10,000 life insurance coverage. Page 58 of 447 OTHER 15. The City Council may adjust any section of the Pay Plan at any City Council meeting for any reason including performance incentives, state or federal law changes, the Pay Equity Law, or any other reason the Council deems appropriate. 16. All employees who are members of the Law Enforcement Labor Services (LELS), Locals 231, 271, 501, and 589, or the International Union of Operating Engineers, Local 49, shall receive compensation and benefits as outlined in the Master Labor Agreement between the city and the union. Page 59 of 447 City of Elk River 2026 Pay Plan Effective 12128120. Grade Levels Minimum A B C D Maximum E 1 E $178,263 $183,215 $188,167 $193,118 $198,070 1.5E $156,155 $160,493 $164,831 $169,168 $173,506 2E $149,622 $153,778 $157,934 $162,090 $166,246 3E $144,812 $148,834 $152,857 $156,880 $160,902 4E $119,770 $125,054 $130,338 $135,622 $140,906 5E $110,365 $115,234 $120,103 $124,972 $129,841 6E $99,392 $103,777 $108,162 $112,547 $116,932 7E $88,913 $92,835 $96,758 $100,681 $104,603 8E $74,667 $77,961 $81,255 $84,549 $87,843 1 N $87,080 $90,922 $94,764 $98,606 $102,448 $41.87 $43.71 $45.56 $47.41 $49.25 2N $79,244 $82,740 $86,236 $89,732 $93,228 $38.10 $39.78 $41.46 $43.14 $44.82 3 N $69,549 $73,896 $78,243 $82,590 $86,937 $33.44 $35.53 $37.62 $39.71 $41.80 4N $64,508 $68,540 $72,572 $76,604 $80,635 $31.01 $32.95 $34.89 $36.83 $38.77 5N $60,521 $64,914 $69,306 $73,699 $78,091 $29.10 $31.21 $33.32 $35.43 $37.54 6N $50,076 $54,249 $58,422 $62,595 $66,768 $24.08 $26.08 $28.09 $30.09 $32.10 Page 60 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Personnel Policy Manual Update Item Number 4.4 Prepared By Lauren Wipper, Human Resources Manager Reviewed by Cal Portner Tina Allard Action Requested Accept, by motion, the updated City Personnel Policy Manual. Background/Discussion The City Council reviewed changes to the Personnel Policy Manual at the December I, 2025, Work Session. Many of the changes are procedural or are required due to state or federal law changes. The most significant changes are due to the change in the Earned Sick and Safe Time law related to the accrual of time and the addition of MN Paid Leave. The Council accepts the final document as it is updated as best practices provisions and state/federal law changes occur frequently. By accepting the changes, the administration has the flexibility to respond promptly to items that have no financial impact. Items that reflect improved benefits or finances are discussed with the Council and approved separately. Financial Impact N/A Mission/Policy/Goal The Elk River Mission Statement Attachments 1. Personnel Policy Manual (2025) - in Track Changes 2. Personnel Policy Manual (2025) - Clean with highlights The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exc ptional service, and community p p W E R E U A T engagement that encourages and inspires prosperit[�"-WURfJ447 City E Personnel Policy Manual (Revised August 2008) (Updated August 2010) (Updated June 2012) (Updated September 2014) (Updated February 2021) Mini -update August 2023 Updated December 2023 Updated Severance Pay retro to 12/2023 update Updated December 2025 13065 Orono Parkway Elk River, MN 55330 763.635.1000 r u a L n f 0 Ey MU E1kRiverMN.gov Page 62 of 447 Page 63 of 447 TABLE OF CONTENTS Introduction..................................................................................................................................................................... Employment EqualEmployment Opportunity......................................................................................................................2 EmploymentStatus Definitions....................................................................................................................... 2 WorkRules..........................................................................................................................................................3 OrientationPeriod.............................................................................................................................................3 Minnesota Government Data Practices Act................................................................................................4 EmployeeRecords Advisory............................................................................................................................4 MediaRequests...................................................................................................................................................4 Personal Communications And Use Of Social Media................................................................................ 5 Compensation..................................................................................................................................................... 6 WorkWeek.........................................................................................................................................................7 SeniorityPatrol Shift Bid...................................................................................................................................7 CityHall Summer Office Hours......................................................................................................................7 Paydays.................................................................................................................................................................. 7 Timekeeping......................................................................................................................................................... 7 Overtime And Compensatory Time For Non -Exempt Employees...................................................... 10 CallBack Pay........................................................................................................................................................9 On -Call Pay..........................................................................................................................................................9 TimeOff For Exempt Employees................................................................................................................. 13 Report Of Employee Information Changes................................................................................................ 13 PerformanceAppraisals................................................................................................................................... 14 Attendance......................................................................................................................................................... 14 Rest/Meal Break.......................................................................................................................................... 15a-4 EmploymentOf Relatives............................................................................................................................... 15 SupplementalEmployment........................................................................................................................ 164& Separation From Employment Resignation......................................................................................................................................................... 17 Termination........................................................................................................................................................ 14 Retirement......................................................................................................................................................... 14 Layoffs.................................................................................................................................................................. 14 SeverancePay.................................................................................................................................................... 17 ExitInterviews................................................................................................................................................... 15 Leave Benefits VacationLeave...................................................................................................................................................20 40/40/40 Vacation Payout Option................................................................................................................ 17 SickLeave...........................................................................................................................................................22 EarnedSick and Safe Time.............................................................................................................................. 19 SickLeave Donation.........................................................................................................................................29 HolidayLeave....................................................................................................................................................30 FamilyAnd Medical Leave.......................................................................................................................... 31-38 Page 64 of 447 FMLA — Qualified Exigency And Military Caregiver Leave.....................................................................36 ParentalLeave....................................................................................................................................................30 Pregnancy And Parenting Leave....................................................................................................... 40-3-9 AdoptiveParents..............................................................................................................................................31 NursingMothers...............................................................................................................................................31 PregnancyHealth Conditions........................................................................................................................31 School Conference Leave Policy...................................................................................................................41 Bone Marrow Donation Leave.................................................................................................................424-1� MilitaryLeave.....................................................................................................................................................42 Jury Duty Leave And Court Appearances..................................................................................................33 VictimOr Witness Leave.......................................................................................................................... 444-3 BereavementLeave..........................................................................................................................................44 GeneralLeave....................................................................................................................................................44 Voting, Election Judge. and Delegates Leave..............................................................................................34 AdministrativeLeave........................................................................................................................................45 AthleticLeave....................................................................................................................................................45 General Benefits Insurance.............................................................................................................................................................47 Retirement/PERA.............................................................................................................................................. 35 Employee Development/Tuition Reimbursement.....................................................................................48 EmployeeWellness..........................................................................................................................................36 General Policies Smoking, Vaping, And Tobacco Policy.........................................................................................................49 AppearanceAnd Dress...................................................................................................................................37 Electronic Communication Devices.............................................................................................................49 TelephoneUse..................................................................................................................................................49 Ipad/Tablet Device............................................................................................................................................49 EmailAnd Voicemail Use................................................................................................................................50 InternetAccess And Use................................................................................................................................50 BandwidthConservation................................................................................................................................51 PasswordPolicy.................................................................................................................................................38 TravelExpenses................................................................................................................................................51 KeysAnd Security............................................................................................................................................51 Personal Use And Disposal Of City Property...........................................................................................51 UseOf City Vehicles........................................................................................................................................52 ResidentComplaints........................................................................................................................................39 EmergencyClosing...........................................................................................................................................53 Employee Participation In The City Fire Department.............................................................................53 Employee Participation In The Police Reserves........................................................................................54 PoliticalActivity.................................................................................................................................................54 Candidacy........................................................................................................................................................... 55 Labor Relations Communication.................................................................................................................................................56 Page 65 of 447 Safety Discipline.............................................................................................................................................................57 GrievanceProcedure.......................................................................................................................................59 Safety..................................................................................................................................................................45 Safety Equipment Reimbursement................................................................................................................61 IncidentReporting............................................................................................................................................61 Workers' Compensation................................................................................................................................62 Conduct EthicsOf Public Employment.........................................................................................................................63 AcceptingGifts..................................................................................................................................................47 EmployeeEndorsements.................................................................................................................................63 ConflictOf Interest..........................................................................................................................................63 WhistleblowerProtections............................................................................................................................47 Sexual Harassment And Respectful Workplace........................................................................................64 Workplace Violance And Possession Of Dangerous Weapon..............................................................52 DrugAnd Alcohol Policy................................................................................................................................71 FitnessRoom Policy...................................................................................................................................... Appendix A FootProtection Policy...................................................................................................................................Appendix B Prescription Safety Eyewear Policy............................................................................................................ Appendix C Page 66 of 447 Page 67 of 447 Introduction This policy manual contains personnel policies and procedures for City of Elk River employees. The city strives to provide an efficient system of personnel administration, and this policy manual serves as a guide for administrative actions concerning city personnel matters. It is not a contract between the city and its employees. The manual attempts to cover general matters and does not cover every situation that may arise. Other than any applicable collective bargaining agreement, this policy manual replaces and supersedes all prior manuals, memos, and any other written or oral statements of employment policies and procedures. Manuals and policies that provide department specific information remain in effect. Except as provided by statute or applicable collective bargaining agreement, employment of all city employees is at -will. At -will means both the city and its employees have the right to terminate employment at any time, with or without cause or notice. No representative of the city has the authority to alter the at -will nature of an employee's employment except the City Council by approval of a written contract of employment executed by the city. No employee has a protectable property interest in his or her employment with the city. The policies in this manual shall apply to all employees unless specifically exempted by the City Council. Consultants rendering professional services on a fee basis are not considered city employees. The city may add to, modify, or revise portions of this manual as the city deems appropriate, with or without prior notice. This manual may be superseded to the extent that it is inconsistent with state or federal statute, a collective bargaining agreement entered between the city and its employees, or a written contract of employment signed by the city. Page 68 of 447 Employment Equal Employment Opportunity The City of Elk River is committed to providing equal opportunity in all areas of employment, including but not limited to recruitment, hiring, demotion, promotion, transfer, selection, lay-off, disciplinary action, termination, compensation, and selection for training. The city will not discriminate against any employee or job applicant on the basis of race (including traits associated with race, including, but not limited to, hair texture and hair styles such as braids, locs and twists), color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, or membership on a local human rights commission, or lawful participation in the Minnesota Medical Cannabis Patient Registry. The city prohibits discrimination against or harassment of any employee or job applicant on the basis of protected class status. Employees who participate in discrimination in violation of this policy are subject to discipline up to and including termination. Retaliation against any employee for making a complaint under this policy or assisting with investigations of complaints made under this policy is also strictly prohibited. Any person who feels that s/he has been discriminated against should contact the city administrator or Human Resources. Employment Status Definitions Full -Time - A regular work schedule consisting of 2,080 hours per year. Part -Time - A regular work schedule of less than 2,080 hours per year, generally over the 12 months. Orientation Period - First six months of initial employment, following a promotion, reassignment or transfer. Probationary Period - Period of time as defined in a union contract. For paid on -call firefighters, the probationary period is the first twelve (12) months of initial employment. Regular - An employee who has completed his or her Orientation or Probationary Period and works a set schedule. Non -Regular - An employee who has completed his or her Orientation or Probationary Period and works a variety of hours and days, not a set schedule. Seasonal - A part- or full-time position assigned to work part of the year to conduct seasonal work, Page 2187 Page 69 of 447 Temporary - A part- or full-time position scheduled to work with a defined start and termination date or duration of a special project. The position generally does not quaWy for benefit-s. or Appointed Official - A person elected as mayor or council member, or a person appointed by the mayor and council to serve on a city commission or board. Applicant - Any person applying for a paid or volunteer position. Work Rules In accepting employment with the City of Elk River, employees become representatives of the city and are responsible for assisting and serving the residents for whom they work. Employees shall exhibit conduct that is ethical, professional, responsive, and of standards becoming of a city employee. To achieve this goal, employees must adhere to established policies, rules, and procedures and follow the instructions of their supervisors. All City of Elk River employees are expected to meet the followingjob requirements: ■ Always perform assigned duties satisfactorily and to the best of their abilities. ■ Always render prompt and courteous service to the public as appropriate. ■ Read, understand, and comply with the rules and regulations set forth in these Personnel Policies as well as those of their departments. ■ Conduct themselves with decorum toward both residents and staff and respond to inquiries and information requests with patience and courtesy. ■ Report all unsafe conditions to the immediate supervisor. ■ Maintain good attendance. Orientation Period The Orientation Period is an integral part of the employment process in which the city and the new employee should consider whether the employment is mutually satisfactory. The Orientation Period consists of the first six (6) months of employment. During the period, the city will observe the employee's work to determine whether the employee demonstrates s/he is qualified for the position to which s/he was appointed. Performance, skills, ability, and other factors observed and demonstrated during the period are evaluated by the employee's supervisor. If the employee does not meet established standards, and there is reason to believe, in the city's sole discretion, that a longer review period is needed, the Orientation Period may be extended to a total of 12 months. New employees are not allowed to take vacation leave during their Orientation Period unless approved by the city administrator or approved before hire. Upon completion of the Orientation Period, the employee will become a Regular employee and are eligible to use vacation leave. This does not imply employment is permanent. Page 70 of 447 Employees promoted or appointed to new positions must successfully complete a six- month Orientation Period. If found during the orientation to be unsuited for the position, the city, at its sole discretion, may reinstate the employee to his/her former position and former rate of pay. Reinstatement is not guaranteed. Employees taking a leave of absence during the Orientation Period will have their Orientation Period paused and begin where they left off when they return from leave. Minnesota Government Data Practices Act Pursuant to the Minnesota Government Data Practices Act (D PA) data is categorized as private, non-public, or confidential. All data is public unless classified otherwise. In many circumstances, data may not be disclosed except with authorization of the subject of the data or pursuant to court order. In compliance with the DPA, employees are strictly prohibited from disclosing to a third party, within or outside the city, any personnel data, data relating to pending civil legal actions, or any other data that might be classified as private, non-public, or confidential, without the city administrator's express authorization. The City Council appoints the city administrator as the responsible authority to administer the requirements for collection, storage, use, and dissemination of data. Refer to the city's Guidelines and Procedures for the Minnesota Government Data Practices Act for additional information. Employee Records Advisory Employee records are maintained in a location designated by the city administrator. Personnel data is retained in personnel files, finance files, and benefit/medical files. Information is used to administer employee salary and benefit programs, process payroll, complete state and federal reports, document employee performance, etc. Employees have the right to know what data is retained, where it is kept, and how it is used. All employee data will be received, retained, and disseminated according to the DPA. Media Requests All city employees have a responsibility to help communicate accurate and timely information to the public in a professional manner. Requests for private data or information outside of the scope of an individual's job duties should be routed to the appropriate department or to the data practices authority. Any employee who identifies a mistake in reporting should bring the error to the city administrator or appropriate staff. Regardless of whether the communication is in the employee's official city role or in a personal capacity, employees must comply with all laws related to trademark, copyright, software use, etc. Except for routine events and basic information readily available to the public, all requests for interviews or information from the media are to be routed through the city Page 4187 Page 71 of 447 administrator. No city employee is authorized to speak on behalf of the city without prior authorization from the city administrator or his/her designee. Media requests include anything intended to be published or viewable to others in some form such as television, radio, newspapers, newsletters, social media postings, and websites. When responding to media requests, employees should follow these steps: 1. If the request is for routine or public information (such as a meeting time or agenda), provide the information and notify the city administrator of the request. 2. If the request is regarding information about city personnel, potential litigation, controversial issues, an opinion on a city matter, or if an employee is unsure if the request is a "routine" question, forward the request to the city administrator. All news releases concerning city personnel will be the responsibility of the city administrator. When the city administrator authorizes an employee to communicate on behalf of the city in interviews, publications, news releases, on social media sites, and related communications, employees must: • Identify themselves as representing the city. Account names on social media sites must be clearly connected to the city and approved by the city administrator. • Be respectful, professional, and truthful when providing information. Only factual information (not opinions or editorial comments) shall be provided. Corrections must be issued when needed. • Generally, not include personal opinions in official city statements. Employees who have been approved to use social media sites on behalf of the city should seek assistance from the city administrator on this topic. • Notify the city administrator if they will be using their personal technology (cell phones, home computer, cameras, etc.) for city business. Employees should be aware that data transmitted or stored may be subject to the Minnesota Government Data Practices Act. Personal Communications and Use of Social Media It is important for employees to remember that their personal communications may reflect on the city, especially if employees are commenting on city business or commenting on issues that implicate their city employment. As city representatives, employees share the responsibility of earning and preserving the public's trust in the city. An employee's own personal communications, such as on social media, can have a significant impact on the public's belief that all city staff will carry out city functions faithfully and impartially and without regard to factors such as race, sex/gender, religion, national origin, disability, sexual orientation, or other protected categories. Nonpersonal communications (performed within one's job duties) to members of the public must always be professional. The following guidelines apply to personal communications, including various forms such as social media (Facebook, Twitter, blogs, YouTube, etc.), Page 72 of 447 letters to the editor of newspapers, and personal endorsements: Do not share private or confidential information you have access to as a result of your city position. Any personal communications made on a matter of public concern must not disrupt the efficiency of the city's operation, including by negatively affecting morale. Public comments must not undermine any city department's ability to effectively serve the public. Disruptive personal communications can include liking or republishing (sharing/retweeting) a social media post of another individual or entity. The city can act on the personal communication that violates this policy without waiting for the actual disruption. Remember what you write, or post cannot easily be undone. It may also be spread to a larger audience than you intended. Use common sense when using email or social media sites. It is a good idea to refrain from sending or posting information or photos you would not want your boss or other employees to read, or you would be embarrassed to see in the newspaper. Keep in mind harassment, bullying, threats of violence, discrimination, or retaliation concerning a co-worker or between co-workers that would not be permissible in the workplace is not permissible online, even if it is done after hours, from home and on home computers. ■ The city expects its employees to be fair, courteous, and respectful to supervisors, co-workers, citizens, customers, and other persons associated with the city. Avoid using statements, photographs, video, or audio that reasonably may be viewed as malicious, obscene, threatening or intimidating, disparaging, or might constitute harassment or bullying. ■ If you publish something related to city business and there is potential for confusion whether you are speaking on behalf of the city, it would be best to identify yourself and use a disclaimer such as, "These are my own opinions and do not represent those of the City of Elk River." ■ City resources, work time, or official city positions cannot be used for personal profit or business interests, or to participate in personal political activity. ■ Personal social media account name or email names should not be tied to the city. Compensation Employees will be compensated according to the compensation plan approved by the City Council. The city will develop and maintain a compensation plan for all positions in accordance with federal and state laws. This plan may be reviewed and changed periodically at the sole discretion of the city. Under the Minnesota Wage Disclosure Protection law, employees have the right to tell any person the amount of their own wages. While the Data Practices Act (Minn. Stat. §13.43), specifically lists an employee's actual gross salary and salary range as public personnel data, Minnesota law also requires wage disclosure protection rights and remedies to be included in employer personnel handbooks. To that end and in accordance with Minn. Page 6187 Page 73 of 447 Stat. §181.172, employers may not: ■ Require nondisclosure by an employee of his or her wages as a condition of employment. ■ Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages. ■ Take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. ■ Retaliate against an employee for asserting rights or remedies under Minnesota Statute §181.172, subd. 3. The city cannot retaliate against an employee for disclosing his/her own wages. An employee's remedies under the Wage Disclosure Protection law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry at 651.284.5070 or 800.342.5354. Work Week Work schedules will be established by the appropriate department director with the approval of the city administrator. The regular workweek for regular full-time employees is forty (40) hours per week. The regular workweek for regular part-time employees is a set schedule between 20 and less than 40 hours per week. Unless otherwise provided, the normal workday will begin at 8:00 a.m. and end at 4:30 p.m. The normal workweek will consist of five consecutive workdays, Monday through Friday. Employees shall account for each hour of their work week by working or utilizing leave time. (See Leave Benefits below) Employees shall not take time off without pay unless it falls within the leave benefits provided. Flextime arrangements must be approved by the department director and city administrator. The department director or city administrator may deny requests for flextime at their sole discretion. Flextime arrangements shall not negatively affect service levels. Employees with flextime arrangements may be asked to adjust their schedules periodically or to discontinue flextime to accommodate vacations, sick/ESST leave, or other issues within the department. Seniority Patrol Shift Bid The Chief of Police or their designee shall post the seniority patrol shift bid for the following year on the second Monday of October. Patrol officers and patrol sergeants shall have until October 31 st to complete their shift bids. City Hall Summer Office Hours Summer Office Hours shall be the period between the Sunday preceding Memorial Day and the Saturday preceding Labor Day. Page 74 of 447 City Hall Summer Office Hours shall be staffed as follows: 7:30 a.m. to 5:00 p.m. Monday - Thursday 7:30 a.m. to Noon, Fridays All City Hall customer service desks shall be staffed and all City Hall services will be available during the period of Summer Office Hours. Employee Schedule Supervisors shall set a schedule with their employees for the Summer Office Hours period or review a schedule with their employees at the beginning of each work week. Employees working 7:30 a.m. to Noon on Friday shall work one 8.5-hour day another day of the same week. Summer Office Hours shall not create overtime for any non-exempt employees. Flextime Arrangements Employees approved to work a flextime arrangement shall determine their Summer Office Hours flextime arrangement with their supervisor prior to the beginning of Summer Office Hours period. Employee Leave All City Hall employees taking leave on a Friday during the Summer Office Hours period shall take four (4) or four and one half (4.5) shours' leave for that day depending on their Summer Office Hours schedule. All City Hall employees taking leave on Monday through Thursday shall take eight and one half (8.5) or nine (9) hours of leave for each day depending on their Summer Office Hours schedule. Bereavement leave is explained in the Bereavement Leave section of this manual. Holidays For holidays that fall on Monday through Thursday, eight (8) hours of holiday shall be paid and one (1) hour of vacation or compensatory time shall be used or one (1) additional hour of work may be performed on another day of the same work week with department director approval. For holidays that fall on Friday, employees will take four (4) or four and one half (4.5) hours of holiday time and utilize the#the remaining four (4) or three and one half (3.5) hours of holiday time, with supervisor approval, at another time during the same pay period. Paydays As provided by Minnesota law, all employees are required to participate in direct deposit. Employees (except on -call firefighters1will be paid biweekly on alternate Fridays, adjusted Page 8187 Page 75 of 447 according to bank holiday schedules. Timekeeping Timesheets and any other time reports shall be approved and submitted to payroll by noon on the Monday before pay day. Failure to submit time reports on time or to approve employee's time reports on time may be subJect to discipline. An accurate record of hours worked, and any leave time used by nonexempt employees is necessary to comply with the provisions of the federal and state Fair Labor Standards Acts. Elk River utilizes different types of timekeeping systems. Employees using a schedule -based electronic timekeeping system have work schedules that are set by supervisors before each work period. Any deviation to an employee's work schedule shall be immediately updated in the timekeeping system. It is the employee's responsibility to ensure their time records are maintained accurately. Your finalized work schedule and approved exceptions sigig+f+essi"nify physical approval of your time record per FLSA and state statutes. Non-exempt employees utilizing a timesheet-based timekeeping system shall record their hours worked each day in 15 minute increments. Requests for time off shall be made and approved prior to the time off. If time off is unscheduled, the request and approval shall be made as soon as practicable but no later than the end of the pay period. Submission of timesheets acknowledges accuracy of your time record per FLSA. Employees utilizing a kiosk to punch in and punch out are responsible to punch in at the beginning of each shift and punch out at the end, bunch in and out for meal breaks, and to notify their supervisor immediately of any missed punches or other errors in their time record. Requests for use of Earned Sick and Safe Time (ESST) shall be made through the HRIS in writing directly to the supervisor. Exempt employees are paid a set salary for each pay period and do not record hours worked. Exempt employees utilizing paid leave time shall request leave time and receive approval through the time keeping system prior to the leave being taken. Submission of timesheet acknowledges accuracy of paid time off. Time off and overtime requests shall be made by the employee through the timekeeping system and shall be approved or denied by the supervisor through the timekeeping system. Requests shall be made in 15 minute increments. Requested leave (vacation or compensatory time and planned leaves of absence) must be submitted to supervisors through the timekeeping system with as much advance notice as possible. Leave requests are not final until approved by the supervisor in the timekeeping system. Employees are provided with secure access to their time records and shall not share their password with co-workers. All employees are responsible to ensure their time records are Page 76 of 447 accurate. The hours reflected in the timekeeping system are the hours employees will be paid for each pay period. It is the employee's responsibility to monitor their hours to ensure they accurately reflect the hours worked. If the employee feels there is a discrepancy, it is their responsibility to bring it to the attention of their supervisor. Supervisors are responsible to ensure employees are maintainftmaintain their time records accurately. Reporting false information is a crime and shall result in disciplinary action up to and including immediate termination. Overtime and Compensatory Time for Non -Exempt Employees The City Council considers and approves projected overtime expenses in the annual budget process. Department directors and division managers must manage overtime costs in accordance with their budget and exceptions must be communicated in writing to the city administrator. Overtime All employees may be required to work overtime as requested by their supervisor. Refusal to work overtime as requested may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. All overtime must be authorized in advance by the employee's supervisor. An employee who works overtime without prior approval may be subject to disciplinary action. Non- exempt employees (eligible for overtime pay) are not authorized to take work home or work through lunch without prior approval from their supervisor. The city complies with applicable state and federal laws governing accrual and use of overtime. Only employees to whom the overtime provisions of the state and/or the federal FLSA apply are required to be compensated for overtime work. The city administrator and human resources manager will determine whether each employee is "exempt" or "non- exempt" in accordance with federal law. Overtime eligible (non-exempt) employees will be compensated at the rate of one and one-half times their base hourly rate for hours worked over 40 in one workweek. However, non-exempt employees employed in fire protection or law enforcement activities may be paid overtime based on the 7(k) exemption as defined by the FLSA (29 U.S.C. § 207(k)). Vacation time, compensatory leave hours taken, holiday time off (pursuant to the Holidays policy below), bereavement, and sick and ESST leaves generally will count toward "hours worked" for non-exempt employees. Compensatory Time Overtime compensation will be paid for overtime hours, unless the employee and Page 10187 Page 77 of 447 department director mutually agree in advance of performance of the work that the overtime will be banked as compensatory time in lieu of overtime compensation. Employees may request and use compensatory time off in the same manner as other leave requests. Compensatory time must be marked as such on timesheets, both when it is earned and used. Overtime hours not specified as compensatory time will be paid with overtime compensation. Finance maintains compensatory time records. Employees may accumulate and "bank" up to 40 hours of compensatory time. As compensatory time off is utilized, additional compensatory time may be banked, not to exceed 40 hours. Overtime earned after 40 hours of banked compensatory time will be paid at the overtime rate. No more than forty (40) hours of compensatory time may roll over from one calendar year to the next. Upon termination of employment, employees will be paid for all accrued but unused compensatory time. Call Back Pay Employees called to work on an unscheduled or emergency basis shall receive a minimum of two (2) hours overtime pay for returning to their designated work location and performing duties associated with the event requiring the call-back. Call Backs resulting in work beyond two (2) hours will be paid according to the actual time worked by the employee calculated to the nearest 15-minutes at regular or overtime pay depending on the number of hours worked for the week. Employees who can respond to a Call Back remotely without returning to their designated work area using electronic means to address problems/concerns will be compensated with 15-minutes of pay at regular or overtime pay depending on the number of hours worked for the week. Extended or continual problems/concerns resulting in excessive remote monitoring will be evaluated for compensation by the supervisor and administration. Overtime pay for holidays is explained in the Ho/idayssection of this manual. On -Call Pay Employees may be assigned by the city to respond on short notice to render service outside of their regularly scheduled work shift. Wastewater operators in an on -call status, must carry the city -issued Pad (or compatible smart phone) to perform diagnostic review of alarm conditions, report to and perform required duties on the wastewater system on Saturday, Sunday, and paid holidays that fall within their assigned week. Establishment of an on -call schedule shall be at the discretion of the supervisor based on the needs of the city. Scheduled on -call time shall be distributed as equally as practicable. Page II 187 Page 78 of 447 On -call schedules shall be posted in the workplace at least two (2) weeks prior to initiation of the on -call schedule. The weekly on -call period begins and ends on Monday mornings at 8:00 a.m. Expectations of employees on call: ■ Employees shall be available for response outside of scheduled work hours when in an on -call status. ■ Wastewater employees in an on -call status shall report to work within thirty (30) minutes of phone call attempt from their supervisor, emergency dispatch, or from an alarm condition reported through an electronic control monitoring program. ■ Non -wastewater employees in an on -call status shall report to work within forty-five (45) minutes of phone call attempt from their supervisor, emergency dispatch, or from an alarm condition reported through an electronic control monitoring program. ■ Employees shall be prohibited from chemical impairment when in an on -call status. Chemical impairment is defined as a mental or physical state which would be illegal to operate a vehicle or equipment consistent with the position description. ■ Employees may request vacation or compensatory time off when on -call with prior supervisor approval and are responsible for finding another employee to assume their shift. ■ In the event of an unforeseen circumstance (family emergency, accident, etc.) which prevents an on -call response, the employee shall notify his/her supervisor as soon as reasonably possible. o An employee missing an on -call response shall be removed from on -call status until his supervisor is properly notified by the employee of his/her availability to return to on -call status. Employees assigned to positions within a collective bargaining unit shall receive on -call pay in accordance with the articles listed within their respective labor agreements. Non- exempt employees in positions outside of a collective bargaining unit shall receive on -call pay in accordance with the Compensation Plan for Non -Organized Employees. Employees failing to respond as detailed above while in a paid on -call status will not receive on -call pay for that day and will be subject to discipline. When an on -call employee, through notice as detailed above, returns to work and/or renders service on behalf of the city, they shall be compensated in accordance with the Call -Back Pay policy as defined above. Staffing Inventory Supervisors may contact employees to determine potential availability for a future unscheduled work shift. A positive response to availability does not commit employees to respond. This staffing inventory is a voluntary response, not a commitment to availability. Page 12187 Page 79 of 447 In the event an employee responds positively and is later unable to respond, supervisors have no remedy for discipline or retaliation, Time off for Exempt Employees Positions classified as Exempt do not qualify for overtime compensation per the FLSA. Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors, the city administrator, and the City Council. Generally, to meet these expectations, an exempt employee is often required and expected to work On exEess ofmore than forty (40) hours per week. Exempt employees are required to use paid leave when on personal business or away from the office for a significant part of the workday. Based on supervisor's discretion, absences of a few hours do not require the use of paid leave as it is presumed that the employee works more than 40 hours per week. Exempt employees shall ,.,,m.,.,, n*Eate who receive banked holiday hours shall request their holiday time off in advance of the time being taken off. tea' time off shall not be o a e f..r one basis with exEess hO F OFIE .J If an exempt employee is regularly absent from work under this policy and it is found there is excessive time away from work that is not justified, the situation will be handled as a performance issue. If it appears that less than forty (40) hours per week is needed to fulfill the position's responsibilities, the position will be reviewed to determine whether a part-time position will meet the needs of the city. Additional notification and approval requirements may be adopted by the city administrator for specific situations as determined necessary. Report of Employee Information Changes The city attempts to maintain complete and accurate employee information and complies with data privacy laws. It is important that your permanent personnel records are kept accurate and up to date. Immediately notify Human Resources when there is a change in any of the following: ■ Name (through marriage or otherwise) ■ Address ■ Marital status ■ Number of children ■ Beneficiaries for life insurance and retirement ■ Telephone number ■ Person to contact in case of emergency ■ Other changes which may affect benefits coverage Many changes can and should be made by the employee directly in the Human Resources Information System. Page 13187 Page 80 of 447 Performance Appraisals Performance appraisals are an opportunity for employees, supervisors, and the city to assess employee job performance. The performance appraisal system is designed to: ■ Ensure that quality services are provided to the public at the least possible cost. ■ Motivate and develop employees to their fullest potential. ■ Clarify roles and mutual expectations of supervisors and employees. ■ Promote open and ongoing communication between employees at all levels, including feedback from subordinates to supervisors. ■ Assist in determination of whether employees are meeting the established performance standards for their position. Performance appraisals generally will be maintained in the employee's electronic personnel file. Immediate supervisors will conduct performance appraisals annually and may conduct formal or informal performance appraisals more frequently if necessary or prescribed by the city administrator or the department director. The performance appraisal usually will be in writing and must be acknowledged by the employee and supervisor. Acknowledgement of the performance appraisal document by the employee recognizes that the review has been discussed with the supervisor and does not necessarily constitute agreement. Failure to acknowledge the document by the employee will not delay processing. Employees do not have the right to change or grieve their performance appraisal but may submit a written response which will be included in the employee's profile. Attendance Every employee has an important role in maintaining a productive workplace. Therefore, it is essential that all employees report to work every day as scheduled. Unsatisfactory attendance, including reporting late to work and leaving work early may result in disciplinary action up to and including discharge. If an employee must be absent from work for any reason, other than approved time off, s/he must notify his/her immediate supervisor at least thirty (30) minutes prior to the start of his/her normal working hours. If an emergency prevents the employee from notifying his/her supervisor at such time, the employee must call his/her immediate supervisor as soon as possible during the workday. Page 14187 Page 81 of 447 Rest/Meal Break Non exempt, full tome Employees shall receive a paid rest break not to exce of fifteen (15) minutes or enough time to use the nearest restroom, whichever is longer, away from job duties on one occasion during each four (4) hour work shift. Part tome employees s hours.FeEeive a paid Fest bFeal( net to exEeed fifteen (15) minutes during a werk peried of four All-eEmployees scheduled to work e+g t- ix ($6) or more hours per shift are required allowed to take a half-hour; unpaid meal break. Employees scheduled to work eight (8) or more hours per shift are required to take a half- hour, unpaid meal break. Meal and rest breaks shall be taken mid -shift: not at the start or end of a shift. Employees of Northbound and Westbound Liquor are required to stay "on duty" in the building and be reachable by other employees should their assistance be required during their break. In consideration of this, Northbound and Westbound Liquor employees are paid during their break time. Employment of Relatives All employees are hired as the most qualified candidate based on qualifications, skills, and ability. Employment is not restricted to more than one member of a family (including spouse, children, parents, siblings, in-laws, or other immediate relative). No family member will be hired where: ■ One family member would have the authority or practical power to supervise, appoint, remove, or discipline the other. ■ One family member would be responsible for auditing the work of the other. ■ Circumstances exist which would place the family member in a situation of actual or reasonably foreseeable conflict between the city's interests and their own. ■ The family member has a relative employed by an organization with whom the city has business dealings and in the city's judgment the position and job responsibilities of both the employee and family member would create an appearance of improper influence or favor or would jeopardize the confidentiality of data maintained by the city. Supplemental Employment Page 15187 Page 82 of 447 Elk River does not restrict employees from engaging in outside employment. However, regular, full-time employees are expected to consider city work their primary employment. Employees may not engage in outside employment that interferes with the performance of one's city duties, that represents a conflict of interest, or that may influence or bias an employee's job -related decision -making ability. The city will not adjust work hours to facilitate the scheduling of outside employment. If a supervisor believes an employee's outside employment is detrimental to the city and his/her position, the employee may be asked to discontinue the outside employment. If an employee is asked to discontinue outside employment and fails to do so, s/he may be subject to discipline up to and including termination. Page 16187 Page 83 of 447 Separation from Employment Resignation The purpose of proper notice is to ensure an orderly transition of responsibilities and open work items. Holidays or the use of vacation, sick/ESST, or compensatory time may only be approved by the cityeradministrator to be considered proper notice. Employees are not eligible for pay increases after resignation notice has been given. With proper notice, the employee will be compensated for any accrued, unused vacation time. If eligible, s/he may also be compensated for a portion of banked sick/ESST leave as stated in the Severance Pay Section of this policy manual. Proper notice must be submitted in writing to the employee's supervisor. Employees working a typical Monday through Friday schedule must provide notice at least ten (10) working days prior to the separation date. Department directors must provide a twenty (20) working day notice. Employees working a shift schedule that may include weekends and evenings shall provide a fourteen (14) calendar day notice. Non-exempt employees will be compensated for any accrued but unused compensatory time as of the date of separation. An unauthorized absence from work for a period of three (3) or more working days may be considered a resignation without proper notice. Failure to comply with this notice procedure may be considered reason for denying an employee future employment with the city. Termination Employees terminated from employment have no right or expectation of payment of accrued vacation, sick/ESST, and/or holiday leave time. Retirement Employees who retire from employment must follow the Resignation policy above and may be eligible for retirement programs as provided by state or federal law. Layoffs The City Council has the authority to lay off any employee when such action becomes necessary as determined in the city's sole discretion. The city will attempt to provide a ten (10) working day notice prior to a layoff. Severance Pay AR regular full-time or regular part-time employee resigning employment may be eligible for a cash payment for a portion of unused sick leave. For the purpose ofthis section, sick leave is the combination of an employee's sick leave bank and Earned Sick and Safe Time rage ii 187 Page 84 of 447 (ESST) bank. employee —. To receive a severance payout, the following conditions shall be met: • The employee must be a regular full-time or regular part-time employeee,msiel�e per the Sick Leave policy belew; and • The employee must leave in good standing, not terminated by the city; and • S/he must provide proper notice of resignation as stated above with city administrator discretion.); and • S/he must execute a release of claims. Payment shall be based on the consecutive years of leave -eligible service completed by the employee with the City of River and his/her accrued sick/ESST leave balance. Payment shall be at the rate of pay when the resignation is submitted. For Employees hired before August 8, 2023, and completing two (2) years of consecutive service, the severance payment is calculated at fifty percent (50%) of the accumulated sick/ESST leave balance up to a maximum paid of four hundred eighty (480) hours. Employees hired August 8, 2023, or later, and completing five (5) years of consecutive service, will receive a payout as outlined below: 5-9 consecutive years of service 40% of up to 960 hours 10 or more consecutive years of service 50% of up to 960 hours An employee eligible for Severance Pay as noted above and eligible for PERA benefits will receive payout as outlined below. 15-19 consecutive years of service 60% of up to 960 hours 20-24 consecutive years of service 65% of up to 960 hours 25-29 consecutive years of service 70% of up to 960 hours 30-32 consecutive years of service 75% of up to 960 hours 33 or more consecutive years of service 80% of up to 960 hours Accumulated leave on eXEess ofmore than nine hundred sixty (960) hours is not eligible for a severance payment. SiEk leave shall ntinue to aEEumulate on excess of none hundred sixty (960) hours te be used on accordance with the Family MediEal Leave Act. Due to unforeseen circumstances and in his/her sole discretion, the city administrator may grant exceptions to provide partial payout prior to five (5) years of service. Exit Interviews Human Resources shall conduct a brief interview with each employee separating from city employment. The interview seeks to identify employee morale trends triggered by policy concerns, management/communication gaps, workload levels, and the general workplace Page 18187 Page 85 of 447 environment. Page 19187 Page 86 of 447 Leave Benefits The city and state and federal law provides leaves of absence according to the following policies. A Leave Request f-tee form must be completed for foreseeable leaves other than vacation. Forms are available on Access Elk River or from Human Resources. When possible, advance notice of a leave should be provided to the employee's department director so work schedules can be adjusted accordingly. Many types of leave below have notice requirements. It is the employee's responsibility to review these policies and follow the notice requirements. Notice is not considered given until a Leave Request form has been submitted. Depending upon an employee's situation, more than one form of leave may apply during the same period ., the Family and MediEal Leave AEt is likely to apply during a workers' Not all types of leave are compensated. Employees taking FMLA leave are required to take vacation, sick, ESST, or compensatory time concurrently, unless they are also taking MN Paid Leave. An employee will need to meet the requirements of each form of leave separately and all eligible leaves will run concurrently, as allowed by law. Leave requests will be evaluated on a case -by -case basis. Employees shall record worked hours or use only one type of paid leave for each scheduled work hour. Time off without pay is not allowed outside of the leave policies below. Except as otherwise stated, all paid time off taken under any of the city's leave programs must be taken concurrently, or, when allowed by law, consecutively, with no intervening unpaid leave. The city will provide employees with time away from work as required by state or federal statutes if there are requirements for such time off that are not described in the personnel policies. The city will not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting leave rights in accordance with these policies. Vacation Leave Paid vacation leave is provided for regular, full-time employees and on a prorated basis for eligible part-time employees. To be eligible, part-time employees must work a set schedule with a minimum of forty (40) hours per biweekly pay period. Most temporary, seasonal, and part-time employees are not eligible for vacation benefits. Vacation leave is accrued based on consecutive years of leave -eligible service. To determine an employee's vacation accrual rate, years of service will include all continuous time the employee has worked at the city in a position that is eligible for paid leave (including authorized unpaid leave). Employees who are rehired after terminating city employment will not receive credit for their prior service unless specifically negotiated at the time of hire. Page 20187 Page 87 of 447 Leave -eligible employees hired before December 31, 2020, may carry more than 240 hours of vacation leave during a year but may not carry more than 240 hours forward to the next calendar year. Employees hired after January 1, 2021, shall accrue 120 working hours per year at the start of eligible employment through the completion of their ninth (911) year. Effective August 8, 2023, these employees may not carry more than 120 hours forward to the next calendar year but may carry more than 120 hours during a year. Employees with fewer than eight (8) years of service as of January 1, 2021, who elected to reduce their annual carryover rate in return for the reduced annual accrual may carry more than their annual accrual amount of vacation leave during a year but, effective August 8, 2023, may not carry more than their annual accrual amount forward to the next calendar year. For the purpose of this policy, annual accrual amount is defined as the Accrual Rate hours listed below that reflect the Length of Service of the employee at the end of the calendar year. Employees accrue vacation leave at the following rates with the exception of 2021 and later hires and eligible employees who have requested and acknowledged the new accrual and carry—over rate: Length of Service Accrual Rate From start of eligible employment through completion of the 5th year 88 working hours per year Beginning of the 6th year through completion of the 7th year 112 working hours per year Beginning of the 8th year through completion of the 9th year 120 working hours per year Beginning of the 10th year through completion of the 11 th year 128 working hours per year Beginning of the 12th year through completion of the 13th year 136 working hours per year Beginning of the 14' year through completion of the 15th year 144 working hours per year Beginning of the 16th year through completion of the 17th year 152 working hours per year Beginning of the 18th year 160 working hours per year Page 21 187 Page 88 of 447 Beginning of the 1911 year Beginning of the 2011 year Beginning of the 21 sl year Beginning of the 22nd year through completion of the 2411 year Beginning of the 25th year and thereafter 168 working hours per year 176 working hours per year 184 working hours per year 192 working hours per year 200 working hours per year Vacation leave requires supervisor approval. Employees may not use vacation leave during their Orientation Period unless authorized by the city administrator. Employees taking more than two (2) consecutive weeks of vacation or a combination of vacation and compensatory time must obtain prior approval from the city administrator. The city will make every effort to grant vacation time as requested but reserves the right to deny or approve vacation schedules. 40/40/40 Vacation Payout Option Employees may request a one-time per year payout of forty (40) hours of accumulated vacation after taking at least forty (40) hours of vacation leave provided that after the reduction of the eighty (80) hours the employee retains a minimum vacation balance of forty (40) hours. The irrevocable election to take the 40/40/40 option must be made by the end of the calendar year prior to taking the vacation. The vacation payout will occur following a valid written request by the employee indicating the above criteria have been met or the second pay day in November of each year, whichever comes first. Sick Leave Employees hired before lanuary 1, 2025, may have a bank of sick leave. Leave time is no longer being accrued into sick banks. Sick leave is not a privilege or vested right that an employee may use at his/her discretion. Eligible employees may use sick leave only for the following: ■ When an employee is unable to perform work duties due to illness or disability (including pregnancy). ■ For medical, dental, or other care provider appointments. ■ When an employee has been exposed to a contagious disease of such a nature that his/her presence at the workplace could endanger the health of others. ■ To care for the employee's injured or ill children, including stepchildren or foster children, for such reasonable periods as the employee's attendance with the child may be necessary. ■ To take children, or other family members to a medical, dental, or other care Page 22187 Page 89 of 447 provider appointment. To care for an ill family member for such reasonable periods as the employee's attendance may be necessary. ME I NO• - - - Employees must notify their immediate supervisor at least thirty (30) minutes before the start of their regular start time if s/he intends to be absent from work. If an emergency prevents the employee from notifying the immediate supervisor, s/he must contact the immediate supervisor as soon as possible during the workday. Employees are required to keep their immediate supervisor informed of their anticipated return to work. Employees Page 23I87 Page 90 of 447 are -is responsible to ensure sick time usage is recorded in the timekeeping system as soon as practicable but no later than the end of the pay period in which the time was taken. After an absence, a physician's statement may be required on the employee's first day back to work, indicating the nature of the illness or medical condition and attesting to the employee's ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation. Any work restrictions must be stated clearly on the return -to -work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. Sick leave may be denied for any employee required to provide a doctor's statement until such a statement is provided. The city has the right to obtain a second medical opinion to determine the validity of an employee's workers' compensation or sick leave claim, or to obtain information related to restrictions or an employee's ability to work. The city will arrange and pay for an appropriate medical evaluation when it is required by the city. An employee attempting to use sick time for reasons other than those explicitly permitted in this policy will be subject to disciplinary action up to and including termination. A doctor's note shall be required if an employee is absent more than three two (32) days or if abuse of sick leave is suspected. In some circumstances, an employee may be requested to submit to a medical examination by a physician or medical facility licensed to practice medicine. In such a circumstance, the city may select the physician and facility that will conduct the examination. Earned Sick and Safe Time Leave Earned Sick and Safe Time (ESST) is paid leave that can be used for certain reasons, including when an employee is sick, to care for a sick family member, when work or a child's school is closed, or to seek assistance if an employee or their family member has experienced domestic abuse, sexual assault, or stalking. This specific leave applies to a* employees (including temporary and part-time employees) performing work for the city for at least 80 hours in a calendar yearfer the city. Paid On -Call Firefighters and elected officials or someone appointed to fill an elected office vacancy are not eligible. Accrual of ESST Beginning January 1, 20242025, Minnesota law requires all leave time provided to employees for personal illness or injury to be available for use as the 0 n9plengentatien of Earned S*ck and Safe Time ESST). Regular, full-time and part-time employees no longer accrue time into sick banks and accrue ESST at a rate of eight (8) working hours for each calendar month, prorated for regular part-time employees. (Employees with more than 960 hours of Sick and ESST, see Sick and ESST Bank Balances for RegularEmolovees below.) To be eligible as a regular part-time employee, paFt time employees must work a Page 24187 Page 91 of 447 set schedule with a minimum of forty (40) hours per biweekly pay period. For all non -regular employees, ESST is earned at the rate of one hour for every 30 hours worked, up to a maximum of 48 hours earned per calendar year with a maximum bank balance of 80 hours. The hourly rate of ESST is the same hourly rate an employee earns from employment with the city. Employees eligible for Sick Leave as defined On the seEtion above will have a portion of that SiEk leave designated as ESST. Employees not eligible for SiEl( Leave as defined On the seEtion above who work for the Eity at least 80 hours On a Ealendar year will aEErue ESST at the rate of 1 hour for every 30 hours ESST may begin accruing at the beginning of the calendaF employment although employees may not use ESST until they have worked 80 hours On . Unused ESST is not paid out at the end of employment except as provided under Severance Pay above. After the employee has worked 80 hours On the calendar year, ESST may be used as it is accrued in the smallest increment of time for which employees are paid. For employees recording work hours on a timesheet, ESST may be used in 15 minute increments. For emolovees bunching in and out on a kiosk. ESST may be used for the time lost in your scheduled shift. -An employee may use accrued ESST for the following reasons: ■ an employee's: o mental or physical illness, injury, or other health condition; o need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; o need for preventive medical or health care; or o need to make arrangements for or attend funeral services or a memorial. or address financial or legal matters that arise after the death of a familv member: ■ care of a family member: o with a mental or physical illness, injury, or other health condition; o who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or other health condition; or o who needs preventive medical or health care; absence due to domestic abuse, sexual assault, or stalking of the employee or Page 25187 Page 92 of 447 employee's family member, provided the absence is to: o seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking; 0 obtain services from a victim services organization; 0 obtain psychological or other counseling; o seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking; or o seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking; closure of the employee's place of business due to weather or other public emergency or an employee's need to care for a family member whose school or place of care has been closed due to weather or other public emergency; the employee's inability to work or telework because the employee is: o prohibited from working by the employer due to health concerns related to the potential transmission of a communicable illness related to a public emergency; or o seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and such employee has been exposed to a communicable disease or the employee's employer has requested a test or diagnosis; and when it has been determined by the health authorities having jurisdiction or by a health care professional that the presence of the employee or family member of the employee in the community would jeopardize the health of others because of the exposure of the employee or family member of the employee to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease. For the purposes of this subdivision, a public emergency shall include a declared emergency as defined in MN Statute Section 12.03 or a declared local emergency under MN Statute Section 12.29. ESST may be used for the following family members: ■ an employee's: o child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis; o spouse or registered domestic partner; o sibling, stepsibling, or foster sibling; o biological, adoptive, or foster parent, stepparent, or a person who stood in loco parentis when the employee was a minor child; o grandchild, foster grandchild, or stepffandENfdstep grandchild; o grandparent or stepgrand1step grandparent; o a child of a sibling of the employee (niece or nephew); Page 26187 Page 93 of 447 o a sibling of the parents of the employee (aunt or uncle); or o a child -in-law or sibling -in-law; a spouse or registered domestic partner's family members as listed above; any other individual related by blood or whose close association with the employee is the equivalent of a family relationship; and up to one individual annually designated by the employee. Required Notices If the need for the use of ESST is foreseeable, the employee must provide notice at least seven (7) days in advance of the use of the leave. Notice shall be provided by making the request through the employee's time management or HRIS system, or for extended leave, by completing a Leave Reguestform. Employees who punch in and out using a kiosk or timeclock shall provide written notice directly to their supervisor specifically identifying the use of ESST. If the need is unforeseeable, the employee must provide notice as soon as practicable. If possible, employees must notify their immediate supervisor at least thirty (30) minutes before the start of their regular start time if s/he intends to be absent from work. If an emergency prevents the employee from notifying the immediate supervisor, s/he must contact the immediate supervisor as soon as possible during the workday. Employees are required to keep their immediate supervisor informed of their anticipated return to work. Employees shall follow notice requirements for the use of sick time set forth in union contracts if different from the requirements above. Employees are4s responsible to ensure ESST time usage is recorded in the timekeeping system as soon as practicable but no later than the end of the pay period in which the time was taken. When an employee uses ESST for more than three two consecutive workdays, the employee shall provide appropriate supporting documentation (such as medical documentation supporting medical leave, court records or related documentation to support safety leave). However, if the employee or employee's family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, ESST for a qualifying purpose. The city will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee's or the employee's family member's medical condition. In accordance with state law, the city will not require an employee using ESST to find a replacement worker to cover the hours the employee will be absent. Employees may volunteer to seek a replacement worker or trade shifts to cover their ESST absence. Page 27187 Page 94 of 447 Carry Over of ESST Employees will carry over accrued but unused ESST into the following calendar year. Accrued but unused ESST shall never exceed 80 hours for non -regular employees. Retaliation Prohibited The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting ESST rights, requesting an ESST absence, or pursuing remedies. Further, use of ESST will not be factored into any attendance point system the city may use. Additionally, it is unlawful to report or threaten to report a person or a family member's immigration status for exercising a right under ESST. Benefits and Return to Work During an employee's use of ESST, an employee will continue to receive the city's employer insurance contribution as if they were working, and the employee will be responsible for any share of their insurance premiums. An employee returning from time off using accrued ESST is entitled to return to work at the same rate of pay received when their leave began, plus any automatic pay adjustments that may have occurred during the employee's time off. Seniority during ESST absences will continue to accrue as if the employee has been continually employed. When there is a separation from employment with the city and the employee is rehired again within 180 days of separation, previously accrued ESST that had not been used or paid out will be reinstated. An employee is entitled to use and accrue ESST at the commencement of reemployment. Sick and ESST Bank Balances for Regular Employees Total leave banked as sick leave and ESST will be checked on the last pay day in October of each year. • If Employee is at or over 960 accrued hours, they will begin accruing leave at the rate of eight U days per year on the first pay day in November. • If Employee is under 960 accrued hours, they will remain accruing at the rate of twelve (12) days per year. When balances are checked on the last pay day in October the following year, employees accruing at the eight (8) days per year rate shall have one-half (1 /2) of the previous year's accrued hours paid into Employee's Post Employment Health Care Savings Plan (PEHCSP) and the remaining half will remain in the employee's sick leave bank. (i.e.: If you begin the year at the eight (8)-day accrual rate half of your year's accrual will be paid into your PEHCSP at the end of the year and the other half will remain in your bank.) Page 28187 Page 95 of 447 If the balance is below 960 when checked the following year, the employee returns to the twelve (12) days per year accrual rate. Employees are not eligible for PEHCSP payment when accruing at the twelve (12) days per year rate and all unused accrued hours remain in their bank. If the balance is at or above 960 when checked, the employee will move to or remain in the eight U day per year accrual plan. There is no limit on the amount of accrued sick/ESST leave that can be accumulated and carried forward from one year to the next. �uj iiiii►M� s�c.►.c.n►:..s.►:�Gi�:i.���.ui� ���� �� �.i► �►M...�M.=.u�.n�ic. � �� ��iu���:��i►:uiir.���i��:��•�i►:i.�w�►:w�sa.►Maw:�.i►:�wi►M.a��:���lviupia.i►:�►:c.��L��P1�1�1�[al�l�l7 MM'�l"'-V-W,,Amwwu.�r. i►:w�w��ii:ur.w:w�.i►:aMii�:�:�. . " .: Page 29187 Page 96 of 447 Holiday Leave Regular, full-time employees are eligible to receive pay for the following holidays: ■ New Year's Day ■ Martin Luther King, Jr. Day ■ Presidents Day ■ Memorial Day ■ Juneteenth ■ Independence Day ■ Labor Day ■ Veterans Day ■ Thanksgiving Day ■ Friday after Thanksgiving ■ Christmas Eve ■ Christmas Day Regular�FPart-time employees will receive paid holidays on the same basis as regular, full- time employees, except that holiday pay will be pro -rated according to the number of hours worked. To be eligible, part-time employees must work a set schedule with a minimum of forty (40) hours per biweekly pay period. Most temporary and seasonal employees are not eligible for holiday pay. For e€mployees working a Monday through Friday workweek, holidays occurring on Saturday are observed the preceding Friday and holidays occurring on Sunday are observed on the following Monday. When a holiday falls during an employee's vacation or sick leave, the employee will not be charged with vacation or sick leave for the holiday hours; the hours will be considered holiday leave. Although the city prefers that employees enjoy the observed holidays, emergencies may arise. If a non-exempt employee is required by his/her supervisor to work on an actual holiday, the hours worked (in addition to holiday pay) shall be paid as follows: 1. Regular non-exempt full-time and regular non-exempt part-time employees (excluding employees to which #2 below applies) scheduled for or called in to work on the actual holidays listed above shall receive one and one-half the employee's regular rate of pay in addition to the holiday pay. 2. Holiday benefit -earning liquor store and FT Center employees (excluding senior activity center employees) will be given a bank of holidays (8 hours for each recognized holiday) to use throughout the year. Holidays not used will be paid to Page 30187 Page 97 of 447 the employee +rron the first pay day in December of each year. Holidays to be used in December shall be requested and approved no later than November 15. Employees will not receive one and one-half the employee's regular rate of pay if working on a holiday. 3. Employees performing emergency or mission critical snow removal shall be paid double time for hours worked on a holiday. For the purpose of this section, the additional pay applies on the actual holiday if different from the day observed by the city. 4. Firefighters shall be paid double time for emergency response and scheduled Fire Watch hours worked on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve and Christmas Day. 5. If scheduled to work on the actual holiday listed above, non -holiday benefit eligible part-time, seasonal, or temporary employees shall be paid at 1.5 times their regular rate of pay. Community Event Center non -holiday benefit eligible part-time} seasonal, or temporary employees shall also be paid at 1.5 times their regular rate for working on Easter. Minnesota Paid Leave The city provides time off to eligible employees who qualify for Minnesota Paid Leave (MNPL) benefits under Minnesota law. The city of Elk River is a participant in the MetLife Paid Leave program. MNPL benefits are funded through premium contributions payable to MetLife. The premium cost will be split between the city and employee as follows: The city of Elk River will pay 50% of the required premium and employees will pay 50% of the premium cost through payroll deductions starting January 1, 2026. Eligibilli Eligibility determinations for MNPL benefits are made by MetLife. Generally, to be eligible for MNPL, you must: • Work at least 50% of the time from a location in Minnesota, including employees who work from home or spend time in other states occasionally. • Meet the financial eligibility requirements by having earned over a specific amount of wages as defined by Minnesota law at the time of your requested leave. An employee's weekly MNPL benefits are calculated and determined by the Minnesota Department of Employment and Economic Development (DEED). Leave Entitlement and Usage MetLife may approve MNPL leave for the following conditions in a benefit year: • Up to 12 weeks of medical leave (for yourself) to take care of yourself for a serious health condition, including pregnancy, childbirth, recovery, or surgery. • Up to 12 weeks of family leave to: o Bond with a child through birth, adoption, or foster placement o Care for a family member with a serious health condition Page 27187 Page 98 of 447 o Support a military family member called to active duty[ o Receive covered types of care for yourself or a family member because of domestic abuse, sexual assault, or stalking You can take both types of leave in the same year, but you cannot exceed 20 weeks total within a single benefit year. For example, an employee may be entitled to 12 weeks of family leave to bond with a child and another 8 weeks of medical leave for their serious health condition. Your benefit is a rolling 12-month period measured backward from the first day you take Paid Leave. There is no waiting period for MNPL if you are granted the benefit. MNPL Intermittent Leave Employees may apply for intermittent leave in most cases, provided the leave is reasonable and appropriate to the needs of the individual requiring care. A) Eli i bilit In addition to the other eligibility requirements under the MN Paid Leave law, employees seeking intermittent leave must have at least eight hours of accumulated leave (unless more than 30 days have lapsed since taking the initial leave). B) Notice In situations where emolovees seek MNPL on an intermittent basis. emolovees must make a reasonable effort to provide written notice to the human resources manager of the need for intermittent leave before applying for MNPL benefits through MetLife. As part of the notice, employees must provide the city with the following 1) proposed intermittent leave schedule: and 2) a completed certification from a health care provider identifying the leave as necessary and a reasonable estimate of the frequency and duration and treatment schedule for the leave. C) Increments of Leave & Maximum Number of Hours Employees may take intermittent leave in increments of one hour. If eligible for intermittent leave, the city allows a maximum of 480 hours of intermittent leave in any 12- month period. After reaching the maximum amount of allowed intermittent leave — employees may request continuous MNPL provided the continuous leave does not exceed the maximum amount of MNPL allowed by law. Definitions • Family member includes: o Spouse or partner o Child (including biological, adopted, step, or foster children, or a child you raise even if you are not legally related) o Parent or person who raised you o Sibling Page 28187 Page 99 of 447 o Grandchild or grandparent o In-laws (including son, daughter, father, or mother) o Anyone close to you who depends on you like family, even if not related by blood • A serious health condition means a physical or mental illness, ingury, impairment condition, or substance use disorder. Taking care of yourself for this serious condition may involve evaluation, treatment, inpatient care, recovery, or not being able to perform regular work, attend school, or do regular daily activities. This includes childbirth, conditions related to pregnancy, or surgery. Notice Prior to starting a claim with MetLife, employees need to notify their supervisor of their intent to take leave and complete a Leave Request, which can be found on Access Elk River. If the need for leave is foreseeable, employees must provide at least 30 days' notice prior to taking leave. The employee must notify the supervisor and human resources as soon as practicable if the dates of scheduled leave change, are extended, or were initially unknown. If the leave is not foreseeable you will still be able to take leave under MNPL and we ask that you provide as much notice as possible. How to Apply for Minnesota Paid Leave After the above Notice requirement has been met, you may apply for MNPL through our third -party administrator MetLife. (Notifying your employer first is a requirement of MNPL law.) Instructions on filing a claim can be found on Access Elk River or on your Benefits & HR Info page in UKG. MNPL will run concurrently with any leave and/or wage supplement for which you may be eligible for under local, state, or federal law, or city policy which may include: Family and Medical Leave Act (FMLA), Minnesota Women's Economic Security Act (WESA) pregnancy and parenting leave, and Workers' Compensation. The city offers short-term disability (STD) and long-term disability (LTD) that may run concurrently and require their own filing requirement pursuant to the terms of the STD and LTD policies. Please see the applicable plan policy for more information. STD and LTD payments may be reduced, pursuant to the terms of their policy, as a result of receiving MNPL. Supplementing MNPL Benefits with Accrued Paid Leave If you are receiving MNPL benefits, the city allows you to supplement, or "top off," your MNPL benefits with any accrued but unused paid leave. If you choose to supplement your MNPL benefits in this way, the combined weekly sum of MNPL benefits and city -provided Page 29187 Page 100 of 447 paid leave benefits cannot exceed your Individual Average Weekly Wage (IAWW). For more information, contact the human resources department. Maintaining Health Coverage During Leave Unless the employee revokes coverage while on MNPL, the city will continue to provide group health insurance coverage for an employee on MNPL under the same conditions as the coverage was provided before the employee took leave. You must continue to make timely payments of your share of the premiums for such coverage. If you are not using paid time off to cover part or all the leave, you will be responsible for remitting your portion of health premiums to the city to ensure continuation of benefits. Group health insurance may be cancelled if an employee's premium payment is 30 days late. Before terminating coverage, the city will provide written notice to the employee at least 15 days before the coverage is terminated listing the final date payment is due (30 days past the due date) to avoid cancellation and the date coverage will end if payment is not received. An employee's share of premium payments for their group health insurance coverage may be: 1. prepaid at or before the start of the leave. There are limitations to this when the leave occurs in two calendar years. 2. paid monthly to the city by check. Coverage that lapses due to nonpayment of premiums will be reinstated immediately[ upon return to work without a waiting period. Reinstatement Upon return from covered MNPL, you will be reinstated to your previous position or to an equivalent position, with the same status, pay, employment benefits, length -of -service credit, and seniority credit as of the date of leave as long as you have worked for the city[ for a minimum of 90 calendar days. Upon return to work, if it becomes evident that the employee is unable to perform the key essential functions of their position (with or without reasonable accommodation), the city[ may engage in an interactive process, consistent with the American with Disability Act (ADA) and/or Minnesota Human Rights Act (MHRA) and other applicable workplace policies, including workplace safety protocols, to determine appropriate next steps. Retaliation The city will not interfere or retaliate against employees who request or takes leave in accordance with the MN Paid Leave law Page 30187 Page 101 of 447 Family and Medical Leave (FMLA) The city shall determine whether leave is FMLA-qualified. An employee cannot choose to opt out of FMLA leave given a qualifying event. Employees meeting the following conditions qualify for FMLA leave: ■ Have worked for the city for 12 months (or 52 weeks) prior to the date the leave is to commence. The 12 months or 52 weeks need not have been consecutive; however, the city will not consider any service 7 years prior to the employee's most recent hire date. Have worked at least 1,250 hours during the 12-month period prior to the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave asleave as hours worked. Consequently, these hours of leave should not be counted in determining the 1,250 hours eligibility test for an employee under the Family and Medical Leave Act (FMLA). Leave will be granted to all eligible employees for any of the following reasons: ■ The birth of a child, including prenatal care, or placement of a child with the employee for adoption or foster care. ■ To care for a spouse, child, or parent who has a serious health condition. ■ Due to a serious health condition that makes the employee unable to perform the essential functions of the position. ■ A covered military member's active duty or call to duty, or to care for a covered military member (Military Caregiver and Qualified Exigency Leave, described below). Definitions Caring - Psychological as well as physical care. It also includes acquiring care and sharing care duties for a covered family member. Eligible child - biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age or who is 18 years of age or older and incapable of self -care because of a mental or physical disalo ty._A person u 18 years of age OF a person inEapable of self-Ear-e Of OF mental disability who is a biological, adopted, foster, or stepchild, a ward of the employee, or a person with whem the employee is E:haFged with a parent's rights, duties, and responsibilities. Spouse - Spouse means a husband or wife as defined or recognized in the state where the individual was married, including in a common law marriage or same -sex marriage.Dees Eligible parent - Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a Page 31 187 Page 102 of 447 child. This term does not include "parents-in-law."A F"I — IL [­1 — I VV �.e W ': :. :. ': :; : vi ': :. _ _ _It • Serious Health Condition - As defined under the FMLA means an illness, injury, impairment, or physical or mental condition that involves one of the following: ■ Period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility. ■ Period of incapacity due to pregnancy, prenatal medical care, or childbirth. ■ Period of incapacity of more than three consecutive calendar days that also involves continuing treatment by or under the supervision of a health care provider (Absence plus treatment). ■ Incapacity from a chronic condition which requires periodic visits for treatment by a health care provider continues over an extended period and may cause episodic rather than a continuing period of incapacity. ■ Permanent/long-term conditions requiring supervision. ■ Period of absence to receive multiple treatments (including any recovery period therefrom) by a health care or service provider under orders of, or on referral by, a health care provider. Length and Amount of Leave The length of FMLA leave shall not exceed twelve (12) weeks in any twelve (12) month period. The leave year is calculated on a rolling year basis measured backwards from the time the employee uses leave. The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12) months after the birth or placement of that child. How Leave May be Taken FMLA leave may be taken in consecutive weeks, intermittently (a day periodically as needed), or may be used to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of twelve (12) workweekswork weeks. Intermittent leave may be taken when medically necessary for the employee's serious health condition or to care for a seriously ill family member. Intermittent leave must be documented in the medical certification form as medically necessary. If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment, the employee must make a reasonable effort to schedule the treatment to not disrupt the city's business. In instances when intermittent or reduced schedule leave for the employee or employee's family member is foreseeable or is for planned medical treatment, including recovery from Page 32187 Page 103 of 447 a serious health condition, the city may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule. Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed adopted or foster care child only with the city's approval. Notice All employees requesting FMLA leave must provide written or verbal notice of the need for the leave to the employee's supervisor and human resources. When the need for the leave is foreseeable, the employee must give verbal and written notice to his/her supervisor at least thirty (30) days prior to the date on which leave is to begin. If thirty (30) days' notice cannot be given, the employee is required to give as much notice as practicable, including following required call -in procedures. If an employee fails to give thirty (30) days' notice for a foreseeable leave with no reasonable explanation for the delay, the leave may be denied until thirty (30) days after the employee provides notice. Certification and Documentation Requirements For leave due to an employee's serious health condition or a family member's, the city will require the completion of a Medical Certification Form by the attending physician or practitioner. The form must be submitted to Human Resources within fifteen (15) calendar days after requested. If the form is not submitted in a timely fashion, the employee must provide a reasonable explanation for the delay. Failure to provide medical certification may result in a denial or delay of the leave. The city may require an employee obtain a second opinion from a provider which the city selects. If necessary, to resolve a conflict between the original certification and the second opinion, the city may require the opinion of a third doctor. This third opinion will be considered final. An employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. When leave is due to an employee's own serious health condition, a Ffitness F€or D-duty Ceertification (FFD) may be required before an employee can return to work. Failure to timely provide such certification in a timely manner may eliminate or delay an employee's right to reinstatement under the FMLA. If an employee is using intermittent leave, and reasonable safety concerns exist regarding the employee's ability to perform his or her duties, a FFD certificate may be required as frequently as every 30 days during periods when the employee has used intermittent Page 33187 Page 104 of 447 leave. Recertification Recertification may be required if the employee requests an extension of the original approved leave or if the circumstances regarding the leave have changed. Recertification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition. Annual Medical Certification and Recertification Where the employee's need for leave due to the employee's own serious health condition lasts beyond a single leave year, the city will require employees to provide a new medical certification in each subsequent leave year. Such new medical certifications are subject to the provisions for authentication and clarification and second and third opinion. Reinstatement Employees returning from FMLA will be reinstated in the same position or a position equivalent in pay, benefits, and other terms and conditions of employment. An employee's reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if an employee's position would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave. Notice of Intent to Return from FM LA Leave The city requires an employee on FMLA leave to report periodically on the employee's status and intent to return to work. Effect on Benefits An employee granted leave under this policy will continue to be covered under the city's group health and dental insurance plan under the same conditions and at the same level of city contribution as would have been provided had they been continuously employed during the leave period. Minnesota Parenting Leave and a" forms of paid time off (sick leave, disability leave-, . If there are changes in the city's contribution levels while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of group insurance coverage while on leave. Arrangements for payment of the employee's portion of premiums must be made by the employee with the city. Group health benefits may be cancelled if an employee's premium payment is 30 days late. Failure to Return to Work after FMLA Page 34187 Page 105 of 447 Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for at least 30 calendar days, the city may require the employee to repay the portion of the monthly cost paid by the city for group health plan benefits. The city may also require the employee to repay any amounts the city paid on the employee's behalf to maintain benefits other than group health plan benefits. If an employee does not return to work following 12 weeks of FMLA leave, the employee may be subject to COBRA continuation. If the employee fails to pay the city a portion of the premiums for which s/he is responsible during the FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure to pay premiums is not a qualifying event for purposes of continuation coverage under COBRA. If the employee does not return from the FMLA leave and coverage ended sometime during the FMLA leave due to lack of payment, there is no COBRA election available. For COBRA to apply, the employee must have been covered on the day before the qualifying event. In this situation, the qualifying event would occur at the time the employee did not return from the leave. Activities Prohibited During FMLA While on leave, employees may not engage in activities (including employment) with the same or similar requirements and essential functions of an employee's current position. Employees shall not engage in activities that conflict with the best interests of the city. Such conduct will result in disciplinary action up to and including termination. Use of Accrued Paid Leave or Compensatory Time during FMLA FMLA will run concurrently with any leave and/or wage su.pplement for which you may be eligible for under local, state, or federal law which may include: Worker's Compensation Minnesota Paid Leave (MNPL) and/or Minnesota Women's Economic Security Act (WESA) pregnancy and parenting leave. FMLA will also run Paid leave Fans concurrently with F"�eave.any leave within this Personnel Policy Manual. The use of sick leave shall be for reasons allowed according to the Sick Leave Policy. Prior to taking unpaid FMLA leave, employees must use all but 40 hours of accrued sick/ESST leave (unless use is not applicable to policy), all but 40 hours of accrued vacation leave, and all compensatory time unless their medical condition/injury is covered by Worker's Compensation or MN Paid Leave. Additional Leave Employees who cannot return from an approved FMLA leave at the end of the approved leave period may request an extension up to the maximum of twelve (12) weeks allowed Page 35187 Page 106 of 447 under FMLA. If the twelve (12) FMLA weeks have already been used, the employee can request General Leave. If approved, before General Leave begins the employee must use any accrued sick/ESST leave, compensatory time, or vacation leave that remains. If the leave is approved the employee will be required to pay the full cost of all group insurance, as provided under COBRA, oTdtrto continue coverage. If the General Leave is not approved or the employee fails to request additional leave, the employee will be considered to have voluntarily resigned. If circumstances beyond the employee's control prevented the employee from requesting additional leave, a retroactive leave request may be allowed, subject to the city administrator's approval. FMLA — Qualified Exigency and Military Caregiver Leave Qualified Exigency Eligible employees (described above) whose spouse, son, daughter, or parent either has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to twelve (12) weeks of leave for reasons related to or affected by the family member's call-up or service. The qualifying exigency must be one of the following: 1. Short -notice deployment 2. Military events and activities 3. Childcare and school activities 4. Financial and legal arrangements 5. Counseling 6. Rest and recuperation 7. Post -deployment activities 8. Parental care 9. Additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. Military Caregiver Leave An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, e-F-parent, or next of kin of a covered servicemember may take up to 26 weeks in a single 12-month period to care for that servicemember. The family member must be a current member of the Armed Forces (including a member of the National Guard or Reserves), who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is on outpatient status or on the temporary disability retired list. Eligible employees may not take leave under this provision to care for former members of the Armed Forces, former members of the National Guard and Reserves, and members on the permanent disability retired list. Page 36187 Page 107 of 447 Definitions Son/Daughter of a covered servicemember -- The biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember stood in loco parentis, and who is of any age. Parent of a covered servicemember -- The biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentisto the covered servicemember. This term does not include parents "in law." Next of kin of a covered servicemember -- Is the nearest blood relative, other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember's next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember's only next of kin. An employer is permitted to require an employee to provide confirmation of covered family relationship to the covered servicemember pursuant to § 825.122(j). Covered active duty, Regular Component of the Armed Forces -- Duty during deployment of the member with the Armed Forces to a foreign country. Covered active duty, Reserve Components of the Armed Forces -- Duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined in section 101 (a)(1 3)(B) of Ttitle 10, United States Code. Covered servicemember -- A member of the Armed Forces (including National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. Serious injury or illness -- A member of the Armed Forces (including National Guard or Page 37187 Page 108 of 447 Reserves), with an injury or illness incurred in the line of duty on active duty (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and A veteran who was a member of the Armed Forces (including National Guard or Reserves) at any time during a period when the person was a covered servicemember, means a qualifying (as defined by the Secretary of Labor) injury or illness incurred by a covered servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating. Outpatient status, with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to either a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. Amount of Leave - Qualified Exigency An eligible employee can take up to 12 weeks of leave for a qualified exigency. Amount of Leave - Military Caregiver An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave during a single, 12-month period. The single, 12-month period begins the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date. Leave taken for any FMLA reason counts towards the 26-week entitlement. If an employee does not take all of 26 workweeks of leave entitlement to care for a covered servicemember during the single, 12-month period, the remainder of the 26 workweeks of leave entitlement to care for the covered servicemember is forfeited. Certification of Qualifying Exigency for Military Family Leave The city will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave. Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave The city will require certification for the serious injury or illness of the covered servicemember. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered Servicemember. Page 38187 Page 109 of 447 All other provisions of the FMLA policy, including Use of Paid Leave, Employee status and benefits during leave, the Procedure for Requesting Leave, Benefits during Leave, and Reinstatement, are outlined above in the FMLA policy. Page 39187 Page 110 of 447 MN Pregnancy and Parenting Leave All employees are entitled to take an unpaid leave of absence under the Pregnancy Parenting Leave AEt ef Minnesota Women's Economic Security Act (WESA). Female employees for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions as well as a biological or adoptive parent in conjunction with after the birth or adoption of a child are eligible for up to twelve (12) weeks of unpaid leave. Any paid or unpaid leave taken for prenatal care medical appointments will not count toward the 12-week leave. Leaved must begin within twelve (12) months of the birth or adoption of the child. In the case where the child must remain in the hospital longer than the mother, the leave must begin within twelve (12) months after the child leaves the hospital. Employees should provide as much notice as possible. If the leave must be taken in less than three days, the employee should give as much notice as practicable. Employees may use accrued leave (sick/ESST leave, vacation leave, compensatory time) during Pregnancy and Parenting Leave. If the employee has remaining FMLA eligibility at the time this leave commences, this leave will also count as FMLA leave. The two leaves will run concurrently. If the employee is taking MN Paid Leave, MN Pregnancy and Parenting Leave will run concurrently as well. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain available while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the employee will be responsible for the entire premium unless otherwise provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an FMLA absence as well, the employer contributions toward insurance benefits will continue during the FMLA leave absence. Adoptive Parents Adoptive parents have the same leave opportunity as biological parents (see MN Pregnancy and Parenting Leave). The leave must be for the purpose of arranging the child's placement or caring for the child after placement. Leave must begin before or at the time of the child's placement in the adoptive home. Reasonable Work Time for Nursing Mothers Nursing mothers and lactating employees are provided reasonable break time to express milk for her infant child. The paid break times can run concurrently with any break time Page 111 of 447 already provided. The city will provide a private and secure room (other than a restroom) as close as possible to the employee's work area, that is shielded from view and free from intrusion from coworkers and the public and that includes with access to an electrical outlet. Reasonable Accommodations for Health Conditions Relating to Pregnancy The city will attempt to provide female employees who request reasonable accommodation with the following for her health conditions related to her pregnancy or childbirth without advice of a licensed health care provider or certified doula. ■ More frequent or longer restroom, food, and water breaks Seating Limits on lifting over 20 pounds The city will provide reasonable accommodations, including, but not limited to, temporary leaves of absence, modification in work schedule orJob assignments, seating, more frequent or longer break periods and limits to heavy lifting to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates the accommodation would impose an undue hardship on the operation of the employer's business. In accordance with state law, no employee is required to take a leave of absence for a pregnancy nor accept a pregnancy accommodation. School Conference Leave Policy Employees may take up to sixteen (16 hours) unpaid leave during any 12-month period to attend school conferences or classroom activities related to the employee's child (through secondary school), provided the conferences or classroom activities cannot be scheduled during non -work hours. If an employee's child receives childcare services or attends a pre- kindergarten regular or special education program, the employee may use the leave time to attend a conference, or activity related to the employee's child, or to observe and monitor the services and program, provided the conference, activity, or observation cannot be scheduled during non -work hours. When the need for leave under this section is foreseeable, the employee must provide reasonable prior notice of the leave to his or her immediate supervisor and make a reasonable effort to schedule the leave so as not to unduly disrupt city business. Employees may choose to use vacation leave for this absence but are not required to do so. Page 112 of 447 Bone Marrow/Organ Donation Leave Employees who work an average of twenty (20) or more hours per week who seek to undergo a medical procedure to donate bone marrow or an organ or partial organ may take up to forty (40) hours of paid leave. The forty (40) hours is over and above the amount of accrued time the employee has earned. The city may require verification by a physician of the purpose and length of each leave requested by the employee. If a medical determination indicates the employee does not qualify as a donor, the paid leave is not forfeited. Military Leave State and federal laws provide protections and benefits to city employees who are called to military service, whether for training or on active duty. Such employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged in training or active service not exceeding a total of 15 days in any calendar year. City compensation is in addition to the military pay for these 15 days, as per MN Attorney General's Opinion. The leave of absence is only in the event the employee returns to employment with the city as required upon being relieved from service or is prevented from returning by physical or mental disability or other cause not the fault of the employee or is required by the proper authority to continue in military or naval service beyond the fifteen (15) day paid leave of absence. Employees on extended unpaid military leave will receive fifteen days paid leave of absence in each calendar year, not to exceed five years. Where possible, notice is to be provided to the city at least ten working days in advance of the requested leave. A training notice, signed orders, or battle assembly schedule are examples of typical written notification to share with the city If an employee has not yet used his/her fifteen days of paid leave when called to active duty, any unused paid time will be allowed for the active -duty time, prior to the unpaid leave of absence. With few exceptions, Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the purpose of vacation leave and sick leave accruals. Eligibility for continuation of insurance coverage for employees on military leave beyond Page 42187 Page 113 of 447 fifteen days will follow the same procedures as for any employee on an unpaid leave of absence. Employees will be granted up to ten working days of unpaid leave whose immediate family member (defined as a person's parent, child, grandparents, siblings or spouse) is a member of the United States armed forces who has been injured or killed while engaged in active service. The 10 days may be reduced if an employee elects to use appropriate accrued paid leave. Unless the leave would unduly disrupt the operations of the city, employees whose immediate family member, as a member of the United States armed forces has been ordered into active service in support of a war or other national emergency, will be granted an unpaid leave of absence, not to exceed one day's duration in any calendar year, to attend a send-off or homecoming ceremony for the mobilized service member. The city will grant employees an unpaid leave of absence for time spent serving as a member of the Civil Air Patrol upon request and authority of the state or any of its political subdivisions, unless the absence would unduly disrupt the operations of the city. Employees may choose to use vacation leave in place of unpaid leave. Civil Air Patrol The city will grant employees an unpaid leave of absence for time spent serving as a member of the Civil Air Patrol upon request and authority of the State or any of its political subdivisions, unless the absence would unduly disrupt the operations of the city. Employees may choose to use vacation leave while on Civil Air Patrol Leave but are not required to do so. Jury Duty Leave and Court Appearances Employees are allowed a leave of absence pursuant to state statutes without restriction or sanction when called for jury duty. ■ An employee performing jury duty or testifying in court for city -related business will receive the difference between his/her regular rate of pay and the amount received as juror or witness up to the maximum allowed by state or federal law. Upon receipt of payment from the court, documentation of payment shall be provided to Human Resources. ■ The employee must notify his/her supervisor and initiate a leave of absence within forty-eight (48) hours of receiving call for jury duty. ■ An employee excused or released from jury duty during regular work hours must report to his/her supervisor immediately thereafter. ■ Time spent on jury duty will not count as time worked in computing overtime. ■ In order to receive regular wages for the period, employees shall report compensation received forjury duty to Human Resources. t- Page 43187 Page 114 of 447 ■ Temporary and seasonal employees are generally not eligible for compensation for absences due to fury duty but can take a leave without pay suboect to department head approval. Victim or Witness Leave Employees subpoenaed or requested by a prosecutor to testify in court related to sexual assault, domestic abuse, or stalking, who is the victim or is the spouse or immediate family member of such victim, shall be allowed the use of earned sick and safe time for reasonable time off from work to attend criminal proceedings related to the victim's case. Seethe Earned Sick and Safe Time po/icyfor additional information. Bereavement Leave Regular full-time and regular part-time employees working a minimum of 1,040 hours per year are permitted a paid leave from scheduled work to make funeral arrangements, for funeral attendance, to care for survivors, gather with relatives, and/or to otherwise grieve a familial death. Bereavement leave is prorated for eligible regular, part-time employees according to the number of hours worked. Leave is limited to the following: ■ Up to five (5) days: Husband, wife, mother, father, son, daughter, brother, sister, stepmother, stepfather, stepson, stepdaughter, stepbrother, and stepsister. ■ Up to three (3) days: Son-in-law, daughter-in-law, mother-in-law, father-in-law, grandparent, or grandchild. ■ One (1) day: Aunt, uncle, cousin, niece, nephew, sister-in-law, brother-in-law, Godchild, grandparent -in-law. ■ With city administrator approval, leave may be granted in certain unique family arrangements. Leave days shall be concurrent unless approved by the city administrator and supervisor. Additional time off for bereavement may be granted and charged to vacation leave or compensatory time, if available. Employees covered by a collective bargaining agreement shall receive bereavement benefits as stated in the collective bargaining agreement. General Leave The city recognizes that unique personal circumstances may cause an employee to seek time off without pay. The city may, at its sole discretion, grant unpaid personal leaves of absence (General Leave). Approval is required from the immediate supervisor, department director, and the city administrator. General Leave shall not exceed ninety (90) days, unless approved by the city administrator. Vacation and ESST leave do not accrue during a -General Leave and the employee is not eligible for holiday pay or other types of leave. The city will not contribute to the cost of insurance premiums for an employee on General Leave. Page 44187 Page 115 of 447 Employees are expected to return from General Leave when the reason for the leave expires. Employees who take a General Leave have no right to reinstatement. Voting, Election Judge, and Delegates to Party Conventions Leave An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off with pay for purposes of serving as an election judge, provided the employee gives the city at least twenty (20 days written notice, including a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. The city may reduce the wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from the place of employment. Thus, employees will be paid the difference between their pay as an election judge and their regular rate of pay for their normal workday. The city reserves the right to restrict the number of employees absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite. All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay to vote on the election day. Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues. , Employees may be absent from work for the time necessary to vote to include voting during the period allowed for voting in person before election day. An employee may be absent from work to attend any meeting of the state central committee or executive committee of a major political party if the employee is a member of the committee. The employee may attend any convention of a major political party delegate, including meetings of official convention committees if the employee is a delegate or an alternate delegate to that convention. Per the statutory requirement, the employee must give at least ten days' written notice of their planned absence to attend committee meetings or conventions. Time away from work for this purpose will be considered unpaid unless the employee chooses to use vacation leave or compensatory time/ RTC leave during their absence. Administrative Leave Under special circumstances, an employee may be placed on an administrative leave pending the outcome of an internal or external investigation. The leave may be paid or unpaid, depending on the circumstances, as determined by the city administrator. Athletic Leave of Absence Page 45187 Page 116 of 447 An employee who qualifies as a member of the United States national team for athletic competition on the world championship, Pan American, or Olympic team in a sport sanctioned by the International Olympic Committee, shall be granted a leave of absence without loss of pay or other benefits for the purpose of preparing for and engaging in the competition. In no event shall the paid leave exceed the period of official training camp and competition combined, or 90 calendar days a year, whichever is less. The employee shall provide documentation establishing their participation on said team and in said event. Page 46187 Page 117 of 447 General Benefits Following is an overview of benefits available to eligible employees. The descriptions provided are not intended to be comprehensive and all questions regarding eligibility and benefit levels should be directed to Human Resources. The plan documents govern any inconsistencies between plan documents and the information provided in this section. Benefits and eligibility requirements are subject to change, and such changes may not be reflected in this description. The city reserves the right, in its sole discretion, to change, modify or eliminate benefits at any time, except to the extent prohibited by law. Insurance Various insurance policies, including group medical insurance, may be available for eligible city employees and their dependents. Information about the benefits an employee is eligible for pis provided to them during their orientation. Questions about benefits should be directed to Human Resources. The eligibility requirements and benefits provided are specified in materials provided by the respective insurance carriers. Carriers may have different requirements concerning eligibility and they will govern eligibility. Under some circumstances, eligible employees and their dependents may have the option of continuing coverage under certain city employee insurance plans for a limited time at the employee's own expense when coverage would otherwise end. This continuation right is provided in accordance with the Consolidated Omnibus Budget Reconstruction Act of 1985 (COBRA) and applicable state law. Retirement/PERA The city participates in the Public Employees Retirement Association (PERA) to provide pension benefits for its eligible employees to help plan for a successfu/and secure retirement. Participation in PERA is mandatory for most employees, and contributions into PERA begin immediately. The city and the employee contribute to PERA each pay period as determined by state law. Most employees are also required to contribute a portion of each paycheck for Social Security and Medicare (the city matches the employee's Social Security and Medicare withholding for many employees). For information about PERA eligibility and contribution requirements, contact Human Resources. Post Employment Health Care Savings Plan Upon retirement, Department Directors and City Administrator shall contribute 100% of their Severance Pay, as paid according to policy, to their Post Employment Health Care Savings Plan (HCSP) unless the Employee has opted out of the program which is approved due to a qualified exemption rule: this provision is irrevocable as set forth by law. Should an Employee choose this opt -out provision, it will be paid to the Employee as severance. Page 47187 Page 118 of 447 Upon the death of an Employee, contributions can no longer be made to the HCSP. Any payments owed but not yet paid into the HCSP will be paid out as regular income in accordance with state and federal law. Employee Development / Tuition Reimbursement The city encourages and recommends lifelong learning and offers reimbursement to regular, full-time employees for up to 75% of the tuition paid by the employee, excluding scholarships and grants up to a maximum reimbursement of $3,000 per year (based on the budget year the expense is applied) for accredited college or other instruction directly related to the employee's position with the city. To be eligible for reimbursement the following requirements must be met: 1. Prior to registration, a completed Tuition Reimbursement Request Form must be signed and on file with Human Resources; and 2. The instruction must be to obtain a degree, certification, or license and apply directly to the employee's position or be required to complete an associate, bachelor's, master's, or doctorate degree in the field in which the employee works; and 3. The employee must successfully complete the instruction. If letter grades are assigned, the minimum grade required for reimbursement is a C; and 4. The reimbursement must be submitted within 60 days of instruction completion. Books, activity fees, technology fees, and other non -tuition charges do not qualify for reimbursement. All instruction must be taken on employee time and time spent on instruction is not considered hours worked. If any portion of the employee's class/development activity is conducted during regular work hours, the employee must take vacation or compensatory leave, an unpaid leave of absence, if approved, or arrange for flexible scheduling, if approved by the department director. Courses taken to maintain licensure, affiliation, certification, or credentialing as well as work -related seminars and training are paid for with City Council approved budgeted training funds. Employee Wellness In an effort to promote wellness, the city maintains and encourages the use of a fitness room with exercise equipment. The policy attached as Exhibit A must be read, signed, and returned to Human Resources before using the fitness room. Throughout the year, events are provided by the city's Whole Health Rewards Program Committee to promote overall health and wellness. Participation is encouraged. Page 48187 Page 119 of 447 General Policies Smoking, Vaping, and Tobacco Policy The city complies with the Minnesota Clean Indoor Air Act. All city buildings and vehicles, in their entirety, shall be designated as smoke free, meaning that smoking in any form (through the use of products such as pipes, cigars, and cigarettes), or "vaping with e- cigarettes is prohibited while in a city facility or vehicle. Smoking and vaping of any kind is prohibited while on duty except for employees 21 and over only during their breaks and lunch, and only in areas designated for that purpose. Employees who use chew/spit tobacco shall not do so in the presence of the public and with respect to fellow employees and shall not cause damage to or soil city vehicles, equipment, or facilities. Employees violating this policy may be subject to disciplinary action up to and including termination. Appearance and Dress Employee appearance is a direct reflection on the professionalism of city services. Departments may establish dress codes for employees as part of departmental rules. Personal appearance should be appropriate to the nature of the work and contacts with other people and should present a positive image to the public. Clothing, jewelry, or other items that could present a safety hazard are not acceptable in the workplace. To respect the rights of employees with fragrance sensitivities, fragrances should be minimal or not worn. Clothing must always be clean, neat, and in good repair. Good hygiene is always expected. The City Dress and Appearance Policy is available on Access RkRiver. Violation of this Policy may result in discipline up to and including termination. Electronic Communication Devices The city provides telephonic equipment (land line and cellular), computer equipment and software, and services used to communicate and supply email, voicemail, and internet data access. The equipment and services are the property of the city and are intended to be used for official city business. Employees who intentionally misuse Electronic Communication Devices may be subject to discipline up to and including termination. Please reference specific city policies regarding issue eligibility and use of electronic communication devices such as 800 MHz radios, cell phones, smartphones, and i Pads/tablets. Telephone Use It is critical that employees be courteous, tactful, professional, and efficient on the telephone. Employees are expected to answer and return calls promptly. Page 120 of 447 Personal calls must not interfere with city work, should be brief and made only when necessary. Preferably, personal calls should be made during scheduled rest break or lunch periods. The Mobile Phone Policy can be found on Access Elk River. iPad/Tablet Device Use Policy The City Council has authorized the purchase and assignment of iPads and tablet devices to enhance workflow, reduce paperwork, increase efficiency, and enhance internal and external communication. The full city policy which includes purpose, use, care, and user responsibilities can be found on Access E/kRiver. Email and Voicemail Use Emails and voicemails are subject to the Minnesota Records Management and the Government Data Practices Acts and could be classified as public information. While occasional use of these services for personal, non -business use is acceptable, employees must demonstrate a sense of responsibility and may not abuse email or voicemail privileges. Communication sent via email or voicemail must be respectful in tone and professional. The transmission, retrieval, or storage of discriminatory, harassing, derogatory, obscene, defamatory, or threatening messages are forbidden. Email shall not be used for chain letters or for any purpose which is illegal, against city policy, or contrary to the city's interests. There is no expectation of privacy regarding city email or voicemail. The city has the capability to retrieve mail messages even after deletion. Furthermore, the use of passwords on the email and voicemail system does not mean that messages stored on those systems are confidential or may not be retrieved or reviewed by others. The city reserves the right to review employee email files, messages, and usage at any time and without notice and/or permission. Employees must respect other's electronic communications and may not obtain unauthorized access to another's email or voicemail messages, except pursuant to direction from the city administrator for the purposes specified above. Internet Access and Use Acceptable uses of internet access services include information for business -related purposes, professional education, and professional development. Employees must respect all copyrights and intellectual property rights of materials, and Page 50187 Page 121 of 447 may not copy, retrieve, modify, or forward copyrighted, patented, or trademarked materials except as permitted by the owner or as a single copy for reference use only. Internet access and use is not confidential. The city has the right to monitor individual internet usage and to review individual internet usage logs. Bandwidth Conservation The city provides for access to the internet for several key government functions, such as police access to records and public access to public records. To ensure sufficient bandwidth to access applications, the city implements bandwidth conservation measures, which include blocking websites with no instructional or administrative value. Use of internet radio stations for casual listening and/or background music is strictly prohibited. Employees shall not download music files. Password Policy Passwords protect access to vital city technology resources utilized for daily business. The City Password Policy can be found on Access E/kRiver. The policy outlines the purpose, rules for password use and the composition. Travel Expenses An employee will be reimbursed for actual and necessary expenses incurred when traveling on official city business only upon approval of such expenses by the City Council in accordance with the city Travel Policy. To receive reimbursement, promptly complete the appropriate claim form and submit it to the appropriate department director for consideration and approval. The Travel Policy can be found in the city's Financial Management Policy on Access Elk River. Keys and Security Employees are responsible for securing their work area at the end of each day. Properly secure all confidential files and sensitive information. All keys or electronic access devices in your possession that are for city facilities and/or equipment must be returned to your supervisor upon separation from employment. Personal Use and Disposal of City Property City property and equipment shall only be used in the performance of official city business. City -owned equipment and facilities are not available for personal use by employees. Personal use of city vehicles, machinery, tools, and other equipment is strictly prohibited. As city property becomes obsolete, damaged, or is no longer needed, it shall be disposed of through salvage, trade, public auction, bid, or other means. Page 51 187 Page 122 of 447 Disposal by sale or auction requires a public notice be advertised in the official newspaper and a posting at City Hall and other locations as deemed appropriate. The appropriate department director will determine the minimum price for each item to be sold. City property shall not be given away to anyone, including employees. An employee may purchase no more than one motor vehicle from the city or another political subdivision in any 12-month period. Employees involved in the auction or process pertaining to the administration and collection of sealed bids are prohibited from purchasing city property. Unauthorized removal of city property or its conversion to personal use may result in discipline up to and including termination. Use of City Vehicles City -owned vehicles may be used only by employees for official city business. Employees who drive or may be required to drive city vehicles and equipment must maintain a safe driving record and observe all traffic laws. Seat belts must be properly used at all times. The use of electronic communications devices (cell phones, smart watches) is prohibited unless you are having an emergency or in an emergency vehicle performing official duties. Drivers must carry a current, valid driver's license that is adequate for the type of vehicle driven. Operating a city vehicle without a valid driver's license will result in disciplinary action up to and including termination. All employees must abide by the city's Fleet Safety Program including drug and alcohol testing for all employees who are involved in an accident while driving a city vehicle. Passengers may be carried only when necessary to conduct city business and/or when their transportation via city vehicle is in the best interests of the city. City vehicles may not be used to travel from work to an employee's residence for rest or lunch breaks without prior supervisor approval. Employees conducting official business out of town (conventions, meetings, etc.) may carry family members as passengers if such accompaniment does not interfere with the best interests of the city and upon approval by the department director. Resident Complaints Resident complaints provide an opportunity for feedback and identifying problem areas. How well complaints are handled determines the level of confidence and respect the public holds for their municipal government. When handling a complaint, be polite and never argue with the complainant even if s/he is angry, unreasonable, or insulting toward you and the city. Stay calm, cool, and collected. When a complaint is received, complete the following steps: Page 52187 Page 123 of 447 Receive and record information pertinent to the complaint. Determine which employee is responsible to investigate and take corrective action and forward the complaint accordingly. Follow-up to ensure action has been taken to correct the problem. Emergency Closing City facilities and functions will generally be open during adverse weather. Due to individual circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early). Employees not reporting to work for reasons of personal safety will be allowed to use accrued vacation time or compensatory time, or with supervisor approval, may modify the work schedule, or make other reasonable schedule adjustments. Sworn police officers, wastewater treatment operators, and public works maintenance employees will generally be required to report to work regardless of conditions. Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by the respective department director after consultation with the city administrator. Employee Participation in the City Fire Department Employees are allowed and encouraged to participate as a part-time paid on call firefighter in the Elk River Fire Department. The following pay provisions, in accordance with state and federal laws, apply to employees who also work outside of their regular department as part-time paid firefighters: Fire Calls During Working Hours An employee will be allowed to respond to fire calls as approved and determined by his/her department director, based on the work assignments and responsibilities of the employee. Employees responding to fire calls during regular work hours will be compensated at the same rate as his/her regular city position with no additional firefighter paid compensation. An employee who completes (flexes) regular work hours interrupted for a fire call during the same day will also receive firefighter pay for the fire call. Employees responding while on vacation or compensatory time off will also receive firefighter pay for the fire call. Fire Calls During Non -Work Hours Employees will receive their normal firefighter pay for fire calls and training that do not occur during the regular work hours of their regular position. Application of Fair Labor Standards Act (FLSA) Page 53187 Page 124 of 447 Employees will be paid overtime in accordance with the FLSA. Actual time worked will be used for determining overtime payment, with no consideration to the one -hour minimum call out pay provision for firefighter pay nor to paid leave time in the employee's full time position. For example, a false alarm that requires 15 minutes of work will be counted as 15 minutes for FLSA purposes even though the minimum call out of one hour of pay would apply for firefighter pay purposes. By advance mutual agreement, overtime earned for performance of fire department activities shall be paid at one and one-half times the employee's firefighter pay rate. Employee Participation in Fire Departments Outside of Elk River Employees who serve as firefighters outside of the City of Elk River must notify their immediate City of Elk River supervisor as soon as possible when they are tardy/delayed for their normal scheduled work shift due to an emergency call. If advance notice is not possible (e.g., emergency calls received while en route to work), the employee should contact their supervisor as soon as reasonably possible. The employee must provide written documentation (run report, log, etc.) from their department confirming participation in the emergency call or scene (fire, rescue, or medical) as soon as it is available or before the submittal of their timecard whichever comes first. At the discretion of the supervisor, the employee may be provided the opportunity to make up the time missed within the same workday. If this cannot be accommodated, the employee must use accrued vacation or compensatory time for the missed hours. Supervisors are responsible for ensuring that all time adoustments are accurately recorded. Employees will not receive additional pay from the City of Elk River for time spent responding to said emergencies. All non-exempt. non -Elk River volunteer firefighters must turn their pagers off during their regular scheduled shift while working for the City of Elk River so as not to cause a distraction for themselves and others in the workplace. This guideline _may _be modified by the City of Elk River at_anvnoint in time. Employee Participation in the Police Reserves City employees who are also member of the Elk River Police Reserves and are paid for their work as a Reserve Officer shall be paid overtime at the Reserve rate when Reserve work contributes to the FLSA requirement for overtime compensation. Regular position hours worked as overtime shall be paid at the regular overtime rate. Political Activity Employees may belong to a political party and are entitled to complete freedom from all Page 54187 Page 125 of 447 interference in casting votes. Employees may seek election or appointment to public office, except to the extent prohibited by the provisions of state or federal law. Political activity must not interfere with an employee's job duties or performance. Political activity during work hours is prohibited. Candidacy Employees who become candidates for elective office may request a leave of absence for the purpose of pursuing their candidacy, which may be granted at the city's sole discretion. To the extent that any employee, including one campaigning for office, is unable to perform his or her duties, s/he may be subject to disciplinary action, up to and including termination. Page 55187 Page 126 of 447 Labor Relations Communication The city encourages open communication throughout the organization to share information and ideas, to raise concerns, and to provide suggestions for improvement. To foster communication and improve responsiveness, the city employs an administration/management structure (chain of command) with a defined span of control intended to enhance communication and accessibility to supervisors, managers, and department directors. Employees shall first direct all communication to their immediate supervisor. Supervisors shall respond to all inquiries, concerns, or suggestions in a timely manner. Violations of policies, including this policy shall be filed in accordance with the City Grievance Procedure. In the event the employee's inquiries, concerns, or suggestions are not addressed in a timely manner, or s/he anticipates negative repercussions from communication with the immediate supervisor, the employee may direct the communication to the immediate supervisor's supervisor. Concerns and suggestions shall be advanced to each step including department director, human resources, and city administrator if closure does not occur at the earliest possible level of communication. Bypassing a step in the administration/management structure does not constitute insubordination. Insubordination in the workplace refers to an employee's intentional refusal to obey an employer's lawful and reasonable orders. Such a refusal would undermine a supervisor's level of respect and ability to manage and, therefore, is often a reason for disciplinary action, up to and including termination. Elected and appointed officials, including mayor, council members, and commissioners frequently solicit employee feedback to better understand operations, improve policy, and t,e,-ensure quality service. Suggestions, grievances, and concerns shall only be addressed with policymakers following the exhaustion of resolution through the administration/management structure. Notwithstanding the previous paragraph, a disagreement between employee and supervisor shall not be a reason to bypass the administration/management structure and bring issues to elected or appointed officials. Directors, managers, and supervisors shall respect the administration/management structure of other departments and divisions by coordinating work direction through the respective department director. Retribution or retaliation by supervisory staff for the expression of ideas is not tolerated. A supervisor's decision to not act on or accept an employee's suggestion or Page 56187 Page 127 of 447 recommendation shall not be construed as retribution, retaliation, or inaction. Discipline The city retains the right to take any disciplinary action deemed appropriate based upon the nature and severity of the infraction(s) and the conditions surrounding the incident. The city retains the sole discretion to determine what behavior warrants disciplinary action and which action will be imposed. The city may use progressive discipline to correct negative behavior rather than punish the employee. There may be circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. Nothing in these personnel policies Vmplie-simply that any city employee has a contractual right or guarantee (also known as a property right) to the job he/she performs. Documentation of disciplinary action taken will be placed in the employee's personnel file with a copy provided to the employee. The following are descriptions of the types of disciplinary actions: Oral Reprimand This measure will be used where informal discussions with the employee's supervisor have not resolved the matter. All supervisors can issue oral reprimands without prior approval. Oral reprimands are normally given for first infractions on minor offenses to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be. The supervisor will document the oral reprimand including date(s) and a summary of discussion and corrective action needed. Written Reprimand A written reprimand is more serious and may follow an oral reprimand when the problem is not corrected, or the behavior has not consistently improved in a reasonable period. Serious infractions may require skipping either the oral or written reprimand, or both. Written reprimands are issued by the supervisor with prior approval from the city administrator. A written reprimand will: (1) state what happened; (2) state what should have happened; (3) identify the policy, directive or performance expectation that was not followed; (4) provide history, if any, on the issue; (5) state goals, including timetables, and expectations for the future; and (6) indicate consequences of recurrence. Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees' signatures do not mean the employee agrees with the reprimand. Written reprimands will be placed in the employee's personnel file. Page 57187 Page 128 of 447 Suspension With or Without Pay The city administrator may suspend an employee without pay for disciplinary reasons. Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council, except in the case of veterans. Qualified veterans, who have completed their initial probationary period, will not be suspended without pay in conjunction with a termination. The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. A copy of the letter of suspension will be placed in the employee's personnel file. An employee may be suspended or placed on Administrative Leave pending an investigation of an allegation involving that employee. The leave may be with or without pay depending on- the nature of the allegations. If the allegation is proven false, the relevant documents shall be removed from the employee's personnel f+lefile,_ and the employee will receive any compensation and benefits due had the suspension not taken place. Demotion and/or Transfer An employee may be demoted or transferred if attempts at resolving an issue have failed and the city administrator determines a demotion or transfer to be the best solution to the problem. The employee must be qualified for the position to which they are being demoted or transferred. The City Council must approve this action. Salary An employee's salary increase may be withheld, or the salary may be decreased due to performance deficiencies. Dismissal The city administrator, with the approval of the City Council, may dismiss an employee for substandard work performance, serious misconduct, or behavior not in keeping with city standards. If the disciplinary action involves the removal of a qualified veteran, who has completed his/her initial probationary period, the appropriate hearing notice will be provided, and all rights will be afforded to the veteran in accordance with Minnesota law. While the city strives for consistency, the level of discipline taken in any given case does not establish a precedent for future similar circumstances. This policy does not change the fact that city employment is at -will, meaning an employee and the city have the right to terminate employment at any time and for any reason, with or without cause or notice. Page 58187 Page 129 of 447 Grievance Procedure Any dispute between an employee and the city relative to the application, meaning, or interpretation of personnel policies will be settled in the following manner: Step 1 - The employee must present a grievance in writing, stating the nature, the facts in which it is based, the provision(s) of the personnel policy allegedly violated, and the remedy requested, to the immediate supervisor and department director within twelve (12) days after the alleged violation or dispute has occurred. The immediate supervisor will respond to the employee in writing within seven (7) calendar days. Step 2 - If the grievance is not settled in accordance with Step 1, it must be presented in writing, stating the nature of the grievance, the facts in which it is based, the provision(s) of the personnel policy allegedly violated and the remedy requested, to the department direEtercity administrator within seven (7) days after the due date of the supervisor's response. The depaFtment diFeEtOFCity administrator and grievant shall schedule an in - person meeting to include necessary participants within seven (7) days as practicable. The city administrator will respond to the employee in writing within seven (7) calendar days of the in -person meeting. Siep3 if the gFievanEe is net settled on aEEE)FdanEe with Step 2, it must be ffesented on WFitiRg, Stating the natUFe of the gFievanEe, the faE:ts on which it is based, the PFE)VOSOE)n(S) 0 admoniStFatff OF his/heF designee Will Fespend to the engployee on WFiting within seven (7) The decision of the city administrator is final for all disputes with exception of those specific components in a performance evaluation subject to a challenge through the Department of Administration. Waiver - If a grievance is not presented within the time limits set forth above, it will be considered "waived." A grievance not appealed to the next step in the specified time limit or any agreed extension thereof will be considered settled based on the city's last answer. If the city does not answer a grievance or an appeal within the specified time limits, the employee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the city and employee without prejudice to either party. The following actions are not grievable: While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable, other performance evaluation data, including subjective assessments, are not. Pay increases or lack thereof. The above list is not meant to be all inclusive or exhaustive. Page 59187 Page 130 of 447 Choice of Remedv It is specifically understood that any matters governed by statutory or regulatory provisions, except as expressly provided for in the policy, shall not be considered grievances under this policy. If more than one procedure is available for resolution of a dispute arising from any provisions covered by the agreement, the aggrieved employee shall be limited to one procedure through which remedy may be sought. If the aggrieved employee utilizes a procedure other than the grievance procedure herein, then the employee is precluded from appealing under this procedure. If the employee utilizes this procedure, then the employee is precluded from appealing under another procedure. Employees may use both this grievance procedure and a statutory procedure to the extent that it is required by state or federal law. Safety The city seeks to ensure the personal safety of employees and to prevent occupationally induced injuries and illnesses. To the greatest degree possible, management seeks to maintain a safe and hazard -free work environment. It is the policy of the City Council to provide employees with safe working conditions through the following means: A Safety Committee consisting of employees and management representing each department and employee group is charged with creating and maintaining a safety program in compliance with all applicable federal, state, and local laws. The Committee or sub -committee reviews occupational illness and injury, and incidents that result in damage to city property, and strives to take action to ensure that unsafe work methods, unsafe work sites, and unsafe equipment are identified and made safe. All employees are required to fully comply with the Safety Program as administered by the Safety Committee. Department directors, management, and supervisory employees are responsible for implementing the Safety Program by training their employees in safe work methods and by enforcing compliance with safety standards set by the Safety Committee. Department directors are responsible for providing all employees with th-e-safety equipment and safety clothing that is necessary for employees to perform their duties in a safe manner. New employees receive a copy of the City ofElk River Employee Safety Manua/during their onboarding. Employees are required to read the manual carefully and discuss areas of concern with their supervisor. Employees are required to develop safe work habits and to contribute to the safety of themselves and co-workers. Page 60187 Page 131 of 447 To be successful, the safety program must be the shared responsibility of all employees. Employees are required to: ■ Immediately report to their supervisor all unsafe equipment, practices, or procedures that pose a threat to the safety of employees or others. ■ Cooperate with and assist in the investigation of accidents to identify the causes and to prevent recurrence. ■ Be active in department and city safety programs. ■ Observe and promote safe work habits. ■ Report injuries to supervisor immediately. Employees who do not follow and abide by the city's safety policies will be subject to discipline up to and including termination. Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of employment that such equipment be worn by the employee. Supervisors are authorized to send an employee home immediately when the employee's behavior violates the city's personnel policies, department policies, or creates a potential health or safety issue for the employee or others. Safety Equipment Reimbursement The city reimburses employees for certain foot and eye protection required by the city safety policy. Employees required to wear protective footwear may be reimbursed based on the Foot Protection Policy attached as Exhibit B. Employees required to wear eye protection may be reimbursed based on the Prescription Safety Eyewear Policy attached as Exhibit C. Incident Reporting Employees are required to report accidents resulting in personal injuries and/or vehicle, equipment, or property damage to their supervisor immediately. Employees shall immediately report all accidents and injuries occurring within the course of employment to their supervisor and complete an Employee Incident Report. The supervisor shall submit a Supervisor's Report of Injury Form to Human Resources within twenty-four (24) hours of the injury. Both forms are on Access Elk River. Employees shall immediately report all damage to city property to their supervisor. The supervisor shall submit documentation regarding the incident to the Finance Department within twenty-four (24) hours of the time of the damage or accident. A copy of the Minnesota Motor Vehicle Accident Report must be submitted for all vehicle accidents. Further details on this policy and a complete summary of responsibilities and procedures are available from the Safety Coordinator. Page 132 of 447 Workers' Compensation An employee temporarily unable to work due to an injury or illness sustained in the performance of their city work may be eligible for Workers' Compensation subject to the provisions of the State of Minnesota Workers' Compensation Law. An employee who becomes eligible to receive Workers' Compensation will retain the total amount of the Workers' Compensation check and may receive the difference between their Workers' Compensation payment and the employee's regular gross salary with accrued sick leave. If accrued sick leave is not available, vacation or compensatory time may be used. The total of the Workers' Compensation check and the accrued leave compensation may not exceed the employee's normal gross pay. Page 62187 Page 133 of 447 Conduct Ethics of Public Employment The city affirms it is in the public's interest and general welfare of the community and its residents that a statement of ethics be established for all city employees. Employees shall not use their official position for personal gain, engage in any business, transaction, or have a financial interest, directly or indirectly, conflicting with the proper performance of their official duties. Accepting Gifts Employees shall not accept, either directly or indirectly, any money, property, gift, gratuity, reward, loan, fee, discount, special consideration, or special accommodation arising from or offered because of their employment or any activity connected with their employment with the city. Employee Endorsements No employee shall, in any manner or form, endorse, recommend, or advertise a product or service by using the city's name or the employee's name and/or title. Conflict of Interest The credibility of local government rests heavily upon the confidence residents have in public officials to render fair and impartial services to all without regard to personal interest and/or political influence. Thus, city officials and employees must scrupulously avoid any activities that suggest a conflict of interest between their private interests and city responsibilities. The city has adopted a Conflict of Interest Ordinance that addresses these issues (Chapter 2, Article 3, Division 3, Section 2-132). Employees and officials are required to follow all applicable laws related to conflicts of interest, including the city's Conflict of Interest Ordinance which can be found on Access ElkRiverand in the City Code of Ordinances. Whistleblower Protections An employee of the city who, in good faith, reports an activity that s/he considers to be illegal or dishonest to one or more of the parties may have whistleblower protections. The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures; appropriate city management officials are charged with these responsibilities. Examples of illegal or dishonest activities include violations of federal, state, or local laws; billing for services not performed or for goods not delivered; and other fraudulent financial reporting. Page 63187 Page 134 of 447 If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, the employee is to contact his/her immediate supervisor or Human Resources. The employee must exercise sound judgment to avoid baseless allegations. An employee who intentionally files a false report of wrongdoing may be subject to discipline up to and including termination. It is the city's legal responsibility to protect employees who make a complaint of employment discrimination, who serve as a witness or participate in an investigation, or who are exercising their rights when requesting religious or disability accommodation from retaliation. Whistleblower protections are provided in two important areas - confidentiality and against retaliation; insofar as consistent with Minnesota Government Data Practices, the confidentiality of the whistleblower will be maintained. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law and to provide accused individuals with their legal rights of defense. The city will not retaliate against a whistleblower. This includes but is not limited to, protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, or poor work assignments and threats of physical harm. Any whistleblower who believes s/he is being retaliated against must contact Human Resources immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing. Sexual Harassment and Respectful Workplace Employees have a right to work in an environment free from discrimination and intimidation, including harassment. The mission of the city is best accomplished in an atmosphere of professionalism that in turn is supported by mutual respect and trust. The city expects all employees to work toward this goal. Harassment based on a person's race, color, creed, religion, national origin, sex, sexual orientation, gender, gender identity, gender expression, disability, age, marital status, familial status, pregnancy, status regarding public assistance, veteran status, or any other protected class status may be unlawful and is strictly prohibited. Abusive Customer Behavior While the city has a strong commitment to customer service, the city does not expect employees to accept verbal and other abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or the employee may defuse the situation themselves, including professionally ending the contact. If there is a concern about the possibility of violence, the employee should use his/her Page 135 of 447 discretion to call 911, and as soon as feasible, a supervisor. Employees should leave the area immediately when violence is imminent unless their duties require them to remain (such as police officers). Employees must notify their supervisor about the incident as soon as possible. Definitions of Sexual and Other Forms of Harassment Harassment consists of unwelcome conduct based on a person's race (including traits associated with race, including, but not limited to, hair texture and hair styles such as braids, locs and twists), color, creed, religion, national origin, sex, sexual orientation, gender, gender identity, gender expression, disability, age, marital status, familial status, pregnancy, status with regard to public assistance, veteran status, or any other protected class status that is interfering with your job performance; or creating an intimidating, hostile, or offensive work environment; or when submission to such conduct is explicitly or implicitly: • a term or condition of employment; or ■ a basis for an employment decision affecting your job; or ■ has the purpose or result of unreasonably interfering with your work performance or creating an intimidating, hostile, or offensive work environment. The city prohibits harassment in any form, including verbal, physical, and visual harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature that is interfering with your job performance; or creating an intimidating, hostile, or offensive work environment; or when submission to such conduct is explicitly or implicitly: ■ a term or condition of employment; or ■ a basis for an employment decision affecting your job; or ■ has the purpose or result or unreasonably interfering with your work performance or creating an intimidating, hostile, or offensive work environment. The city prohibits sexual harassment in any form, including verbal, physical, and visual harassment. Some examples of conduct that may be sexual harassment under this policy include: ■ Use of offensive or demeaning terms which have sexual connotations. ■ Telling suggestive jokes or stories and conversations about sexual exploits, sexual preferences, and desires. ■ Posting jokes, cartoons, pictures, objects, or stories which have a sexual content. ■ Threats, demands or suggestions that an employee's work status, advancement, or other terms and conditions of employment are contingent upon the employee's rage 6.D187 Page 136 of 447 toleration of or acquiescence to unwelcome sexual advances. Repeated, unwelcome sexual flirtations, propositions, or invitations to social engagements; or unwelcome and objectionable physical contact or physical proximity. Types of Disrespectful Behavior ■ Violent behavior including the use of physical force, harassment, bullying, or intimidation. Discriminatory behavior including inappropriate remarks about or conduct related to a person's legally protected characteristic such as race, color, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity or gender expression, familial status, or status regarding public assistance. ■ Offensive behavior including such actions as rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disparaging language, or any other behavior regarded as offensive to a reasonable person. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and supervisor what is regarded as offensive, considering the sensibilities of employees and the possibility of public reaction. Although the standard for how employees treat each other and the public will be the same throughout the city, there may be differences between work groups about what is appropriate in other circumstances unique to a work group. If an employee is unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor or the city administrator. Scope of Policy This policy prohibits harassment, sexual harassment, and disrespectful behavior by members of the same or opposite sex. In addition, this policy prohibits any form of harassment or disrespectful behavior by any individual, including managers and supervisors, employees, co-workers, and third parties such as clients, elected officials, consultants, contractors, or vendors who interact with employees. Responding to Disrespectful Workplace Behavior All employees should feel comfortable calling their supervisor or another manager to request assistance should they not feel comfortable with a situation. If situations involve violent behavior call the police, ask the individual to leave the area, and/or take other reasonable action. If employees see or overhear what they believe is a violation of this policy, employees should advise a supervisor, the city administrator, or human resources promptly. Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation in one of the ways listed below. If there is a concern about the possibility of Page 137 of 447 violence, the individual should use his/her discretion to call 911, and as soon as feasible, notify a supervisor. In the event the disrespectful behavior occurring involves the employee's supervisor, the employee should contact human resources, the supervisor's manager, or the city administrator. Step 1(a). If you feel comfortable doing so, professionally, but firmly, tell whoever is engaging in the disrespectful behavior how you feel about their actions. Politely request the person to stop the behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for this discussion. Ste 11(b). If you fear adverse consequences could result from telling the offender or if the matter is not resolved by direct contact, go to your supervisor, human resources, your supervisor's supervisor, or the city administrator. The person to whom you speak is responsible for documenting the issues and for giving you a status report on the matter. In some situations, such as with an offender from the public, it is preferable to avoid one on one interactions. Talk to your supervisor about available options to ensure there are others available to help with transactions with the offender. Ste 11(c). The city urges conduct which is viewed as offensive be reported immediately to allow for corrective action to be taken through education and immediate counseling, if appropriate. It is vitally important you notify a supervisor, the city administrator, or human resources promptly of your concerns. Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it promptly to a supervisor, human resources, or the city administrator. Reporting Harassment including Sexual Harassment If at any time you feel you are being harassed, you should immediately contact: ■ your supervisor; and/or ■ a department director; and/or ■ Human Resources; and/or ■ the city administrator. The city wants to resolve any problems, but it can do so only if it is aware of them. The city encourages anyone who believes s/he is being harassed to immediately report all incidents of perceived harassment. Your report may be verbal or written; in either case, it is important that you state that your report is being made under this harassment policy, or that it concerns harassment. You may choose to whom you make the report; that choice, however, must be made from the list of individuals named above. The city will promptly investigate harassment complaints and take appropriate action. Employees found to have committed harassing acts will be subject to corrective action up Page 138 of 447 to and including termination. City's Response Employees who have a complaint of disrespectful workplace behavior will be taken seriously. In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations promptly to human resources or the city administrator, who will determine whether an investigation is warranted. A supervisor must act upon such a report even if requested otherwise by the victim. In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines when an allegation is reported: Ste 1 (a). If the nature of the allegation and the wishes of the victim warrant a simple intervention, the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching session with the offender, explaining the impact of his/her actions and requiring the conduct not to reoccur. This approach is particularly appropriate when there is some ambiguity about whether the conduct was disrespectful. The allegation shall be reported to human resources or the city administrator. Step 1(b). Supervisors, when talking with the reporting employee, will be encouraged to ask him/her what he/she wants to see happen next. When an employee comes forward with a complaint, it is important to note the city cannot promise complete confidentiality, due to the need to investigate the issue properly. However, any investigation process will be handled as confidentially as practical and related information will only be shared on a need -to -know basis and in accordance with the Minnesota Government Data Practices Act and/or any other applicable laws. Step22. If a formal investigation is warranted, the individual alleging a violation of this policy will be interviewed to discuss the nature of the allegations. Formal investigations will be prompt, impartial, and thorough. The person being interviewed may have someone of his/her choosing be present during the interview. Typically, the investigator will obtain the following description of the incident, including date, time, and place: • Corroborating evidence. • A list of witnesses. • Identification of the offender. To facilitate fostering a respectful work environment, all employees are encouraged to respond to questions or to otherwise participate in investigations regarding alleged harassment. Step 3. The supervisor must notify human resources or the city administrator about the allegations. Page 139 of 447 Step 4. In most cases, as soon as practical after receiving the written or verbal complaint, the alleged policy violator will be informed of the allegations, and the alleged violator will have the opportunity to answer questions and respond to the allegations. The city will follow any other applicable policies or laws in the investigatory process. Steps. After adequate investigation and consultation with the appropriate personnel, a decision will be made regarding whether disciplinary action will be taken. Step6. The alleged violator and complainant will be advised of the findings and conclusions as soon as practicable and to the extent permitted by the Minnesota Government Data Practices Act. Step77. The city will take reasonable and timely action, depending on the circumstances of the situation. The city is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. § 363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of the Department of Human Rights. Confidentiality A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person's name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees' personnel files. If disciplinary action does result from the investigation, the results of the disciplinary action will then become a part of the employee(s) personnel file(s). Retaliation Retaliation is strictly prohibited. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. Individuals who report harassing conduct, participate in investigations, or take any other actions protected under federal or state employment discrimination laws will not be subject to retaliation. Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation, reprisal, or harassment. While each situation is very fact dependent, retaliation can include a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance evaluations, or transfers to less prestigious or desirable work or work locations because an employee has engaged or may engage in activity in furtherance of EEO laws. It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action, deportation or other action with immigration authorities, disparagement to Page 69187 Page 140 of 447 others or the media, and making false reports to government authorities because an employee has engaged or may engage in protected activities. Any individual who retaliates against a person who testifies, assists, or participates in an investigation may be subject to disciplinary action up to and including termination. If you feel retaliation is occurring within the workplace, report your concern immediately to your immediate supervisor, your supervisor's manager, human resources, or the city administrator. Supervisors who have been approached by employees with claims of retaliation will take the complaint seriously and promptly report the allegations to the city administrator, or if the complaint is against the city administrator to human resources, who will decide how to proceed in addressing the complaint. Consistent with the terms of applicable statutes and city personnel policies, the city may discipline any individual who retaliates against any person who reports alleged violations of this policy. The city may also discipline any individual who retaliates against any participant in an investigation, proceeding, or hearing relating to the report of alleged violations. Questions About Policy Any questions about this policy or a related matter should be referred to the city administrator or Human Resources. Workplace Violence and Possession of Dangerous Weapons The city seeks to provide a safe and secure workplace environment for employees, volunteers, vendors, and citizens. Violence, or the threat of violence, has no place on city premises. The city is committed to preventing the potential for violence in and around the workplace and to fostering a work environment of respect and positive conflict resolution. Many employees may be exposed to violence by the nature of their jobs. Violence or the threat of violence by or against any employee or other person while on city premises is strictly prohibited and may subject the individual to serious disciplinary action and/or criminal charges. Possession, use, or threatened use of an object that could be considered a dangerous weapon, including all firearms, is prohibited on city premises, including city vehicles and personal vehicles used for city business. This includes employees with valid permits to carry firearms. The following exceptions to the dangerous weapons prohibition are as follows: ■ Employees legally in possession of a firearm for which the employee holds a valid Page 70187 Page 141 of 447 permit, if required, and said firearm is concealed from view within a locked personal vehicle while that person is working on city property. A person who is showing or transferring the weapon or firearm to a police officer as part of an investigation. Police officers and employees who are in possession of a weapon or firearm in the scope of their official duties. The city strives to provide a workplace environment in which all its officials and employees treat each other, their customers, clients, and all others with courtesy, dignity, and respect. Drug and Alcohol Policy Employees are expected and required to report to work on time and in appropriate mental and physical condition. It is the city's intent and obligation to provide a drug -free, safe, and secure work environment. The city contracts with federal agencies and is subject to the federal Drug -Free Workplace Act which places certain requirements on employers to maintain a drug -free workplace. In accordance with the act, you are hereby notified: The unlawful manufacture, distribution, dispensation, possession, or use of any controlled substance (including alcohol) is prohibited on city property or while conducting city business. Employees violating this prohibition may be subject to disciplinary action including, but not limited to, suspension or termination, and may have legal consequences. Controlled substances include, but are not limited to, opiates, hallucinogenic substances, depressants, stimulants, and narcotics. The Drug -Free Workplace Act prohibits only unlawful(federal) use, possession, or distribution of such drugs in the workplace, and not the lawful use of prescription medications. The lawful use of a controlled substance, including alcohol and cannabis is prohibited on city property or while conducting city business with an exception for use in the Alcohol Product Sampling Policy pertaining to municipal liquor store employees or while attending an event as a participant that is being held on city property. Employees violating this prohibition may be subject to disciplinary action including, but not limited to, suspension or termination. Employees taking prescription or over-the-counter drugs that may affect the safety of others must obtain a determination from their physician as to whether the drug could affect the job safety of the employee or others. If job safety may be affected, the employee must inform his or her immediate supervisor so that appropriate accommodations and arrangements can be made. Page 71 187 Page 142 of 447 The city recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use the Employee Assistance Plan or their health insurance plans, as appropriate. As a condition of continued employment at the city, all employees must: ■ Abide by the terms of this policy; and ■ Notify the employee's supervisor, Human Resources, or city administrator of any criminal drug statute conviction arising out of a violation occurring on or off work premises while conducting city business no later than five days after the conviction. The city retains the right, at its sole discretion, to report employee conduct violating this policy to law enforcement officials and to turn over any controlled substances to the custody of law enforcement officials. It is the city's continued policy to maintain a drug -free workplace. If you have questions about this policy, its implementation, or its application to you, please contact the city administrator or Human Resources. Page 72187 Page 143 of 447 IXZI:II 11r_1 City of Elk River Fitness Room Policy INTRODUCTION The City of Elk River strongly believes in a philosophy of promoting employee wellness. An employee wellness program benefits both the employer and employee as well as the community. Healthy employees tend to be more productive, and healthy employees reduce expenditures (i.e. city insurance costs; use of sick time and its related overtime expenses; etc.). In the spirit of a healthy workplace, the city provides and outfits a fitness room as one part of a greater city wellness program. POLICY This policy encourages everyone to utilize the wellness room; with respect to limitations of types of equipment, locker space and workout space. Employee and Guest The fitness room is not a health club. Use of this room and equipment is open to all city and municipal utilities employees, and city council Members. Employees may bring one guest at any one time. Guests are not allowed use of the facility without the Employee. Guests must be over the age of eighteen (18). Due to safety and insurance issues, no one under the age of eighteen (18) is allowed in the fitness room under any circumstances. Waiver All employees who use the fitness room and equipment, and all guests, must sign a release waiver prior to using the fitness room. This is a requirement of the city insurance company. Available Times The fitness room is open 24-hours a day, but guests are only allowed with an employee. Lockers and Showers Lockers and showers are available. Lockers are intended to secure street clothes and valuables while exercising, not as an extended use. Employees shall leave the locker rooms in a clean, neat condition and shall not leave personal items in the lockers. Employees should be courteous - keep your time limited in the locker rooms if others are waiting. The city does not provide towels for the locker room or for use with the equipment. Page 144 of 447 Miscellaneous Issues ■ Training on the use of the equipment can be arranged in group settings, as necessary. ■ After receipt of a signed agreement, key reader access will be provided to employees who desire access to the room. ■ Disinfecting supplies are in the fitness room and users must clean equipment after use. Conduct and Procedures 1. Proper Attire is required at all times including shirts and closed -toe footwear. 2. Foul or Abusive Language is prohibited. 3. Dumbbells, plates, and other equipment must be returned to the proper rack, stand, or location. 4. Dropping of Dumbbells or other equipment on the fitness room floor is not allowed. 5. Machines such as exercise bike, treadmill, and stair climber should be powered off after use unless others are waiting to use it. 6. Disinfecting Supplies are provided. All equipment should be disinfected after each use. 7. Breakdown of any piece of equipment should be tagged and brought to the attention of a supervisor as soon as possible. 8. Chalk is allowed if used neatly. 9. Music is allowed if kept at a reasonable level and is powered off when leaving the room. 10. Lights and fans should be turned off when the fitness room is not in use. Update: December 2023 Page 145 of 447 IXAmlII 1190 Fitness Room Agreement and Release The City of Elk River ("City") has made available a fitness and workout facility (the "Facility") for the exclusive use of city and municipal utilities employees, and city council members ("Employee"). Employee's may be accompanied by one (1) guest who must be 18 years of age or older.. City and municipal utilities employees and council members are responsible for their guest. The undersigned employee and their guest ("Employee") shall be permitted to make use of the Facility upon the following terms and conditions: 1. Employee agrees to use the Facility only in accordance with rules and regulations adopted by the City, in the City's sole discretion. 2. Employee specifically agrees not to use the Facility while under the influence of any mind -altering drug or chemical, including specifically, but not exclusively, alcohol of any sort. 3. Employee acknowledges that no instruction as to the use of the Facility or any equipment therein will be provided by the City. Employee agrees to take sole responsibility to become familiar with the proper and safe use of any equipment within the Facility. 4. Employee acknowledges that certain risks may exist in the use of fitness and workout equipment. These risks include injury through defective equipment or improper use of equipment or improper conduct by Employee or third parties. Employee agrees to release City and its respective officers and employees from any claim Employee may have to any incident which occurs in or arises in any way out of Employee's use of the Facility or any equipment therein including specifically, but not exclusively, claims for personal injury, death, or property damage. Employee further agrees to indemnify, defend and hold harmless the city and its officers and employees and agents from claims for personal injury, death, or property damage for incidents occurring in or about the Facility. 5. EMPLOYEE ACKNOWLEDGES THAT THE FACILITY WILL NOT BE SUPERVISED AND AGREES THAT EMPLOYEE MAKES USE OF THE FACILITY AT EMPLOYEE'S OWN RISK. 6. EMPLOYEE HAS READ THE FITNESS ROOM POLICY AND AGREES TO ABIDE BY THE RULES STATED IN THE POLICY. 7. Terms of this Agreement apply equally to the guest as to the Employee. Employee's Signature Print Name Date Update: December 2023 Page 146 of 447 IXAmlII 1190 City of Elk River Foot Protection Policy All employees will wear footwear appropriate to their job duties. Each affected employee shall wear protective footwear when working in areas where there is a danger of foot injuries due to: Falling and rolling objects Objects piercing the sole Exposure to electrical hazards Employees required to wear protective footwear include: Street/Parks employees, Wastewater Treatment Facility employees, Building Maintenance employees except custodians, Building Inspectors, Fire Inspectors, and any city employee required to wear protective footwear as determined by their supervisor. Protective Footwear Standard Must comply with ASTM F2413 Standard which provide both impact and compression protection. Allowance The city will provide up to $200 per year for regular employees and up to $75 per year for temporary employees toward the purchase of protective footwear. Funds more than those used for footwear may be used to purchase approved safety equipment as authorized by their department director. Some vendors may bill the city directly or original receipts must be submitted to the Finance Department for reimbursement. The cost of footwear exceeding approved allowance is the responsibility of the employee. Adopted: May 17, 1999 Updated: February 9, 2004 December 2020 August 8, 2023 Page 147 of 447 IXAmlII 1190 City of Elk River Prescription Safety Eyewear Policy Prescription Safety Eyewear For those regular employees required to wear eye protection, the city will pay for basic protective eyewear for single vision, bifocal, and trifocal prescriptions (includes safety lenses, standard frame with side shields, case, and dispensing fee). The city will provide one (1) complete pair of clear protective industrial safety eyewear every two (2) years or at the supervisor's discretion due to prescription change or damage resulting from work -related hazards. "Clear" lenses under this definition will also include lens tints in shades 1 or 2. -Transition or changeable tint lenses that meet OSHA standard 87Z will be allowed. The eye protection selected must clearly identify the manufacturer. Any new eye protective devices must comply with any of the following: ANSI Z87.1-2010, ANSI Z87.1-2003, or ANSI Z87.1-1989(R1998) or be at least as effective as this standard requires. All charges relating to eye examinations, optional frame styles, or lens treatments will be the responsibility of the employee. Employees shall use only Walman Optical approved providers. A list of approved providers can be found at www.WalmanOpticalsafetyeyewear.com under Resources, Find an Eye Doctor. Order forms are on Access under Safety, Safety Forms. Adopted: May 17, 1999 Updated. July 18, 2001 September 2014 December 2020 December 2023 Page 148 of 447 City E Personnel Policy Manual (Revised August 2008) (Updated August 2010) (Updated June 2012) (Updated September 2014) (Updated February 2021) Mini -update August 2023 Updated December 2023 Updated Severance Pay retro to 12/2023 update Updated December 2025 13065 Orono Parkway Elk River, MN 55330 763.635.1000 r u a L n f 0 Ey MU E1kRiverMN.gov Page 149 of 447 Page 150 of 447 TABLE OF CONTENTS Introduction..................................................................................................................................................................... Employment EqualEmployment Opportunity......................................................................................................................2 EmploymentStatus Definitions....................................................................................................................... 2 WorkRules..........................................................................................................................................................3 OrientationPeriod.............................................................................................................................................3 Minnesota Government Data Practices Act................................................................................................4 EmployeeRecords Advisory............................................................................................................................4 MediaRequests...................................................................................................................................................4 Personal Communications And Use Of Social Media................................................................................ 5 Compensation..................................................................................................................................................... 6 WorkWeek.........................................................................................................................................................7 SeniorityPatrol Shift Bid...................................................................................................................................7 CityHall Summer Office Hours......................................................................................................................7 Paydays.................................................................................................................................................................. 8 Timekeeping......................................................................................................................................................... 9 Overtime And Compensatory Time For Non -Exempt Employees...................................................... 10 CallBack Pay...................................................................................................................................................... 11 On -Call Pay........................................................................................................................................................ 11 StaffingInventory.............................................................................................................................................. 12 TimeOff For Exempt Employees................................................................................................................. 13 Report Of Employee Information Changes................................................................................................ 13 PerformanceAppraisals................................................................................................................................... 14 Attendance......................................................................................................................................................... 14 Rest/Meal Break............................................................................................................................................... 14 EmploymentOf Relatives............................................................................................................................... 15 SupplementalEmployment............................................................................................................................. 15 Separation From Employment Resignation......................................................................................................................................................... 16 Termination........................................................................................................................................................ 16 Retirement......................................................................................................................................................... 16 Layoffs.................................................................................................................................................................. 16 SeverancePay.................................................................................................................................................... 16 ExitInterviews................................................................................................................................................... 17 Leave Benefits VacationLeave................................................................................................................................................... 18 40/40/40 Vacation Payout Option................................................................................................................20 SickLeave...........................................................................................................................................................20 EarnedSick and Safe Time..............................................................................................................................21 Sick And ESST Bank Balances For Regular Employees............................................................................25 HolidayLeave....................................................................................................................................................26 Page 151 of 447 MinnesotaPaid Leave.......................................................................................................................................27 FamilyAnd Medical Leave...............................................................................................................................30 FMLA — Qualified Exigency And Military Caregiver Leave.....................................................................35 MN Pregnancy And Parenting Leave............................................................................................................38 AdoptiveParents..............................................................................................................................................39 NursingMothers...............................................................................................................................................39 PregnancyHealth Conditions........................................................................................................................39 School Conference Leave Policy...................................................................................................................40 Bone Marrow/Organ Donation Leave.........................................................................................................40 MilitaryLeave.....................................................................................................................................................40 CivilAir Patrol...................................................................................................................................................41 Jury Duty Leave And Court Appearances..................................................................................................41 VictimOr Witness Leave...............................................................................................................................42 BereavementLeave..........................................................................................................................................42 GeneralLeave....................................................................................................................................................43 Voting, Election Judge. and Delegates Leave..............................................................................................43 AdministrativeLeave........................................................................................................................................44 AthleticLeave....................................................................................................................................................44 General Benefits Insurance.............................................................................................................................................................45 Retirement/PERA..............................................................................................................................................45 Post Employment Health Care Savings Plan...............................................................................................45 Employee Development/Tuition Reimbursement.....................................................................................46 EmployeeWellness..........................................................................................................................................46 General Policies Smoking, Vaping, And Tobacco Policy.........................................................................................................47 AppearanceAnd Dress...................................................................................................................................47 Electronic Communication Devices.............................................................................................................47 TelephoneUse..................................................................................................................................................47 Ipad/Tablet Device............................................................................................................................................48 EmailAnd Voicemail Use................................................................................................................................48 InternetAccess And Use................................................................................................................................48 BandwidthConservation................................................................................................................................49 PasswordPolicy.................................................................................................................................................49 TravelExpenses................................................................................................................................................49 KeysAnd Security............................................................................................................................................49 Personal Use And Disposal Of City Property...........................................................................................49 UseOf City Vehicles........................................................................................................................................50 ResidentComplaints........................................................................................................................................50 EmergencyClosing...........................................................................................................................................51 Employee Participation In The City Fire Department.............................................................................51 Employee Participation In Fire Departments Outside of Elk River......................................................52 Employee Participation In The Police Reserves........................................................................................52 PoliticalActivity.................................................................................................................................................52 Page 152 of 447 Candidacy...........................................................................................................................................................53 Labor Relations Safety Communication.................................................................................................................................................54 Discipline............................................................................................................................................................. 55 GrievanceProcedure.......................................................................................................................................57 Safety..................................................................................................................................................................59 Safety Equipment Reimbursement................................................................................................................60 IncidentReporting............................................................................................................................................60 Workers' Compensation................................................................................................................................60 Conduct EthicsOf Public Employment.........................................................................................................................61 AcceptingGifts..................................................................................................................................................61 EmployeeEndorsements.................................................................................................................................61 ConflictOf Interest..........................................................................................................................................61 WhistleblowerProtections............................................................................................................................61 Sexual Harassment And Respectful Workplace........................................................................................62 Workplace Violance And Possession Of Dangerous Weapon..............................................................68 DrugAnd Alcohol Policy................................................................................................................................69 FitnessRoom Policy...................................................................................................................................... Appendix A FootProtection Policy...................................................................................................................................Appendix B Prescription Safety Eyewear Policy............................................................................................................ Appendix C Page 153 of 447 Page 154 of 447 Introduction This policy manual contains personnel policies and procedures for City of Elk River employees. The city strives to provide an efficient system of personnel administration, and this policy manual serves as a guide for administrative actions concerning city personnel matters. It is not a contract between the city and its employees. The manual attempts to cover general matters and does not cover every situation that may arise. Other than any applicable collective bargaining agreement, this policy manual replaces and supersedes all prior manuals, memos, and any other written or oral statements of employment policies and procedures. Manuals and policies that provide department specific information remain in effect. Except as provided by statute or applicable collective bargaining agreement, employment of all city employees is at -will. At -will means both the city and its employees have the right to terminate employment at any time, with or without cause or notice. No representative of the city has the authority to alter the at -will nature of an employee's employment except the City Council by approval of a written contract of employment executed by the city. No employee has a protectable property interest in his or her employment with the city. The policies in this manual shall apply to all employees unless specifically exempted by the City Council. Consultants rendering professional services on a fee basis are not considered city employees. The city may add to, modify, or revise portions of this manual as the city deems appropriate, with or without prior notice. This manual may be superseded to the extent that it is inconsistent with state or federal statute, a collective bargaining agreement entered between the city and its employees, or a written contract of employment signed by the city. Page 1 181 Page 155 of 447 Employment Equal Employment Opportunity The City of Elk River is committed to providing equal opportunity in all areas of employment, including but not limited to recruitment, hiring, demotion, promotion, transfer, selection, lay-off, disciplinary action, termination, compensation, and selection for training. The city will not discriminate against any employee or job applicant on the basis of race (including traits associated with race, including, but not limited to, hair texture and hair styles such as braids, locs and twists), color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, or membership on a local human rights commission, or lawful participation in the Minnesota Medical Cannabis Patient Registry. The city prohibits discrimination against or harassment of any employee or job applicant on the basis of protected class status. Employees who participate in discrimination in violation of this policy are subject to discipline up to and including termination. Retaliation against any employee for making a complaint under this policy or assisting with investigations of complaints made under this policy is also strictly prohibited. Any person who feels that s/he has been discriminated against should contact the city administrator or Human Resources. Employment Status Definitions Full -Time - A regular work schedule consisting of 2,080 hours per year. Part -Time - A regular work schedule of less than 2,080 hours per year, generally over the 12 months. Orientation Period - First six months of initial employment, following a promotion, reassignment or transfer. Probationary Period - Period of time as defined in a union contract. For paid on -call firefighters, the probationary period is the first twelve (12) months of initial employment. Regular - An employee who has completed his or her Orientation or Probationary Period and works a set schedule. Non -Regular - An employee who has completed his or her Orientation or Probationary Period and works a variety of hours and days, not a set schedule. Seasonal - A part- or full-time position assigned to work part of the year to conduct seasonal work. Page 2181 Page 156 of 447 Temporary - A part- or full-time position scheduled to work with a defined start and termination date or duration of a special project. Elected or Appointed Official - A person elected as mayor or council member, or a person appointed by the mayor and council to serve on a city commission or board. Applicant - Any person applying for a paid or volunteer position. Work Rules In accepting employment with the City of Elk River, employees become representatives of the city and are responsible for assisting and serving the residents for whom they work. Employees shall exhibit conduct that is ethical, professional, responsive, and of standards becoming of a city employee. To achieve this goal, employees must adhere to established policies, rules, and procedures and follow the instructions of their supervisors. All City of Elk River employees are expected to meet the followingjob requirements: ■ Always perform assigned duties satisfactorily and to the best of their abilities. ■ Always render prompt and courteous service to the public as appropriate. ■ Read, understand, and comply with the rules and regulations set forth in these Personnel Policies as well as those of their departments. ■ Conduct themselves with decorum toward both residents and staff and respond to inquiries and information requests with patience and courtesy. ■ Report all unsafe conditions to the immediate supervisor. ■ Maintain good attendance. Orientation Period The Orientation Period is an integral part of the employment process in which the city and the new employee should consider whether the employment is mutually satisfactory. The Orientation Period consists of the first six (6) months of employment. During the period, the city will observe the employee's work to determine whether the employee demonstrates s/he is qualified for the position to which s/he was appointed. Performance, skills, ability, and other factors observed and demonstrated during the period are evaluated by the employee's supervisor. If the employee does not meet established standards, and there is reason to believe, in the city's sole discretion, that a longer review period is needed, the Orientation Period may be extended to a total of 12 months. New employees are not allowed to take vacation leave during their Orientation Period unless approved by the city administrator or approved before hire. Upon completion of the Orientation Period, the employee will become a Regular employee and are eligible to use vacation leave. This does not imply employment is permanent. Page 3181 Page 157 of 447 Employees promoted or appointed to new positions must successfully complete a six- month Orientation Period. If found during the orientation to be unsuited for the position, the city, at its sole discretion, may reinstate the employee to his/her former position and former rate of pay. Reinstatement is not guaranteed. Employees taking a leave of absence during the Orientation Period will have their Orientation Period paused and begin where they left off when they return from leave. Minnesota Government Data Practices Act Pursuant to the Minnesota Government Data Practices Act (D PA) data is categorized as private, non-public, or confidential. All data is public unless classified otherwise. In many circumstances, data may not be disclosed except with authorization of the subject of the data or pursuant to court order. In compliance with the DPA, employees are strictly prohibited from disclosing to a third party, within or outside the city, any personnel data, data relating to pending civil legal actions, or any other data that might be classified as private, non-public, or confidential, without the city administrator's express authorization. The City Council appoints the city administrator as the responsible authority to administer the requirements for collection, storage, use, and dissemination of data. Refer to the city's Guidelines and Procedures for the Minnesota Government Data Practices Act for additional information. Employee Records Advisory Employee records are maintained in a location designated by the city administrator. Personnel data is retained in personnel files, finance files, and benefit/medical files. Information is used to administer employee salary and benefit programs, process payroll, complete state and federal reports, document employee performance, etc. Employees have the right to know what data is retained, where it is kept, and how it is used. All employee data will be received, retained, and disseminated according to the DPA. Media Requests All city employees have a responsibility to help communicate accurate and timely information to the public in a professional manner. Requests for private data or information outside of the scope of an individual's job duties should be routed to the appropriate department or to the data practices authority. Any employee who identifies a mistake in reporting should bring the error to the city administrator or appropriate staff. Regardless of whether the communication is in the employee's official city role or in a personal capacity, employees must comply with all laws related to trademark, copyright, software use, etc. Except for routine events and basic information readily available to the public, all requests for interviews or information from the media are to be routed through the city Page 4181 Page 158 of 447 administrator. No city employee is authorized to speak on behalf of the city without prior authorization from the city administrator or his/her designee. Media requests include anything intended to be published or viewable to others in some form such as television, radio, newspapers, newsletters, social media postings, and websites. When responding to media requests, employees should follow these steps: 1. If the request is for routine or public information (such as a meeting time or agenda), provide the information and notify the city administrator of the request. 2. If the request is regarding information about city personnel, potential litigation, controversial issues, an opinion on a city matter, or if an employee is unsure if the request is a "routine" question, forward the request to the city administrator. All news releases concerning city personnel will be the responsibility of the city administrator. When the city administrator authorizes an employee to communicate on behalf of the city in interviews, publications, news releases, on social media sites, and related communications, employees must: • Identify themselves as representing the city. Account names on social media sites must be clearly connected to the city and approved by the city administrator. • Be respectful, professional, and truthful when providing information. Only factual information (not opinions or editorial comments) shall be provided. Corrections must be issued when needed. • Generally, not include personal opinions in official city statements. Employees who have been approved to use social media sites on behalf of the city should seek assistance from the city administrator on this topic. • Notify the city administrator if they will be using their personal technology (cell phones, home computer, cameras, etc.) for city business. Employees should be aware that data transmitted or stored may be subject to the Minnesota Government Data Practices Act. Personal Communications and Use of Social Media It is important for employees to remember that their personal communications may reflect on the city, especially if employees are commenting on city business or commenting on issues that implicate their city employment. As city representatives, employees share the responsibility of earning and preserving the public's trust in the city. An employee's own personal communications, such as on social media, can have a significant impact on the public's belief that all city staff will carry out city functions faithfully and impartially and without regard to factors such as race, sex/gender, religion, national origin, disability, sexual orientation, or other protected categories. Nonpersonal communications (performed within one's job duties) to members of the public must always be professional. The following guidelines apply to personal communications, including various forms such as social media (Facebook, Twitter, blogs, YouTube, etc.), Page 5181 Page 159 of 447 letters to the editor of newspapers, and personal endorsements: Do not share private or confidential information you have access to as a result of your city position. Any personal communications made on a matter of public concern must not disrupt the efficiency of the city's operation, including by negatively affecting morale. Public comments must not undermine any city department's ability to effectively serve the public. Disruptive personal communications can include liking or republishing (sharing/retweeting) a social media post of another individual or entity. The city can act on the personal communication that violates this policy without waiting for the actual disruption. Remember what you write, or post cannot easily be undone. It may also be spread to a larger audience than you intended. Use common sense when using email or social media sites. It is a good idea to refrain from sending or posting information or photos you would not want your boss or other employees to read, or you would be embarrassed to see in the newspaper. Keep in mind harassment, bullying, threats of violence, discrimination, or retaliation concerning a co-worker or between co-workers that would not be permissible in the workplace is not permissible online, even if it is done after hours, from home and on home computers. ■ The city expects its employees to be fair, courteous, and respectful to supervisors, co-workers, citizens, customers, and other persons associated with the city. Avoid using statements, photographs, video, or audio that reasonably may be viewed as malicious, obscene, threatening or intimidating, disparaging, or might constitute harassment or bullying. ■ If you publish something related to city business and there is potential for confusion whether you are speaking on behalf of the city, it would be best to identify yourself and use a disclaimer such as, "These are my own opinions and do not represent those of the City of Elk River." ■ City resources, work time, or official city positions cannot be used for personal profit or business interests, or to participate in personal political activity. ■ Personal social media account name or email names should not be tied to the city. Compensation Employees will be compensated according to the compensation plan approved by the City Council. The city will develop and maintain a compensation plan for all positions in accordance with federal and state laws. This plan may be reviewed and changed periodically at the sole discretion of the city. Under the Minnesota Wage Disclosure Protection law, employees have the right to tell any person the amount of their own wages. While the Data Practices Act (Minn. Stat. §13.43), specifically lists an employee's actual gross salary and salary range as public personnel data, Minnesota law also requires wage disclosure protection rights and remedies to be included in employer personnel handbooks. To that end and in accordance with Minn. Page 6181 Page 160 of 447 Stat. §181.172, employers may not: ■ Require nondisclosure by an employee of his or her wages as a condition of employment. ■ Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages. ■ Take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. ■ Retaliate against an employee for asserting rights or remedies under Minnesota Statute §181.172, subd. 3. The city cannot retaliate against an employee for disclosing his/her own wages. An employee's remedies under the Wage Disclosure Protection law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry at 651.284.5070 or 800.342.5354. Work Week Work schedules will be established by the appropriate department director with the approval of the city administrator. The regular workweek for regular full-time employees is forty (40) hours per week. The regular workweek for regular part-time employees is a set schedule between 20 and less than 40 hours per week. Unless otherwise provided, the normal workday will begin at 8:00 a.m. and end at 4:30 p.m. The normal workweek will consist of five consecutive workdays, Monday through Friday. Employees shall account for each hour of their work week by working or utilizing leave time. (See Leave Benefits below) Employees shall not take time off without pay unless it falls within the leave benefits provided. Flextime arrangements must be approved by the department director and city administrator. The department director or city administrator may deny requests for flextime at their sole discretion. Flextime arrangements shall not negatively affect service levels. Employees with flextime arrangements may be asked to adjust their schedules periodically or to discontinue flextime to accommodate vacations, sick/ESST leave, or other issues within the department. Seniority Patrol Shift Bid The Chief of Police or their designee shall post the seniority patrol shift bid for the following year on the second Monday of October. Patrol officers and patrol sergeants shall have until October 31 st to complete their shift bids. City Hall Summer Office Hours Summer Office Hours shall be the period between the Sunday preceding Memorial Day and the Saturday preceding Labor Day. Page 7181 Page 161 of 447 City Hall Summer Office Hours shall be staffed as follows: 7:30 a.m. to 5:00 p.m. Monday - Thursday 7:30 a.m. to Noon, Fridays All City Hall customer service desks shall be staffed and all City Hall services will be available during the period of Summer Office Hours. Employee Schedule Supervisors shall set a schedule with their employees for the Summer Office Hours period or review a schedule with their employees at the beginning of each work week. Employees working 7:30 a.m. to Noon on Friday shall work one 8.5-hour day another day of the same week. Summer Office Hours shall not create overtime for any non-exempt employees. Flextime Arrangements Employees approved to work a flextime arrangement shall determine their Summer Office Hours flextime arrangement with their supervisor prior to the beginning of Summer Office Hours period. Employee Leave All City Hall employees taking leave on a Friday during the Summer Office Hours period shall take four (4) or four and one half (4.5) hours' leave for that day depending on their Summer Office Hours schedule. All City Hall employees taking leave on Monday through Thursday shall take eight and one half (8.5) or nine (9) hours of leave for each day depending on their Summer Office Hours schedule. Bereavement leave is explained in the Bereavement Leave section of this manual. Holidays For holidays that fall on Monday through Thursday, eight (8) hours of holiday shall be paid and one (1) hour of vacation or compensatory time shall be used or one (1) additional hour of work may be performed on another day of the same work week with department director approval. For holidays that fall on Friday, employees will take four (4) or four and one half (4.5) hours of holiday time and utilize the remaining four (4) or three and one half (3.5) hours of holiday time, with supervisor approval, at another time during the same pay period. Paydays As provided by Minnesota law, all employees are required to participate in direct deposit. Employees (except on -call firefighters) will be paid biweekly on alternate Fridays, adjusted rage 01ai Page 162 of 447 according to bank holiday schedules. Timekeeping Timesheets and any other time reports shall be approved and submitted to payroll by noon on the Monday before pay day. Failure to submit time reports on time or to approve employee's time reports on time may be subject to discipline. An accurate record of hours worked, and any leave time used by nonexempt employees is necessary to comply with the provisions of the federal and state Fair Labor Standards Acts. Elk River utilizes different types of timekeeping systems. Employees using a schedule -based electronic timekeeping system have work schedules that are set by supervisors before each work period. Any deviation to an employee's work schedule shall be immediately updated in the timekeeping system. It is the employee's responsibility to ensure their time records are maintained accurately. Your finalized work schedule and approved exceptions signify physical approval of your time record per FLSA and state statutes. Non-exempt employees utilizing a timesheet-based timekeeping system shall record their hours worked each day in 15 minute increments. Requests for time off shall be made and approved prior to the time off. If time off is unscheduled, the request and approval shall be made as soon as practicable but no later than the end of the pay period. Submission of timesheets acknowledges accuracy of your time record per FLSA. Employees utilizing a kiosk to punch in and punch out are responsible to punch in at the beginning of each shift and punch out at the end, punch in and out for meal breaks, and to notify their supervisor immediately of any missed punches or other errors in their time record. Requests for use of Earned Sick and Safe Time (ESST) shall be made in writing directly to the supervisor. Exempt employees are paid a set salary for each pay period and do not record hours worked. Exempt employees utilizing paid leave time shall request leave time and receive approval through the time keeping system prior to the leave being taken. Submission of timesheet acknowledges accuracy of paid time off. Time off and overtime requests shall be made by the employee through the timekeeping system and shall be approved or denied by the supervisor through the timekeeping system. Requests shall be made in 15 minute increments. Requested leave (vacation or compensatory time and planned leaves of absence) must be submitted to supervisors through the timekeeping system with as much advance notice as possible. Leave requests are not final until approved by the supervisor in the timekeeping system. Employees are provided with secure access to their time records and shall not share their password with co-workers. All employees are responsible to ensure their time records are Page 9181 Page 163 of 447 accurate. The hours reflected in the timekeeping system are the hours employees will be paid for each pay period. It is the employee's responsibility to monitor their hours to ensure they accurately reflect the hours worked. If the employee feels there is a discrepancy, it is their responsibility to bring it to the attention of their supervisor. Supervisors are responsible to ensure employees maintain their time records accurately. Reporting false information is a crime and shall result in disciplinary action up to and including immediate termination. Overtime and Compensatory Time for Non -Exempt Employees The City Council considers and approves projected overtime expenses in the annual budget process. Department directors and division managers must manage overtime costs in accordance with their budget and exceptions must be communicated in writing to the city administrator. Overtime All employees may be required to work overtime as requested by their supervisor. Refusal to work overtime as requested may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. All overtime must be authorized in advance by the employee's supervisor. An employee who works overtime without prior approval may be subject to disciplinary action. Non- exempt employees (eligible for overtime pay) are not authorized to take work home or work through lunch without prior approval from their supervisor. The city complies with applicable state and federal laws governing accrual and use of overtime. Only employees to whom the overtime provisions of the state and/or the federal FLSA apply are required to be compensated for overtime work. The city administrator and human resources manager will determine whether each employee is "exempt" or "non- exempt" in accordance with federal law. Overtime eligible (non-exempt) employees will be compensated at the rate of one and one-half times their base hourly rate for hours worked over 40 in one workweek. However, non-exempt employees employed in fire protection or law enforcement activities may be paid overtime based on the 7(k) exemption as defined by the FLSA (29 U.S.C. § 207(k)). Vacation time, compensatory leave hours taken, holiday time off (pursuant to the Holidays policy below), bereavement, and sick and ESST leaves generally will count toward "hours worked" for non-exempt employees. Compensatory Time Overtime compensation will be paid for overtime hours, unless the employee and rage 10181 Page 164 of 447 department director mutually agree in advance of performance of the work that the overtime will be banked as compensatory time in lieu of overtime compensation. Employees may request and use compensatory time off in the same manner as other leave requests. Compensatory time must be marked as such on timesheets, both when it is earned and used. Overtime hours not specified as compensatory time will be paid with overtime compensation. Finance maintains compensatory time records. Employees may accumulate and "bank" up to 40 hours of compensatory time. As compensatory time off is utilized, additional compensatory time may be banked, not to exceed 40 hours. Overtime earned after 40 hours of banked compensatory time will be paid at the overtime rate. No more than forty (40) hours of compensatory time may roll over from one calendar year to the next. Upon termination of employment, employees will be paid for all accrued but unused compensatory time. Call Back Pay Employees called to work on an unscheduled or emergency basis shall receive a minimum of two (2) hours overtime pay for returning to their designated work location and performing duties associated with the event requiring the call-back. Call Backs resulting in work beyond two (2) hours will be paid according to the actual time worked by the employee calculated to the nearest 15-minutes at regular or overtime pay depending on the number of hours worked for the week. Employees who can respond to a Call Back remotely without returning to their designated work area using electronic means to address problems/concerns will be compensated with 15-minutes of pay at regular or overtime pay depending on the number of hours worked for the week. Extended or continual problems/concerns resulting in excessive remote monitoring will be evaluated for compensation by the supervisor and administration. Overtime pay for holidays is explained in the Hoiidayssection of this manual. On -Call Pay Employees may be assigned by the city to respond on short notice to render service outside of their regularly scheduled work shift. Wastewater operators in an on -call status must carry the city -issued Pad (or compatible smart phone) to perform diagnostic review of alarm conditions, report to and perform required duties on the wastewater system on Saturday, Sunday, and paid holidays that fall within their assigned week. Establishment of an on -call schedule shall be at the discretion of the supervisor based on the needs of the city. Scheduled on -call time shall be distributed as equally as practicable. Page I I 1 61 Page 165 of 447 On -call schedules shall be posted in the workplace at least two (2) weeks prior to initiation of the on -call schedule. The weekly on -call period begins and ends on Monday mornings at 8:00 a.m. Expectations of employees on call: ■ Employees shall be available for response outside of scheduled work hours when in an on -call status. ■ Wastewater employees in an on -call status shall report to work within thirty (30) minutes of phone call attempt from their supervisor, emergency dispatch, or from an alarm condition reported through an electronic control monitoring program. ■ Non -wastewater employees in an on -call status shall report to work within forty-five (45) minutes of phone call attempt from their supervisor, emergency dispatch, or from an alarm condition reported through an electronic control monitoring program. ■ Employees shall be prohibited from chemical impairment when in an on -call status. Chemical impairment is defined as a mental or physical state which would be illegal to operate a vehicle or equipment consistent with the position description. ■ Employees may request vacation or compensatory time off when on -call with prior supervisor approval and are responsible for finding another employee to assume their shift. ■ In the event of an unforeseen circumstance (family emergency, accident, etc.) which prevents an on -call response, the employee shall notify his/her supervisor as soon as reasonably possible. o An employee missing an on -call response shall be removed from on -call status until his supervisor is properly notified by the employee of his/her availability to return to on -call status. Employees assigned to positions within a collective bargaining unit shall receive on -call pay in accordance with the articles listed within their respective labor agreements. Non- exempt employees in positions outside of a collective bargaining unit shall receive on -call pay in accordance with the Compensation Plan for Non -Organized Employees. Employees failing to respond as detailed above while in a paid on -call status will not receive on -call pay for that day and will be subject to discipline. When an on -call employee, through notice as detailed above, returns to work and/or renders service on behalf of the city, they shall be compensated in accordance with the Call -Back Pay policy as defined above. Staffing Inventory Supervisors may contact employees to determine potential availability for a future unscheduled work shift. A positive response to availability does not commit employees to respond. This staffing inventory is a voluntary response, not a commitment to availability. Page 12181 Page 166 of 447 In the event an employee responds positively and is later unable to respond, supervisors have no remedy for discipline or retaliation. Time off for Exempt Employees Positions classified as Exempt do not qualify for overtime compensation per the FLSA. Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors, the city administrator, and the City Council. Generally, to meet these expectations, an exempt employee is often required and expected to work more than forty (40) hours per week. Exempt employees are required to use paid leave when on personal business or away from the office for a significant part of the workday. Based on supervisor's discretion, absences of a few hours do not require the use of paid leave as it is presumed that the employee works more than 40 hours per week. Exempt employees who receive banked holiday hours shall request their holiday time off in advance of the time being taken off. If an exempt employee is regularly absent from work under this policy and it is found there is excessive time away from work that is not justified, the situation will be handled as a performance issue. If it appears that less than forty (40) hours per week is needed to fulfill the position's responsibilities, the position will be reviewed to determine whether a part-time position will meet the needs of the city. Additional notification and approval requirements may be adopted by the city administrator for specific situations as determined necessary. Report of Employee Information Changes The city attempts to maintain complete and accurate employee information and complies with data privacy laws. It is important that your permanent personnel records are kept accurate and up to date. Immediately notify Human Resources when there is a change in any of the following: ■ Name (through marriage or otherwise) ■ Address ■ Marital status ■ Number of children ■ Beneficiaries for life insurance and retirement ■ Telephone number ■ Person to contact in case of emergency ■ Other changes which may affect benefits coverage Many changes can and should be made by the employee directly in the Human Resources Information System. Page 13 181 Page 167 of 447 Performance Appraisals Performance appraisals are an opportunity for employees, supervisors, and the city to assess employee job performance. The performance appraisal system is designed to: ■ Ensure that quality services are provided to the public at the least possible cost. ■ Motivate and develop employees to their fullest potential. ■ Clarify roles and mutual expectations of supervisors and employees. ■ Promote open and ongoing communication between employees at all levels, including feedback from subordinates to supervisors. ■ Assist in determination of whether employees are meeting the established performance standards for their position. Performance appraisals generally will be maintained in the employee's electronic personnel file. Immediate supervisors will conduct performance appraisals annually and may conduct formal or informal performance appraisals more frequently if necessary or prescribed by the city administrator or the department director. The performance appraisal usually will be in writing and must be acknowledged by the employee and supervisor. Acknowledgement of the performance appraisal document by the employee recognizes that the review has been discussed with the supervisor and does not necessarily constitute agreement. Failure to acknowledge the document by the employee will not delay processing. Employees do not have the right to change or grieve their performance appraisal but may submit a written response which will be included in the employee's profile. Attendance Every employee has an important role in maintaining a productive workplace. Therefore, it is essential that all employees report to work every day as scheduled. Unsatisfactory attendance, including reporting late to work and leaving work early may result in disciplinary action up to and including discharge. If an employee must be absent from work for any reason, other than approved time off, s/he must notify his/her immediate supervisor at least thirty (30) minutes prior to the start of his/her normal working hours. If an emergency prevents the employee from notifying his/her supervisor at such time, the employee must call his/her immediate supervisor as soon as possible during the workday. Rest/Meal Break Employees shall receive a paid rest break of fifteen (15) minutes or enough time to use the nearest restroom, whichever is longer, away from job duties on one occasion during each four (4) hour work shift. Employees scheduled to work six (6) or more hours per shift are allowed to take a half - Page 14181 Page 168 of 447 hour unpaid meal break. Employees scheduled to work eight (8) or more hours per shift are required to take a half- hour, unpaid meal break. Meal and rest breaks shall be taken mid -shift; not at the start or end of a shift. Employees of Northbound and Westbound Liquor are required to stay "on duty" in the building and be reachable by other employees should their assistance be required during their break. In consideration of this, Northbound and Westbound Liquor employees are paid during their break time. Employment of Relatives All employees are hired as the most qualified candidate based on qualifications, skills, and ability. Employment is not restricted to more than one member of a family (including spouse, children, parents, siblings, in-laws, or other immediate relative). No family member will be hired where: ■ One family member would have the authority or practical power to supervise, appoint, remove, or discipline the other. ■ One family member would be responsible for auditing the work of the other. ■ Circumstances exist which would place the family member in a situation of actual or reasonably foreseeable conflict between the city's interests and their own. ■ The family member has a relative employed by an organization with whom the city has business dealings and in the city's judgment the position and job responsibilities of both the employee and family member would create an appearance of improper influence or favor or would jeopardize the confidentiality of data maintained by the city. Supplemental Employment Elk River does not restrict employees from engaging in outside employment. However, regular, full-time employees are expected to consider city work their primary employment. Employees may not engage in outside employment that interferes with the performance of one's city duties, that represents a conflict of interest, or that may influence or bias an employee's job -related decision -making ability. The city will not adjust work hours to facilitate the scheduling of outside employment. If a supervisor believes an employee's outside employment is detrimental to the city and his/her position, the employee may be asked to discontinue the outside employment. If an employee is asked to discontinue outside employment and fails to do so, s/he may be subject to discipline up to and including termination. Page 15181 Page 169 of 447 Separation from Employment Resignation The purpose of proper notice is to ensure an orderly transition of responsibilities and open work items. Holidays or the use of vacation, sick/ESST, or compensatory time may only be approved by the city administrator to be considered proper notice. Employees are not eligible for pay increases after resignation notice has been given. With proper notice, the employee will be compensated for any accrued, unused vacation time. If eligible, s/he may also be compensated for a portion of banked sick/ESST leave as stated in the Severance Pay Section of this policy manual. Proper notice must be submitted in writing to the employee's supervisor. Employees working a typical Monday through Friday schedule must provide notice at least ten (10) working days prior to the separation date. Department directors must provide a twenty (20) working day notice. Employees working a shift schedule that may include weekends and evenings shall provide a fourteen (14) calendar day notice. Non-exempt employees will be compensated for any accrued but unused compensatory time as of the date of separation. An unauthorized absence from work for a period of three (3) or more working days may be considered a resignation without proper notice. Failure to comply with this notice procedure may be considered reason for denying an employee future employment with the city. Termination Employees terminated from employment have no right or expectation of payment of accrued vacation, sick/ESST, and/or holiday leave time. Retirement Employees who retire from employment must follow the Resignation policy above and may be eligible for retirement programs as provided by state or federal law. Layoffs The City Council has the authority to lay off any employee when such action becomes necessary as determined in the city's sole discretion. The city will attempt to provide a ten (10) working day notice prior to a layoff. Severance Pay A regular full-time or regular part-time employee resigning employment may be eligible for a cash payment for a portion of unused sick leave. For this section, sick leave is the combination of an employee's sick leave bank and Earned Sick and Safe Time (ESST) bank. rage ibIoi Page 170 of 447 To receive a severance payout, the following conditions shall be met: • The employee must be a regular full-time or regular part-time employee; and • The employee must leave in good standing, not terminated by the city; and • S/he must provide proper notice of resignation as stated above (with city administrator discretion); and • S/he must execute a release of claims. Payment shall be based on the consecutive years of leave -eligible service completed by the employee with the City of River and his/her accrued sick/ESST leave balance. Payment shall be at the rate of pay when the resignation is submitted. For Employees hired before August 8, 2023, and completing two (2) years of consecutive service, the severance payment is calculated at fifty percent (50%) of the accumulated sick/ESST leave balance up to a maximum paid of four hundred eighty (480) hours. Employees hired August 8, 2023, or later, and completing five (5) years of consecutive service, will receive a payout as outlined below: 5-9 consecutive years of service 40% of up to 960 hours 10 or more consecutive years of service 50% of up to 960 hours An employee eligible for Severance Pay as noted above and eligible for PERA benefits will receive payout as outlined below. 15-19 consecutive years of service 60% of up to 960 hours 20-24 consecutive years of service 65% of up to 960 hours 25-29 consecutive years of service 70% of up to 960 hours 30-32 consecutive years of service 75% of up to 960 hours 33 or more consecutive years of service 80% of up to 960 hours Accumulated leave more than nine hundred sixty (960) hours is not eligible for a severance payment. Due to unforeseen circumstances and in his/her sole discretion, the city administrator may grant exceptions to provide partial payout prior to five (5) years of service. Exit Interviews Human Resources shall conduct a brief interview with each employee separating from city employment. The interview seeks to identify employee morale trends triggered by policy concerns, management/communication gaps, workload levels, and the general workplace environment. Page 17181 Page 171 of 447 Leave Benefits The city and state and federal law provides leaves of absence according to the following policies. A Leave Requestform must be completed for foreseeable leaves other than vacation. Forms are available on AccessE/kRiveror from Human Resources. When possible, advance notice of a leave should be provided to the employee's department director so work schedules can be adjusted accordingly. Many types of leave below have notice requirements. It is the employee's responsibility to review these policies and follow the notice requirements. Notice is not considered given until a Leave Requestform has been submitted. Not all types of leave are compensated. Employees taking FMLA leave are required to take vacation, sick, ESST, or compensatory time concurrently, unless they are also taking MN Paid Leave. An employee will need to meet the requirements of each form of leave separately and all eligible leaves will run concurrently, as allowed by law. Leave requests will be evaluated on a case -by -case basis. Employees shall record worked hours or use only one type of paid leave for each scheduled work hour. Time off without pay is not allowed outside of the leave policies below. Except as otherwise stated, all paid time off taken under any of the city's leave programs must be taken concurrently, or, when allowed by law, consecutively, with no intervening unpaid leave. The city will provide employees with time away from work as required by state or federal statutes if there are requirements for such time off that are not described in the personnel policies. The city will not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting leave rights in accordance with these policies. Vacation Leave Paid vacation leave is provided for regular, full-time employees and on a prorated basis for eligible part-time employees. To be eligible, part-time employees must work a set schedule with a minimum of forty (40) hours per biweekly pay period. Most temporary, seasonal, and part-time employees are not eligible for vacation benefits. Vacation leave is accrued based on consecutive years of leave -eligible service. To determine an employee's vacation accrual rate, years of service will include all continuous time the employee has worked at the city in a position that is eligible for paid leave (including authorized unpaid leave). Employees who are rehired after terminating city employment will not receive credit for their prior service unless specifically negotiated at the time of hire. Leave -eligible employees hired before December 31, 2020, may carry more than 240 hours Page 18181 Page 172 of 447 of vacation leave during a year but may not carry more than 240 hours forward to the next calendar year. Employees hired after January 1, 2021, shall accrue 120 working hours per year at the start of eligible employment through the completion of their ninth (911) year. Effective August 8, 2023, these employees may not carry more than 120 hours forward to the next calendar year but may carry more than 120 hours during a year. Employees with fewer than eight (8) years of service as of January 1, 2021, who elected to reduce their annual carryover rate in return for the reduced annual accrual may carry more than their annual accrual amount of vacation leave during a year but, effective August 8, 2023, may not carry more than their annual accrual amount forward to the next calendar year. For the purpose of this policy, annual accrual amount is defined as the Accrual Rate hours listed below that reflect the Length of Service of the employee at the end of the calendar year. Employees accrue vacation leave at the following rates with the exception of 2021 and later hires and eligible employees who have requested and acknowledged the new accrual and carry-over rate: From start of eligible employment through completion of the 511 year 88 working hours per year Beginning of the 611 year through completion of the 711 year 112 working hours per year Beginning of the 811 year through completion of the 911 year 120 working hours per year Beginning of the 1011 year through completion of the 11 th year 128 working hours per year Beginning of the 1211 year through completion of the 13th year 136 working hours per year Beginning of the 14th year through completion of the 15th year 144 working hours per year Beginning of the 16th year through completion of the 17th year 152 working hours per year Beginning of the 18th year 160 working hours per year Page 1916 Page 173 of 447 Beginning of the 1911 year Beginning of the 2011 year Beginning of the 21 sl year Beginning of the 22nd year through completion of the 2411 year Beginning of the 25th year and thereafter 168 working hours per year 176 working hours per year 184 working hours per year 192 working hours per year 200 working hours per year Vacation leave requires supervisor approval. Employees may not use vacation leave during their Orientation Period unless authorized by the city administrator. Employees taking more than two (2) consecutive weeks of vacation or a combination of vacation and compensatory time must obtain prior approval from the city administrator. The city will make every effort to grant vacation time as requested but reserves the right to deny or approve vacation schedules. 40/40/40 Vacation Payout Option Employees may request a one-time per year payout of forty (40) hours of accumulated vacation after taking at least forty (40) hours of vacation leave provided that after the reduction of the eighty (80) hours the employee retains a minimum vacation balance of forty (40) hours. The irrevocable election to take the 40/40/40 option must be made by the end of the calendar year prior to taking the vacation. The vacation payout will occur following a valid written request by the employee indicating the above criteria have been met or the second pay day in November of each year, whichever comes first. Sick Leave Employees hired before January 1, 2025, may have a bank of sick leave. Leave time is no longer being accrued into sick banks. Sick leave is not a privilege or vested right that an employee may use at his/her discretion. Eligible employees may use sick leave only for the following: ■ When an employee is unable to perform work duties due to illness or disability (including pregnancy). ■ For medical, dental, or other care provider appointments. ■ When an employee has been exposed to a contagious disease of such a nature that his/her presence at the workplace could endanger the health of others. ■ To care for the employee's injured or ill children, including stepchildren or foster children, for such reasonable periods as the employee's attendance with the child may be necessary. ■ To take children, or other family members to a medical, dental, or other care Page 20181 Page 174 of 447 provider appointment. To care for an ill family member for such reasonable periods as the employee's attendance may be necessary. For the purpose of this section, family member is defined as the employee's stepchild, biological, adopted or foster child, spouse, parent, and stepparent. Employees must notify their immediate supervisor at least thirty (30) minutes before the start of their regular start time if s/he intends to be absent from work. If an emergency prevents the employee from notifying the immediate supervisor, s/he must contact the immediate supervisor as soon as possible during the workday. Employees are required to keep their immediate supervisor informed of their anticipated return to work. Employees are responsible to ensure sick time usage is recorded in the timekeeping system as soon as practicable but no later than the end of the pay period in which the time was taken. After an absence, a physician's statement may be required on the employee's first day back to work, indicating the nature of the illness or medical condition and attesting to the employee's ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation. Any work restrictions must be stated clearly on the return -to -work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. Sick leave may be denied for any employee required to provide a doctor's statement until such a statement is provided. The city has the right to obtain a second medical opinion to determine the validity of an employee's workers' compensation or sick leave claim, or to obtain information related to restrictions or an employee's ability to work. The city will arrange and pay for an appropriate medical evaluation when it is required by the city. An employee attempting to use sick time for reasons other than those explicitly permitted in this policy will be subject to disciplinary action up to and including termination. A doctor's note shall be required if an employee is absent more than two (2) days or if abuse of sick leave is suspected. In some circumstances, an employee may be requested to submit to a medical examination by a physician or medical facility licensed to practice medicine. In such a circumstance, the city may select the physician and facility that will conduct the examination. Earned Sick and Safe Time Leave Earned Sick and Safe Time (ESST) is paid leave that can be used for certain reasons, including when an employee is sick, to care for a sick family member, when work or a child's school is closed, or to seek assistance if an employee or their family member has experienced domestic abuse, sexual assault, or stalking. This specific leave applies to Page 21 1 81 Page 175 of 447 employees (including temporary and part-time employees) performing work for the city for at least 80 hours in a calendar year. Paid On -Call Firefighters and elected officials or someone appointed to fill an elected office vacancy are not eligible. Accrual of ESST Beginning January 1, 2025, Minnesota law requires all leave time provided to employees for personal illness or injury to be available for use as ESST. Regular, full-time and part- time employees no longer accrue time into sick banks and accrue ESST at a rate of eight (8) working hours for each calendar month, prorated for regular part-time employees. (Employees with more than 960 hours of Sick and ESST, see Sick and ESST Bank Balances for Regular Employees below.) To be eligible as a regular part-time employee, employees must work a set schedule with a minimum of forty (40) hours per biweekly pay period. For all non -regular employees, ESST is earned at the rate of one hour for every 30 hours worked, up to a maximum of 48 hours earned per calendar year with a maximum bank balance of 80 hours. The hourly rate of ESST is the same hourly rate an employee earns from employment with the city. ESST may begin accruing at the beginning of employment although employees may not use ESST until they have worked 80 hours. Unused ESST is not paid out at the end of employment except as provided under Severance Pay above. ESST may be used as it is accrued in the smallest increment of time for which employees are paid. For employees recording work hours on a timesheet, ESST may be used in 15 minute increments. For employees punching in and out on a kiosk, ESST may be used for the time lost in your scheduled shift. An employee may use accrued ESST for the following reasons: ■ an employee's: o mental or physical illness, injury, or other health condition; o need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; o need for preventive medical or health care; or o need to make arrangements for or attend funeral services or a memorial, or address financial or legal matters that arise after the death of a family member; ■ care of a family member: o with a mental or physical illness, injury, or other health condition; o who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or other health condition; or o who needs preventive medical or health care; absence due to domestic abuse, sexual assault, or stalking of the employee or Page 22181 Page 176 of 447 employee's family member, provided the absence is to: o seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking; 0 obtain services from a victim services organization; 0 obtain psychological or other counseling; o seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking; or o seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking; closure of the employee's place of business due to weather or other public emergency or an employee's need to care for a family member whose school or place of care has been closed due to weather or other public emergency; the employee's inability to work or telework because the employee is: o prohibited from working by the employer due to health concerns related to the potential transmission of a communicable illness related to a public emergency; or o seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and such employee has been exposed to a communicable disease or the employee's employer has requested a test or diagnosis; and when it has been determined by the health authorities having jurisdiction or by a health care professional that the presence of the employee or family member of the employee in the community would jeopardize the health of others because of the exposure of the employee or family member of the employee to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease. For the purposes of this subdivision, a public emergency shall include a declared emergency as defined in MN Statute Section 12.03 or a declared local emergency under MN Statute Section 12.29. ESST may be used for the following family members: ■ an employee's: o child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis; o spouse or registered domestic partner; o sibling, stepsibling, or foster sibling; o biological, adoptive, or foster parent, stepparent, or a person who stood in loco parentis when the employee was a minor child; o grandchild, foster grandchild, or step grandchild; o grandparent or step grandparent; o a child of a sibling of the employee (niece or nephew); Page 23181 Page 177 of 447 o a sibling of the parents of the employee (aunt or uncle); or o a child -in-law or sibling -in-law; a spouse or registered domestic partner's family members as listed above; any other individual related by blood or whose close association with the employee is the equivalent of a family relationship; and up to one individual annually designated by the employee. Required Notices If the need for the use of ESST is foreseeable, the employee must provide notice at least seven (7) days in advance of the use of the leave. Notice shall be provided by making the request through the employee's time management or HRIS system, or for extended leave, by completing a Leave Requestform. Employees who punch in and out using a kiosk or timeclock shall provide written notice directly to their supervisor specifically identifying the use of ESST. If the need is unforeseeable, the employee must provide notice as soon as practicable. If possible, employees must notify their immediate supervisor at least thirty (30) minutes before the start of their regular start time if s/he intends to be absent from work. If an emergency prevents the employee from notifying the immediate supervisor, s/he must contact the immediate supervisor as soon as possible during the workday. Employees are required to keep their immediate supervisor informed of their anticipated return to work. Employees shall follow notice requirements for the use of sick time set forth in union contracts if different from the requirements above. Employees are responsible to ensure ESST time usage is recorded in the timekeeping system as soon as practicable but no later than the end of the pay period in which the time was taken. When an employee uses ESST for more than two consecutive workdays, the employee shall provide appropriate supporting documentation (such as medical documentation supporting medical leave, court records or related documentation to support safety leave). However, if the employee or employee's family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, ESST for a qualifying purpose. The city will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee's or the employee's family member's medical condition. In accordance with state law, the city will not require an employee using ESST to find a replacement worker to cover the hours the employee will be absent. Employees may volunteer to seek a replacement worker or trade shifts to cover their ESST absence. Carry Over of ESST Employees will carry over accrued but unused ESST into the following calendar year. Accrued but unused ESST shall never exceed 80 hours for non -regular employees. Page 24181 Page 178 of 447 Retaliation Prohibited The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting ESST rights, requesting an ESST absence, or pursuing remedies. Further, use of ESST will not be factored into any attendance point system the city may use. Additionally, it is unlawful to report or threaten to report a person or a family member's immigration status for exercising a right under ESST. Benefits and Return to Work During an employee's use of ESST, an employee will continue to receive the city's employer insurance contribution as if they were working, and the employee will be responsible for any share of their insurance premiums. An employee returning from time off using accrued ESST is entitled to return to work at the same rate of pay received when their leave began, plus any automatic pay adjustments that may have occurred during the employee's time off. Seniority during ESST absences will continue to accrue as if the employee has been continually employed. When there is a separation from employment with the city and the employee is rehired again within 180 days of separation, previously accrued ESST that had not been used or paid out will be reinstated. An employee is entitled to use and accrue ESST at the commencement of reemployment. Sick and ESST Bank Balances for Regular Employees Total leave banked as sick leave and ESST will be checked on the last pay day in October of each year. If Employee is at or over 960 accrued hours, they will begin accruing leave at the rate of eight (8) days per year on the first pay day in November. • If Employee is under 960 accrued hours, they will remain accruing at the rate of twelve (12) days per year. When balances are checked on the last pay day in October the following year, employees accruing at the eight (8) days per year rate shall have one-half (1 /2) of the previous year's accrued hours paid into Employee's Post Employment Health Care Savings Plan (PEHCSP) and the remaining half will remain in the employee's sick leave bank. (i.e.: If you begin the year at the eight (8)-day accrual rate half of your year's accrual will be paid into your PEHCSP at the end of the year and the other half will remain in your bank.) If the balance is below 960 when checked the following year, the employee returns to the twelve (12) days per year accrual rate. Employees are not eligible for PEHCSP payment when accruing at the twelve (12) days per year rate and all unused accrued hours remain in their bank. Page 25181 Page 179 of 447 If the balance is at or above 960 when checked, the employee will move to or remain in the eight (8) day per year accrual plan. There is no limit on the amount of accrued sick/ESST leave that can be accumulated and carried forward from one year to the next. Holiday Leave I Sick Leave Donation policy has been removed. Regular, full-time employees are eligible to receive pay for the following holidays: ■ New Year's Day ■ Martin Luther King, Jr. Day ■ Presidents Day ■ Memorial Day ■ Juneteenth ■ Independence Day ■ Labor Day ■ Veterans Day ■ Thanksgiving Day ■ Friday after Thanksgiving ■ Christmas Eve ■ Christmas Day Regular part-time employees will receive paid holidays on the same basis as regular full- time employees, except that holiday pay will be pro -rated according to the number of hours worked. To be eligible, part-time employees must work a set schedule with a minimum of forty (40) hours per biweekly pay period. Most temporary and seasonal employees are not eligible for holiday pay. For employees working a Monday through Friday workweek, holidays occurring on Saturday are observed the preceding Friday and holidays occurring on Sunday are observed on the following Monday. When a holiday falls during an employee's vacation or sick leave, the employee will not be charged with vacation or sick leave for the holiday hours; the hours will be considered holiday leave. Although the city prefers that employees enjoy the observed holidays, emergencies may arise. If a non-exempt employee is required by his/her supervisor to work on an actual holiday, the hours worked (in addition to holiday pay) shall be paid as follows: 1. Regular non-exempt full-time and regular non-exempt part-time employees (excluding employees to which #2 below applies) scheduled for or called in to work on the actual holidays listed above shall receive one and one-half the employee's regular rate of pay in addition to the holiday pay. 2. Holiday benefit -earning liquor store and FT Center employees (excluding senior activity center employees) will be given a bank of holidays (8 hours for each recognized holiday) to use throughout the year. Holidays not used will be paid to the employee on the first pay day in December of each year. Holidays to be used in December shall be requested and approved no later than November 15. Employees Page 26181 Page 180 of 447 will not receive one and one-half the employee's regular rate of pay if working on a holiday. 3. Employees performing emergency or mission critical snow removal shall be paid double time for hours worked on a holiday. For the purpose of this section, the additional pay applies on the actual holiday if different from the day observed by the city. 4. Firefighters shall be paid double time for emergency response and scheduled Fire Watch hours worked on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve and Christmas Day. 5. If scheduled to work on the actual holiday listed above, non -holiday benefit eligible part-time, seasonal, or temporary employees shall be paid at 1.5 times their regular rate of pay. Community Event Center non -holiday benefit eligible part-time, seasonal, or temporary employees shall also be paid at 1.5 times their regular rate for working on Easter. Minnesota Paid Leave The city provides time off to eligible employees who qualify for Minnesota Paid Leave (MNPL) benefits under Minnesota law. The city of Elk River is a participant in the MetLife Paid Leave program. MNPL benefits are funded through premium contributions payable to MetLife. The premium cost will be split between the city and employee as follows: The city of Elk River will pay 50% of the required premium and employees will pay 50% of the premium cost through payroll deductions starting January 1, 2026. Eligibility Eligibility determinations for MNPL benefits are made by MetLife. Generally, to be eligible for MNPL, you must: • Work at least 50% of the time from a location in Minnesota, including employees who work from home or spend time in other states occasionally. • Meet the financial eligibility requirements by having earned over a specific amount of wages as defined by Minnesota law at the time of your requested leave. Benefit Amount An employee's weekly MNPL benefits are calculated and determined by the Minnesota Department of Employment and Economic Development (DEED). Leave Entitlement and Usage MetLife may approve MNPL leave for the following conditions in a benefit year: • Up to 12 weeks of medical leave (for yourself) to take care of yourself for a serious health condition, including pregnancy, childbirth, recovery, or surgery. Up to 12 weeks of family leave to: o Bond with a child through birth, adoption, or foster placement o Care for a family member with a serious health condition o Support a military family member called to active duty Page 27181 Page 181 of 447 o Receive covered types of care for yourself or a family member because of domestic abuse, sexual assault, or stalking You can take both types of leave in the same year, but you cannot exceed 20 weeks total within a single benefit year. For example, an employee may be entitled to 12 weeks of family leave to bond with a child and another 8 weeks of medical leave for their serious health condition. Your benefit is a rolling 12-month period measured backward from the first day you take Paid Leave. There is no waiting period for MNPL if you are granted the benefit. MNPL Intermittent Leave Employees may apply for intermittent leave in most cases, provided the leave is reasonable and appropriate to the needs of the individual requiring care. A) Eligibility In addition to the other eligibility requirements under the MN Paid Leave law, employees seeking intermittent leave must have at least eight hours of accumulated leave (unless more than 30 days have lapsed since taking the initial leave). B) Notice In situations where employees seek MNPL on an intermittent basis, employees must make a reasonable effort to provide written notice to the human resources manager of the need for intermittent leave before applying for MNPL benefits through MetLife. As part of the notice, employees must provide the city with the following: 1) proposed intermittent leave schedule; and 2) a completed certification from a health care provider identifying the leave as necessary and a reasonable estimate of the frequency and duration and treatment schedule for the leave. C) Increments of Leave & Maximum Number of Hours Employees may take intermittent leave in increments of one hour. If eligible for intermittent leave, the city allows a maximum of 480 hours of intermittent leave in any 12- month period. After reaching the maximum amount of allowed intermittent leave, employees may request continuous MNPL provided the continuous leave does not exceed the maximum amount of MNPL allowed by law. Definitions Family member includes: o Spouse or partner o Child (including biological, adopted, step, or foster children, or a child you raise even if you are not legally related) o Parent or person who raised you o Sibling o Grandchild or grandparent Page 28181 Page 182 of 447 o In-laws (including son, daughter, father, or mother) o Anyone close to you who depends on you like family, even if not related by blood • A serious health condition means a physical or mental illness, injury, impairment, condition, or substance use disorder. Taking care of yourself for this serious condition may involve evaluation, treatment, inpatient care, recovery, or not being able to perform regular work, attend school, or do regular daily activities. This includes childbirth, conditions related to pregnancy, or surgery. Notice Prior to starting a claim with MetLife, employees need to notify their supervisor of their intent to take leave and complete a Leave Request, which can be found on Access Elk River. If the need for leave is foreseeable, employees must provide at least 30 days' notice prior to taking leave. The employee must notify the supervisor and human resources as soon as practicable if the dates of scheduled leave change, are extended, or were initially unknown. If the leave is not foreseeable you will still be able to take leave under MNPL and we ask that you provide as much notice as possible. How to Apply for Minnesota Paid Leave After the above Notice requirement has been met, you may apply for MNPL through our third -party administrator MetLife. (Notifying your employer first is a requirement of MNPL law.) Instructions on filing a claim can be found on Access Elk River or on your Benefits & HR Info page in UKG. Interaction with Other Laws and Benefits MNPL will run concurrently with any leave and/or wage supplement for which you may be eligible for under local, state, or federal law, or city policy which may include: Family and Medical Leave Act (FMLA), Minnesota Women's Economic Security Act (WESA) pregnancy and parenting leave, and Workers' Compensation. The city offers short-term disability (STD) and long-term disability (LTD) that may run concurrently and require their own filing requirement pursuant to the terms of the STD and LTD policies. Please see the applicable plan policy for more information. STD and LTD payments may be reduced, pursuant to the terms of their policy, as a result of receiving MNPL. Supplementing MNPL Benefits with Accrued Paid Leave If you are receiving MNPL benefits, the city allows you to supplement, or "top off," your MNPL benefits with any accrued but unused paid leave. If you choose to supplement your MNPL benefits in this way, the combined weekly sum of MNPL benefits and city -provided paid leave benefits cannot exceed your Individual Average Weekly Wage (IAWW). For more information, contact the human resources department. Page 29181 Page 183 of 447 Maintaining Health Coverage During Leave Unless the employee revokes coverage while on MNPL, the city will continue to provide group health insurance coverage for an employee on MNPL under the same conditions as the coverage was provided before the employee took leave. You must continue to make timely payments of your share of the premiums for such coverage. If you are not using paid time off to cover part or all the leave, you will be responsible for remitting your portion of health premiums to the city to ensure continuation of benefits. Group health insurance may be cancelled if an employee's premium payment is 30 days late. Before terminating coverage, the city will provide written notice to the employee at least 15 days before the coverage is terminated listing the final date payment is due (30 days past the due date) to avoid cancellation and the date coverage will end if payment is not received. An employee's share of premium payments for their group health insurance coverage may be: 1. prepaid at or before the start of the leave. There are limitations to this when the leave occurs in two calendar years. 2. paid monthly to the city by check. Coverage that lapses due to nonpayment of premiums will be reinstated immediately upon return to work without a waiting period. Reinstatement Upon return from covered MNPL, you will be reinstated to your previous position or to an equivalent position, with the same status, pay, employment benefits, length -of -service credit, and seniority credit as of the date of leave as long as you have worked for the city for a minimum of 90 calendar days. Upon return to work, if it becomes evident that the employee is unable to perform the key essential functions of their position (with or without reasonable accommodation), the city may engage in an interactive process, consistent with the American with Disability Act (ADA) and/or Minnesota Human Rights Act (MHRA) and other applicable workplace policies, including workplace safety protocols, to determine appropriate next steps. Retaliation The city will not interfere or retaliate against employees who request or takes leave in accordance with the MN Paid Leave law. Family and Medical Leave (FMLA) The city shall determine whether leave is FMLA-qualified. An employee cannot choose to opt out of FMLA leave given a qualifying event. Employees meeting the following conditions qualify for FMLA leave: Page 30181 Page 184 of 447 Have worked for the city for 12 months (or 52 weeks) prior to the date the leave is to commence. The 12 months or 52 weeks need not have been consecutive; however, the city will not consider any service 7 years prior to the employee's most recent hire date. Have worked at least 1,250 hours during the 12-month period prior to the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be counted in determining the 1,250 hours eligibility test for an employee under the Family and Medical Leave Act (FMLA). Leave will be granted to all eligible employees for any of the following reasons: ■ The birth of a child, including prenatal care, or placement of a child with the employee for adoption or foster care. ■ To care for a spouse, child, or parent who has a serious health condition. ■ Due to a serious health condition that makes the employee unable to perform the essential functions of the position. ■ A covered military member's active duty or call to duty, or to care for a covered military member (Military Caregiver and Qualified Exigency Leave, described below). Definitions Caring - Psychological as well as physical care. It also includes acquiring care and sharing care duties for a covered family member. Eligible child - biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age or who is 18 years of age or older and incapable of self -care because of a mental or physical disability. Spouse - Spouse means a husband or wife as defined or recognized in the state where the individual was married, including in a common law marriage or same -sex marriage. Eligible parent - Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. This term does not include "parents -in-law." Serious Health Condition - As defined under the FMLA means an illness, injury, impairment, or physical or mental condition that involves one of the following: ■ Period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility. ■ Period of incapacity due to pregnancy, prenatal medical care, or childbirth. ■ Period of incapacity of more than three consecutive calendar days that also involves continuing treatment by or under the supervision of a health care provider Page 31 1 81 Page 185 of 447 (Absence plus treatment). Incapacity from a chronic condition which requires periodic visits for treatment by a health care provider continues over an extended period and may cause episodic rather than a continuing period of incapacity. Permanent/long-term conditions requiring supervision. Period of absence to receive multiple treatments (including any recovery period therefrom) by a health care or service provider under orders of, or on referral by, a health care provider. Length and Amount of Leave The length of FM LA leave shall not exceed twelve (12) weeks in any twelve (12) month period. The leave year is calculated on a rolling year basis measured backwards from the time the employee uses leave. The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12) months after the birth or placement of that child. How Leave May be Taken FMLA leave may be taken in consecutive weeks, intermittently (a day periodically as needed), or may be used to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of twelve (12) work weeks. Intermittent leave may be taken when medically necessary for the employee's serious health condition or to care for a seriously ill family member. Intermittent leave must be documented in the medical certification form as medically necessary. If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment, the employee must make a reasonable effort to schedule the treatment to not disrupt the city's business. In instances when intermittent or reduced schedule leave for the employee or employee's family member is foreseeable or is for planned medical treatment, including recovery from a serious health condition, the city may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule. Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed adopted or foster care child only with the city's approval. Notice All employees requesting FMLA leave must provide written or verbal notice of the need for the leave to the employee's supervisor and human resources. When the need for the leave is foreseeable, the employee must give verbal and written Page 32181 Page 186 of 447 notice to his/her supervisor at least thirty (30) days prior to the date on which leave is to begin. If thirty (30) days' notice cannot be given, the employee is required to give as much notice as practicable, including following required call -in procedures. If an employee fails to give thirty (30) days' notice for a foreseeable leave with no reasonable explanation for the delay, the leave may be denied until thirty (30) days after the employee provides notice. Certification and Documentation Requirements For leave due to an employee's serious health condition or a family member's, the city will require the completion of a Medical Certification Form by the attending physician or practitioner. The form must be submitted to Human Resources within fifteen (15) calendar days after requested. If the form is not submitted in a timely fashion, the employee must provide a reasonable explanation for the delay. Failure to provide medical certification may result in a denial or delay of the leave. The city may require an employee obtain a second opinion from a provider which the city selects. If necessary, to resolve a conflict between the original certification and the second opinion, the city may require the opinion of a third doctor. This third opinion will be considered final. An employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. When leave is due to an employee's own serious health condition, a Fitness For Duty Certification (FFD) may be required before an employee can return to work. Failure to timely provide such certification in a timely manner may eliminate or delay an employee's right to reinstatement under the FMLA. If an employee is using intermittent leave, and reasonable safety concerns exist regarding the employee's ability to perform his or her duties, a FFD certificate may be required as frequently as every 30 days during periods when the employee has used intermittent leave. Recertification Recertification may be required if the employee requests an extension of the original approved leave or if the circumstances regarding the leave have changed. Recertification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition. Annual Medical Certification and Recertification Where the employee's need for leave due to the employee's own serious health condition lasts beyond a single leave year, the city will require employees to provide a new medical certification in each subsequent leave year. Such new medical certifications are subject to Page 33 181 Page 187 of 447 the provisions for authentication and clarification and second and third opinion. Reinstatement Employees returning from FMLA will be reinstated in the same position or a position equivalent in pay, benefits, and other terms and conditions of employment. An employee's reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if an employee's position would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave. Notice of Intent to Return from FM LA Leave The city requires an employee on FMLA leave to report periodically on the employee's status and intent to return to work. Effect on Benefits An employee granted leave under this policy will continue to be covered under the city's group health and dental insurance plan under the same conditions and at the same level of city contribution as would have been provided had they been continuously employed during the leave period. If there are changes in the city's contribution levels while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of group insurance coverage while on leave. Arrangements for payment of the employee's portion of premiums must be made by the employee with the city. Group health benefits may be cancelled if an employee's premium payment is 30 days late. Failure to Return to Work after FMLA Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for at least 30 calendar days, the city may require the employee to repay the portion of the monthly cost paid by the city for group health plan benefits. The city may also require the employee to repay any amounts the city paid on the employee's behalf to maintain benefits other than group health plan benefits. If an employee does not return to work following 12 weeks of FMLA leave, the employee may be subject to COBRA continuation. If the employee fails to pay the city a portion of the premiums for which s/he is responsible during the FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure to pay premiums is not a qualifying event for purposes of continuation coverage under COBRA. Page 34181 Page 188 of 447 If the employee does not return from the FMLA leave and coverage ended sometime during the FMLA leave due to lack of payment, there is no COBRA election available. For COBRA to apply, the employee must have been covered on the day before the qualifying event. In this situation, the qualifying event would occur at the time the employee did not return from the leave. Activities Prohibited During FMLA While on leave, employees may not engage in activities (including employment) with the same or similar requirements and essential functions of an employee's current position. Employees shall not engage in activities that conflict with the best interests of the city. Such conduct will result in disciplinary action up to and including termination. Use of Accrued Paid Leave or Compensatory Time during FMLA FMLA will run concurrently with any leave and/or wage supplement for which you may be eligible for under local, state, or federal law which may include: Worker's Compensation, Minnesota Paid Leave (MNPL) and/or Minnesota Women's Economic Security Act (WESA) pregnancy and parenting leave. FMLA will also run concurrently with any leave within this Personnel Policy Manual. The use of sick leave shall be for reasons allowed according to the Sick Leave Policy. Prior to taking unpaid FMLA leave, employees must use all but 40 hours of accrued sick/ESST leave (unless use is not applicable to policy), all but 40 hours of accrued vacation leave, and all compensatory time unless their medical condition/injury is covered by Worker's Compensation or MN Paid Leave. Additional Leave Employees who cannot return from an approved FMLA leave at the end of the approved leave period may request an extension up to the maximum of twelve (12) weeks allowed under FMLA. If the twelve (12) FMLA weeks have already been used, the employee can request General Leave. If approved, before General Leave begins the employee must use any accrued sick/ESST leave, compensatory time, or vacation leave that remains. If the leave is approved the employee will be required to pay the full cost of all group insurance, as provided under COBRA, to continue coverage. If the General Leave is not approved or the employee fails to request additional leave, the employee will be considered to have voluntarily resigned. If circumstances beyond the employee's control prevented the employee from requesting additional leave, a retroactive leave request may be allowed, subject to the city administrator's approval. FMLA - Qualified Exigency and Military Caregiver Leave Qualified Exigency Eligible employees (described above) whose spouse, son, daughter, or parent either has been notified of an impending call or order to covered active military duty or who is Page 35181 Page 189 of 447 already on covered active duty may take up to twelve (12) weeks of leave for reasons related to or affected by the family member's call-up or service. The qualifying exigency must be one of the following: 1. Short -notice deployment 2. Military events and activities 3. Childcare and school activities 4. Financial and legal arrangements 5. Counseling 6. Rest and recuperation 7. Post -deployment activities 8. Parental care 9. Additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. Military Caregiver Leave An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, parent, or next of kin of a covered servicemember may take up to 26 weeks in a single 12- month period to care for that servicemember. The family member must be a current member of the Armed Forces (including a member of the National Guard or Reserves), who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is on outpatient status or on the temporary disability retired list. Eligible employees may not take leave under this provision to care for former members of the Armed Forces, former members of the National Guard and Reserves, and members on the permanent disability retired list. Definitions Son/Daughter of a covered servicemember -- The biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember stood in loco parentis, and who is of any age. Parent of a covered servicemember -- The biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentisto the covered servicemember. This term does not include parents "in law." Next of kin of a covered servicemember -- Is the nearest blood relative, other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military Page 36181 Page 190 of 447 caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember's next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember's only next of kin. An employer is permitted to require an employee to provide confirmation of covered family relationship to the covered servicemember pursuant to § 825.122(j). Covered active duty, Regular Component of the Armed Forces -- Duty during deployment of the member with the Armed Forces to a foreign country. Covered active duty, Reserve Components of the Armed Forces -- Duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined in section 101 (a)(1 3)(B) of Title 10, United States Code. Covered servicemember -- A member of the Armed Forces (including National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. Serious injury or illness -- A member of the Armed Forces (including National Guard or Reserves), with an injury or illness incurred in the line of duty on active duty (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and A veteran who was a member of the Armed Forces (including National Guard or Reserves) at any time during a period when the person was a covered servicemember, means a qualifying (as defined by the Secretary of Labor) injury or illness incurred by a covered servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating. Outpatient status, with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to either a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. Page 37181 Page 191 of 447 Amount of Leave - Qualified Exigency An eligible employee can take up to 12 weeks of leave for a qualified exigency. Amount of Leave - Military Caregiver An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave during a single, 12-month period. The single, 12-month period begins the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date. Leave taken for any FMLA reason counts towards the 26-week entitlement. If an employee does not take all of 26 workweeks of leave entitlement to care for a covered servicemember during the single, 12-month period, the remainder of the 26 workweeks of leave entitlement to care for the covered servicemember is forfeited. Certification of Qualifying Exigency for Military Family Leave The city will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave. Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave The city will require certification for the serious injury or illness of the covered servicemember. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered Servicemember. All other provisions of the FMLA policy, including Use of Paid Leave, Employee status and benefits during leave, the Procedure for Requesting Leave, Benefits during Leave, and Reinstatement, are outlined above in the FMLA policy. MN Pregnancy and Parenting Leave Parental Leave Policy has been removed. All employees are entitled to take an unpaid leave of absence under the Minnesota Women's Economic Security Act (WESA). Female employees for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions as well as a biological or adoptive parent in conjunction with the birth or adoption of a child are eligible for up to twelve (12) weeks of unpaid leave. Any paid or unpaid leave taken for prenatal care medical appointments will not count toward the 12-week leave. Leave must begin within twelve (12) months of the birth or adoption of the child. In the case where the child must remain in the hospital longer than the mother, the leave must begin within twelve (12) months after the child leaves the hospital. Employees should Page 38181 Page 192 of 447 provide as much notice as possible. If the leave must be taken in less than three days, the employee should give as much notice as practicable. Employees may use accrued leave (sick/ESST leave, vacation leave, compensatory time) during Pregnancy and Parenting Leave. If the employee has remaining FMLA eligibility at the time this leave commences, this leave will also count as FMLA leave. The two leaves will run concurrently. If the employee is taking MN Paid Leave, MN Pregnancy and Parenting Leave will run concurrently as well. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain available while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the employee will be responsible for the entire premium unless otherwise provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an FMLA absence as well, the employer contributions toward insurance benefits will continue during the FMLA leave absence. Adoptive Parents Adoptive parents have the same leave opportunity as biological parents (see MN Pregnancy and Parenting Leave). The leave must be for the purpose of arranging the child's placement or caring for the child after placement. Leave must begin before or at the time of the child's placement in the adoptive home. Reasonable Work Time for Nursing Mothers Nursing mothers and lactating employees are provided reasonable break time to express milk. The paid break times can run concurrently with any break time already provided. The city will provide a private and secure room (other than a restroom) as close as possible to the employee's work area, that is shielded from view and free from intrusion from coworkers and the public and that includes access to an electrical outlet. Reasonable Accommodations for Health Conditions Relating to Pregnancy The city will attempt to provide female employees who request reasonable accommodation with the following for her health conditions related to her pregnancy or childbirth without advice of a licensed health care provider or certified doula. More frequent or longer restroom, food, and water breaks Seating Limits on lifting over 20 pounds The city will provide reasonable accommodations, including, but not limited to, temporary leaves of absence, modification in work schedule or job assignments, seating, more frequent or longer break periods and limits to heavy lifting to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates the Page 39181 Page 193 of 447 accommodation would impose an undue hardship on the operation of the employer's business. In accordance with state law, no employee is required to take a leave of absence for a pregnancy nor accept a pregnancy accommodation. School Conference Leave Policy Employees may take up to sixteen (16 hours) unpaid leave during any 12-month period to attend school conferences or classroom activities related to the employee's child (through secondary school), provided the conferences or classroom activities cannot be scheduled during non -work hours. If an employee's child receives childcare services or attends a pre- kindergarten regular or special education program, the employee may use the leave time to attend a conference, or activity related to the employee's child, or to observe and monitor the services and program, provided the conference, activity, or observation cannot be scheduled during non -work hours. When the need for leave under this section is foreseeable, the employee must provide reasonable prior notice of the leave to his or her immediate supervisor and make a reasonable effort to schedule the leave so as not to unduly disrupt city business. Employees may choose to use vacation leave for this absence but are not required to do so. Bone Marrow/Organ Donation Leave Employees who work an average of twenty (20) or more hours per week who seek to undergo a medical procedure to donate bone marrow or an organ or partial organ may take up to forty (40) hours of paid leave. The forty (40) hours is over and above the amount of accrued time the employee has earned. The city may require verification by a physician of the purpose and length of each leave requested by the employee. If a medical determination indicates the employee does not qualify as a donor, the paid leave is not forfeited. Military Leave State and federal laws provide protections and benefits to city employees who are called to military service, whether for training or on active duty. Such employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged in training or active service not exceeding a total of 15 days in any calendar year. City compensation is in addition to the military pay for these 15 days, as per MN Attorney General's Opinion. The leave of absence is only in the event the employee returns to employment with the city as required upon being relieved from service or is prevented from returning by physical or mental disability or other cause not the fault of the employee or is required by the proper authority to continue in military or naval service beyond the fifteen (15) day paid leave of absence. Employees on extended unpaid military leave will receive fifteen days paid leave of absence in each calendar year, not to exceed five years. Page 40181 Page 194 of 447 Where possible, notice is to be provided to the city at least ten working days in advance of the requested leave. A training notice, signed orders, or battle assembly schedule are examples of typical written notification to share with the city. If an employee has not yet used his/her fifteen days of paid leave when called to active duty, any unused paid time will be allowed for the active -duty time, prior to the unpaid leave of absence. Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the purpose of vacation leave and sick leave accruals. Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen days will follow the same procedures as for any employee on an unpaid leave of absence. Employees will be granted up to ten working days of unpaid leave whose immediate family member (defined as a person's parent, child, grandparents, siblings or spouse) is a member of the United States armed forces who has been injured or killed while engaged in active service. The 10 days may be reduced if an employee elects to use appropriate accrued paid leave. Unless the leave would unduly disrupt the operations of the city, employees whose immediate family member, as a member of the United States armed forces has been ordered into active service in support of a war or other national emergency, will be granted an unpaid leave of absence, not to exceed one day's duration in any calendar year, to attend a send-off or homecoming ceremony for the mobilized service member. The city will grant employees an unpaid leave of absence for time spent serving as a member of the Civil Air Patrol upon request and authority of the state or any of its political subdivisions, unless the absence would unduly disrupt the operations of the city. Employees may choose to use vacation leave in place of unpaid leave. Civil Air Patrol The city will grant employees an unpaid leave of absence for time spent serving as a member of the Civil Air Patrol upon request and authority of the State or any of its political subdivisions, unless the absence would unduly disrupt the operations of the city. Employees may choose to use vacation leave while on Civil Air Patrol Leave but are not required to do so. Jury Duty Leave and Court Appearances Employees are allowed a leave of absence pursuant to state statutes without restriction or Page 41 181 Page 195 of 447 sanction when called for jury duty. ■ An employee performing jury duty or testifying in court for city -related business will receive the difference between his/her regular rate of pay and the amount received as juror or witness up to the maximum allowed by state or federal law. Upon receipt of payment from the court, documentation of payment shall be provided to Human Resources. ■ The employee must notify his/her supervisor and initiate a leave of absence within forty-eight (48) hours of receiving call for jury duty. ■ An employee excused or released from jury duty during regular work hours must report to his/her supervisor immediately thereafter. ■ Time spent on jury duty will not count as time worked in computing overtime. ■ In order to receive regular wages for the period, employees shall report compensation received for jury duty to Human Resources. ■ Temporary and seasonal employees are generally not eligible for compensation for absences due to jury duty but can take a leave without pay subject to department head approval. Victim or Witness Leave Employees subpoenaed or requested by a prosecutor to testify in court related to sexual assault, domestic abuse, or stalking, who is the victim or is the spouse or immediate family member of such victim, shall be allowed the use of earned sick and safe time for reasonable time off from work to attend criminal proceedings related to the victim's case. Seethe Earned Sick and Safe Time po/icyfor additional information. Bereavement Leave Regular full-time and regular part-time employees working a minimum of 1,040 hours per year are permitted a paid leave from scheduled work to make funeral arrangements, for funeral attendance, to care for survivors, gather with relatives, and/or to otherwise grieve a familial death. Bereavement leave is prorated for eligible regular, part-time employees according to the number of hours worked. Leave is limited to the following: ■ Up to five (5) days: Husband, wife, mother, father, son, daughter, brother, sister, stepmother, stepfather, stepson, stepdaughter, stepbrother, and stepsister. ■ Up to three (3) days: Son-in-law, daughter-in-law, mother-in-law, father-in-law, grandparent, or grandchild. ■ One (1) day: Aunt, uncle, cousin, niece, nephew, sister-in-law, brother-in-law, Godchild, grandparent -in-law. ■ With city administrator approval, leave may be granted in certain unique family arrangements. Leave days shall be concurrent unless approved by the city administrator and supervisor. Additional time off for bereavement may be granted and charged to vacation leave or Page 42181 Page 196 of 447 compensatory time, if available. Employees covered by a collective bargaining agreement shall receive bereavement benefits as stated in the collective bargaining agreement. General Leave The city recognizes that unique personal circumstances may cause an employee to seek time off without pay. The city may, at its sole discretion, grant unpaid personal leaves of absence (General Leave). Approval is required from the immediate supervisor, department director, and the city administrator. General Leave shall not exceed ninety (90) days, unless approved by the city administrator. Vacation and ESST leave do not accrue during General Leave and the employee is not eligible for holiday pay or other types of leave. The city will not contribute to the cost of insurance premiums for an employee on General Leave. Employees are expected to return from General Leave when the reason for the leave expires. Employees who take a General Leave have no right to reinstatement. Voting, Election Judge, and Delegates to Party Conventions Leave An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off with pay for purposes of serving as an election judge, provided the employee gives the city at least twenty (20 days written notice, including a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. The city may reduce the wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from the place of employment. Thus, employees will be paid the difference between their pay as an election judge and their regular rate of pay for their normal workday. The city reserves the right to restrict the number of employees absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite. All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay to vote on the election day. Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues. Employees may be absent from work for the time necessary to vote to include voting during the period allowed for voting in person before election day. An employee may be absent from work to attend any meeting of the state central committee or executive committee of a major political party if the employee is a member of the committee. The employee may attend any convention of a major political party delegate, including meetings of official convention committees if the employee is a Page 43181 Page 197 of 447 delegate or an alternate delegate to that convention. Per the statutory requirement, the employee must give at least ten days' written notice of their planned absence to attend committee meetings or conventions. Time away from work for this purpose will be considered unpaid unless the employee chooses to use vacation leave or compensatory time during their absence. Administrative Leave Under special circumstances, an employee may be placed on an administrative leave pending the outcome of an internal or external investigation. The leave may be paid or unpaid, depending on the circumstances, as determined by the city administrator. Athletic Leave of Absence An employee who qualifies as a member of the United States national team for athletic competition on the world championship, Pan American, or Olympic team in a sport sanctioned by the International Olympic Committee, shall be granted a leave of absence without loss of pay or other benefits for the purpose of preparing for and engaging in the competition. In no event shall the paid leave exceed the period of official training camp and competition combined, or 90 calendar days a year, whichever is less. The employee shall provide documentation establishing their participation on said team and in said event. Page 44181 Page 198 of 447 General Benefits Following is an overview of benefits available to eligible employees. The descriptions provided are not intended to be comprehensive and all questions regarding eligibility and benefit levels should be directed to Human Resources. The plan documents govern any inconsistencies between plan documents and the information provided in this section. Benefits and eligibility requirements are subject to change, and such changes may not be reflected in this description. The city reserves the right, in its sole discretion, to change, modify or eliminate benefits at any time, except to the extent prohibited by law. Insurance Various insurance policies, including group medical insurance, may be available for eligible city employees and their dependents. Information about the benefits an employee is eligible for is provided to them during their orientation. Questions about benefits should be directed to Human Resources. The eligibility requirements and benefits provided are specified in materials provided by the respective insurance carriers. Carriers may have different requirements concerning eligibility and they will govern eligibility. Under some circumstances, eligible employees and their dependents may have the option of continuing coverage under certain city employee insurance plans for a limited time at the employee's own expense when coverage would otherwise end. This continuation right is provided in accordance with the Consolidated Omnibus Budget Reconstruction Act of 1985 (COBRA) and applicable state law. Retirement/PERA The city participates in the Public Employees Retirement Association (PERA) to provide pension benefits for its eligible employees to help plan for a successfu/and secure retirement. Participation in PERA is mandatory for most employees, and contributions into PERA begin immediately. The city and the employee contribute to PERA each pay period as determined by state law. Most employees are also required to contribute a portion of each paycheck for Social Security and Medicare (the city matches the employee's Social Security and Medicare withholding for many employees). For information about PERA eligibility and contribution requirements, contact Human Resources. Post Employment Health Care Savings Plan Upon retirement, Department Directors and City Administrator shall contribute 100% of their Severance Pay, as paid according to policy, to their Post Employment Health Care Savings Plan (HCSP) unless the Employee has opted out of the program which is approved due to a qualified exemption rule: this provision is irrevocable as set forth by law. Should an Employee choose this opt -out provision, it will be paid to the Employee as severance. Page 45181 Page 199 of 447 Upon the death of an Employee, contributions can no longer be made to the HCSP. Any payments owed but not yet paid into the HCSP will be paid out as regular income in accordance with state and federal law. Employee Development / Tuition Reimbursement The city encourages and recommends lifelong learning and offers reimbursement to regular, full-time employees for up to 75% of the tuition paid by the employee, excluding scholarships and grants up to a maximum reimbursement of $3,000 per year (based on the budget year the expense is applied) for accredited college or other instruction directly related to the employee's position with the city. To be eligible for reimbursement the following requirements must be met: 1. Prior to registration, a completed Tuition Reimbursement Request Form must be signed and on file with Human Resources; and 2. The instruction must be to obtain a degree, certification, or license and apply directly to the employee's position or be required to complete an associate, bachelor's, master's, or doctorate degree in the field in which the employee works; and 3. The employee must successfully complete the instruction. If letter grades are assigned, the minimum grade required for reimbursement is a C; and 4. The reimbursement must be submitted within 60 days of instruction completion. Books, activity fees, technology fees, and other non -tuition charges do not qualify for reimbursement. All instruction must be taken on employee time and time spent on instruction is not considered hours worked. If any portion of the employee's class/development activity is conducted during regular work hours, the employee must take vacation or compensatory leave, an unpaid leave of absence, if approved, or arrange for flexible scheduling, if approved by the department director. Courses taken to maintain licensure, affiliation, certification, or credentialing as well as work -related seminars and training are paid for with City Council approved budgeted training funds. Employee Wellness In an effort to promote wellness, the city maintains and encourages the use of a fitness room with exercise equipment. The policy attached as Exhibit A must be read, signed, and returned to Human Resources before using the fitness room. Throughout the year, events are provided by the city's Whole Health Rewards Program Committee to promote overall health and wellness. Participation is encouraged. Page 46181 Page 200 of 447 General Policies Smoking, Vaping, and Tobacco Policy The city complies with the Minnesota Clean Indoor Air Act. All city buildings and vehicles, in their entirety, shall be designated as smoke free, meaning that smoking in any form (through the use of products such as pipes, cigars, and cigarettes), or "vaping with e- cigarettes is prohibited while in a city facility or vehicle. Smoking and vaping of any kind is prohibited while on duty except for employees 21 and over only during their breaks and lunch, and only in areas designated for that purpose. Employees who use chew/spit tobacco shall not do so in the presence of the public and with respect to fellow employees and shall not cause damage to or soil city vehicles, equipment, or facilities. Employees violating this policy may be subject to disciplinary action up to and including termination. Appearance and Dress Employee appearance is a direct reflection on the professionalism of city services. Departments may establish dress codes for employees as part of departmental rules. Personal appearance should be appropriate to the nature of the work and contacts with other people and should present a positive image to the public. Clothing, jewelry, or other items that could present a safety hazard are not acceptable in the workplace. To respect the rights of employees with fragrance sensitivities, fragrances should be minimal or not worn. Clothing must always be clean, neat, and in good repair. Good hygiene is always expected. The City Dress and Appearance Policy is available on Access RkRiver. Violation of this Policy may result in discipline up to and including termination. Electronic Communication Devices The city provides telephonic equipment (land line and cellular), computer equipment and software, and services used to communicate and supply email, voicemail, and internet data access. The equipment and services are the property of the city and are intended to be used for official city business. Employees who intentionally misuse Electronic Communication Devices may be subject to discipline up to and including termination. Please reference specific city policies regarding issue eligibility and use of electronic communication devices such as 800 MHz radios, cell phones, smartphones, and i Pads/tablets. Telephone Use It is critical that employees be courteous, tactful, professional, and efficient on the telephone. Employees are expected to answer and return calls promptly. Page 47181 Page 201 of 447 Personal calls must not interfere with city work, should be brief and made only when necessary. Preferably, personal calls should be made during scheduled rest break or lunch periods. The Mobile Phone Policy can be found on Access Elk River. iPad/Tablet Device Use Policy The City Council has authorized the purchase and assignment of iPads and tablet devices to enhance workflow, reduce paperwork, increase efficiency, and enhance internal and external communication. The full city policy which includes purpose, use, care, and user responsibilities can be found on Access E/kRiver. Email and Voicemail Use Emails and voicemails are subject to the Minnesota Records Management and the Government Data Practices Acts and could be classified as public information. While occasional use of these services for personal, non -business use is acceptable, employees must demonstrate a sense of responsibility and may not abuse email or voicemail privileges. Communication sent via email or voicemail must be respectful in tone and professional. The transmission, retrieval, or storage of discriminatory, harassing, derogatory, obscene, defamatory, or threatening messages are forbidden. Email shall not be used for chain letters or for any purpose which is illegal, against city policy, or contrary to the city's interests. There is no expectation of privacy regarding city email or voicemail. The city has the capability to retrieve mail messages even after deletion. Furthermore, the use of passwords on the email and voicemail system does not mean that messages stored on those systems are confidential or may not be retrieved or reviewed by others. The city reserves the right to review employee email files, messages, and usage at any time and without notice and/or permission. Employees must respect other's electronic communications and may not obtain unauthorized access to another's email or voicemail messages, except pursuant to direction from the city administrator for the purposes specified above. Internet Access and Use Acceptable uses of internet access services include information for business -related purposes, professional education, and professional development. Employees must respect all copyrights and intellectual property rights of materials, and Page 48181 Page 202 of 447 may not copy, retrieve, modify, or forward copyrighted, patented, or trademarked materials except as permitted by the owner or as a single copy for reference use only. Internet access and use is not confidential. The city has the right to monitor individual internet usage and to review individual internet usage logs. Bandwidth Conservation The city provides for access to the internet for several key government functions, such as police access to records and public access to public records. To ensure sufficient bandwidth to access applications, the city implements bandwidth conservation measures, which include blocking websites with no instructional or administrative value. Use of internet radio stations for casual listening and/or background music is strictly prohibited. Employees shall not download music files. Password Policy Passwords protect access to vital city technology resources utilized for daily business. The City Password Policy can be found on Access E/kRiver. The policy outlines the purpose, rules for password use and the composition. Travel Expenses An employee will be reimbursed for actual and necessary expenses incurred when traveling on official city business only upon approval of such expenses by the City Council in accordance with the city Travel Policy. To receive reimbursement, promptly complete the appropriate claim form and submit it to the appropriate department director for consideration and approval. The Travel Policy can be found in the city's Financial Management Policy on Access Elk River. Keys and Security Employees are responsible for securing their work area at the end of each day. Properly secure all confidential files and sensitive information. All keys or electronic access devices in your possession that are for city facilities and/or equipment must be returned to your supervisor upon separation from employment. Personal Use and Disposal of City Property City property and equipment shall only be used in the performance of official city business. City -owned equipment and facilities are not available for personal use by employees. Personal use of city vehicles, machinery, tools, and other equipment is strictly prohibited. As city property becomes obsolete, damaged, or is no longer needed, it shall be disposed of through salvage, trade, public auction, bid, or other means. Page 49181 Page 203 of 447 Disposal by sale or auction requires a public notice be advertised in the official newspaper and a posting at City Hall and other locations as deemed appropriate. The appropriate department director will determine the minimum price for each item to be sold. City property shall not be given away to anyone, including employees. An employee may purchase no more than one motor vehicle from the city or another political subdivision in any 12-month period. Employees involved in the auction or process pertaining to the administration and collection of sealed bids are prohibited from purchasing city property. Unauthorized removal of city property or its conversion to personal use may result in discipline up to and including termination. Use of City Vehicles City -owned vehicles may be used only by employees for official city business. Employees who drive or may be required to drive city vehicles and equipment must maintain a safe driving record and observe all traffic laws. Seat belts must be properly used at all times. The use of electronic communications devices (cell phones, smart watches) is prohibited unless you are having an emergency or in an emergency vehicle performing official duties. Drivers must carry a current, valid driver's license that is adequate for the type of vehicle driven. Operating a city vehicle without a valid driver's license will result in disciplinary action up to and including termination. All employees must abide by the city's Fleet Safety Program including drug and alcohol testing for all employees who are involved in an accident while driving a city vehicle. Passengers may be carried only when necessary to conduct city business and/or when their transportation via city vehicle is in the best interests of the city. City vehicles may not be used to travel from work to an employee's residence for rest or lunch breaks without prior supervisor approval. Employees conducting official business out of town (conventions, meetings, etc.) may carry family members as passengers if such accompaniment does not interfere with the best interests of the city and upon approval by the department director. Resident Complaints Resident complaints provide an opportunity for feedback and identifying problem areas. How well complaints are handled determines the level of confidence and respect the public holds for their municipal government. When handling a complaint, be polite and never argue with the complainant even if s/he is angry, unreasonable, or insulting toward you and the city. Stay calm, cool, and collected. When a complaint is received, complete the following steps: Page 50181 Page 204 of 447 Receive and record information pertinent to the complaint. Determine which employee is responsible to investigate and take corrective action and forward the complaint accordingly. Follow-up to ensure action has been taken to correct the problem. Emergency Closing City facilities and functions will generally be open during adverse weather. Due to individual circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early). Employees not reporting to work for reasons of personal safety will be allowed to use accrued vacation time or compensatory time, or with supervisor approval, may modify the work schedule, or make other reasonable schedule adjustments. Sworn police officers, wastewater treatment operators, and public works maintenance employees will generally be required to report to work regardless of conditions. Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by the respective department director after consultation with the city administrator. Employee Participation in the City Fire Department Employees are allowed and encouraged to participate as a part-time paid on call firefighter in the Elk River Fire Department. The following pay provisions, in accordance with state and federal laws, apply to employees who also work outside of their regular department as part-time paid firefighters: Fire Calls During Working Hours An employee will be allowed to respond to fire calls as approved and determined by his/her department director, based on the work assignments and responsibilities of the employee. Employees responding to fire calls during regular work hours will be compensated at the same rate as his/her regular city position with no additional firefighter paid compensation. An employee who completes (flexes) regular work hours interrupted for a fire call during the same day will also receive firefighter pay for the fire call. Employees responding while on vacation or compensatory time off will also receive firefighter pay for the fire call. Fire Calls During Non -Work Hours Employees will receive their normal firefighter pay for fire calls and training that do not occur during the regular work hours of their regular position. Application of Fair Labor Standards Act (FLSA) Page 51 1 81 Page 205 of 447 Employees will be paid overtime in accordance with the FLSA. Actual time worked will be used for determining overtime payment, with no consideration to the one -hour minimum call out pay provision for firefighter pay nor to paid leave time in the employee's full-time position. For example, a false alarm that requires 15 minutes of work will be counted as 15 minutes for FLSA purposes even though the minimum call out of one hour of pay would apply for firefighter pay purposes. By advance mutual agreement, overtime earned for performance of fire department activities shall be paid at one and one-half times the employee's firefighter pay rate. Employee Participation in Fire Departments Outside of Elk River Employees who serve as firefighters outside of the City of Elk River must notify their immediate City of Elk River supervisor as soon as possible when they are tardy/delayed for their normal scheduled work shift due to an emergency call. If advance notice is not possible (e.g., emergency calls received while en route to work), the employee should contact their supervisor as soon as reasonably possible. The employee must provide written documentation (run report, log, etc.) from their department confirming participation in the emergency call or scene (fire, rescue, or medical) as soon as it is available or before the submittal of their timecard whichever comes first. At the discretion of the supervisor, the employee may be provided the opportunity to make up the time missed within the same workday. If this cannot be accommodated, the employee must use accrued vacation or compensatory time for the missed hours. Supervisors are responsible for ensuring that all time adjustments are accurately recorded. Employees will not receive additional pay from the City of Elk River for time spent responding to said emergencies. All non-exempt, non -Elk River volunteer firefighters must turn their pagers off during their regular scheduled shift while working for the City of Elk River so as not to cause a distraction for themselves and others in the workplace. This guideline may be modified by the City of Elk River at any point in time. Employee Participation in the Police Reserves City employees who are also member of the Elk River Police Reserves and are paid for their work as a Reserve Officer shall be paid overtime at the Reserve rate when Reserve work contributes to the FLSA requirement for overtime compensation. Regular position hours worked as overtime shall be paid at the regular overtime rate. Political Activity Employees may belong to a political party and are entitled to complete freedom from all Page 52181 Page 206 of 447 interference in casting votes. Employees may seek election or appointment to public office, except to the extent prohibited by the provisions of state or federal law. Political activity must not interfere with an employee's job duties or performance. Political activity during work hours is prohibited. Candidacy Employees who become candidates for elective office may request a leave of absence for the purpose of pursuing their candidacy, which may be granted at the city's sole discretion. To the extent that any employee, including one campaigning for office, is unable to perform his or her duties, s/he may be subject to disciplinary action, up to and including termination. Page 53181 Page 207 of 447 Labor Relations Communication The city encourages open communication throughout the organization to share information and ideas, to raise concerns, and to provide suggestions for improvement. To foster communication and improve responsiveness, the city employs an administration/management structure (chain of command) with a defined span of control intended to enhance communication and accessibility to supervisors, managers, and department directors. Employees shall first direct all communication to their immediate supervisor. Supervisors shall respond to all inquiries, concerns, or suggestions in a timely manner. Violations of policies, including this policy shall be filed in accordance with the City Grievance Procedure. In the event the employee's inquiries, concerns, or suggestions are not addressed in a timely manner, or s/he anticipates negative repercussions from communication with the immediate supervisor, the employee may direct the communication to the immediate supervisor's supervisor. Concerns and suggestions shall be advanced to each step including department director, human resources, and city administrator if closure does not occur at the earliest possible level of communication. Bypassing a step in the administration/management structure does not constitute insubordination. Insubordination in the workplace refers to an employee's intentional refusal to obey an employer's lawful and reasonable orders. Such a refusal would undermine a supervisor's level of respect and ability to manage and, therefore, is often a reason for disciplinary action, up to and including termination. Elected and appointed officials, including mayor, council members, and commissioners frequently solicit employee feedback to better understand operations, improve policy, and ensure quality service. Suggestions, grievances, and concerns shall only be addressed with policymakers following the exhaustion of resolution through the administration/management structure. Notwithstanding the previous paragraph, a disagreement between employee and supervisor shall not be a reason to bypass the administration/management structure and bring issues to elected or appointed officials. Directors, managers, and supervisors shall respect the administration/management structure of other departments and divisions by coordinating work direction through the respective department director. Retribution or retaliation by supervisory staff for the expression of ideas is not tolerated. A supervisor's decision to not act on or accept an employee's suggestion or Page 54181 Page 208 of 447 recommendation shall not be construed as retribution, retaliation, or inaction. Discipline The city retains the right to take any disciplinary action deemed appropriate based upon the nature and severity of the infraction(s) and the conditions surrounding the incident. The city retains the sole discretion to determine what behavior warrants disciplinary action and which action will be imposed. The city may use progressive discipline to correct negative behavior rather than punish the employee. There may be circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. Nothing in these personnel policies imply that any city employee has a contractual right or guarantee (also known as a property right) to the job he/she performs. Documentation of disciplinary action taken will be placed in the employee's personnel file with a copy provided to the employee. The following are descriptions of the types of disciplinary actions: Oral Reprimand This measure will be used where informal discussions with the employee's supervisor have not resolved the matter. All supervisors can issue oral reprimands without prior approval. Oral reprimands are normally given for first infractions on minor offenses to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be. The supervisor will document the oral reprimand including date(s) and a summary of discussion and corrective action needed. Written Reprimand A written reprimand is more serious and may follow an oral reprimand when the problem is not corrected, or the behavior has not consistently improved in a reasonable period. Serious infractions may require skipping either the oral or written reprimand, or both. Written reprimands are issued by the supervisor with prior approval from the city administrator. A written reprimand will: (1) state what happened; (2) state what should have happened; (3) identify the policy, directive or performance expectation that was not followed; (4) provide history, if any, on the issue; (5) state goals, including timetables, and expectations for the future; and (6) indicate consequences of recurrence. Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees' signatures do not mean the employee agrees with the reprimand. Written reprimands will be placed in the employee's personnel file. Page 55181 Page 209 of 447 Suspension With or Without Pay The city administrator may suspend an employee without pay for disciplinary reasons. Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council, except in the case of veterans. Qualified veterans, who have completed their initial probationary period, will not be suspended without pay in conjunction with a termination. The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. A copy of the letter of suspension will be placed in the employee's personnel file. An employee may be suspended or placed on Administrative Leave pending an investigation of an allegation involving that employee. The leave may be with or without pay depending on the nature of the allegations. If the allegation is proven false, the relevant documents shall be removed from the employee's personnel file, and the employee will receive any compensation and benefits due had the suspension not taken place. Demotion and/or Transfer An employee may be demoted or transferred if attempts at resolving an issue have failed and the city administrator determines a demotion or transfer to be the best solution to the problem. The employee must be qualified for the position to which they are being demoted or transferred. The City Council must approve this action. Salary An employee's salary increase may be withheld, or the salary may be decreased due to performance deficiencies. Dismissal The city administrator, with the approval of the City Council, may dismiss an employee for substandard work performance, serious misconduct, or behavior not in keeping with city standards. If the disciplinary action involves the removal of a qualified veteran, who has completed his/her initial probationary period, the appropriate hearing notice will be provided, and all rights will be afforded to the veteran in accordance with Minnesota law. While the city strives for consistency, the level of discipline taken in any given case does not establish a precedent for future similar circumstances. This policy does not change the fact that city employment is at -will, meaning an employee and the city have the right to terminate employment at any time and for any reason, with or without cause or notice. Page 56181 Page 210 of 447 Grievance Procedure Any dispute between an employee and the city relative to the application, meaning, or interpretation of personnel policies will be settled in the following manner: Step 1 - The employee must present a grievance in writing, stating the nature, the facts in which it is based, the provision(s) of the personnel policy allegedly violated, and the remedy requested, to the immediate supervisor and department director within twelve (12) days after the alleged violation or dispute has occurred. The immediate supervisor will respond to the employee in writing within seven (7) calendar days. Step 2 - If the grievance is not settled in accordance with Step 1, it must be presented in writing, stating the nature of the grievance, the facts in which it is based, the provision(s) of the personnel policy allegedly violated and the remedy requested, to the city administrator within seven (7) days after the due date of the supervisor's response. The city administrator and grievant shall schedule an in -person meeting to include necessary participants within seven (7) days as practicable. The city administrator will respond to the employee in writing within seven (7) calendar days of the in -person meeting. The decision of the city administrator is final for all disputes with exception of those specific components in a performance evaluation subject to a challenge through the Department of Administration. Waiver - If a grievance is not presented within the time limits set forth above, it will be considered "waived." A grievance not appealed to the next step in the specified time limit or any agreed extension thereof will be considered settled based on the city's last answer. If the city does not answer a grievance or an appeal within the specified time limits, the employee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the city and employee without prejudice to either party. The following actions are not grievable: While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable, other performance evaluation data, including subjective assessments, are not. Pay increases or lack thereof. The above list is not meant to be all inclusive or exhaustive. Choice of Remedy It is specifically understood that any matters governed by statutory or regulatory provisions, except as expressly provided for in the policy, shall not be considered grievances under this policy. If more than one procedure is available for resolution of a dispute arising from any provisions covered by the agreement, the aggrieved employee Page 57181 Page 211 of 447 shall be limited to one procedure through which remedy may be sought. If the aggrieved employee utilizes a procedure other than the grievance procedure herein, then the employee is precluded from appealing under this procedure. If the employee utilizes this procedure, then the employee is precluded from appealing under another procedure. Employees may use both this grievance procedure and a statutory procedure to the extent that it is required by state or federal law. Page 58181 Page 212 of 447 Safety The city seeks to ensure the personal safety of employees and to prevent occupationally induced injuries and illnesses. To the greatest degree possible, management seeks to maintain a safe and hazard -free work environment. It is the policy of the City Council to provide employees with safe working conditions through the following means: A Safety Committee consisting of employees and management representing each department and employee group is charged with creating and maintaining a safety program in compliance with all applicable federal, state, and local laws. The Committee or sub -committee reviews occupational illness and injury, and incidents that result in damage to city property, and strives to take action to ensure that unsafe work methods, unsafe work sites, and unsafe equipment are identified and made safe. All employees are required to fully comply with the Safety Program as administered by the Safety Committee. Department directors, management, and supervisory employees are responsible for implementing the Safety Program by training their employees in safe work methods and by enforcing compliance with safety standards set by the Safety Committee. Department directors are responsible for providing all employees with safety equipment and safety clothing that is necessary for employees to perform their duties in a safe manner. New employees receive a copy of the City ofElk River Employee Safety Manua/during their onboarding. Employees are required to read the manual carefully and discuss areas of concern with their supervisor. Employees are required to develop safe work habits and to contribute to the safety of themselves and co-workers. To be successful, the safety program must be the shared responsibility of all employees. Employees are required to: ■ Immediately report to their supervisor all unsafe equipment, practices, or procedures that pose a threat to the safety of employees or others. ■ Cooperate with and assist in the investigation of accidents to identify the causes and to prevent recurrence. ■ Be active in department and city safety programs. ■ Observe and promote safe work habits. ■ Report injuries to supervisor immediately. Employees who do not follow and abide by the city's safety policies will be subject to Page 59181 Page 213 of 447 discipline up to and including termination. Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of employment that such equipment be worn by the employee. Supervisors are authorized to send an employee home immediately when the employee's behavior violates the city's personnel policies, department policies, or creates a potential health or safety issue for the employee or others. Safety Equipment Reimbursement The city reimburses employees for certain foot and eye protection required by the city safety policy. Employees required to wear protective footwear may be reimbursed based on the Foot Protection Policy attached as Exhibit B. Employees required to wear eye protection may be reimbursed based on the Prescription Safety Eyewear Policy attached as Exhibit C. Incident Reporting Employees are required to report accidents resulting in personal injuries and/or vehicle, equipment, or property damage to their supervisor immediately. Employees shall immediately report all accidents and injuries occurring within the course of employment to their supervisor and complete an Employee Incident Report. The supervisor shall submit a Supervisor's Report of Injury Form to Human Resources within twenty-four (24) hours of the injury. Both forms are on Access Elk River. Employees shall immediately report all damage to city property to their supervisor. The supervisor shall submit documentation regarding the incident to the Finance Department within twenty-four (24) hours of the time of the damage or accident. A copy of the Minnesota Motor Vehicle Accident Report must be submitted for all vehicle accidents. Further details on this policy and a complete summary of responsibilities and procedures are available from the Safety Coordinator. Workers' Compensation An employee temporarily unable to work due to an injury or illness sustained in the performance of their city work may be eligible for Workers' Compensation subject to the provisions of the State of Minnesota Workers' Compensation Law. An employee who becomes eligible to receive Workers' Compensation will retain the total amount of the Workers' Compensation check and may receive the difference between their Workers' Compensation payment and the employee's regular gross salary with accrued sick leave. If accrued sick leave is not available, vacation or compensatory time may be used. The total of the Workers' Compensation check and the accrued leave compensation may not exceed the employee's normal gross pay. Page 60181 Page 214 of 447 Conduct Ethics of Public Employment The city affirms it is in the public's interest and general welfare of the community and its residents that a statement of ethics be established for all city employees. Employees shall not use their official position for personal gain, engage in any business, transaction, or have a financial interest, directly or indirectly, conflicting with the proper performance of their official duties. Accepting Gifts Employees shall not accept, either directly or indirectly, any money, property, gift, gratuity, reward, loan, fee, discount, special consideration, or special accommodation arising from or offered because of their employment or any activity connected with their employment with the city. Employee Endorsements No employee shall, in any manner or form, endorse, recommend, or advertise a product or service by using the city's name or the employee's name and/or title. Conflict of Interest The credibility of local government rests heavily upon the confidence residents have in public officials to render fair and impartial services to all without regard to personal interest and/or political influence. Thus, city officials and employees must scrupulously avoid any activities that suggest a conflict of interest between their private interests and city responsibilities. The city has adopted a Conflict of Interest Ordinance that addresses these issues (Chapter 2, Article 3, Division 3, Section 2-132). Employees and officials are required to follow all applicable laws related to conflicts of interest, including the city's Conflict of Interest Ordinance which can be found on Access ElkRiverand in the City Code of Ordinances. Whistleblower Protections An employee of the city who, in good faith, reports an activity that s/he considers to be illegal or dishonest to one or more of the parties may have whistleblower protections. The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures; appropriate city management officials are charged with these responsibilities. Examples of illegal or dishonest activities include violations of federal, state, or local laws; billing for services not performed or for goods not delivered; and other fraudulent financial reporting. If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, Page 61 181 Page 215 of 447 the employee is to contact his/her immediate supervisor or Human Resources. The employee must exercise sound judgment to avoid baseless allegations. An employee who intentionally files a false report of wrongdoing may be subject to discipline up to and including termination. It is the city's legal responsibility to protect employees who make a complaint of employment discrimination, who serve as a witness or participate in an investigation, or who are exercising their rights when requesting religious or disability accommodation from retaliation. Whistleblower protections are provided in two important areas - confidentiality and against retaliation; insofar as consistent with Minnesota Government Data Practices, the confidentiality of the whistleblower will be maintained. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law and to provide accused individuals with their legal rights of defense. The city will not retaliate against a whistleblower. This includes but is not limited to, protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, or poor work assignments and threats of physical harm. Any whistleblower who believes s/he is being retaliated against must contact Human Resources immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing. Sexual Harassment and Respectful Workplace Employees have a right to work in an environment free from discrimination and intimidation, including harassment. The mission of the city is best accomplished in an atmosphere of professionalism that in turn is supported by mutual respect and trust. The city expects all employees to work toward this goal. Harassment based on a person's race, color, creed, religion, national origin, sex, sexual orientation, gender, gender identity, gender expression, disability, age, marital status, familial status, pregnancy, status regarding public assistance, veteran status, or any other protected class status may be unlawful and is strictly prohibited. Abusive Customer Behavior While the city has a strong commitment to customer service, the city does not expect employees to accept verbal and other abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or the employee may defuse the situation themselves, including professionally ending the contact. If there is a concern about the possibility of violence, the employee should use his/her discretion to call 911, and as soon as feasible, a supervisor. Employees should leave the Page 62181 Page 216 of 447 area immediately when violence is imminent unless their duties require them to remain (such as police officers). Employees must notify their supervisor about the incident as soon as possible. Definitions of Sexual and Other Forms of Harassment Harassment consists of unwelcome conduct based on a person's race (including traits associated with race, including, but not limited to, hair texture and hair styles such as braids, locs and twists), color, creed, religion, national origin, sex, sexual orientation, gender, gender identity, gender expression, disability, age, marital status, familial status, pregnancy, status with regard to public assistance, veteran status, or any other protected class status that is interfering with your job performance; or creating an intimidating, hostile, or offensive work environment; or when submission to such conduct is explicitly or implicitly: • a term or condition of employment; or ■ a basis for an employment decision affecting your job; or ■ has the purpose or result of unreasonably interfering with your work performance or creating an intimidating, hostile, or offensive work environment. The city prohibits harassment in any form, including verbal, physical, and visual harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature that is interfering with your job performance; or creating an intimidating, hostile, or offensive work environment; or when submission to such conduct is explicitly or implicitly: ■ a term or condition of employment; or ■ a basis for an employment decision affecting your job; or ■ has the purpose or result or unreasonably interfering with your work performance or creating an intimidating, hostile, or offensive work environment. The city prohibits sexual harassment in any form, including verbal, physical, and visual harassment. Some examples of conduct that may be sexual harassment under this policy include: ■ Use of offensive or demeaning terms which have sexual connotations. ■ Telling suggestive jokes or stories and conversations about sexual exploits, sexual preferences, and desires. ■ Posting jokes, cartoons, pictures, objects, or stories which have a sexual content. ■ Threats, demands or suggestions that an employee's work status, advancement, or other terms and conditions of employment are contingent upon the employee's toleration of or acquiescence to unwelcome sexual advances. Page 63181 Page 217 of 447 ■ Repeated, unwelcome sexual flirtations, propositions, or invitations to social engagements; or unwelcome and objectionable physical contact or physical proximity. Types of Disrespectful Behavior ■ Violent behavior including the use of physical force, harassment, bullying, or intimidation. Discriminatory behavior including inappropriate remarks about or conduct related to a person's legally protected characteristic such as race, color, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity or gender expression, familial status, or status regarding public assistance. Offensive behavior including such actions as rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disparaging language, or any other behavior regarded as offensive to a reasonable person. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and supervisor what is regarded as offensive, considering the sensibilities of employees and the possibility of public reaction. Although the standard for how employees treat each other and the public will be the same throughout the city, there may be differences between work groups about what is appropriate in other circumstances unique to a work group. If an employee is unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor or the city administrator. Scope of Policy This policy prohibits harassment, sexual harassment, and disrespectful behavior by members of the same or opposite sex. In addition, this policy prohibits any form of harassment or disrespectful behavior by any individual, including managers and supervisors, employees, co-workers, and third parties such as clients, elected officials, consultants, contractors, or vendors who interact with employees. Responding to Disrespectful Workplace Behavior All employees should feel comfortable calling their supervisor or another manager to request assistance should they not feel comfortable with a situation. If situations involve violent behavior call the police, ask the individual to leave the area, and/or take other reasonable action. If employees see or overhear what they believe is a violation of this policy, employees should advise a supervisor, the city administrator, or human resources promptly. Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation in one of the ways listed below. If there is a concern about the possibility of violence, the individual should use his/her discretion to call 911, and as soon as feasible, Page 64181 Page 218 of 447 notify a supervisor. In the event the disrespectful behavior occurring involves the employee's supervisor, the employee should contact human resources, the supervisor's manager, or the city administrator. Ste 11(a). If you feel comfortable doing so, professionally, but firmly, tell whoever is engaging in the disrespectful behavior how you feel about their actions. Politely request the person to stop the behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for this discussion. Ste 11(b). If you fear adverse consequences could result from telling the offender or if the matter is not resolved by direct contact, go to your supervisor, human resources, your supervisor's supervisor, or the city administrator. The person to whom you speak is responsible for documenting the issues and for giving you a status report on the matter. In some situations, such as with an offender from the public, it is preferable to avoid one on one interactions. Talk to your supervisor about available options to ensure there are others available to help with transactions with the offender. Step 1(c). The city urges conduct which is viewed as offensive be reported immediately to allow for corrective action to be taken through education and immediate counseling, if appropriate. It is vitally important you notify a supervisor, the city administrator, or human resources promptly of your concerns. Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it promptly to a supervisor, human resources, or the city administrator. Reporting Harassment including Sexual Harassment If at any time you feel you are being harassed, you should immediately contact: ■ your supervisor; and/or ■ a department director; and/or ■ Human Resources; and/or ■ the city administrator. The city wants to resolve any problems, but it can do so only if it is aware of them. The city encourages anyone who believes s/he is being harassed to immediately report all incidents of perceived harassment. Your report may be verbal or written; in either case, it is important that you state that your report is being made under this harassment policy, or that it concerns harassment. You may choose to whom you make the report; that choice, however, must be made from the list of individuals named above. The city will promptly investigate harassment complaints and take appropriate action. Employees found to have committed harassing acts will be subject to corrective action up to and including termination. Page 65181 Page 219 of 447 City's Response Employees who have a complaint of disrespectful workplace behavior will be taken seriously. In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations promptly to human resources or the city administrator, who will determine whether an investigation is warranted. A supervisor must act upon such a report even if requested otherwise by the victim. In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines when an allegation is reported: Step 1(a). If the nature of the allegation and the wishes of the victim warrant a simple intervention, the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching session with the offender, explaining the impact of his/her actions and requiring the conduct not to reoccur. This approach is particularly appropriate when there is some ambiguity about whether the conduct was disrespectful. The allegation shall be reported to human resources or the city administrator. Ste 11(b). Supervisors, when talking with the reporting employee, will be encouraged to ask him/her what he/she wants to see happen next. When an employee comes forward with a complaint, it is important to note the city cannot promise complete confidentiality, due to the need to investigate the issue properly. However, any investigation process will be handled as confidentially as practical and related information will only be shared on a need -to -know basis and in accordance with the Minnesota Government Data Practices Act and/or any other applicable laws. Step 2. If a formal investigation is warranted, the individual alleging a violation of this policy will be interviewed to discuss the nature of the allegations. Formal investigations will be prompt, impartial, and thorough. The person being interviewed may have someone of his/her choosing be present during the interview. Typically, the investigator will obtain the following description of the incident, including date, time, and place: • Corroborating evidence. • A list of witnesses. • Identification of the offender. To facilitate fostering a respectful work environment, all employees are encouraged to respond to questions or to otherwise participate in investigations regarding alleged harassment. Step33. The supervisor must notify human resources or the city administrator about the allegations. Step44. In most cases, as soon as practical after receiving the written or verbal complaint, Page 66181 Page 220 of 447 the alleged policy violator will be informed of the allegations, and the alleged violator will have the opportunity to answer questions and respond to the allegations. The city will follow any other applicable policies or laws in the investigatory process. Step 5. After adequate investigation and consultation with the appropriate personnel, a decision will be made regarding whether disciplinary action will be taken. Step 6. The alleged violator and complainant will be advised of the findings and conclusions as soon as practicable and to the extent permitted by the Minnesota Government Data Practices Act. Step 7. The city will take reasonable and timely action, depending on the circumstances of the situation. The city is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. § 363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of the Department of Human Rights. Confidentiality A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person's name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees' personnel files. If disciplinary action does result from the investigation, the results of the disciplinary action will then become a part of the employee(s) personnel file(s). Retaliation Retaliation is strictly prohibited. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. Individuals who report harassing conduct, participate in investigations, or take any other actions protected under federal or state employment discrimination laws will not be subject to retaliation. Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation, reprisal, or harassment. While each situation is very fact dependent, retaliation can include a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance evaluations, or transfers to less prestigious or desirable work or work locations because an employee has engaged or may engage in activity in furtherance of EEO laws. It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action, deportation or other action with immigration authorities, disparagement to others or the media, and making false reports to government authorities because an Page 67181 Page 221 of 447 employee has engaged or may engage in protected activities. Any individual who retaliates against a person who testifies, assists, or participates in an investigation may be subject to disciplinary action up to and including termination. If you feel retaliation is occurring within the workplace, report your concern immediately to your immediate supervisor, your supervisor's manager, human resources, or the city administrator. Supervisors who have been approached by employees with claims of retaliation will take the complaint seriously and promptly report the allegations to the city administrator, or if the complaint is against the city administrator to human resources, who will decide how to proceed in addressing the complaint. Consistent with the terms of applicable statutes and city personnel policies, the city may discipline any individual who retaliates against any person who reports alleged violations of this policy. The city may also discipline any individual who retaliates against any participant in an investigation, proceeding, or hearing relating to the report of alleged violations. Questions About Policy Any questions about this policy or a related matter should be referred to the city administrator or Human Resources. Workplace Violence and Possession of Dangerous Weapons The city seeks to provide a safe and secure workplace environment for employees, volunteers, vendors, and citizens. Violence, or the threat of violence, has no place on city premises. The city is committed to preventing the potential for violence in and around the workplace and to fostering a work environment of respect and positive conflict resolution. Many employees may be exposed to violence by the nature of their jobs. Violence or the threat of violence by or against any employee or other person while on city premises is strictly prohibited and may subject the individual to serious disciplinary action and/or criminal charges. Possession, use, or threatened use of an object that could be considered a dangerous weapon, including all firearms, is prohibited on city premises, including city vehicles and personal vehicles used for city business. This includes employees with valid permits to carry firearms. The following exceptions to the dangerous weapons prohibition are as follows: ■ Employees legally in possession of a firearm for which the employee holds a valid permit, if required, and said firearm is concealed from view within a locked rage 68181 Page 222 of 447 personal vehicle while that person is working on city property. A person who is showing or transferring the weapon or firearm to a police officer as part of an investigation. Police officers and employees who are in possession of a weapon or firearm in the scope of their official duties. The city strives to provide a workplace environment in which all its officials and employees treat each other, their customers, clients, and all others with courtesy, dignity, and respect. Drug and Alcohol Policy Employees are expected and required to report to work on time and in appropriate mental and physical condition. It is the city's intent and obligation to provide a drug -free, safe, and secure work environment. The city contracts with federal agencies and is subject to the federal Drug -Free Workplace Act which places certain requirements on employers to maintain a drug -free workplace. In accordance with the act, you are hereby notified: The unlawful manufacture, distribution, dispensation, possession, or use of any controlled substance (including alcohol) is prohibited on city property or while conducting city business. Employees violating this prohibition may be subject to disciplinary action including, but not limited to, suspension or termination, and may have legal consequences. Controlled substances include, but are not limited to, opiates, hallucinogenic substances, depressants, stimulants, and narcotics. The Drug -Free Workplace Act prohibits only unlawful(federal) use, possession, or distribution of such drugs in the workplace, and not the lawful use of prescription medications. The lawful use of a controlled substance, including alcohol and cannabis is prohibited on city property or while conducting city business with an exception for use in the Alcohol Product Sampling Policy pertaining to municipal liquor store employees or while attending an event as a participant that is being held on city property. Employees violating this prohibition may be subject to disciplinary action including, but not limited to, suspension or termination. Employees taking prescription or over-the-counter drugs that may affect the safety of others must obtain a determination from their physician as to whether the drug could affect the job safety of the employee or others. If job safety may be affected, the employee must inform his or her immediate supervisor so that appropriate accommodation and arrangements can be made. The city recognizes drug abuse as a potential health, safety, and security problem. Page 69181 Page 223 of 447 Employees needing help in dealing with such problems are encouraged to use the Employee Assistance Plan or their health insurance plans, as appropriate. As a condition of continued employment at the city, all employees must: ■ Abide by the terms of this policy; and ■ Notify the employee's supervisor, Human Resources, or city administrator of any criminal drug statute conviction arising out of a violation occurring on or off work premises while conducting city business no later than five days after the conviction. The city retains the right, at its sole discretion, to report employee conduct violating this policy to law enforcement officials and to turn over any controlled substances to the custody of law enforcement officials. It is the city's continued policy to maintain a drug -free workplace. If you have questions about this policy, its implementation, or its application to you, please contact the city administrator or Human Resources. Page 70181 Page 224 of 447 EXHIBIT A City of E I k River Fitness Room Policy INTRODUCTION The City of Elk River strongly believes in a philosophy of promoting employee wellness. An employee wellness program benefits both the employer and employee as well as the community. Healthy employees tend to be more productive, and healthy employees reduce expenditures (i.e. city insurance costs; use of sick time and its related overtime expenses; etc.). In the spirit of a healthy workplace, the city provides and outfits a fitness room as one part of a greater city wellness program. POLICY This policy encourages everyone to utilize the wellness room; with respect to limitations of types of equipment, locker space and workout space. Employee and Guest The fitness room is not a health club. Use of this room and equipment is open to all city and municipal utilities employees, and city council Members. Employees may bring one guest at any one time. Guests are not allowed use of the facility without the Employee. Guests must be over the age of eighteen (18). Due to safety and insurance issues, no one under the age of eighteen (18) is allowed in the fitness room under any circumstances. Waiver All employees who use the fitness room and equipment, and all guests, must sign a release waiver prior to using the fitness room. This is a requirement of the city insurance company. Available Times The fitness room is open 24-hours a day, but guests are only allowed with an employee. Lockers and Showers Lockers and showers are available. Lockers are intended to secure street clothes and valuables while exercising, not as an extended use. Employees shall leave the locker rooms in a clean, neat condition and shall not leave personal items in the lockers. Employees should be courteous - keep your time limited in the locker rooms if others are waiting. The city does not provide towels for the locker room or for use with the equipment. Page 225 of 447 Miscellaneous Issues ■ Training on the use of the equipment can be arranged in group settings, as necessary. ■ After receipt of a signed agreement, key reader access will be provided to employees who desire access to the room. ■ Disinfecting supplies are in the fitness room and users must clean equipment after use. Conduct and Procedures 1. Proper Attire is required at all times including shirts and closed -toe footwear. 2. Foul or Abusive Language is prohibited. 3. Dumbbells, plates, and other equipment must be returned to the proper rack, stand, or location. 4. Dropping of Dumbbells or other equipment on the fitness room floor is not allowed. 5. Machines such as exercise bike, treadmill, and stair climber should be powered off after use unless others are waiting to use it. 6. Disinfecting Supplies are provided. All equipment should be disinfected after each use. 7. Breakdown of any piece of equipment should be tagged and brought to the attention of a supervisor as soon as possible. 8. Chalk is allowed if used neatly. 9. Music is allowed if kept at a reasonable level and is powered off when leaving the room. 10. Lights and fans should be turned off when the fitness room is not in use. Update: December 2023 Page 226 of 447 Fitness Room Agreement and Release The City of Elk River ("City") has made available a fitness and workout facility (the "Facility") for the exclusive use of city and municipal utilities employees, and city council members ("Employee"). Employee's may be accompanied by one (1) guest who must be 18 years of age or older.. City and municipal utilities employees and council members are responsible for their guest. The undersigned employee and their guest ("Employee") shall be permitted to make use of the Facility upon the following terms and conditions: 1. Employee agrees to use the Facility only in accordance with rules and regulations adopted by the City, in the City's sole discretion. 2. Employee specifically agrees not to use the Facility while under the influence of any mind -altering drug or chemical, including specifically, but not exclusively, alcohol of any sort. 3. Employee acknowledges that no instruction as to the use of the Facility or any equipment therein will be provided by the City. Employee agrees to take sole responsibility to become familiar with the proper and safe use of any equipment within the Facility. 4. Employee acknowledges that certain risks may exist in the use of fitness and workout equipment. These risks include injury through defective equipment or improper use of equipment or improper conduct by Employee or third parties. Employee agrees to release City and its respective officers and employees from any claim Employee may have to any incident which occurs in or arises in any way out of Employee's use of the Facility or any equipment therein including specifically, but not exclusively, claims for personal injury, death, or property damage. Employee further agrees to indemnify, defend and hold harmless the city and its officers and employees and agents from claims for personal injury, death, or property damage for incidents occurring in or about the Facility. 5. EMPLOYEE ACKNOWLEDGES THAT THE FACILITY WILL NOT BE SUPERVISED AND AGREES THAT EMPLOYEE MAKES USE OF THE FACILITY AT EMPLOYEE'S OWN RISK. 6. EMPLOYEE HAS READ THE FITNESS ROOM POLICY AND AGREES TO ABIDE BY THE RULES STATED IN THE POLICY. 7. Terms of this Agreement apply equally to the guest as to the Employee. Employee's Signature Print Name Date Update: December 2023 Page 227 of 447 City of Elk River Foot Protection Policy All employees will wear footwear appropriate to their job duties. Each affected employee shall wear protective footwear when working in areas where there is a danger of foot injuries due to: ■ Falling and rolling objects ■ Objects piercing the sole ■ Exposure to electrical hazards Employees required to wear protective footwear include: Street/Parks employees, Wastewater Treatment Facility employees, Building Maintenance employees except custodians, Building Inspectors, Fire Inspectors, and any city employee required to wear protective footwear as determined by their supervisor. Protective Footwear Standard Must comply with ASTM F2413 Standard which provide both impact and compression protection. Allowance The city will provide up to $200 per year for regular employees and up to $75 per year for temporary employees toward the purchase of protective footwear. Funds more than those used for footwear may be used to purchase approved safety equipment as authorized by their department director. Some vendors may bill the city directly or original receipts must be submitted to the Finance Department for reimbursement. The cost of footwear exceeding approved allowance is the responsibility of the employee. Adopted: May 17, 1999 Updated: February 9, 2004 December 2020 August 8, 2023 Page 228 of 447 City of Elk River Prescription Safety Eyewear Policy Prescription Safety Eyewear For those regular employees required to wear eye protection, the city will pay for basic protective eyewear for single vision, bifocal, and trifocal prescriptions (includes safety lenses, standard frame with side shields, case, and dispensing fee). The city will provide one (1) complete pair of clear protective industrial safety eyewear every two (2) years or at the supervisor's discretion due to prescription change or damage resulting from work -related hazards. "Clear" lenses under this definition will also include lens tints in shades 1 or 2. Transition or changeable tint lenses that meet OSHA standard 87Z will be allowed. The eye protection selected must clearly identify the manufacturer. Any new eye protective devices must comply with any of the following: ANSI Z87.1-2010, ANSI Z87.1-2003, or ANSI Z87.1-1989(R1998) or be at least as effective as this standard requires. All charges relating to eye examinations, optional frame styles, or lens treatments will be the responsibility of the employee. Employees shall use only Walman Optical approved providers. A list of approved providers can be found at www.WaImanOpticalsafetyeyewear.com under Resources, Find an Eye Doctor. Order forms are on Access under Safety, Safety Forms. Adopted: May 17, 1999 Updated: July 18, 2001 September 2014 December 2020 December 2023 Page 229 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Agreement 25-38: Accurint Virtual Crime Center Servic38 Item Number 4.5 Prepared By Lindsay Brandner, Senior Administrative Assistant Reviewed by David Kuhnly Cal Portner Tina Allard Action Requested Adopt, by motion, Agreement 25-38: Accurint Virtual Crime Center. Background/Discussion Accurint is an investigative software used by police officers and the crime analyst to assist in investigating crimes by using public source information and law enforcement information. This software was discussed and requested during the 2026 budgeting process, replacing two current software applications, First To and TLO. Financial Impact The cost for this software is $4,400.00 and is budgeted in the police department's 2026 budget. Mission/Policy/Goal Improve citizen quality of life. Attachments I . Accurint Addendum 2. Accurint Agreement The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E U A Y engagement that encourages and inspires prosperity11112111 447 Accurint Virtual Crime Center/Accurint Crime Analysis/ LexisNexis Community Crime Map/ AVCC XML Addendum This Accurint Virtual Crime Center/Accurint Crime Analysis/LexisNexis Community Crime Map/AVCC XML Addendum ("Addendum") sets forth additional or amended terms and conditions for the use of Accurint Virtual Crime Center; Accurint Crime Analysis; LexisNexis Community Crime Map and/or AVCC XML (the "LN Services" provided herein), which are in addition to, and without limitation of, the terms and conditions set forth in the services agreement between the customer identified below ("Customer") and LexisNexis Risk Solutions FL Inc. or its affiliated entity ("LN") for the LN Services (such services agreement, the "Agreement"). The LN Services subscribed to herein will be listed on Customer's Schedule A. Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Agreement. I. Public Safety Data Exchange Database LN, as a vendor that processes information for its government customers, maintains the LexisNexis Public Safety Data Exchange Database ("PSDEX"), which contains information related to public safety and law enforcement investigations. PSDEX is compiled from information submitted by PSDEX customers and enhanced by LN data and technology such as LexID or data updates to allow LN's PSDEX customers to easily search and access information beyond their jurisdiction for analysis, investigations and reporting or other applications to accomplish their mission. In exchange for good and valuable consideration, including access to PSDEX, Customer hereby agrees to contribute public safety information (the "Customer Data Contribution") that it and other PSDEX customers may use for analysis, investigations and reporting or other applications to accomplish their mission. LN's obligations. a. LN agrees to provide PSDEX information to Customer. b. LN agrees to provide Customer with instructions for submitting information to the PSDEX database and for using the PSDEX service. c. LN agrees to provide all LN employees, with physical or logical access to Customer Data Contributions, level four security awareness training as defined and listed in the Criminal Justice Information Services (CJIS) Security Policy. d. LN agrees to access, store, and process Customer's Customer Data Contributions in accordance with the CJIS Security Policy, to the extent applicable to LN's accessing, storage, and processing of such data. Customer obligations. a. Customer agrees to submit to LN, with reasonable promptness and consistency, Customer Data Contributions. b. Customer acknowledges and agrees that it is solely responsible for the content of the Customer Data Contributions submitted to LN and that it shall use reasonable care to ensure the information submitted is a reasonable reflection of the actual report. Each submission to LN with respect to an incident or subject constitutes a Customer Data Contribution. c. Customer's disclosure of information to LN is and will be in compliance with all applicable laws, regulations and rulings. d. Customer agrees to access, store, and process other customer's Customer Data Contributions in accordance with the CJIS Security Policy, to the extent applicable to Customer's accessing, storage, and processing of such data. e. Customer agrees to notify LN promptly of any change in status, factual background, circumstances or errors concerning any Customer Data Contribution previously provided to LN. Customer further agrees to submit corrected information in a timely manner. Customer agrees that it will fully and promptly cooperate with LN should any inquiry about the Customer Data Contributions arise. f. The following named individual/department shall serve as the contact person(s) for submissions made to LN. The contact person shall respond to requests from LN for clarification or updates on incident reports submitted by Customer during normal business hours, and Customer will not unreasonably withhold from LN information on any such submission. LN shall not reveal the identity of the Customer's contact person(s) to any other PSDEX customer without Customer's consent. ADDM_ AVCC/ACA/CCM (Q3.21.v1) Confidential Page 1 of 5 Page 231 of 447 Name: Title: Address: Phone: Fax: Email: Customer agrees that it will access information contributed to PSDEX by other customers only through LN and any Customer employee permitted access to PSDEX by Customer shall be a CJI Authorized User/Personnel that has undergone appropriate Security Awareness Training as those terms are used in the CJIS Security Policy. Customer agrees that, to the extent permitted under applicable law, LN and all other PSDEX customers shall not be liable to Customer, and Customer hereby releases LN and all other PSDEX customers from liability to Customer, for any claims, damages, liabilities, losses and injuries arising out of, or caused in whole or in part by LN or each such other PSDEX customer's acts and omissions in reporting or updating Customer Data Contributions for inclusion in PSDEX. Other PSDEX customers are intended to be third party beneficiaries of this paragraph. II. General Terms LICENSE GRANT. Customer, at no charge, hereby grants to LN a paid up, irrevocable, worldwide, non- exclusive license to use, adapt, compile, aggregate, create derivative works, transfer, transmit, publish and distribute the Customer Data Contributions (1) to PSDEX customers; and (2) by agreement by initialing below, a de -identified subset (e.g., crime type, date/time of the incident, and the area that the incident has occurred) to third -parties assisting the public with a view of de -identified crime data. For purposes of clarification, Customer is the owner of its Customer Data Contributions and is hereby licensing to LN a copy of its Customer Data Contributions. Customer will not provide a de -identified subset of its data to third parties (initials I FBI C]IS SECURITY ADDENDUM. This Addendum incorporates by reference the requirements of the FBI CJIS Security Policy and the FBI CJIS Security Addendum (FBI CJIS Security Policy Appendix H attached hereto as Exhibit A), as in force as of the date of this Addendum and as may, from time to time hereafter, be amended. The parties warrant that they have the technological capability to handle Criminal Justice Information (CJI), as that term is defined by the FBI CJIS Security Policy, in the manner required by the CJIS Security Policy. The parties expressly acknowledge that the CJIS Security Policy places restrictions and limitations on the access to, use of, and dissemination of CJI and hereby warrant that their respective systems abide by those restrictions and limitations. GOOGLE GEOCODER. LN uses Google Geocoder to geocode address locations that do not already contain "X" and "Y" coordinates. Any "X" and "Y" coordinate information provided by the Customer is assumed by LN to be accurate and will not be geocoded by Google Geocoder. Crime dot locations geocoded by Google Geocoder as displayed in PSDEX are approximate due to automated location methods and address inconsistencies. DATA DISCLAIMER. LN is not responsible for the loss of any data or the accuracy of the data, or for any errors or omissions in the LN Services or the use of the LN Services or data therein by any third party, including the public or any law enforcement or governmental agencies. Due to the nature of the origin of public safety information, the data contained in PSDEX may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The LN Services aggregate and report data as provided by PSDEX customers and is not the source of the data, nor is it a comprehensive compilation of all law enforcement data. Before Customer relies on any data, it should be independently verified. LINKS TO THIRD PARTY SITES. PSDEX may contain links or produce search results that reference links to third party websites ("Linked Sites"). LN has no control over these Linked Sites or the content within them. LN cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. LN does not endorse the content of any Linked Site, nor does it warrant that a Linked Site will not contain computer viruses or other harmful ADDM_ AVCC/ACA/CCM (Q3.21.v1) Confidential Page 2 of 5 Page 232 of 447 code. By using PSDEX to search for or link to Linked Sites, Customer agrees and understands that such use is entirely at its own risk, and that Customer may not make any claim against LN for any damages or losses whatsoever resulting from such use. 6. OWNERSHIP OF SUBMITTED CONTENT. All information provided by a PSDEX customer is offered and owned by that customer. Unless otherwise indicated by written request from Customer, all data will be retained by LN and remain accessible by others in accordance with the provisions of this Addendum. AUTHORIZATION AND ACCEPTANCE I HEREBY CERTIFY that I am authorized to execute this Addendum on behalf of Customer. Required: Customer ORI number (Originating Agency Identifier): CUSTOMER: Signature: Print: Title: Date: ADDM_ AVCC/ACA/CCM (Q3.21.v1) Confidential Page 3 of 5 Page 233 of 447 Exhibit A FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM The goal of this document is to augment the CJIS Security Policy to ensure adequate security is provided for criminal justice systems while (1) under the control or management of a private entity or (2) connectivity to FBI CJIS Systems has been provided to a private entity (contractor). Adequate security is defined in Office of Management and Budget Circular A-130 as "security commensurate with the risk and magnitude of harm resulting from the loss, misuse, or unauthorized access to or modification of information." The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of the FBI's information resources are not compromised. The security program shall include consideration of personnel security, site security, system security, and data security, and technical security. The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities supporting and/or acting on behalf of the government agency. 1.00 Definitions 1.01 Contracting Government Agency (CGA) - the government agency, whether a Criminal Justice Agency or a Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Security Addendum. 1.02 Contractor - a private business, organization or individual which has entered into an agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency. 2.00 Responsibilities of the Contracting Government Agency. 2.01 The CGA will ensure that each Contractor employee receives a copy of the Security Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum. The signed acknowledgments shall remain in the possession of the CGA and available for audit purposes. The acknowledgement may be signed by hand or via digital signature (see glossary for definition of digital signature). 3.00 Responsibilities of the Contractor. 3.01 The Contractor will maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed and all subsequent versions), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). 4.00 Security Violations. 4.01 The CGA must report security violations to the CJIS Systems Officer (CSO) and the Director, FBI, along with indications of actions taken by the CGA and Contractor. 4.02 Security violations can justify termination of the appended agreement. 4.03 Upon notification, the FBI reserves the right to: a. Investigate or decline to investigate any report of unauthorized use; b. Suspend or terminate access and services, including telecommunications links. The FBI will provide the CSO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CGA and Contractor. Upon termination, the Contractor's records containing CHRI must be deleted or returned to the CGA. 5.00 Audit 5.01 The FBI is authorized to perform a final audit of the Contractor's systems after termination of the Security Addendum. 6.00 Scope and Authority 6.01 This Security Addendum does not confer, grant, or authorize any rights, privileges, or obligations on any persons other than the Contractor, CGA, CJA (where applicable), CSA, and FBI. 6.02 The following documents are incorporated by reference and made part of this agreement: (1) the Security Addendum; (2) the NCIC 2000 Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20. The parties are also subject to applicable federal and state laws and regulations. ADDM_ AVCC/ACA/CCM (Q3.21.v1) Confidential Page 4 of 5 Page 234 of 447 6.03 The terms set forth in this document do not constitute the sole understanding by and between the parties hereto; rather they augment the provisions of the CJIS Security Policy to provide a minimum basis for the security of the system and contained information and it is understood that there may be terms and conditions of the appended Agreement which impose more stringent requirements upon the Contractor. 6.04 This Security Addendum may only be modified by the FBI, and may not be modified by the parties to the appended Agreement without the consent of the FBI. 6.05 All notices and correspondence shall be forwarded by First Class mail to: Information Security Officer Criminal Justice Information Services Division, FBI 1000 Custer Hollow Road Clarksburg, West Virginia 26306 ADDM_ AVCC/ACA/CCM (Q3.21.v1) Confidential Page 5 of 5 Page 235 of 447 December 9, 2025 LexisNexis® Risk Solutions SCHEDULE A Accurint Virtual Crime Center Online (Subscription) Customer Name: Elk River Police Department Billgroup #: ACC-1724587 LN Account Manager: Brian Burson This Schedule A sets forth additional or amended terms and conditions for the use of the Accurint Virtual Crime Center services ("LN Services"), as set forth in the services agreement for the LN Services between Customer and the LexisNexis Risk Solutions entity as further defined therein ("Agreement"), to which this Schedule A is incorporated by reference. For purposes of the Agreement and this Schedule A, all applicable LexisNexis Risk Solutions entities shall be individually and collectively referred to as "LN". Customer acknowledges that the services provided under this Schedule A are non-FCRA services. 1. SCHEDULE A TERM The term of this Schedule A will be 12 months beginning January 1, 2026 (the "Initial Term"). Following the Initial Term, this Schedule A shall automatically renew for additional periods of twelve (12) months (each one, a "Renewal Term"), unless written notice of termination is provided to either party at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. If an account is activated after the first day of a calendar month, charges will not be pro -rated. 2. ACCURINT VIRTUAL CRIME CENTER FEES 2.1 Subscription Fees: Beginning on the effective date hereof, each 12-month period ("Year") Customer shall pay to LN $4,400.00 ("AVCC Annual Subscription Fee"), to be invoiced in equal monthly installments, in exchange for unlimited use of Accurint Virtual Crime Center, Accurint for Law Enforcement (as further described in Section 2.2) and Accurint for Law Enforcement Mobile. The AVCC Annual Subscription Fee shall include up to 0 Database Interfaces. In the event Customer elects to purchase additional Database Interfaces, Customer shall pay to LN a fee of $1,600.00 per Year for each additional Database Interface, to be invoiced in equal monthly installments. 2.2 Accurint for Law Enforcement Subscription: All of the searches and reports included in the attached Price Schedules are referred to as the "Features". The AVCC Annual Subscription Fee includes unlimited access to all Features, excluding those Features identified herein as Excluded Features but including the Premium Features listed in Section 2.3. 2.3 Accurint for Law Enforcement Premium Features: Email Search Premium, Real Time Phones and Virtual Identity Search & Report, including when these features are report components. 2.4 Jail Booking Search & Report Option: Access to the Jail Booking Search & Report features are included in the AVCC Annual Subscription Fee. The Jail Booking Search & Report data provided under this Schedule A shall only be used for the purposes of determining the arrest/incarceration status of particular individuals and shall serve solely as a tip or lead from which Customer can then initiate its own independent investigation. Any determination reached by Customer with regard to an individual or individuals featured in the Jail Booking Search & Report shall be based solely on data gathered by Customer pursuant to its own internal investigations. 2.5 Features Not Included: The following Features ("Excluded Features") are not included in the AVCC Annual Subscription Fee and shall in all cases be charged separately according to the pricing specified in the attached Price Schedule: Advanced Sexual Offender Search Bankruptcy Docket Sheet Bankruptcy Documents Canadian Phones Comprehensive Healthcare Business and Provider Report Court Search Wizard Page 1 of 10 Confidential 574984.1v2 Accurint Virtual Crime Center (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Page 236 of 447 December 9, 2025 Dun & Bradstreet Global Market Identifiers Dun & Bradstreet Search and Report DE Corporation Search and Report FCRA Credit Reports Flat Rate Comprehensive Healthcare Business and Provider Report InstantlD Q&A Law Enforcement Location Report News Searches Online Batch Services OSHA Investigative Reports Search Property Deed Image Provider Report Card Provider Sanction Search and Report Provider Search and Report Real Time Person Search SEC Filings Workplace Locator XML LN standard pricing will be in effect for any new features made generally available by LN subsequent to the execution of this Schedule A. 2.6 Accurint TraX Option: In addition to the other fees set forth herein, Customer shall pay to LN each Year $2,000.00, to be invoiced in equal monthly installments, in exchange for access to the Accurint TraX option. 2.7 Fee Increases: At the end of each Year, all fees herein will be increased 5.00%. 2.8 Amounts Payable: Customer agrees to pay LN in accordance with any invoice for the fees set forth above. 3. EXPIRATION Unless otherwise accepted by LN, the terms herein are valid if the Schedule A is signed by the Customer and received by LN on or before December 23, 2025. 4. CONFIDENTIAL INFORMATION This Schedule A contains the confidential pricing information of LN. Customer acknowledges that the disclosure of such pricing information could cause competitive harm to LN, and as such, Customer agrees to maintain this Schedule A in trust and confidence and take reasonable precautions against disclosure to any third party to the extent permitted by local and state law. AGREED TO AND ACCEPTED BY: Elk River Police Department Signed: Name: Job Title: Date: Page 2 of 10 Confidential 574984.1v2 Accurint Virtual Crime Center (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Page 237 of 447 December 9, 2025 Accurint for Law Enforcement (Updated March 20, 2025) (Plan 44) (Pricing is per hit unless otherwise indicated. All searches/reports with a price of $0.00 are considered "Standard Features" and are included in Subscription plan.) PRICE ACCURINT FOR LAW ENFORCEMENT FEATURES PRICE Advanced Motor Vehicle Search $0.00 Advanced Person Search $0.00 Automated Valuation Model (AVM) Report $0.00 Associates ("Next Steps") $0.00 Bankruptcies, Liens & Judgments Search $0.00 Bankruptcy Search $0.00 Bankruptcy Report $0.00 Bankruptcy Docket Sheet ($0.50 For First 5 Pages & $0.20 Per Page Thereafter) (not discountable) $0.50 Bankruptcy Documents (Per Page, Up To Max Charge Of $6 Per Document) (not discountable) $0.20 Boolean Search $0.00 Business Credit $0.00 Business Credit Report $0.00 Business Search $0.00 Businesses In The News (not discountable) $5.00 Canadian Phones $0.40 Civil Courts Search (Report Included) $0.00 CLIA Report $0.00 Concealed Weapons Permit $0.00 Corporation Filings (Report Included Except In Delaware) $0.00 Court Search Wizard (Additional Fees May Apply; Orders Are Non -Refundable) -- -County Civil Lower & Upper Court - 7 Year (not discountable) $35.00 -County Civil Lower & Upper Court - 10 Year (not discountable) $40.00 -County Criminal - 7 Year (not discountable) $25.00 -County Criminal - 10 Year (not discountable) $30.00 -Federal Division Civil - 7 Year (not discountable) $16.00 -Federal Division Civil - 10 Year (not discountable) $25.00 -Federal Division Criminal - 7 Year (not discountable) $16.00 -Federal Division Criminal - 10 Year (not discountable) $25.00 -Statewide Criminal (not discountable) $24.00 Criminal Records $0.00 Criminal Records Report $0.00 DEA Controlled Substances License Search $0.00 Death Records $0.00 Death Records Report $0.00 Delaware Corporations (not discountable) $1.00 Delaware Corporations Report (not discountable) $11.00 Page 3 of 10 Confidential 574984.1v2 Accurint Virtual Crime Center (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Page 238 of 447 December 9, 2025 Disclosed Entity Service $0.00 Driver Licenses $0.00 Dun & Bradstreet Global Market Identifiers Search $3.75 Dun & Bradstreet Search (not discountable) $0.25 Dun & Bradstreet Report (not discountable) $3.75 Email Search Premium (not discountable) $0.40 FAA Aircraft (Report Included) $0.00 FAA Pilots (Report Included) $0.00 Federal Civil Court Records Search $0.00 Federal Criminal Court Records Search $0.00 Federal Firearms & Explosives $0.00 Federal Employer ID Numbers (FEIN) $0.00 Fictitious Business Name $0.00 Foreclosures Search (Report Included) $0.00 Hunting/Fishing Licenses $0.00 InstantlD Q&A (charged per search) $1.30 Law Enforcement Location Report (charged per search) $1.00 Liens & Judgments $0.00 Liens & Judgments Report $0.00 Marriages / Divorces Search $0.00 Motor Vehicles Search $0.00 Motor Vehicles Report $0.00 MVR Wildcard Search $0.00 National UCC Filings (Report Included) $0.00 NCPDP (National Council for Prescription Drug Programs) Search $0.00 NCPDP (National Council for Prescription Drug Programs) Report $0.00 Neighbors ("Next Steps") $0.00 NPI Data Search $0.00 NPI Report $0.00 Official Records Search (Report Included) $0.00 OSHA Investigative Reports Search $1.00 Passport Validation $0.00 People At Work Search $0.00 People In The News (not discountable) $5.00 Person Alerts Monitoring (Monthly Monitoring Transactions Per Acct.) (Alerts Charged At Regular Price) -1 - 50 $0.00 -51 - 250 $0.00 -251 - 500 $0.00 -501 - 1,000 $0.00 -1,001 - 5,000 $0.00 -5,001 - 25,000 $0.00 -25,001 - 100,000 $0.00 Professional Licenses (Report Included) $0.00 Property Deed Search $0.00 Page 4 of 10 Confidential 574984.1v2 Accurint Virtual Crime Center (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Page 239 of 447 December 9, 2025 Property Assessment Search $0.00 Property Assessment Report $0.00 Property Deed Report (excluding Deed Image) $0.00 Property Deed Image (additional charge when ordered from within Property Reports) (not discountable) $8.00 Property Search (Property Assessments, Deeds & Mortgages) $0.00 Property Report (Property Assessments, Deeds & Mortgages, excluding Deed Image) $0.00 Provider Search $0.25 Provider Report $5.00 Provider Report Card (charged per search) $5.00 Provider Sanction Search (charged per search) $0.25 Provider Sanction Report $5.00 Real Time Person Search (charged per search) $3.50 Real Time Phone Search $0.50 Relatives ("Next Steps") $0.00 Relatives, Neighbors & Associates ("Next Steps") $0.00 Relavint Visual Link Analysis (Per Diagram) $0.00 Satellite Image Search $0.00 SEC Filings Search $3.50 Sexual Offenders (Report Included) $0.00 USA Patriot Act $0.00 Virtual Identity Search & Report $2.00 Voter Registrations $0.00 Watercraft $0.00 Watercraft Report $0.00 WorkPlace Locator (not discountable) $3.50 Reports Asset Report: Property Deeds & Assessments, Vehicle Registrations, Watercraft, FAA Pilots, FAA Aircraft, and UCC Filings. $0.00 Business Link Report $0.00 Comprehensive Report (Best Value): Summary Report, Associates, Bankruptcy, Concealed Weapons Permits, Criminal Records, DEA Controlled Substances License Search, Driver's Licenses, Email Search Premium, FAA Aircraft, FAA Pilots, Federal Firearms & Explosives License Search, Hunting/Fishing Permits, Liens/Judgments, Neighbors, People at Work, Phones Plus, Possible Education, Professional Licenses, Property, Relatives (3 Degrees), Sexual Offenders, UCC Filings, Vehicle Registrations, Voter Registration and Watercraft. $0.00 Additional Report Options: -- -Real Time Phone Search (not discountable) $0.50 Contact Card Report: Summary Report: Names Associated with Subject, Contact List: At Home, At Work, Through Family, Through Associates, Through Neighbors, Possible Relocation, Email Search Premium, Address Summary and Phones Plus (optional). $0.00 Finder Report: Address Summary, Others Using SSN, Date/Location Where SSN Issued, Phone Summary, Current Listed Phones, Unverified Phones With Type And Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), Possible Associate Phones, Phones At Historical Addresses, Email Search Premium, Bankruptcy Filings And Corporate Affiliations. $0.00 Page 5 of 10 Confidential 574984.1v2 Accurint Virtual Crime Center (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Page 240 of 447 December 9, 2025 Summary Report: Address Summary, Others Using SSN, Date/Location Where SSN Issued, Census Data, Bankruptcy Indicator, Property Indicator And Corporate Affiliations Indicator. $0.00 Comprehensive Address Report: (Base Report Features: Current And Previous Residents And Phones At Address) $0.00 Additional Report Options- -Bankruptcy $0.00 -Businesses At Address $0.00 -Concealed Weapons Permit Search $0.00 -Criminal Records Search $0.00 -Criminal Records Report $0.00 -Driver Licenses At Address $0.00 -Hunting/Fishing License Search $0.00 -Liens And Judgments $0.00 -Motor Vehicles Registered At Address $0.00 -Neighborhood Profile (2010 Census) $0.00 -Neighbors At Address $0.00 -Property Ownership Current / Previous $0.00 -Sexual Offenders Search (Report Included) $0.00 Comprehensive Business Report (Base Report Features: Name and TIN Variations, Parent Company, and Industry Information) $0.00 Additional Report Options: -- -Associated Businesses $0.00 -Associated People $0.00 -Bankruptcy $0.00 -Business Registrations $0.00 -Corporation Filings $0.00 -Dun & Bradstreet Records (not discountable) $3.75 -FAA Aircraft $0.00 -IRS 5500 $0.00 -Liens and Judgments $0.00 -Motor Vehicles $0.00 -Properties $0.00 -UCC Filings $0.00 -Watercraft $0.00 Custom Comprehensive Report (Base Report Features: Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Possible Education, Comprehensive Report Summary) $0.00 Additional Report Options: -- -Associates $0.00 -Bankruptcy $0.00 -Criminal Records $0.00 -DEA Controlled Substances License Search $0.00 -Driver Licenses Information $0.00 -Email Search Premium (not discountable) $0.40 -Federal Firearms & Explosives License Search $0.00 Page 6 of 10 Confidential 574984.1v2 Accurint Virtual Crime Center (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Page 241 of 447 December 9, 2025 -Liens And Judgments $0.00 -Motor Vehicle(s) Registration (Watercraft & Boat Trailers Included) $0.00 -Neighborhood Profile (2010 Census) $0.00 -Neighbors (Up To 6 Neighbors At 10 Different Addresses) $0.00 -People At Work $0.00 -Phones Plus $0.00 -Professional Licenses (Report Included) $0.00 -Properties $0.00 -Real Time Phone Search (not discountable) $0.50 -Real Time Vehicle Registrations (charged per search) (not discountable) $3.50 -Relatives (Up to 3 Degrees of Separation) $0.00 -Sexual Offenders $0.00 -Supplemental Data Sources $0.00 -UCC Filings $0.00 Flat Rate Comprehensive Healthcare Business Report (includes Base Report Features and Additional Report Options listed below $10.00 Comprehensive Healthcare Business Report (Base Report Features: Name, Address and Phone Variations; Parent Company, ID Numbers and Industry Information) $0.50 Additional Report Options: -- -Associated Businesses $1.00 -Associated People $1.00 -Bankruptcy (charged per search) $1.00 -Business Phone Matches $0.25 -Business Registrations $0.25 -Corporation Filings $1.00 -Dun & Bradstreet Records (not discountable) $3.75 -FAA Aircraft $0.25 -IRS 5500 $0.00 -Liens And Judgments (charged per search) $0.25 -Motor Vehicles $0.75 -Properties $1.00 -Sanctions $0.50 -UCC Filings $0.50 -Verification $0.75 -Watercraft $1.00 Flat Rate Comprehensive Healthcare Provider Report (includes Base Report Features and Additional Report Options listed below) $6.00 Comprehensive Healthcare Provider Report (Base Report Features: Gender, Date of Birth, Social Security Number, Tax ID(s) UPIN and NPI number) $0.50 Additional Report Options: -- -Additional Deceased Data Sources $0.00 -Associates $0.00 -Bankruptcy (charged per search) (not discountable) $0.25 -Business Address Summary $0.25 -Business Affiliations $0.50 -Business Phone Matches $0.25 Page 7 of 10 Confidential 574984.1v2 Accurint Virtual Crime Center (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Page 242 of 447 December 9, 2025 -DEA Licenses $0.25 -Degrees $0.00 -Education $0.50 -Group Affiliations $0.50 -GSA Sanctions (charged per search) $0.50 -Hospital Affiliations $0.50 -Liens And Judgments (charged per search) $0.25 -Medical Licenses (charged per search) $1.00 -Possible Criminal Records (charged per search) $0.25 -Professional Licenses (charged per search) $1.00 -Sanctions (Disciplinary) (charged per search) $0.50 -Sexual Offenses (charged per search) $1.00 -Specialties $0.00 -Verification $0.75 Online Batch Advanced Person Search $0.50 Deceased Person $0.25 Address (Single) $0.13 Address (Multiple) $0.16 Reverse Phone Append (not discountable) $0.10 Waterfall Phones: Directory Assistance Match, Address And Name Variations, Co - Residents, Phones Plus & Relatives; Add-Ons Possible Relocation, Neighbors & People At Work (Single) $0.23 Waterfall Phones: Directory Assistance Match, Address And Name Variations, Co - Residents, Phones Plus & Relatives; Add-Ons Possible Relocation, Neighbors & At Work (Multiple) $0.25 -People Waterfall Phone with Address (single) $0.25 Waterfall Phone with Address (multiple) $0.30 Address and/or Phone Confirmation (per input) (single) $0.03 Address and/or Phone Confirmation (per input) (multiple) $0.04 Phones Plus $0.50 Real Time Phone Search $0.50 Real Time Motor Vehicle Registrations $1.50 Property - Add Up To Five Properties Owned By The Subject $1.00 Consumer InstantlD $0.65 Consumer InstantlD With Fraud Defender $0.95 Consumer InstantlD With Red Flags Rule $0.90 Multiple = 2 Or More Phones/Addresses Returned -- Page 8 of 10 Confidential 574984.1v2 Accurint Virtual Crime Center (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Page 243 of 447 December 9, 2025 Accurint for Law Enforcement Mobile (Updated March 20, 2025) (Plan 44) PRICE FEATURES PRICE Advanced Motor Vehicle Search $0.00 Advanced Person Search $0.00 Business Search $0.00 Motor Vehicles Search $0.00 Motor Vehicles Report $0.00 Phones Plus $0.00 Property Search (Property Assessments, Deeds & Mortgages) $0.00 Property Report (Property Assessments, Deeds & Mortgages, excluding Deed Image) $0.00 Real Time Phone Search $0.00 Reports Comprehensive Report (Best Value): Summary Report, Associates, Bankruptcy, Concealed Weapons Permits, Criminal Records, DEA Controlled Substances License Search, Driver's Licenses, Email Search Premium, FAA Aircraft, FAA Pilots, Federal Firearms & Explosives License Search, Hunting/Fishing Permits, Liens/Judgments, Neighbors, People at Work, Phones Plus, Possible Education, Professional Licenses, Property, Relatives (3 Degrees), Sexual Offenders, UCC Filings, Vehicle Registrations, Voter Registration and Watercraft. $0.00 Comprehensive Address Report: (Base Report Features: Current And Previous Residents And Phones At Address) $0.00 Additional Report Options- -Bankruptcy $0.00 -Businesses At Address $0.00 -Concealed Weapons Permit Search $0.00 -Criminal Records Search $0.00 -Criminal Records Report $0.00 -Driver Licenses At Address $0.00 -Hunting/Fishing License Search $0.00 -Liens And Judgments $0.00 -Motor Vehicles Registered At Address $0.00 -Neighborhood Profile (2010 Census) $0.00 -Neighbors At Address $0.00 -Property Ownership Current / Previous $0.00 -Sexual Offenders Search (Report Included) $0.00 Comprehensive Business Report (Base Report Features: Name and TIN Variations, Parent Company, and Industry Information) $0.00 Additional Report Options: -- -Associated Businesses $0.00 -Associated People $0.00 -Bankruptcy $0.00 -Business Registrations $0.00 Page 9 of 10 Confidential 574984.1v2 Accurint Virtual Crime Center (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Page 244 of 447 December 9, 2025 -Corporation Filings $0.00 -Dun & Bradstreet Records (not discountable) $3.75 -FAA Aircraft $0.00 -IRS 5500 $0.00 -Liens and Judgments $0.00 -Motor Vehicles $0.00 -Properties $0.00 -UCC Filings $0.00 -Watercraft $0.00 Page 10 of 10 Confidential 574984.1v2 Accurint Virtual Crime Center (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Page 245 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description City of Elk River Volunteer of the Month Item Number 6.1 Prepared By Jolene Richter, Deputy Clerk Reviewed by Cal Portner Tina Allard Action Requested Mayor Dietz will recognize and present a plaque to the December Volunteer of the Month Award recipient. Background/Discussion Mayor Dietz established the City of Elk River Volunteer of the Month Award program to recognize Elk River residents for their volunteer contributions and commitment to community service. Financial Impact N/A Mission/Policy/Goal Elk River Mission Attachments None The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exc ptional service, and community p p W E H E 0 A T engagement that encourages and inspires prosperity 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Introduction of New Employee Action Requested Welcome Giselle to the city. Item Number 6.2 Prepared By Tina Allard, City Clerk Reviewed by Cal Fortner Tina Allard Background/Discussion Fire Department staff will be in attendance to introduce our new Fire Administrative Assistant, Giselle Hattesohl. Financial Impact N/A Mission/Policy/Goal Together we win. Attachments None The Elk River Vision A nvelcoming community zvitb revolutionary and spirited resourcefulness, exceptional service, and community p 0 M E R E 0 @INPJLWfl447 engagement that encourages and inspiresprosperity Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Promotion of Fire Lieutenant Item Number 6.3 Prepared By Joe Libor Jr., Deputy Fire Chief Reviewed by Cal Portner Tina Allard Action Requested Mayor Dietz and Council to recognize the promotion of Gordon Myette to the position of Lieutenant with the fire department. Mayor Dietz to present the oath of office to Lieutenant Myette. Background/Discussion The fire department provides leadership development and training for firefighters interested in pursuing leadership in the fire service. The core component is our Officer Development Program, where firefighters are assigned a current captain or lieutenant as a mentor and receive a workbook outlining multiple tasks, skills, emergency responses, training methods delivery, and leadership development. Depending on the firefighter's performance, the program takes approximately one year. Firefighters work with department chiefs and officers to complete the task book, while continuing their regularly required training and duties as firefighters. After the program, firefighters can pursue a formal leadership role in the department. Gordon Myette completed this program and, after being interviewed by a panel of three chiefs and a captain, was offered the position of lieutenant with the department. Financial Impact N/A Mission/Policy/Goal Community engagement that encourages and inspires prosperity. Attachments Oath of Office (Lieutenant) 2025 The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exc ptional service, and community p p W E H E U 6 engagement that encourages and inspires prosperity 447 STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER FIRE LIEUTENANT OATH OF OFFICE I, Gordon Myette, solemnly pledge to protect life, health, and property against fire and other dangers. I will uphold the standards of my profession and honor the trust bestowed upon me. I will respect the rights of all and fulfill my duties with integrity and dedication. So, help me God. Gordon Myette, Lieutenant Subscribed and sworn to before me this 15th day of December, 2025 John J. Dietz, Mayor Page 249 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Oath of Office: Firefighters Item Number 6.4 Prepared By Joe Libor Jr., Deputy Fire Chief Reviewed by Cal Portner Tina Allard Action Requested Mayor Dietz and Council to recognize the completion of the first year of service for new firefighters and for Mayor Dietz to present the oath of office to our newest members of the fire department. Background/Discussion Newly hired firefighters are placed into the Elk River Fire Academy and are required to complete 170 hours of training, receiving certifications in Firefighter I, II, and HAZMAT Operations. After the fire training, they go on to complete Emergency Medical Responder (EMR) training. Probationary firefighters serve an additional six months of probation, in which they are required to complete a probationary task book consisting of skills testing and various other tasks that firefighters are expected to be proficient in before becoming full-fledged firefighters for the City of EII< River. The academy class is working through the final stages of their probationary period and is being recognized for their accomplishments this first year. This class includes Firefighters Brown, Johannes, Lusignan, McClurg, Mohlis Jr., Prehatney, Rosa, and Strand. Financial Impact N/A Mission/Policy/Goal Community engagement that encourages and inspires prosperity. Attachments I. Oath of Office (Firefighter) 2025 The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exc ptional service, and community p p W E H E U A Y engagement that encourages and inspires prosperity112 447 STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER FIREFIGHTER OATH OF OFFICE I, NAME, solemnly pledge to protect life, health, and property against fire and other dangers. I will uphold the standards of my profession and honor the trust bestowed upon me. I will respect the rights of all and fulfill my duties with integrity and dedication. So, help me God. NAME, Firefighter Subscribed and sworn to before me this DATE John J. Dietz, Mayor Page 251 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Number 7.1 Prepared By Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit: Amendment to CU 24-21 Zack Carlton for Outdoor Storage of Vehicles and Equipment, Cal Portner 15861 Jarvis St NW, Northstar Trucking Tina Allard Action Requested Approve, by motion, the Conditional Use Permit amendment with the following conditions to satisfy the standards set forth in Section 30-654: 1. Outdoor storage shall be allowed for only the following vehicles: a. Properly licensed, registered, and operable; b. Semi -trucks, semi -trailers, and other delivery trucks; c. Motor vehicles; d. Recreational vehicles, campers, motor homes, and fifth -wheel trailers; e. Trailers; f. Boats; g. Light and heavy equipment; h. Enclosed shipping containers; and i. Cars and trucks. 2. Vehicle Wrecking Yards and Salvage Yards, as defined by the City of Ramsey, and Salvage Yards, as defined by the City of Elk River, shall not be permitted. 3. Outdoor storage of products, equipment, materials, supplies, debris, or any vehicles not properly licensed, registered, or operable is not permitted, except for snow removal equipment and supplies for the site in conformance with the applicable municipality's regulations. 4. If any violations of condition #3 are documented more than once in a calendar year, in either jurisdiction, the Conditional Use Permit will be brought to the City Council for direction on revocation. 5. Motor vehicle, trailer, and boat sales are prohibited. 6. Car dealer overflow parking is prohibited. 7. Approvals from the City of Ramsey, PUD Ordinance, Site Plan Review Resolution, and Development Agreement shall be recorded and copies provided. 8. Schedule a site visit with the Building Official and Fire Marshal to review and complete any required code updates by June I, 2026. 9. All driving and parking areas shall be paved with an approved surface (bituminous, Class 5, or concrete) by June I, 2026. 10. Stripe the parking lot as shown on the city site plan dated March 17, 2025, by June I, 2026. 11. Drive lanes need to maintain a minimum of 24-foot width throughout the site. The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exc ptional service, and community p p W E H E U A Y engagement that encourages and inspires prosperityINMUM 447 12. All driving areas and outdoor storage/parking areas shall be bound by a B612 concrete curb and gutter by June I, 2026. 13. A reinforced concrete strip, a minimum of one (1) foot wide and centered on the property line, must be installed and maintained along the city/county border to clarify any relevant jurisdictional issues by June I, 2026. 14. Site lighting shall comply with Section 30-937 by June I, 2026. 15. Update submitted plans as needed to demonstrate compliance with state and local stormwater management requirements across both parcels/jurisdictions by June I, 2026. 16. Submit documentation showing compliance with all Minnesota Pollution Control standards by June I, 2026. 17. A 6-foot-tall, 100% opaque privacy fence shall be installed along the north property lines by June I, 2026. 18. This Conditional Use Permit (CU 24-21) must be recorded by June 15, 2026, or the operation on the property must cease. 19. A 200 sq ft. guard shack/office shall be allowed in Elk River, and will require all necessary commercial building permits and meet the required setbacks. 20. There shall be no repair or maintenance of any vehicles, trailers, or boats on the site. 21. The idling of a truck tractor or other business equipment in excess of 15 minutes is prohibited from April 16 through October 31, and idling in excess of 30 minutes is prohibited from November I through April 15. 22. In the event a gate is installed, access to the property must include key boxes for both the Elk River and Ramsey Fire Departments. 23. In the event either parcel is owned separately, or one municipality revokes its approval, each parcel will need to conform to each jurisdiction's ordinance and codes individually, including, but not limited to, stormwater ponds, setbacks, screening, curbing, and landscaping. 24. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the city site plan dated March 17, 2025. 25. Conditional Use Permits, case numbers CU 23-16 and CU 24-21, shall become void. Background/Discussion The applicant, Mr. Babkin, received approval of his Conditional Use Permit (CUP) in March 2025. As part of that approval, numerous conditions were included, and the applicant was required to complete them by November I, 2025. The applicant is requesting an amendment to their approved CUP (CU 24-21) to extend the deadline from November I, 2025, to June I, 2026, to complete the outstanding conditions. The Ramsey City Council granted an extension to this date at their meeting on October 28, 2025. Other than the requested amended completion date, the applicant is not proposing anything different from the approved CU 24-21 CUP. Planning Commission During the public hearing, no one spoke for or against the request, and staff have not received any comments since the commission meeting. The Planning Commission had no questions or concerns about the request and unanimously recommended approval. Financial Impact None Mission/Policy/Goal Meet changing needs - agile. Page 253 of 447 Attachments I . Planning Commission Staff Report 1 1-25-2025 2. Northstar Trucking Presentation Page 254 of 447 Request for Action City of Elk River To Planning Commission Meeting Date November 25, 2025 Item Description Conditional Use Permit: Amendment to CUP, Northstar Trucking - 15861 Jarvis St NW Item Number 4.2 Prepared By Chris Leeseberg, Senior Planner Reviewed by Zack Carlton Action Requested Recommend approval of the Conditional Use Permit Amendment, subject to the following conditions: 1. Outdoor storage shall be allowed for only the following vehicles: a. Properly licensed, registered, and operable; b. Semi -trucks, semi -trailers, and other delivery trucks; c. Motor vehicles; d. Recreational vehicles, campers, motor homes, and fifth -wheel trailers; e. Trailers; f. Boats; g. Light and heavy equipment; h. Enclosed shipping containers; and i. Cars and trucks. 2. Vehicle Wrecking Yards and Salvage Yards, as defined by the City of Ramsey, and Salvage Yards, as defined by the City of Elk River shall not be permitted. 3. Outdoor storage of products, equipment, materials, supplies, debris, or any vehicles not properly licensed, registered, or operable, is not permitted, except for snow removal equipment and supplies for the site in conformance with the applicable municipality's regulations. 4. If any violations of condition #3 are documented more than once in a calendar year, in either jurisdiction, the Conditional Use Permit will be brought to the City Council for direction on revocation. 5. Motor vehicle, trailer, and boat sales is prohibited. 6. Car dealer overflow parking is prohibited. 7. Approvals from the City of Ramsey, PUD Ordinance, Site Plan Review Resolution, and Development Agreement, shall be recorded and copies provided. 8. Schedule a site visit with the Building Official and Fire Marshal to review and complete any required code updates by June I, 2026. 9. All driving and parking areas shall be paved with an approved surface (bituminous, Class 5, or concrete) by June I, 2026. 10. Stripe the parking lot as shown on the city site plan dated March 17, 2025, by June I, 2026. 11. Drive lanes need to maintain a minimum of 24-foot width throughout the site. 12. All driving areas and outdoor storage/parking areas shall be bound by B612 concrete curb and gutter by June I, 2026. The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T engagement that encourages and inspires prosperity 447 13. A reinforced concrete strip, a minimum of one (1) foot wide and centered on the property line, must be installed and maintained along the city/county border to clarify any relevant jurisdictional issues by June I, 2026. 14. Site lighting shall comply with Section 30-937 by June I, 2026. 15. Update submitted plans as needed to demonstrate compliance with state and local stormwater management requirements across both parcels/jurisdictions by June I, 2026. 16. Submit documentation showing compliance with all Minnesota Pollution Control standards by June I, 2026. 17. A 6-foot-tall, 100% opaque privacy fence shall be installed along the north property lines by June I, 2026. 18. This Conditional Use Permit (CU 24-21) must be recorded by June 15, 2026, or the operation on the property must cease. 19. A 200 sq.ft. guard shack/office shall be allowed in Elk River, and will require all necessary commercial building permits and meet the required setbacks. 20. There shall be no repair or maintenance of any vehicles, trailers, or boats on the site. 21. The idling of a truck tractor or other business equipment in excess of 15 minutes is prohibited from April 16 through October 31, and idling in excess of 30 minutes is prohibited from November I through April 15. 22. In the event a gate is installed, access to the property must include key boxes for both Elk River and Ramsey Fire Departments. 23. In the event either parcel is owned separately, or one municipality revokes their approval, each parcel will need to conform to each jurisdiction's ordinance and codes individually, including, but not limited to, stormwater ponds, setbacks, screening, curbing, and landscaping. 24. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the city site plan dated March 17, 2025. 25. Conditional Use Permits, case numbers CU 23-16 and CU 24-21, shall become void. Background/Discussion The applicant, Mr. Babkin, received approval of his Conditional Use Permit (CUP) in March 2025. As part of that approval, numerous conditions were included, and the applicant was required to complete them by November I, 2025. To date, none of those conditions have been met, as the city of Ramsey has not permitted site work to begin until the Lower Rum River Watershed Management Organization (LRRWMO) approves the project plans. The bulk of the site improvements will be within Ramsey and no improvements, or construction may proceed until both municipalities have granted final approval. Ramsey notified Elk River on November 20, 2025, the LRRWMO plans have been approved. The applicant is requesting an amendment to their approved CUP (CU 24-21) to extend the deadline from November I, 2025, to June I, 2026, to complete all conditions. The Ramsey City Council granted an extension to this date at their meeting on October 28, 2025. Other than the requested amended completion date, the applicant is not proposing anything different from the approved CU 24-21 CUP. Staff have attached portions of the City Council memo, from March 17, 2025, to provide background information on the overall project. Financial Impact None Mission/Policy/Goal Meet changing needs - agile. Page 256 of 447 Attachments I . CU 25-12 Location Map 2. Narrative 3. City Council Staff Report 3-17-2025_Partial Page 257 of 447 Case No: CU -12 Page 258 of 447 Legal Description of Property Parcel 1: That part of the South 1155 feet of the West 297 feet of the Southwest Quarter of the Southwest Quarter of Section 18, Township 32, Range 25, Lying North of Railroad Right -of -Way, Excluding Road, Subject to Easement of Record. Anoka County, Minnesota Abstract Property Property Address (FOR REFERENCE PURPOSES ONLY): 15861 Jarvis Street NW Ramsey, MN 55330 Parcel 2: That part of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 26, Sherburne County, Minnesota, described as follows: Beginning on the East line of said Section, 2.56 chains North of the Southeast comer thereof and at a point where said line is crossed by the Easterly line of the right-of-way of the St. Paul, Minneapolis & Manitoba Railway Company; thence North on section line 11.39 chains to center of road from State Road to Quarter post in said section line; thence South 47-1/2 degrees West to said Easterly line of said right-of-way; thence South 30 degrees East along said right-of-way to beginning. Sherburne County, Minnesota Abstract Property Property Address (FOR REFERENCE PURPOSES ONLY): Unassigned Elk River, MN 55330 Final conveyance instrument, Title Commitment, or Attorney's Opinion to govern. Commonly known or referred to as Real Property in Sherburne County and 15861 Jarvis Street Northwest, Ramsey, Minnesota. Parcel 1: That part of the South 70 rods of the West 18 rods of the Southwest Quarter of the Southwest Quarter of Section 18, Township 32, Range 25, Anoka County, Minnesota, lying North of the railroad right-of-way. (Real Estate ID. No. 18-32-25-33-0002) Parcel 2: That part of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 26, Sherburne County, Minnesota, described as follows: Beginning on the East line of said Section, 2.56 chains North of the Southeast comer thereof and at a point where said line is crossed by the Easterly line of the right-of-way of the St. Paul, Minneapolis & Manitoba Railway Company; thence North on section line 11.39 chains to center of road from State Road to Quarter post in said section line; thence South 47-1/2 degrees West to said Easterly line of said right-of-way; thence South 30 degrees East along said right-of-way to beginning. (Real Estate ID No. 75-013-4405) The narrative is your opportunity to describe, promote, and sell your proposal to the Planning Commission and/or City Council before the meeting(s). Please fill in the following information exp/ainingyour request in detail (type N/A if not applicable). Describe the scope of your project (what is being proposed)? For example. we are proposing the construct/on of new daycare faci//ty or, to allow for a motor vehicle sales office with motor vehicle repairs in X square feet of the existing building. NorthStar Truck & RV Parking LLC is seeking to provide outdoor storage for semi -trucks, trailers, recreational vehicles, buses, boats, containers, container chassis, heavy equipment, light equipment and personal vehicles. Page 259 of 447 Hours of Operation 24/7 Number of Employees 1- Nikolay Babkin Number of parking stalls required by Plans have been approved by the Elk River ordinance: pity Ordinance Section 30- engineering team. outlines these requirements. Number of existing and proposed parking 91 proposed parking spots stalls If screening, not associated with outdoor Opaque mesh screen applied to fence for storage, is being proposed, what will it privacy consist of? What are the proposed building No building will be on the property. materials? Therequiredbui/dingmateria/s vary from zoning district to zoning district. Is outdoor storage being proposed? If yes, The company is planning to install a gate detail what is being stored, how with a code that will be provided to clients much/many, and what is the proposed so that they have 24-hour access to their screening? City Ordinance Section 30- assets. NorthStar Truck & RV Parking LLC outlines these requirements. currently has one employee who is the owner himself working the property. There are currently 91 parking stalls installed. Currently, the parking area is covered with Class 5- reclaimed asphalt gravel, compacted but will be covered with asphalt in the near future. The subject parcel is part of a larger parcel divided between two cities with approximately 6.75 acres of additional land in Ramsey. The city review will only be for the 3.83 portion located in the city limits. We are not planning on building any buildings. We currently have a Porta Potty provided for the clients on the left side of the property next to the gate. In regards to landscaping, the property has multiple trees on it. 40 Thuja trees have been planted on the Elk River property to provide privacy and to make it more aesthetically pleasing. We plan to install 12 light posts on the Elk River property. We also plan to install 24- hour surveillance Page 260 of 447 throughout the property for security purposes and electrical units for clients convenience. Page 261 of 447 City of Elk - River To City Council Meeting Date March 17, 2025 Item Description Conditional Use Permit: Outdoor Storage of Vehicles and Equipment, PID 75-00013-4405, Northstar Trucking & RV Parking LLC Request for Action Item Number 7.1 Prepared By Chris Leeseberg, Senior Planner Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Approve the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Outdoor storage shall be allowed for only the following vehicles: a. Properly licensed, registered, and operable; b. Semi -trucks, semi -trailers, and other delivery trucks; c. Motor vehicles; d. Recreational vehicles, campers, motor homes, and fifth -wheel trailers; e. Trailers; f. Boats; g. Light and heavy equipment; h. Enclosed shipping containers; and i. Cars and trucks. 2. Vehicle Wrecking Yards and Salvage Yards, as defined by the City of Ramsey, and Salvage Yards, as defined by the City of Elk River shall not be permitted. 3. Outdoor storage of products, equipment, materials, supplies, debris, or any vehicles not properly licensed, registered, or operable, is not permitted, except for snow removal equipment and supplies for the site in conformance with the applicable municipality's regulations. 4. If any violations of condition #3 are documented more than once in a calendar year, in either jurisdiction, the Conditional Use Permit will be brought to the City Council for direction on revocation. 5. Motor vehicle, trailer, and boat sales is prohibited. 6. Car dealer overflow parking is prohibited. 7. Approvals from the City of Ramsey shall be recorded and copies provided. 8. Schedule a site visit with the Building Official and Fire Marshal to review and complete any required code updates by November I, 2025. 9. All driving and parking areas shall be paved with an approved surface (bituminous, Class 5, or concrete) by November I, 2025. 10. Stripe the parking lot as shown on the city site plan dated March 17, 2025, by November I, 2025. 11. Drive lanes need to maintain a minimum of 24-foot width throughout the site. The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E U A Y engagement that encourages and inspires prosperity I Irk 447 12. All driving areas and outdoor storage/parking areas shall be bound by B612 concrete curb and gutter by November I, 2025. 13. A reinforced concrete strip, a minimum of one (1) foot wide and centered on the property line, must be installed and maintained along the city/county border to clarify any relevant jurisdictional issues by November 1, 2025. 14. Site lighting shall comply with Section 30-937 by November I, 2025. 15. Update submitted plans as needed to demonstrate compliance with state and local stormwater management requirements across both parcels/jurisdictions by November I, 2025. 16. Submit documentation showing compliance with all Minnesota Pollution Control standards by November I, 2025. 17. A 6-foot-tall, 100% opaque privacy fence shall be installed along the north property lines by November I, 2025. 18. A temporary guard shack no larger than 200 sq.ft. shall be allowed in Elk River, until November I, 2025. The location shall be approved by city staff. 19. This Conditional Use Permit (CU 24-21) must be recorded by November I, 2025, or the operation on the property must cease. 20. A 200 sq.ft. guard shack/office shall be allowed in Elk River, and will require all necessary commercial building permits and meet the required setbacks. 21. There shall be no repair or maintenance of any vehicles, trailers, or boats on the site. 22. The idling of a truck tractor or other business equipment in excess of 15 minutes is prohibited from April 16 through October 31, and idling in excess of 30 minutes is prohibited from November I through April 15. 23. In the event a gate is installed, access to the property must include key boxes for both Elk River and Ramsey Fire Departments. 24. In the event either parcel is owned separately, or one municipality revokes their approval, each parcel will need to conform to each jurisdiction's ordinance and codes individually, including, but not limited to, stormwater ponds, setbacks, screening, curbing, and landscaping. 25. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the city site plan dated March 17, 2025. 26. Conditional Use Permit, case number CU 23-16, shall become void. Background/Discussion The subject parcel was granted a Conditional Use Permit (CUP) in 2023 but has yet to be recorded. The property owner has applied for a new CUP to facilitate a joint operation of their current use on two parcels, one in Elk River and the other in Ramsey. The business has been, and continues to operate, on both parcels. Through the CUP, a master plan can be reviewed and approved to accommodate their use while having a uniform set of uses, rules, regulations, and site amenities that work for both municipalities and conform to each city's Comprehensive Plans. Planning Commission Aside from the applicant's representative, no one spoke during the public hearing. The representative expressed a preference for a temporary guard shack larger than the 5' x 5' structure recommended by staff, instead proposing a 10' x 20' structure to accommodate both a guard shack and office space. The commission agreed that allowing a temporary structure until November I, 2025, was reasonable, giving the applicant time to consider a permanent solution. The commission did discuss at their January 28, 2025, meeting whether or not to require the lot to be paved with asphalt to be consistent with Ramsey's side, but they did not make a recommendation either way at their Page 263 of 447 February 25, 2025, meeting. As this CUP review pertains to an existing business, staff sought the commission's input on an appropriate timeline for completing all required conditions. They recommended that all conditions be completed by November 1, 2025. Ramsey March 11, 2025, City Council Meeting The Ramsey City Council questioned their staff if certain vehicles such as those with hazardous waste or full garbage trucks would be stored on site. They asked if there was adequate distance from the entrance to the railroad tracks for semi truck movement. They approved the project by a 4 to 3 vote, with those opposed indicating the previous and ongoing code violations likely would continue. Financial Impact All costs associated with processing this application are the responsibility of the applicant. Mission/Policy/Goal Appropriately govern in an ever -changing environment. Attachments 1. PC Staff Report 02-25-2025 2. CU 24-21 Recording Document Page 264 of 447 City of Elk - - River To Planning Commission Meeting Date February 25, 2025 Item Description Conditional Use Permit Amendment: Outdoor Storage of Semis (tractor and/or trailer), motor vehicles, recreational vehicles, trailers, boats, light and heavy equipment, and vehicle storage, and shipping containers, PID 75-00013-4405, Northstar Trucking & RV Parking LLC Request for Action Item Number 4.1 Prepared By Chris Leeseberg, Senior Planner Reviewed by Zack Carlton Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Schedule a site visit with the Building Official and Fire Marshal to review and complete any required code updates. 2. The outdoor storage shall be allowed for only the following vehicles: a. Properly licensed, registered, and operable. b. Semi -trucks, semi -trailers, and other delivery trucks; c. Recreational vehicles, campers, motorhomes, and fifth -wheel trailers; d. Boats; e. Enclosed shipping containers; and f. Cars and trucks. 3. Vehicle Wrecking Yards and Salvage Yards, as defined by the City of Ramsey, and Salvage Yards, as defined by the City of Elk River shall not be permitted. 4. Outdoor storage of any products, equipment, materials, supplies, or debris is not permitted, except for snow removal equipment and supplies for the site in conformance with the applicable municipality's regulations. 5. Motor vehicle, trailer, and boat sales is prohibited. 6. Car dealer overflow parking is prohibited. 7. All driving and parking areas shall be paved with an approved surface (bituminous, Class 5, or concrete). 8. Drive lanes need to maintain a minimum 24-foot width throughout the site. 9. All driving areas and outdoor storage/parking areas shall be bounded by B612 concrete curb and gutter. 10. The B612 concrete curb and gutter shall be installed on the east side of the fence along Jarvis Street and 10 feet from the remaining property lines. 11. Site lighting shall comply with Section 30-937. The Elk River Vision A avelcoming community nvitb revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T engagement that encourages and inspires prosperity 447 12. There shall be no repair or maintenance of any vehicles, trailers, or boats on the site. 13. The idling of a truck tractor or other business equipment in excess of 15 minutes is prohibited from April 16 through October 31, and idling in excess of 30 minutes is prohibited from November I through April 15. 14. A guard shack no larger than 25 sq.ft. shall be allowed near the entrance gate. Location to be approved by city staff. 15. In the event a gate is installed, access to the property must include key boxes for both Elk River and Ramsey Fire Departments. 16. A reinforced concrete strip, a minimum one (1) foot wide and centered on the property line, must be maintained along the city/county border in order to clarify any relevant jurisdictional issues. 17. In the event either parcel is owned separately, or one municipality revokes their approval, each parcel will need to conform to each jurisdiction's ordinance and codes individually, including, but not limited to, stormwater ponds, setbacks, screening, curbing, and landscaping. 18. Update submitted plans as needed to demonstrate compliance with state and local stormwater management requirements across both parcels/jurisdictions. 19. Submit documentation showing compliance with all Minnesota Pollution Control standards. 20. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the city site plan dated February 25, 2025. 21. Conditional Use Permit, case number CU 23-16, shall become void. 22. Approvals from the city of Ramsey shall be recorded and copies provided. 23. Conditions # 1, 7, 9, 10, 11, 16, 18, and 19 shall be completed by. 24. A 6-foot tall, 100% opaque privacy fence shall be installed along the north property lines. Background/Discussion The subject parcel was granted a Conditional Use Permit (CUP) in 2023 but has yet to be recorded. The property owner has applied for a new CUP to facilitate a joint operation of their current use on two parcels, one in Elk River and the other in Ramsey. The business has been, and continues to operate, on both parcels and staff have not received any complaints as it relates to their Elk River operation. Through the CUP, a master plan can be reviewed and approved to accommodate their use while having a uniform set of uses, rules, regulations, and site amenities that work for both municipalities and conforms to each city's Comprehensive Plans. The property is 3.83 acres in size and is zoned 1-3 General Industrial, where bus, motor vehicle, and implement storage require a Conditional Use Permit. NorthStar Truck & RV Parking LLC is seeking the CUP to provide outdoor storage of Semis (tractor and/or trailer), motor vehicles, recreational vehicles, trailers, boats, light and heavy equipment, and vehicle storage, and shipping containers. The subject parcel is part of a larger parcel divided between two cities with approximately 6.75 acres of additional land in Ramsey. The site is currently fenced, but no security gate has been installed, and clients have 24-hour access to the property. The owner will be the sole employee working on -site. The applicant asked about the possibility of installing a temporary guard shack, such as a job site trailer, to house hardware in a heated structure for operating a security gate. Staff expressed concerns about the size of such a structure and the potential for it to be used as a sleeping area. Therefore, staff recommends that the guard shack be limited to a maximum size of 25 square feet and be positioned near the entrance gate. Parking Page 266 of 447 The applicant stated in their narrative that 80 storage stalls are available, and the surface consists of Class 5 material. The submitted site plan shows how they plan to park vehicles on site. Drive lanes need to maintain a minimum 24-foot width throughout the site. The closest regulation in the ordinance is self -storage facilities stating one parking stall for each 400 square feet of office space or four stalls, whichever is greater. As there is no office on site, four stalls should be provided. Section 30-901 states all driving areas and parking areas shall be bounded by B612 concrete curb and gutter, but the city council can grant an exemption where installing concrete curb and gutter presents a hardship due to the uniqueness of the business or other conditions. An exemption was not granted by the council for the first CUP request. Fencing There is existing decorative fencing along the railroad tracks and Jarvis Street. The applicant is also proposing a six (6) foot tall wooden privacy fence along the northern property line on the Ramsey side. Landscaping The number of trees the ordinance requires is 32; 16 overstory, 8 ornamental, and 8 coniferous. This is determined by taking the perimeter of the property (1,300 feet) divided by 40. Staff are only using the property lines facing Elk River, as the use does encroach across the property line into Ramsey. The ordinance does allow for credit of existing trees. Lighting The applicant is proposing site lights, which are shown on the site plan. Portions of Section 30-937: Lighting, state: "All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum subtotal of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 footcandle in or within 25 feet of a dwelling or by more than 0.5 footcandle on any part of the property. Glare, whether direct or reflected, as different from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates." Site lighting shall comply with Section 30-937. Applicable Regulations In approving a Conditional Use Permit, the city council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The site currently operates in a similar fashion and will not detrimentally affect the use and enjoyment of the properties in the immediate vicinity. However, the addition of motor vehicles and the associated potentially toxic chemicals will require additional oversight from the MPCA, Sherburne County, and the city. To ensure any concerns for public health and groundwater contamination are addressed, staff have included conditions requiring compliance with all state and local standards related to stormwater management. Additionally, to minimize visibility from surrounding properties, potentially impacting the use and enjoyment of those parcels, staff recommends the existing fencing along the railroad tracks and Jarvis Street have opaque screening incorporated into it. It is understood that semi -trailers and taller box vehicles will still be visible. Page 267 of 447 2. Will be consistent with the comprehensive plan. The property is guided as Industrial and the Industrial Use category includes both heavy and light industrial businesses such as manufacturing, warehousing, and excavation. These uses are primarily located off of Highway 169, Highway 10, and the BNSF Railroad which provide easy access for the transferring of goods throughout the region. Staff do not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding area is developed. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff do not see a need to impose specific conditions to satisfy this standard. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thorough fares. The property will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. While the stormwater holding pond is in Ramsey, staff continues to work with Ramsey to ensure stormwater compliance across both parcels. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. If dust can be controlled, the proposed storage use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust, or vibrations. To prevent dust becoming a problem, dust control measures shall be utilized in the fenced yard area. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The site is an open, relatively flat area, and already used for the outdoor storage of materials. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff do not see a need to impose specific conditions to satisfy this standard. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff included conditions requiring compliance with state, county, and city ordinances related to salvage yards. Included conditions address compliance with this standard. Page 268 of 447 If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Ramsey Planning Commission The Ramsey Planning Commission reviewed this at their regular meeting on January 23, 2025. To ensure both municipalities are reviewing the same information, please refer to the site exhibits in the attached Ramsey Planning Commission memo dated January 23, 2025. Elk River staff attended the meeting, where the Ramsey Planning Commission expressed appreciation for the collaborative efforts between both cities in addressing the unique application. During the presentation, Ramsey staff shared an image of damaged vehicles and other materials currently on -site, and the commission concurred that such items should not be permitted. Aside from the applicant, no one spoke during the public hearing, and the Ramsey Planning Commission unanimously recommended approval of the request. Elk River Planning Commission (1-28-205) The commission reviewed the proposal and discussed the paving of the site, repair of vehicles, and construction of a building. As the applicant brought the desire for vehicle repair and a building to the commission meeting, the commission did not want to make a recommendation until more concrete information was before them and the applicant requested their item be postponed until February 25, 2025.. Financial Impact None Mission/Policy/Goal Appropriately govern in an ever -changing environment. Attachments I. Location Map 2. Site Aerials 3. City Plan 2-25-2025 4. Ramsey Memo dated 1-23-2025 Page 269 of 447 Case No: 4-05,CU2 - 1 Page 270 of 447 75-00013-4400 \ �s � ram' • M 1 00811 0115 •f J 110 04- 10') 75-00805-0105 E r 75-00805'0115. � 75-00013-4400 • ••� �{A-• t PI 0 -imp 4 m�8 s Q°• _ ,.. 110 M a — '$/' u�i4 75-00509-0180 1f � �0 , •41 105 75-00805-0105 s �� 75-00805'0115. :1 A - Page 272 of 447 City Site Plan - February 25, 2025 ELK RIVER RAMSEY SHERBURNE COUNTY ANOKA COUNTY ! 6—FOOT TALL 100% EXISTING FENCE OPAQUE PRIVACY FENCE 116 GUARD SHACK IF GATE INSTALLED FIRE DEPARTMENT KEY BOXES — ONE FOR EACH DEPT EXISTING FENCE BITUMINOUS PAVING GRASS BUFFER TYP. AROUND PROPERTIES REINFORCED CONCRETE STRIP MINIMUM ONE (1) FOOT WIDE CENTERED ON PROPERTY LINE This is not a survey and is not a substitute for any- required professional documents for either municipality. STRIPING PER ORDINANCE REQUIREMENTS EXISTING FENCE B612 CONCRETE CURB AROUND PERIMETER OF PAVED PARKING LOT SITE LIGHTING AND LANDSCAPING SHALL COMPLY WITH BOTH JURISDICTIONS STORMWATER POND SHALL COMPLY WITH STATE AND LOCAL STORMWATER MANAGEMENT REQUIREMENT ACROSS BOTH PARCELS/JURISDICTIONS Page 273 of 447 NORTHSTAR TRUCK AND RV PARKING PROJECT LOCATION 15861 JARVIS ST. NW, RAMSEY, MN 55330 - ANOKA COUNTY COUNTIES: ANOKA & PID 75-013-4405 SHERBURNE COUNTY SHERBURNE CIVIL DESIGN PLANS FOR: CITY: ELK RIVER & RAMSEY PROPOSED CONSTRUCTION PARKING LOT, SITE, EROS]ON,GRADING, DRAINAGE PLANS, STORM WATER MANAGEMENT, hPARCEL ID , ACTS - 19-3z-zs-n-good BLOCK 3 All IV es al IrkLNu inf a nell.w GENERAL CONTRACTOR AND V PARKING LLL 96 ) 9 _7, perk/.. n..(a Tell. — PLANNING MANANCER CITY OF RAMSEY TDDDL —N II OD R AIN N^LS,IElAMrv., 1) dsse871SM ,I Ilarson@a amsel mn.us SENIOR PLANNER CI PANDFRsoNLSIAY 151 ]6J)EY AAEIT,S'3m n ersFE DEAHDPMENi IIIECUAI ELK PIVEE Tea) IAII UIn =ssao PUBLIC WORKS DIRECTOR CCHIEF ENGINEER ITY of ELK EVER ELK IIVEI, IN o II SENIOR PLANNER CITY of ELK EVER ELK BeasBusaN III Tea) cleeseberg@elkdvermn.gw BUILDING SETBACKS CITY OF ELK RIVER ZONING: 1-3=GENERAL INDUSTRIAL BUILDING: FRONT=30FT SIDE = 2 ,FAR T 20E PARKING : FRONT = 25 FT (STREET) SIDE --'F FT REAR = 10 FT PROPOSED ZONING: PUD= PLANNED UNIT DEVELOPOEFFF ENGINEER i su BUILDING: FRONT=11 FT SIDE = 25 FT REAR `5 Na PARKING NORTH SIDET LANDSCAPE B UFFER=61FT IN"INNFAPOATA BLv ROT= NNIA r1.1 HO)a5as2aW A �e)us-x ROPOSED20NING:R=N/A PU=PL,VINEDUNIT eaam ILL MENT D ENG D dJEERING ESIGN EL SURVEYING 6Aa0 Wayzon dlvd. Minneapolis, MN 55426 ORICE: 11611 505-2a00 fAX:(763) 54S 2801 FMAID infoBedsmn om WEs51TE: dnp://edsmn.eam ------------------------------------------ Call 48 Hours before digging GOPHER STATE ONE CALL Twin Cities Area 651-454-0002 MN. Toll Free 1-800-252-1166 VICINITY MAP I NORTHF0PN11 I� I 'Irr—.. '- 111121, LC �I THE lem = �-► TY c° C'��� / r OF RAMSEY FaRNBB INIL5sE4PlI8l9A ,YEA SECTION IB, TGANSHP 32, RANGE 26 e �s� PARCEL ✓ j "U /2 l� '� ; D: Cl stT mrodt TITLE SHEET LEGEND AR M 366dd1' l dP V4l / \ 1y? '�5011 lA� C2 EXISTINGTOPOGRAPHY TOP GRAPH (CON-1NUE DE-IFPLAN DENOTES FOUND PROPERTY IRON n DENOTES SET 1/2' X 18" REBAR /y/ / 15-day-0105 C3..........EXISTIING C6. -AGING AND DRAINAGE PLAN WITH PLASTIC CAP 'PLS 25105" DENOTES BOUNDARY LINE • CS. EROSION CON RCL AND SEDIMENT GRADING DRAINAGE AND PLAN DENOTES LOT LINE 1�� gGi' G EROSION CONTROL NOTES STGRMwATERMANAGEMENTPLAN -DENOTES SETBACK LINE DENOTES RAILROAD LINE ;• / cio STORM WATER EFINCH MEN NOTES DETAILS X99999 DENOTES EXISTING SPOT ELEVATION c12..........LANDSCAPEPL.AN C13..........TREE .....INFlLTR.aTION-BENCH DETAILS 0 DENOTES CONCRETE SURFACE 999 -'DENOTES EXISTING CONTOUR LINE LOT AND EROSION CON— DE -AILS �- FFE DENOTES FINISH FLOOR ELEVATION / css C16.......... .EXISTING DRAINAGE AREAS PROPOSED DRAINAGE AREAS 0 DENOTES BITUMINOUS SURFACE PROJECT BENCHMARK TRUCK PARKING STALLS 75XI2 217 IATION= 6g1.26 (NAVD 16) REGULAR PARKING STALLS 25X12 119 MNBOT DISK "RUSTIC". TOTAL PARKING STALLS 334 Y NOTES ZONING REQUIRES ALL VEHICLES I TRAILERS BE OPERABLE AND CURRENTLY LICENSED. 2. FIRE W ILL REQUIRE A GATE KEY SWITCH FROM THE KNOX COMPANY ( HTTPS:INJ9WJ.KNOXBOX.COMIPRODUCTS) THAT WILL ALLOW THE FIRE DEPARTMENT TO ACCESS PR TY IN THE CASE OF AN EMERGENCY. MSFC 506.1 WHERE RE3UIRED. WHERE ACCESS TO R "",E HIN A STRUCTURE OR AN .AREA IS UNDULY DIFFICULT BECAUSE OF SECURED OPENINGS OR SIR RE IMMEDIATE ACCESS IS NECESSARY FOR LIFESAVING RIFE -FIGHTING PURPOSES. E FIRE CODE OFFICIAL Is AUTHORIZED TO RECUIRE.A KEY BOX TO BE INSTALLED IN AN APPROVED LOCATION. THE KEY BOX SHALL BE OF AN .APPROVED TYPE AND SHALL CONTAIN KEYS TO GAIN NECESSARY .ACCESS AS REOUIR ED BY THE FIRE CODE OFFICIAL. D,A a" `� mAa JPad BNS'FNY�FE rvaFR ,eF amp e�1111D/a� e ,T eT LocATlon o DENOTES TREE LINE DENOTES STEEL FENCE PROPOSED LEGEND DENOTES PROPOSED BITUMINOUS SURFACE OE -CLT DENOTES OVERHEAD ELECTRIC DENOTES ELECTRIC POWER POLE III■ DENOTES PROPOSED CONCRETE AND CURB (M) DENOTES MEASURED DISTANCE DENOTES PROPOSED PARKING STALLS 7SX12 (P) DENOTES PLATTED DISTANCE - BELOTES PROPOSED PARKING STALLS 25X12 @ DENOTES SANITARY MANHOLE DENOTES PROPOSED CONCRETE 1 FOOT CURB © DENOTES ELECTRIC METER 0 DENOTES PROPOSED GRASS BUFFER < DENOTES DRAINAGE FLOW DENOTES PROPOSED 1 FOOT CUTTER ET DENOTES ELECTRIC TRANSFORMER DENOTES PROPOSED TRAFFIC FLOW ® .IF OF DIES WATER WELL DENOTES SHRUB DENOTES PROPOSED POND - — DENOTES PROPOSED 6 FT HEIGHT OPAQUE FENCE TITLE SHEEP FIELD WORK DATE: 09/26/2021T DRAWN BY: IS PROJECT NO.: 23-146 FIELD BOOK AD, EDS-15 I CHECKED BY: VS SHEET NO. C1 Page 274 of 447 EXISTING TOPOGRAPHY' for— NICK BABKIN ­�—� GOIPHERHSTATEfONEICALL ° IlIC IDIE Twin Cities Area 651-454-0002 MN. Toll Free 1-800-252-1166 = BLOCK 3 SCALE IN FEES —ram a s — ate°--, .%��-_• �„ T a 8 'aa s j0 s Cl R� T1e;u, xee ,9 .ate' -ae s,�'asa'S oo 'a e e\86`� —A;` ,,� o°e a-�' EELS l n� � e9 9� ,�9� '; ��-a e A �A �_ a� Pa�RCE l� — III mL 'tea �j �/ Nez se �e _ 89°' ,�e'� ge e ±aa rsse gg5 4��s ate':' i ae Qu a �.,. �� �,•e' S` e FrrEW�TONeoT7nEA, S 01.11'3 18000./� 1°f x990 hoffng s In„0o�4 (1 � w eee�b`e� THE 6W D /473.? A W �a, I33E ..YYyE IVy(KA T'oH BURNE — o �} e 4� `(4`Y�7 AIzss(uhiiz ed(D) COLIN d°ya .� LEG�'ND t °...tti ca •n. / eJ xee e9 - ee 1y • DENOTES FOUND PROPERTY IRON ED \ \ DENOTES SET 1 2 X 18• REBAR g9•'xgA e9 ,0, f-gee T , j ep1�J WITH PLASTIC CAP "PLS 25105 x n ! 0a pe 4'-�A DENOTES BOUNDARY LINE PARC E Lo Cg99'ry �ra9' "rye u9ge Gg41J / DENOTES LOT LINE DENOTES SETBACK LINE egg2 a +ea9Do a�TIlIP/� AG/A 6•:; ^:.: DENOTES RAILROAD LINE sg R x' T A� x99999 DENOTES AS —BUILT SPOT ELEVATION DENOTES CONCRETE SURFACE �o������• 56(�l���po. °� ������ n�� 999 \ --DENOTES AS —BUILT CONTOUR LINE FEE DENOTES FINISH FLOOR ELEVATION DENOTES BITUMINOUS SURFACE �— \ oe I' DENOTES TREE LINE NOTES \ I o DENOTES STEEL FENCE 1. THE BASIS OF THE BEARING SYSTEM IS ASSUMED. \/gyJ_``��� 1 �4' / �E DENOTES OVERHEAD ELECTRIC 2. NC SPECIFIC SOIL INVESTIGATION HAS BEEN COMPLETED % ,�V' L / �� / '� DENOTES ELECTRIC POWER POLE 3. CC TITLENTRACTCRFCSHALL VERIFY PROPOSED ELEVATIONS AND DIMENSIONS. A" (M) DENOTES MEASURED DISTANCE 4. NO DOES N E INFORMATION WAS PROVIDED ME THIS SURVEY. THIS SURVEY \ +gy2—� ' DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECORD. � / � (P) DENOTES PLATTED DISTANCE 5. EXISTING UTILITIES AND SERVICES SHOWN HEREON OWNER LOCATED a9 / �s DENOTES SANITARY MANHOLE EITHERPHYSICALLY ON THE GROUND DURING THE SURNEYORFROM 1 © DENOTES ELECTRIC METER EXISTING RECORDS MADE AVAILABLE TO US OR BY RESIDENT TESTIMONY. s S DENOTES AS —BUILT DRAINAGE FLOW OTHER UTILITIES AND SERVICES MAYBE PRESENT. VERIFICATION AND _ y ins / ET DENOTES ELECTRIC TRANSFORMER LOCATION OF UTILITIES AND SERVICES SHOULD BE OBTAIN FROM THE _ OWNERS OF RESPECTIVE UTILITIES BY CONTACTING GOPHER STATE ONE T / ® DENOTES WATER WELL CALL AT (651) 454-0002 PRIOR TC ANY DESIGN, PLANNING OR EXCAVATION. DENOTES SHRUB orvo ,Nn� oxi aouLv suavfv s, AC1rvo1aN*N�RLnrs loco Hoisin.EsoPEuirvrvi0m.n FIELD WORK DATE: 09/26/2023 DRAWN BY: IS PROJECT NO.: 13-146 ENGINEERING DESIGN $URVEYNVG n / JOB NAME: NICK BABKIN 6d80 Wayzon 0hd. Minneapolis, MN 55026 cE1�C4doAJz✓tzy Pk o ,zTiJT2oza LOCATION: ISBfit JPRVIS STREET NORTHWEST Off ICE: (763) 5d5-2800 EAX: I)63) 5d5 2501 EMAK: infoBedsmn.<nm WEe51TE: M1np://edsmn.enm NAMSEY. MN 55330 FIELD BOOK NO.: EDS-15 I CHECKED BY: VS I SHEET N0. C2 Page 275 of 447 CV Y U O J m REMOVAL AND DEMOLITION PLAN BLOCK 3 \----- -- ---- ------ — --- —l\�/��➢� �easT aTa �iJi / _/ —I------oo rv�n /_�_ vE ag9/ } / �. � N-OKA W rHELw,/a�s,$r3�d - s,. N ms a o— a�l Norn•6s•e _ - aei �q �QL�TY a,,,zsE CQUWM4 z ss(N)),z s4(o) l�. PARCEL 2 EXISTING HARDCOVER EXISTING HOUSE 880 SO. FT. - i EXISTING GARAGE 729 SQFT. _ �g2_. / EXISTING SHEDS 2,542 SQ.. FT. EXISTING CONCRETE SURFACE 1,223 SO. FT. _ ��.r PROJECT BE EXISTING BITUMINOUS SURFACE 7,839 SQ. FT. �s / LEvnrlon esi zec—D,K7 TOTAL IMPERVIOUS AREA 13,213 SQ. FT. r - MN_T DISK R jT" TOTAL LOT AREA 480,470 SO. FT. EXISTING HARDCOVER 2.8 % / • DENOTES FOUND PROPERTY IRON O DENOTES SET 1/2" X 18- REBAR WITH PLASTIC CAP "PLS 25105" DENOTES BOUNDARY LINE DENOTES LOT LINE - - - - DENOTES SETBACK LINE DENOTES RAILROAD LINE x999 99 DENOTES EXISTING SPOT ELEVATION 0^ DENOTES CONCRETE SURFACE 999 --DENOTES EXISTING CONTOUR LINE FFE DENOTES FINISH FLOOR ELEVATION 0 DENOTES BITUMINOUS SURFACE DENOTES TREE LINE o DENOTES STEEL FENCE OE DENOTES OVERHEAD ELECTRIC rQ, DENOTES ELECTRIC POWER POLE CM) DENOTES MEASURED DISTANCE CP) DENOTES PLATTED DISTANCE (] DENOTES SANITARY MANHOLE © DENOTES ELECTRIC METER S— DENOTES DRAINAGE FLOW ET DENOTES ELECTRIC TRANSFORMER ® DENOTES WATER WELL 4F DENOTES SHRUB ENGRJEERING DESIGN 8E SURVEYING u1v TN p1ANE% `RLE END"R°uryoEa , N �< D o�R.EET s.aic or Arvo REMOVAL AND DEMOLRIGN PLRN FIELD WORK DATE: 09/26/2023 I DRAWN BY: IS I PROJECT NO.: 23-146 Off CEW()fi31 S"' 'I�fAXP1)fi3M5/555426 "I801 H[a[sv c[m sco Jnr s%orvA/J E No 25iosE oa uo o, oNv of [1tHsroN SEY, MN Irvrv[so,n. PuR s J�'✓tw ek /;i/sazn LOCATION: —Al JPRVIS STREET NORTHWEST OR EMAIL: infoBedsmn.<nm WESSITE: M1np://edsmn.�nm —CE FIELD BOOK NO.: EDS-15 CHECKED BY: VS SHEET N0. C4 Page 276 of 447 TRUCK PARKING LAYOUT scnLe w FFE `- NOI'11'27'E 1154.91(NJ 1155.13(P) Call 48 Hours hef— digging GOPHER STATE ONE CALL Twin Cities Area 651-454-0002 MN. Toll Free 1-800-252-1166 d 78 PARKING STALLS n as 60 PARKING STALLS I by 'PARKING, U STALLS O J 631 111T ETE65 PARKING STALLS 27 P u5" ^� No g S 01'll'33' W 00�/ 1 • N01'11'33'E vnLL GO1/ SH BURNE �� °^/z" R O ^ - �a g f -zr\ ry 98 0.� 16 PARKING STALLS 9 1ePPN- / g5. �A .,',"• �� , ., � , LEGEND - / LE N AV • DENOTES FOUND PROPERTY IRON •� ti��� q4' A� y DENOTES SET 1/2" X 18" REPAIR _ '�n »..... 0 1 Q' •• •� WTH PLASTIC CAP "PITS 25105" • ♦ S"�, �� �� / �4 DENOTES BOUNDARY LINE DENOTES LOT ACE DENOTES SETBACK LINE DENOTES RAILROAD LINE _ 57 •C'j x999 99 DENOTES EXISTING SPOT ELEVATION NOTES V GP� c.,.. 0 DENOTES CONCRETE SURFACE 1.THEBASIS OF THE BEARING SYSTEM IS ASSUMED. / O Y 999 —DENOTES EXISTING CONTOUR LINE 2. NO SPECIFIC SOIL INVESTIGATION HAS BEEN COMPLETED �� PX�OPOSED LEGEND LIFE DENOTES FINISH FLOOR ELEVATION 3. CONTRACTOR SHALL VERIFY PROPOSED ELEVATIONS AND DIMENSIONS. �J 4. NO TITLE INFORMATION WAS PROVIDED FOR THIS SURVEY THIS SURVEY \ DENOTES PROPOSED BITUMINOUS SURFACE 0 DENOTES BITUMINOUS SURFACE DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECORD. / DENOTES PROPOSED CONCRETE SURFACE DENOTES TREE LINE 5. EXISTING UTILITIES AND SERVICES SHOWN HEREON OWNER LOCATED P y o DENOTES STEEL FENCE DENOTES PROPOSED PARKING STALLS 75X12 EITHEREXISTING ECOR PHYSICALLY ON THE GROUND DURING USOR BE RE IDE OR FROM - OE DENOTES OVERHEAD ELECTRIC EXISTING RECORDS MADE AVAILABLE TO US PRESENT. RESIDENT TESTIMONY. _ - Y�6 DENOTES PROPOSED PARKING STALLS CUR r� DENOTES ELECTRIC POWER POLE OTHER UTILITIES ESANDS AND SMAVBSHOULD BE VERIFICATION AND / DENOTES PROPOSED CONCRETE 1 FOOT CURB (M) DENOTES MEASURED DISTANCE LOCATION OF UTILITIES AND SERVICES SHOULD IN OBTAIN FROM ST THE OWNERS OF RESPECTIVE UTILITIES BY CONTACTING GOPHER STATE ONE 1�•`V' `' 0 DENOTES PROPOSED GRASS BUFFER (P) DENOTES PLATTED DISTANCE CALL AT(65U454-0002 PRIOR TO ANY DESIGN, PLANNING OREXCAVATION. PROPOSED PARKING / / DENOTES PROPOSED 1 FOOT GUTTER �s DENOTES SANITARY MANHOLE 6. HEAVY DUTY PAVEMENT SHALL BE AT ALL DRIVEWAY ISLES AND AT DENOTES PROPOSED TRAFFIC FLOW © DENOTES ELECTRIC METER PARKING STALLS]5X12. NORMAL PARKING AREAS PAVEMENT SHALL BE AT TRUCK PARKING STALLS 75X12 21T / {— DENOTES DRAINAGE FLOW STALLS 25X12. REGULAR PARKING STALLS 25X12 119 DENOTES PROPOSED POND TOTAL PARKING STALLS 334 ET DENOTES ELECTRIC TRANSFORMER — — DENOTES PROPOSED 6 FT HEIGHT OPAQUE FENCE DENOTES SHRUB ENGINEERING DESIGN E1 SURVEYING TTIuv ucery v ."S PRIPrvc�ry°ER°uryoER ,�E �<wSoFR.�E� s.aic or AN0 SITE AND DIMENSION PLM! FIELD WORK DATE: 09/26/2023 DRAWN BY: IS PROJECT NO.: 23-146 641K W-- Blvd. Mieeea Palis. MN 55426 uirvrv[soin. E OFFICE: (763I 545-2B00 FAX: (7631 545 2501 o�,�Y-Cld orvJivtw ek ii/ii/znn LOCATION: 158fi1 JPRVIS STREET NORTHWEST OM FMAIL infoBedsmn.<om WF831TE: BXP://edsmn.eam RPMSEY, MN 55330 FIELD BOOK NO.: EDS-15 CHECKED BY: VS SHEET NO. C5 A� GSTALL Page 277 of 447 GRADING AND DRAINAGE PLAN 1154 LF. 4 FT HEIGHT BOULDER RET. WALL OR EQUIVALENT E _gsb_ ge"I� IT \ oosBEeen.V Dv gog_-7- - __ Mm_ -` -__ J_==-o'/ • 1 1� 'V f� RETAINING WALL DETAIL 1-7 D BATILL 1 ITITO CAP FT— GLIBE EBLOCK To N n pPROTECT a9ouE SOIL /FEEE LwR Eu.�\T.v, Fool ti'w. wIDTn NOTES I. THE BASIS OF THE BEARING SYSTEM IS ASSUMED. 2. NO SPECIFIC SOIL INVESTIGATION HAS BEEN COMPLETED .1 coN'EFNECTION POITLENT AT PERIUELEVT"ETER DRAM. 3. CONTRACTOR SHALL VERIFY PROPOSED ELEVATIONS AND DIMENSIONS. 4. NO TITLE INFORMATION WAS PROVIDED FOR THIS SURVEY. THIS SURVEY TTT 7TI- DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECORD. .III -III -III -III- 6. EXISTING UTILITIES AND SERVICES SHOWN HEREON OWNER LOCATED EITHER PHYSICALLY ON THE GROUND DURING THE SURVEYOR FROM ILAe�_0'uIN ca,+PacTED CRaN nsE EXISTING RECORDS MADE AVAILABLE TO US OR BY RESIDENT TESTIMONY. OTHER UTILITIES AND SERVICES MAYBE PRESENT. VERIFICATION AND NOT TO I-E LOCATION OF UTILITIES AND SERVICES SHOULD BE OBTAIN FROM THE EVATION. OWNERS OF RESPECTIVE UTILITIES BY CONTACTING GOPHER STATE ONE CALL AT (651) 454-0002 PRIOR TO ANY DESIGN, PLANNING OR EXCAVATION. ENGINEERING DESIGN & SURVEYING FL LAL I`- EwA PREPAIED .1 BE ER ,RE LAw� oIFEIT 11PITAD "ND OFFICE: : (763) 45-2 00 FALE:(76 1 S-28 I uINNEsoTn. /�� OR OFFICE: ( I 54II Mi FAX:I)63I S�11- Eo iYead DNJ°vtw ek iz/ii /zozn FMAR: infoBedsmn.<om WEe51TE: hlp://edsm­am � 1 ppp� o SCALE IN FEET pCNO 1 In�P /LapY,.tee PROJECT BENCHMARK BE) ATION= A, BY NNDOT DISK "RIISTI y V LEGEND • DENOTES "ROPERTY IRON DENOTES SOFT 1/2UND 18" REPAIR 'PLS WITH PLASTIC CAP 25105" DENOTES BOUNDARY LINE DENOTES LOT LINE -- DENOTES SETBACK LINE ,F RAILROAD LINE / (FA,DENOTES x999.99 DENOTES EXISTING IF VATID - DENOTES PROPOSED BITUMINOUS SURFACE 0 DENOTES CONCRETE SURFACE - DENOTES PROPOSED CONCRETE SURFACE - 999 --DENOTES EXISTING CONTOUR LINE DENOTES PROPOSED PARKING STALLS 75X12 FFE 0 DENOTES FINISH FLOOR ELEVATION DENOTES BITUMINOUS SURFACE - DENOTES PROPOSED PARKING STALLS 25X12 DENOTES TREE LINE - DENOTES PROPOSED CONCRETE 1 FDOT CURB O DENOTES STEEL FENCE 0 DENOTES PROPOSED GRASS BUFFER OE DENOTES OVERHEAD ELECTRIC ,-®--DENOTES PROPOSED CONTOUR DENOTES ELECTRIC POWER POLE x999.99 DENOTES PROPOSED GRADING SPOT ELEVATION (M) DENOTES MEASURED DISTANCE DENOTES PROPOSED RETAINING WALL (P) DENOTES PLATTED DISTANCE DENOTES PROPOSED 1 FOOT GUTTER Os DENOTES SANITARY MANHOLE DENOTES PROPOSED TRAFFIC FLOW ® DENOTES ELECTRIC METER �— DENOTES PROPOSED DRAINAGE FLOW ` DENOTES DRAINAGE FLOW - — DENOTES PROPOSED 6 FT HEIGHT OPAQUE FENCE ET DENOTES ELECTRIC TRANSFORMER GRADING AND DRHNAGE PLAN FIELD WORK DATE: 09/26/2023 DRAWN BY: IS 1 PROJECT NO.: 23-146 ,TION: 15681 ,MNTRENNIS STREET NORTHWEST RNA6 FIELD BOOK NO.: EDS-15 CHECKED BY: VS SHEET NO. C6 Page 278 of 447 EROSION CONTROL AND SEDIMENT PLAN BLOCK 3 l- _ - -- --_ =� ---- :��= -- ------ —Lf IN FEE, •,,,• „yr,1_ •1' It 1,,I N Y 'I U _ 1 3 m„-33 a 6e.fi3.,-m 1 e,tl'33E 2 �dQKA g'---5 BRIE ��,� - NTh- 1 9E _ LEGEND f • DENOTES FOUND PROPERTY IRON DENOTES SET 1/2" X 18" REPAIR NUMBERED NOTES IM TH PLASTIC CAP "ITS25105" INSTALL SILTFENCE PRIOR TO START OF SOIL DISTURBINGDENOTES BOUNDARY LINE D NOTES LOT LINE ` �Jyy���� DENOTES SETBACK NE ACTIVITIES. . \��• LINE 2 INSTALL �TEMPORARY GRAVEL CONSTRUCTION ENTRANCE \ l�=�0•0000''"�� DENOTES RAILROAD LINE � �1 x999 99 DENOTES EXISTING SPOT ELEVATIC PRIOR TO START OF SOIL DISTURBING ACTIVITIES. DENOTES CONCRETE SURFACE 999 DENOTES EXISTING CONTOUR LINE PROPOSED LEGEND �/ G FFE DENOTES FINISH FLOOR ELEVATION DENOTES PROPOSED BITUMINOUS SURFACE , y2-' 0 DENOTES BITUMINOUS SURFACE DENOTES PROPOSED CONCRETE SURFACE / DENOTES TREE LINE DENOTES PROPOSED PARKING STALLS 75X12 F `1 o DENOTES STEEL FENCE DENOTES PROPOSED PARKING STALLS 25X12 �E DENOTES OVERHEAD ELECTRIC ¢s3 DENOTES PROPOSED CONCRETE 1 FOOT CURB i�D, / `O DENOTES ELECTRIC POWER POLE _ / (M) DENOTES MEASURED DISTANCE 0 DENOTES PROPOSED GRASS BUFFER T PROJECT BENCHMARK (P) DENOTES PLATTED DISTANCE DENOTES PROPOSED 1 FOOT GUTTER >rloN=e9I.26(" eel �s DENOTES SANITARY MANHOLE DENOTES PROPOSED ROCK ENT. / IVINoor DISK RUSTIC. ® DENOTES ELECTRIC METER C3E3©E� DENOTES PROPOSED SILTFENCE f DENOTES DRAINAGE FLOW • DENOTES PROPOSED POND ET DENOTES ELECTRIC TRANSFORMER - 80 W.,.— I DESIGN E1 SUAIN 554 uv uccry a�anNSW/A PeLErvol�° Ea°°�`oE°°,�E°EPw�°.11RT11 IT c or �D ER(1510N CONTROL AND .-II.— PLAIN FIELD WORK DATE: 09/26/2023 DRAWN BY: IS PROJECT NIX: 23-146 OFFICE: (763) 345-2800II �FAXP(763M5/3.I801 0 .�C a orvp/ onTeo �z/s /zoz EeNHON LOCATION: ISBfi1 JPRV ulrvrv[soTn. aoQ 5 S'✓tw ek IS STREET NORTHWEST FAIAIL i.—d—.— WF83rcE: K"p://edsmn.�am RMISEY, MN II — Page STORMWATER MANAGEMENT PLAN 1154 LF, 4 FT HEIGHT BOULDER = —I _ ��/�4 RET. WALL OR EQUIVALENT a _------- 88T_� Sa .a R�1' 9ooi.aa2p PN - FLA AF r _ _- _—_--_ -- _ _ __ �-'��_ _- _ �- -_____erg � _-''_---`� __ --���_-•�_-�.-�' o-�=e---_-s°1 6`•-�_'/ �=' i�e9° rya n IN FEET I °grvq `— '—•a---�°4 -�. Fyvli� 1es°�nHw �r _—n�Tlliiv s , ,° G� ° B i tee„� / k, m ° B ez y / -,Ig game e�A, D_iEl / 1� All a° e9,, LAidQ - NTh--� AT c° 4 °� A1ti - 0 Sz / _ �,aees �y14'�?�� GENERAL NOTES 1. SEEMEOFCTESONSHEC,OFCR FUR HERSWMP REQUIQUIME RENTS. IN CASE NOTES SHALL B EQUI E. PLAN AND SWMP NOTES. THE SWMP NOTES SHALL OVERRULE. 2. ALL EROSION CON ROL MEASURES MUST BE INSTALLED AT THE IMITI AL STAGES OF CONSTUONAND MAIN -AWED UN -IL ALL AREAS ALTERED HOVE BEENRESTORED. �A`�,4�1�/ �� B ALL REAR YARD AREAS OF LOTS AT SE BACK LINE ARE TO BE VV �1 n MULCHED AND SEEDED WITHIN 14 DAYS OF GRADING BY GP.ADING R HE �vRB AND SETBAC: LINE ARETOBEMULCHED ANID SEEDED %wN,aDaysOFPRIvnTE UTILITIL THE UTILIEFE PON RCOR \ / / T EE wEEPINc nn LIES BE UNDER auEN ON AN ASPJEEOEO ____ �0 \A`S � BASIS. S x99999 c �. s9-¢� �LG PREPOSED LEGEND AS FaLLOFSEDNG FOR FINAL STABILIZATION OF DISTURBED AREA DENOTES PROPOSED BITUMINOUS SURFACE 999 / \ / TOP PLACE TOpgOIL TO PRovIDEAUNIFORM THICKNESS.LOOSEN DENOTES PROPOSED CONCRETE SURFACE EPIC G. TAKEN OPTHOF'+ FEE �• 1 DENOTES PROPOSED PARKING STALLS 75X12 bDPPPLV COMM ERG AL GRADE SLOW RELEASE FERTIL12ER PER DENOTES PROPOSED PARKING STALLS 25X12 , Bo snuARE FEE DENOTES PROPOSED CONCRETE 1 FOOT CURB ° NUMBERED NOTES � DENOTES PROPOSED ROCK ENT. OTHER MEANS TO PLRACE FERIni¢ER IDELYON GROUNDIEVELR of O INSTALL SILTFENCE PRIOR TO START OF SOIL DISTURBING _EETTESI _ DENOTES PROPOSED SILTFENOE a. AppLv MmooT SEED nnXTURE 190 AT RATEOF me POUNDS PER () ACTIVITIES. -®-'DENOTES PROPOSED CONTOUR ACRE WITH BRILLION TYPE SE EDEROROTHERIAEANSTO (P� /P999.99 DENOTES GRADING SPOT ELEVATION COVER SEED WITH 1"-0; 0 S.L. M DENOTES PROPOSED RETAINING WALL e. OINSTALLTEMPORARY GRAVEL CONSTRUCTION ENTRANCE BE SEEPS APPLY UNIFORM COVERING OF EROSION CON -ROC BLANKET ES PROPOSEDI FOOT GUTTER s UGH IS BABY TURF FU-ERRA. © PRIOR TO START OF SOIL DISTURBING ACTIVITIES. DENOTES PROPOSED INERT ATION TRENGN QDE OTIS PROPOSED POND I. ANCHORMU LCH-O DEPLH PFz'-OB•' wITH OISC ANCHOR OR ET DENOTES PROPOSED DRAINAGE FLOW OTHER rtI FANS IMMEDIATELY AFTIRSEEDING. ENGNEERING DESIGN &SURVEYING ILI LicIN EIENI AE1HF1 THAT THIN 1-111LAN n AL INNPIEPANIIIV IN111 III LIAI oFR.sET s.<;L of Arva STORMWATER MANAGEMENT PLAN FIELD WORK DATE: 09/26/2023 DRAWN BY: IS PROJECT ND.: 13-146 OFFICE: : (763) 45-2 00 W:(76 MN 55426 uirvrv[s°Tn. F 6480 I: (163I 54l- Mi FAX: Ii, N5I501 o�,�Y-old orvJ°vtw ek i2/si/zozn LOCATION: III JPRVIS STREET NORTHWEST EMAIL: info@edsmn. WESSIiE: M1nP://edsmn.�am —SEY. MN S5330 FIELD BOOK NO.: EDS-15 I CHECKED RY: VS I SHEET NO. C9 Page 280 of 447 LANDSCAPE PLAN fi IFIF zoo SCALE IN FEE' PROPOSED LEGEND DENOTES PROPOSED ECaN MINOUS SURFACE DENOTES PROPOSED CONCRETE SURFACE L DENOTES PROPOSED PARKING STALLS 75X12 - DENOTES PROPOSED PARKING STALLS 25X12 �l DENOTES PROPOSED CONCRETE 1 FOOT CURB 0 DENOTES PROPOSED GRASS (SHALL BE SEEDED) DENOTES PROPOSED 1 FOOT GUTTER DENOTES PROPOSED POND gA1 10 4 \ og� og�g �ggg UFFERYARDS CITY OF RAMSEY BUFFERYARDS HELP TO ACHIEVE SCREENING BE-WEEN DIFFERING USES WITH VARIED INTENSITIES / AND IMPACTS THAT ARE NOT AL WAYS COIAPLEMENTARV WHEN ACJACENT -O ONE ANGTHER. WHEN A BUFFERYARD IS REQUIRED, THE YARD SPACE AND PLANTING REQUIREMENTS ARE NOT TO SE REDUCED FOR OTHER PURPOSES SUCH AS FUTURE PARKING AND DRIVEWAYS, BUILDING PLANTING REQUIREMENTS CITY OF RAMSEY PARKING LOT LANDSCAPING REQUIREMENTS (CITY OF RAMSEY) YPANSIONS, OR OTHER ACTIVITIES THAT ARE NOT IN KEEPING WITH —HE PURPOSES OF uFFERING AND SCREENING. PLANTING TYPE REQUIREMENTS —STALLS VANTITY BRING LOTS ARE REQUIRED TO PROVIDE INTERNAL AN— ADJACENT OVERSTORY TREE TREES (NORTH) ONE TREE PER 50 LINEAL FEET OF SITE PERIMETER 29/ fi PLANTINGS IN AN EFFORT TO SHADE PARKING SURFACES AND PROVIDE VISUAL RELIEF. THE 1. BUFFERYARDS ARE IN -ENDED -C PROVIDE ADDITIONAL SCREENING OF BUSINESSES THATAE PLANTING SCHEDULE IS ESTABLISHED TO PROVIDE AN ACCEPTABLE NUMBEROF APLANTINGS THAT ADJACENT TO RESIDENTIAL AREAS. -HE FOLLOWING TABLE DETAILS THE WID-HOF -HE TREES(EAST) ONETREEPER50LINEALFEET OF SITE PERIMETER 1155 23 ANTEDIN REGULAR SYM METRICAL PATTERNS PLTEOIRREGULARCLUSTERS OR GROUPINGS. BUFFERYARD ALONG THE COMMON ADJACENT PROPERTY LINE. AN ADDITIGNAL INCREASE OF PLANTINGS ARE REQUIRE AT THE FOLLONING MINIMUM SR CHEDULE AND ARE CREDITED TOWARD LANDSCAPE PLANTINGS IS REQUIRED IN THE BUFFERYARD. THE TABLE BELOW OUTLINES THE SHRUB (NORTH) ONE SHRUB PER 30 LINEAL FEET F SITE PERIMETER 29/ 10 THE MINIMUM PLANTING REUIREMENTS FORTHE DISTRICT: ININIMUM REQUIRED ADDITIONAL PLANTINGS. E PERCENTAGE OF THE TO -AL SHRUB (EAST) ONE SHRUB PER 30 LINE.aL FEET OF SITE PERIMETER 1155 38 RE.ND DIRE SHRUBS FOR SITE LANDSCAPINGOS;THEN PERCENTAGE IS APPoIE TO THE TOTAL NUMeEROF TREE LONE TREE PER EVERY TEN PARKING SPACES. ATHE PROPOSED DEVELOPMENT). TREES ONE TREE PER EVERY I S PARKING SPACES 243 25 2.EVERY OVERSTORY TREE PLANTING SHALL BE PROVIDE WITH A PLANTING AREA OF AT LEAST 2. AS AN ALTERNATIVE METHGD FOR SCREENING WITHIN -HE BUFFERYARD, FENCES THAT ARE l(D TREES TOTAL 54 162 SQUARE FEET(EUIVALENT OF A NINE FOOT BY 18 FOOT PARKING STALL). PERCENT OPAQUE MAY BE USED TO MITIGATE THE IMP ACTS OF BUSINESSES -HAT ARE ADJACENT SHRUB TOTAL d8 RESIDENTI AL .AREAS. WHEN A FENCE IS USE FOR SCREENING PURPOSES, THE BUFFERYARD OUND COVER M.—El — INCLUDE H, AND OTHER NATURAL GROUND —NTING REUIREMENTS M.AY BE REDUCE BY 50 PERCENT FROM -HE STATED IAINIMUM SHRUB (TREE TOTAL 102 COVER. LANDSCAPING ROCK AND PLASTIC UNDERLAYMENT IS PROHIBITED IN PLANTING ISLANDS. QUIREMENT. EISElllICN ENG NE9I G DESIGN.m R SURVEYING UNN13— u v �i, PIF A PRTP cIrv�ER°urvoEa,oP L< s or RT`HET s=aiE of ArvN LANDSCAPE PIUNN FIELD WORK DATE 09/26/2023 ORAWN R IS PROJECT NO.: 23-14B d488 Wayzam BIM. Minneapolis, MN 53426 n� ICE: V6915"52980 FAX: (] 1545�28TM Veal arvSw YW pk i2/Ti/Eozn LOCATION: III JPRVIS STREET NORTHWEST FIELD BOOK NO.: ENDS-15 CHECKED BY: VS SHEET N0. C12 .AIL; infoIISA .eom WFBSITE: h.Whdsma.wm RPMSEY. MN 55330 Page 281 of 447 892.0 ASSe TD i6M , ss- �92. NORTH 2s,2a� 890.5 891.0 'R;�; -,,; CBE , 6988. SO, FT. F7✓F ,� GRASS TO NORTH BIT JO Iy� i 892.2 R —1058 LF BOULDER RET. WALL 6,462 SQ. FT. W GRASS TO CRMRI a5, 4,161 SO. FT. PASS TO OCS-1 �) 11 Ali] ", LEGEND • DENOTES FOUND PROPERTY IRON '� DENOTES SET 1/2" X 18" REPAIR PROPOSED PARKING WTN PLASTIC CAP "FILE 25me" ",ALCULATIDN OF PROPOSED DRAINAGE i TRUCK PARKING STALLS 75X12 217 DENOTES BOUNDARY LINE AREAS , REGULAR PARKING STALLS 26XI2 TO DENOTES LOT LINE PORTION BIT. ROAD TO NORTH 7,891 SQ. FT. TCTAL PARKING STALLS 334 - — — — —- DENOTES SETBACK LINE PORTION OF PARKING TO NORTH 12,387 SQ.FT. DENOTES RAILROAD LINE GRASS TO NORTH 26,888 SQ. FT. PROPOSED LEGEND x999 99 DENOTES EXISTING SPOT ELEVATION GRASS TO NORTH 6,988 SQ. FT. 1 .� 0 DENOTES CONCRETE SURFACE PORTION BIT. PARKING TO OSC1 244,732 SQ. FT. ,, DENOTES PROPOSED BITUMINOUS SURFACE _ 999 —DENOTES EXISTING CONTOUR LINE GRASS TO OCS1 4,164 SQ. FT. DENOTES PROPOSED CONCRETE SURFACE LIFE DENOTES FINISH FLOOR ELEVATION PORTION BIT. PARKING TO CBMH1 60,396 SQ. FT. DENOTES PROPOSED PARKING STALLS 75X12 0 DENOTES BITUMINOUS SURFACE GRASS TO CBMH1 6,462 SQ. FT. 92.0 DENOTES PROPOSED PARKING STALLS 25x12 � DENOTES TREE LINE GRASS TO CBMH1 8,949 SQ. FT. DENOTES PROPDSED CONCRETE 1 FOOT CURB o DENOTES STEEL FENCE PORTION BIT. PARKING TO POND 78,618 SQ. FT. 0 DENOTES PROPOSED GRASS BUFFER OE DENOTES OVERHEAD ELECTRIC GRASS TO POND 6,568 SQ. FT. DENOTES PROPOSED 1 FOOT GUTTER `OT DENOTES ELECTRIC POWER POLE POND 16,427 SQ. FT. DENOTES PROPOSED TRAFFIC FLOW CM) DENOTES MEASURED DISTANCE DRAINAGE AREA 48Q470 SQ. FT. DENOTES PROPOSED RETAINING WALL @ DENOTES PLATTED DISTANCE DENOTES SANITARY MANHOLE TOTAL LOT AREA 480,470 SQ. FT. • DENOTES PROPOSED POND © DENOTES ELECTRIC METER DENOTES PROPOSED CONTOUR `— DENOTES DRAINAGE FLOW x999.99 DENOTES PROPOSED GRADING SPOT ELEVATION ET DENOTES ELECTRIC TRANSFORMER ENGINEERING DESIGN & SURVEYING 6F813 MN 55426 oa a[RH u�v -1 1-1111 P/RIPrA 1-11Vu 11 .Nr L 1 or�R*NE IT— or Arvfi I�iNNEsora HaT iNip�Q4dorvJvvtW PROPOSED )--E PREAS FIELD WORK DATE: 09/26/2023 DRAWN BY: IS PROJECT NO.: 23-146 : 11611 41rd.00 W: (76 _RICE: (163I 545-2B00 SSIT I)fi31 EMAIL: infoBedsmn.<om WFe51TE: M1np://edsmn.eam S45d I501 2yE oH�z/i�/zozn LOCATION: Ill JARVIS STREET NORTHWEST fLWSEY, MN 55330 FIELD BOOK NO.: EDS-15 I CHECKED BY: VG I SHEET N0. C16 Ill Page 282 of 447 .............. ............. .. . ............ ............ 1� I COOPER L GHTING P —11 IE0 I — . 11. 0 0.10 (IRIVPOLE IITH I 1OPEH­ ) �= (IOR.ERI 1 01 COOPER L GHTING PRO IL P111 110 1 1PRO (E0 1­1� 0.100 0. POLE PRTH , _E) 'Ntltl.dll0d�Rtlfl�lt tol�,P_0,f 101010 Cl.—,1,0,- LI.0RI (IOR.ERI g EITO" OR Coo PER L GHTING PRO XL POOk 740 U TOW 17117 171 0.100 4: lEtg Gl— IOLIT 01 (" POLE 'THE 'OPE) LU.ARI (IOR.ERI 1, =tgolflkllol_dtlt,01�1�11:�, Ellty fol-tdl.d Ight .-k E104 t . Page 283 of 447 Item 7.1 Northstar Trucking Page 284 of 447 •,1 Page 285 of 447 Background ■ CUP approved March 2025 ■ November 1, 2025, deadline ■ No conditions met ■ Need plan approval from both municipalities ■ Requesting amendment to extend deadline to June 1, 2026 ■ Ramsey City Council granted their extension request Page 286 of 447 Background ■ Other than the deadline date ■ The request is the same as previously approved Page 287 of 447 olz PROPOSED DRAINAGE AREAS 200 C131011-1 r-------T OC8-1 INFILTRATON TRENCH 1154 LF, 4 FT HEIGHT BLOCK RET. TC=BBB.p 2pWX3DpLX11 � I TC-085.5 T WALL OR EQUIVALENT 11W LF, VP FL=Is7s.p L-------J FL IW875.0 892.014N 001.5 TN DRAINTLE. 889.5 TNC .5 TN FL OU l 08945 TW TW ' 888.pBW890.51w DRECTWA R 888.0 DW \ 887.0 HJJ �3N� ea7.p Ilw' TO THE PON . S`� 80p LF 48' HDPE PERF. PIPE OU% 1­HD PE v CUL4E.RTC2.1% 887.O7w L=630 0.0095 FT./FT. 6.402 SQ, FT. 4,164 SQ. Fr. M7.0 OW S92 O GRASS TO CBMHi 88 O GRASS TO OCS-1 YgN1 —� RA `4S)� ,949 SQ FTIFT - 16,427 SQ. FT. 55. TO CBMH1 0' 0 6� FyYy �. 8 1� .00'9 FITFL�ra.p POND GRAL� 3N �" ��' • 85.0 + 60,396SQ. FT. 3S .� 817. TO CBMH1 - 244.732 SO. FT. _ • BIT. TO OM• I� _ 1aFr. f� WIDE WEIR 892'0 (�� �`�" I - DEPRESSION r4SJ AREA 891.0 26,aaa SQ. FT. 4S sssa so. Fr. GRASS TO NORTH 5S I I I_ L_ I I - 78,618 SQ. FT. GRASS TO POND ��� • • 12.387 $0, FT. BIT. TO POND BIT. TO NORTH NW 5S 892.2 8IT ro H T.>i.r_>i.1vn • PROPOSED PAMNG ♦ TRUCK PARKING STALLS 75X12 217 REGULAR PARKING STALLS 25X12 119 TOTAL PARKING STALLS 334 OF PROPOSED DRAINAGE AREAS '. )AD TO NORTH 7,891 SQ. FT. PROPOSED LEGEND 2KING TO NORTH 12,387 SQ.FT. ♦♦ DENOTES PROPOSED BITUMINOUS SURFACE H 26,888 SQ. Fr. DENOTES PROPOSED CONCRETE SURFACE 'H 6,968 SQ. FT. DENOTES PROPOSED PARKING STALLS 75X12 RKING TO OSC1 244,732 SQ. FT. 92.0 DENOTES PROPOSED PARKING STALLS 25X12 4,164 SQ. FT, DENOTES PROPOSED CONCRETE 1 FOOT CURB RKING TO CBMH1 60,396 SQ. FT. DENOTES PROPOSED GRASS BUFFER 1 6,462 SO. FT. DENOTES PROPOSED 1 FOOT GUTTER 1 8,949 SQ. FT. DENOTES PROPOSED TRAFFIC FLOW RKING TO POND 78,618 SQ. FT. DENOTES PROPOSED RETAINING WALL 6,568 SQ. FT. • DENOTES PROPOSED POND 16,427SQ. FT. DENOTES PROPOSED CONTOUR 480,470 SQ, FT. X999.99 DENOTES PROPOSED GRADING SPOT ELEVATION 480,470 SO. FT. (11.03+1- AC.) • DENOTES FOUI O DENOTES SET WITH PLASTIC DENOTES BOU — — DENOTES LOT — — — — — — DENOTES SETE - DENOTES RAIL X999.99 DENOTES EXIS DENOTES CON �— 999 —DENOTES EXIS FFE DENOTES FINIS 0 DENOTES BITU DENOTES TREE D DENOTES STEE —OE DENOTES OVEI 10_� DENOTES ELE( (M) DENOTES MEA (P) DENOTES PLA' sQ DENOTES SAN ® DENOTES ELE( �— DENOTES ORA age 88 8fT ELEc Planning Commission ■ No one spoke for or against the request ■ Have not received any comments since the meeting ■ Had no questions or concerns about the request ■ Unanimously recommended approval Iwo -- Page 289 of 447 Action Requested ■ Approve, by motion, the CUP with the 25 conditions outlined in the memo Page 290 of 447 4% T1 •,1 Page 291 of 447 olz PROPOSED DRAINAGE AREAS 200 C131011-1 r-------T OC8-1 INFILTRATON TRENCH 1154 LF, 4 FT HEIGHT BLOCK RET. TC=BBB.p 2pWX3DpLX11 � I TC-085.5 T WALL OR EQUIVALENT 11W LF, VP FL=Is7s.p L-------J FL IW875.0 892.014N 001.5 TN DRAINTLE. 889.5 TNC .5 TN FL OU l 08945 TW TW ' 888.pBW890.51w DRECTWA R 888.0 DW \ 887.0 HJJ �3N� ea7.p Ilw' TO THE PON . S`� 80p LF 48' HDPE PERF. PIPE OU% 1­HD PE v CUL4E.RTC2.1% 887.O7w L=630 0.0095 FT./FT. 6.402 SQ, FT. 4,164 SQ. Fr. M7.0 OW S92 O GRASS TO CBMHi 88 O GRASS TO OCS-1 YgN1 —� RA `4S)� ,949 SQ FTIFT - 16,427 SQ. FT. 55. TO CBMH1 0' 0 6� FyYy �. 8 1� .00'9 FITFL�ra.p POND GRAL� 3N �" ��' • 85.0 + 60,396SQ. FT. 3S .� 817. TO CBMH1 - 244.732 SO. FT. _ • BIT. TO OM• I� _ 1aFr. f� WIDE WEIR 892'0 (�� �`�" I - DEPRESSION r4SJ AREA 891.0 26,aaa SQ. FT. 4S sssa so. Fr. GRASS TO NORTH 5S I I I_ L_ I I - 78,618 SQ. FT. GRASS TO POND ��� • • 12.387 $0, FT. BIT. TO POND BIT. TO NORTH NW 5S 892.2 8IT ro H T.>i.r_>i.1vn • PROPOSED PAMNG ♦ TRUCK PARKING STALLS 75X12 217 REGULAR PARKING STALLS 25X12 119 TOTAL PARKING STALLS 334 OF PROPOSED DRAINAGE AREAS '. )AD TO NORTH 7,891 SQ. FT. PROPOSED LEGEND 2KING TO NORTH 12,387 SQ.FT. ♦♦ DENOTES PROPOSED BITUMINOUS SURFACE H 26,888 SQ. Fr. DENOTES PROPOSED CONCRETE SURFACE 'H 6,968 SQ. FT. DENOTES PROPOSED PARKING STALLS 75X12 RKING TO OSC1 244,732 SQ. FT. 92.0 DENOTES PROPOSED PARKING STALLS 25X12 4,164 SQ. FT, DENOTES PROPOSED CONCRETE 1 FOOT CURB RKING TO CBMH1 60,396 SQ. FT. DENOTES PROPOSED GRASS BUFFER 1 6,462 SO. FT. DENOTES PROPOSED 1 FOOT GUTTER 1 8,949 SQ. FT. DENOTES PROPOSED TRAFFIC FLOW RKING TO POND 78,618 SQ. FT. DENOTES PROPOSED RETAINING WALL 6,568 SQ. FT. • DENOTES PROPOSED POND 16,427SQ. FT. DENOTES PROPOSED CONTOUR 480,470 SQ, FT. X999.99 DENOTES PROPOSED GRADING SPOT ELEVATION 480,470 SO. FT. (11.03+1- AC.) • DENOTES FOUI O DENOTES SET WITH PLASTIC DENOTES BOU — — DENOTES LOT — — — — — — DENOTES SETE - DENOTES RAIL X999.99 DENOTES EXIS DENOTES CON �— 999 —DENOTES EXIS FFE DENOTES FINIS 0 DENOTES BITU DENOTES TREE D DENOTES STEE —OE DENOTES OVEI 10_� DENOTES ELE( (M) DENOTES MEA (P) DENOTES PLA' sQ DENOTES SAN ® DENOTES ELE( �— DENOTES ORA age 92 8fT ELEc Request for Action City of Elk River To Board of Adjustments Meeting Date December 15, 2025 Item Description Variance: Water Oriented Structure Size, Benjamin Poythress - 13640 Island View Dr NW Item Number 7.2 Prepared By Chris Leeseberg, Senior Planner Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Direct staff to draft a resolution making Findings of Fact, denying the variance to exceed the permitted size of a water -oriented storage structure, as the standards for approval, as noted below, are not met. The City Council will consider the resolution on January 20, 2026. 1. Allowing a structure nearly one and a half times the size of what is permitted within the shore impact zone does not meet the general purpose and intent of the ordinance. 2. The property has land use guidance for residential, and the proposed single-family residential use is consistent with the Comprehensive Plan. 3. The proposed use is not reasonable as the property already contains a permitted 100 sf water - oriented structure that serves the intended purpose of storing lake -related equipment. 4. There are no circumstances unique to the property that create hardship. The request results from the applicant's desire for additional space, which is a self-created condition, not a property hardship. 5. Granting the variance would permit a structure nearly twice the size allowed within proximity to the lake that could alter the essential character. Background/Discussion The applicant is requesting approval to exceed the limit of 400 sf for a water -oriented structure by proposing a combination of deck and structure improvements for a total of 590 sf. Throughout the review process, the applicant has questioned the staffs interpretation of what constitutes a Water -Oriented Structure, asserting that the deck component should not be included because it is not used for storage. Staff consulted with legal counsel, who confirmed that the deck is, by definition, a Water -Oriented Structure. These structures are not limited to storage and, per city code, include boathouses, gazebos, screen houses, fish houses, and decks. Public Hearing The Board of Adjustments (BOA) reviewed the application at its November 25, 2025, Regular Meeting. There was discussion regarding the proposed location of the Water -Oriented Structure and the limited visibility from the lake. Staff informed the Board that there are no concerns with the location and reiterated that the variance request relates solely to the structure's size. The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E U A Y engagement that encourages and inspires prosperityI Irk 447 During the public hearing, the applicant presented a revised plan reducing the requested size from the original 780 sf to 590 sf. The applicant also indicated that neighboring property owners had submitted letters of support, which were provided to the Commission for consideration. The BOA, after reviewing the new plans, did not feel that the proposal met the ordinance standards for approval of a variance. They felt that a small encroachment, consistent with what was currently under construction, met the ordinance standards and approved a variance for 20 sf above the ordinance limit. The city code provides an appeal process, and the applicant has exercised that option to request City Council review of their updated request for a 590 sf structure (190 sf variance). Staffs concern has been, and continues to be, that there are no plight/circumstances unique to the property that created a hardship to allow for an increase in personal storage. The desire for additional storage is not a hardship but a plight the property owner created. Applicable Regulations Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and Applicants' response: This request is in harmony with the intent of the ordinance because it allows us to safely and responsibly improve existing lakeshore amenities without creating environmental impacts. The variance supports the continued use of a modest storage structure for water -oriented items (kayaks, oars, lifejackets, etc.) and the replacement of a deteriorating deck with a safe structure. Neither project contributes to erosion, runoff, or shoreline degradation. The intent of the lakeshore setback and accessory structure standards is to provide some unique storage (400 sf. max) opportunities because of the relationship to a water feature and to preserve the natural character of the shoreline, protect water quality, and maintain consistency among lakeshore properties. Allowing a structure larger than what is permitted within the shore impact zone would conflict with these goals. The variance is therefore not in harmony with the purpose and intent of the ordinance. 2. Is consistent with the City of Elk River's comprehensive plan. Applicants' response: The request is consistent with the City's Comprehensive Plan by preserving the residential and recreational character of the lakeshore. The addition to the small storage shed ensures adequate space for water - oriented equipment, while the rebuilt deck provides safe access and enjoyment of the property. Both improvements update pre-existing structures and are compatible with the development pattern of surrounding lakeshore homes. While the property has a land use guidance for residential, and the proposed single-family residential use is consistent with the Comprehensive Plan, the plan also emphasizes protecting natural resources, especially along lakes and wetlands, by enforcing setbacks and size limitations for structures near the water. Expanding the existing water -oriented structure beyond ordinance limits is not consistent with these objectives. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: Page 294 of 447 The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Applicants' response: The proposed improvements are reasonable uses of a lakeshore property. Expanding the existing shed provides adequate space to safely store water -oriented equipment, preventing shoreline clutter. Replacing the deteriorating deck ensures safe enjoyment of the property while aligning with typical residential lakeshore uses. The property already contains a permitted 100 sf water -oriented structure that serves the intended purpose of storing lake -related equipment. The applicant also has sufficient space elsewhere on the property to construct additional storage structures that meet ordinance requirements. The desire for additional convenience or larger storage capacity does not constitute a practical difficulty. Therefore, the request does not represent a reasonable use that is otherwise prohibited by the ordinance. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petition's own action or inaction; and Applicants' response: The property's unique site conditions —including the shoreline location, wetlands, and easements —limit alternative placement of both the shed addition and the deck. These constraints create practical difficulties in meeting zoning requirements while still allowing safe and reasonable use of the property. The request is not the result of actions or inactions by the property owners. There are no circumstances unique to the property that have created a hardship. The lot is a standard lakeshore parcel with adequate buildable area for compliant accessory structures outside the shore impact zone. The request results from the applicant's desire for additional space, which is a self-created condition, not a hardship. 5. The variance, if granted, will not alter the essential character of the locality. Applicants' response: The requested variance will not change the essential character of the neighborhood. Nearby lakeshore properties commonly have decks and small water -oriented storage structures. The proposed improvements are modest in scale, consistent with surrounding properties, and will preserve the residential and recreational nature of the lakeshore. Granting the variance would permit a structure over one and a half times the size allowed within proximity to the lake, setting a precedent inconsistent with surrounding lakeshore development patterns. Approval would alter the essential character of the locality by introducing a more intensive level of lakeshore development than intended by ordinance. Findings Staff find that the requested variance does not meet the required criteria for approval. There is no demonstrated hardship or unique property condition that justifies exceeding the allowed size for a water - oriented structure. The property already benefits from a permitted structure that serves the intended purpose, and expanding it would conflict with the intent of the ordinance to protect lakeshore character and water qua Financial Impact None Page 295 of 447 Mission/Policy/Goal Ethical, efficient, and responsible. Attachments I . Board of Adjustments Staff Reports 1 1-25-2025 & 10-28-2025 2. Handout 10-28-2025 3. Letters of Support 4. Poythress Presentation Page 296 of 447 Request for Action City of Elk River To Board of Adjustments Meeting Date November 25, 2025 Item Description Variance: Structure Size Variance, Benjamin Poythress - 13640 Island View Dr NW Item Number 5.1 Prepared By Chris Leeseberg, Senior Planner Reviewed by Zack Carlton Action Requested Deny, by motion, the variance proposal to exceed the permitted size of a water -oriented storage structure, as the following standards have not been met: 1. Allowing a structure nearly twice the size of what is permitted within the shore impact zone does not meet the general purpose and intent of the ordinance. 2. The property has a land use guidance for residential, and the proposed single-family residential use is consistent with the Comprehensive Plan. 3. The proposed use is not reasonable as the property already contains a permitted 100 SF. water - oriented structure that serves the intended purpose of storing lake -related equipment. 4. There are no circumstances unique to the property that create hardship. The request results from the applicant's desire for additional space, which is a self-created condition, not a property hardship. 5. Granting the variance would permit a structure nearly twice the size allowed within proximity to the lake that could alter the essential character. Background/Discussion The Board of Adjustments initially reviewed this request on October 28, 2025, and after hearing comments and concerns from the Board, the applicant requested to postpone action until the November 25, 2025, meeting to provide additional time to explore alternative solutions/designs. Prior to providing any alternative, the applicant requested an explanation be provided specifying the ordinance language that requires a deck to be included in water -oriented structure square footage, as well as additional information. That correspondence is included as an attachment. They have reduced the size of the deviation, and are now requesting a 10-foot x 17-foot building addition. An outline of the proposed square footage is as follows: • 100 SF. Existing Building (10' x 1 0') • 320 SF. "Proposed" Deck (currently under construction) • 420 SF. Existing Water -Oriented Structure (400 allowed) • 170 SF. Proposed Building (10' x IT) • 590 SF. Total Existing and Proposed The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exc ptional service, and community p p W E H E U A Y engagement that encourages and inspires prosperityIck 447 While the existing conditions exceed the maximum allowed square footage by 20 SF, a viable alternative, which the Board suggested at the October meeting, is utilizing space under the deck for storage, which may satisfy the applicants' desire for additional storage. Staffs concern has been, and continues to be, that there is no plight/circumstances unique to the property that created a hardship to allow for an increase in personal storage. The desire for additional storage is not a hardship but a plight the property owner created. Applicable Regulations Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and Applicants' response: This request is in harmony with the intent of the ordinance because it allows us to safely and responsibly improve existing lakeshore amenities without creating environmental impacts. The variance supports the continued use of a modest storage structure for water -oriented items (kayaks, oars, lifejackets, etc.) and the replacement of a deteriorating deck with a safe structure. Neither project contributes to erosion, runoff, or shoreline degradation. The intent of the lakeshore setback and accessory structure standards is to provide some unique storage (400 sq.ft. max) opportunities because of the relationship to a water feature and to preserve the natural character of the shoreline, protect water quality, and maintain consistency among lakeshore properties. Allowing a structure larger than what is permitted within the shore impact zone would conflict with these goals. The variance is therefore not in harmony with the purpose and intent of the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. Applicants' response: The request is consistent with the City's Comprehensive Plan by preserving the residential and recreational character of the lakeshore. The addition to the small storage shed ensures adequate space for water - oriented equipment, while the rebuilt deck provides safe access and enjoyment of the property. Both improvements update pre-existing structures and are compatible with the development pattern of surrounding lakeshore homes. While the property has a land use guidance for residential, and the proposed single-family residential use is consistent with the Comprehensive Plan, the plan also emphasizes protecting natural resources, especially along lakes and wetlands, by enforcing setbacks and size limitations for structures near the water. Expanding the existing water -oriented structure beyond ordinance limits is not consistent with these objectives. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Applicants' response: The proposed improvements are reasonable uses of a lakeshore property. Expanding the existing shed provides adequate space to safely store water -oriented equipment, preventing shoreline clutter. Replacing the deteriorating deck ensures safe enjoyment of the property while aligning with typical residential lakeshore uses. The property already contains a permitted 100 sq.ft. water -oriented structure that serves the intended purpose of storing lake -related equipment. The applicant also has sufficient space elsewhere on the property to construct additional storage structures that meet ordinance requirements. The desire for additional Page 298 of 447 convenience or larger storage capacity does not constitute a practical difficulty. Therefore, the request does not represent a reasonable use that is otherwise prohibited by the ordinance. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petition's own action or inaction; and Applicants' response: The property's unique site conditions —including the shoreline location, wetlands, and easements —limit alternative placement of both the shed addition and the deck. These constraints create practical difficulties in meeting zoning requirements while still allowing safe and reasonable use of the property. The request is not the result of actions or inactions by the property owners. There are no circumstances unique to the property that has created a hardship. The lot is a standard lakeshore parcel with adequate buildable area for compliant accessory structures outside the shore impact zone. The request results from the applicant's desire for additional space, which is a self-created condition, not a hardship. 5. The variance, if granted, will not alter the essential character of the locality. Applicants' response: The requested variance will not change the essential character of the neighborhood. Nearby lakeshore properties commonly have decks and small water -oriented storage structures. The proposed improvements are modest in scale, consistent with surrounding properties, and will preserve the residential and recreational nature of the lakeshore. Granting the variance would permit a structure nearly twice the size allowed within proximity to the lake, setting a precedent inconsistent with surrounding lakeshore development patterns. Approval would alter the essential character of the locality by introducing a more intensive level of lakeshore development than intended by ordinance. Findings Staff find that the requested variance does not meet the required criteria for approval. There is no demonstrated hardship or unique property condition that justifies exceeding the allowed size for a water - oriented structure. The property already benefits from a permitted structure that serves the intended purpose and expanding it would conflict with the intent of the ordinance to protect lakeshore character and water quality. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments I. Location Map 2. Staff Site Plan 1 1-25-25 3. Correspondence 4. Board of Adjustments Staff Report 10-28-2025 Page 299 of 447 J 14V i ,f µ :75-00506-0210 i -Im r 75"ll�7JV-Ltd 0 3y8 ' ` ■ 75.00511 r �' lirlf --_ - r -0235 75- '5 0059 0 im 131 15 : _ 75-00130� 41 P T5�QU1 i9 3325 1 Ip i !v M Project Location Map Benja=* 1-1 PO�T thress nql it e Case No: V 2- 1 Page 300 of 447 Existing Water —Oriented Accessory Structure %Oft x 10ft Z\--- Existing Deck Replacement k6ft x 20ft Staff Site Plan 11-25-25 Approximate location of proposed 10'x17' addition 22ft Lake Orono Page301 of447 City of Elk River Definition - Water -oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. Staffs interpretation is the deck is detached from the house. Purpose of This Submission This memo is being submitted prior to the continued hearing scheduled for November 25, 2025 in order to: 1. Correct the square -footage calculation currently reflected in staff interpretation of the variance request; 2. Provide the legal basis for excluding the deck from the water -oriented structure square - foot limit under applicable ordinance and Minnesota law; 3. Request that staff update the staff report, or provide written clarification, prior to the continued hearing so that the Board is evaluating the correct variance scope; and 4. Preserve the public record, given the statutory limitations on variance denial and the appeal rights afforded under Minn. Stat. § 394.27. This memo is not intended to replace oral testimony, but to ensure accuracy and transparency in advance of the continued public hearing. II. Correction to Variance Square -Footage Calculation The current staff position frames the request as 780 sq. ft. (100 existing + 360 proposed structure + 320 deck). (see city definition) That calculation is not supported by ordinance language and materially misstates the variance request. Actual enclosed structure square footage: • Existing enclosed storage structure - 100 sq. ft. • Proposed enclosed storage expansion - 360 sq. ft. • Total enclosed structure - 460 sq. ft. (regulated) Deck square footage: • Elevated replacement deck - 320 sq. ft. (not enclosed, not used for storage) • Ground impact = 2.73 sq. ft. (13 posts) Actual variance requested: Allowed = 400 sq. ft. Proposed = 460 sq. ft. Variance requested = +60 sq. ft. Page 302 of 447 III. Applicable Law- Minn. Stat. § 394.27, Subd. 7 (Practical Difficulties Standard) This is citing the County statute for variances. Minnesota law requires that variance decisions be based on the three-part "practical difficulties" test. The statute does not authorize denial based on an internal staff interpretation (see city definition) that expands the scope of the request beyond what is legally regulated. The statutory test Minn. Stat. 462.357, subd. 6 requires: 1. A reasonable use of property not permitted by ordinance; § 462.357 states.,the,orooerty owner,or000ses to use the property in a reasonable manner not,oermitted by the zoning ordinance. 2. Circumstances unique to the parcel; § 462.357 states: the plight of the landowneris due to circumstances unique to the property not created by the landowner. There are no circumstances unique to the property that created a hardship to allow for an increase of personal storage, regardless if it is 60 or 380 square feet over. The desire for additional storage is not a hardship but a plight the property owner created. The property is a standard lakeshore parcel with adequate buildable area for a code compliant water - oriented structure. 3. No alteration of essential character of locality. § 462.357 states: the variance, ifgranted, will not alter the essential character of the locality. Additional information in § 462.357, Subd. 6 1. is in harmony with the general,ouroose and intent of the ordinance, and 2. is consistent with the city of Elk River comprehensive plan. The intent is to provide storage (400 sq.ft.) near the water, and as also noted in the Planning Commission memo, to preserve the natural character of the shoreline, protect water quality, and maintain consistency among lakeshore properties. This analysis applies only to the portion of the project actually regulated — the enclosed storage area. It does not permit a city to artificially inflate the size of a variance request by including elements that are not regulated by ordinance. Staff are classifying the deck as a water -oriented structure, as defined. Based on information staff have available, the deck under construction is within a large wetland complex that would not allow a traditional deck at all. IV. DNR Shoreland Variance Guidance - Deck Classification The Minnesota DNR Shoreland Management Variance Guidance (2021) distinguishes between enclosed or roofed accessory structures and open platforms, walkways, and decks. Only the former are counted toward structure square footage. The deck portion of this project is an unenclosed elevated platform and therefore does not fall within the regulated definition. It is detached deck/water-oriented structure (see city Page 303 of 447 definition) and within a large wetland complex that would not allow a "traditional deck". A municipality can be more restrictive. V. Comparison to Minnesota Municipal Practice Multiple Minnesota cities with similar ordinance language interpret decks separately from water -oriented accessory structures: • City of Orono - Water -oriented accessory structure defined as "a small storage structure used for recreational equipment." Decks regulated separately. • City of Scandia - Decks permitted in shoreland district but excluded from 400 sq. ft. structure limit unless enclosed. • City of El k River - Water -oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. . Staffs interpretation is the deck is detached from the house. VI. Deck Permitting Is Not Part of Variance Review If the City determines that the deck requires a separate floodplain, shoreline, or building permit, that process will be completed. Decks require a Building Permit, the current water - oriented accessory structure is being built without a permit. However, Minnesota variance law does not allow denial based on a permitting process that occurs outside the variance standard. Accordingly: • The Board may approve or deny the variance now; • Staff may still require deck permitting later; The city requires a permit for decks and water - oriented structures • The two are legally separate actions. Based on the city definition, the enclosed structure and the deck are one unit and part of one action. VII. Request for Staff Action Before November 25 Hearing To prevent confusion at the hearing and ensure the Board is acting on a legally valid record, we respectfully request: 1. That the staff report be updated to reflect the correct variance request of 460 sq. ft., not 780 sq. ft.; OR 2. That written explanation be provided specifying the ordinance language that requires a deck to be included in water -oriented structure square footage. See water -oriented accessory structure or facility definition. If staff maintains the position that the deck must be included, we respectfully request that Page 304 of 447 the justification be provided in writing so it can be reviewed by the Board, City Council (if appealed), or a reviewing court. See water -oriented accessory structure or facility definition. Vill. Record Preservation Because variance denials must be supported by legally valid findings, and because Minnesota courts routinely reverse denials based on misapplied standards, this memo is being entered into the record to preserve our right to appeal if necessary. IX. Conclusion We respectfully request that staff update the variance calculation before the November 25 hearing so that the Board votes on the actual variance being requested (+60 sq. ft. enclosed storage). We welcome further clarification or discussion prior to the hearing. Sincerely, Benjamin &Andrea Poythress Applicants - Case V 25-18 Page 305 of 447 Request for Action City of Elk River To Board of Adjustments Meeting Date October 28, 2025 Item Description Variance: Structure Size Variance, Benjamin Poythress - 13640 Island View Dr NW Item Number 5.2 Prepared By Chris Leeseberg, Senior Planner Reviewed by Zack Carlton Action Requested Deny, by motion, the variance proposal to exceed the permitted size of a water -oriented storage structure, as the following standards have not been met: 1. Allowing a structure nearly twice the size of what is permitted within the shore impact zone does not meet the general purpose and intent of the ordinance. 2. The property has a land use guidance for residential, and the proposed single-family residential use is consistent with the Comprehensive Plan. 3. The proposed use is not reasonable as the property already contains a permitted 100 SF. water - oriented structure that serves the intended purpose of storing lake -related equipment. 4. There are no circumstances unique to the property that create hardship. The request results from the applicant's desire for additional space, which is a self-created condition, not a property hardship. 5. Granting the variance would permit a structure nearly twice the size allowed within proximity to the lake that could alter the essential character. Background/Discussion The applicant is requesting a variance to exceed the allowed square footage (400 SF) for a water -oriented structure by adding a 12' x 30' addition to the existing 10' x 10' storage shed as well as constructing a new deck attached to the storage structure. The existing structure and the proposed additions are near the Ordinary High -Water Level (OHWL). The proposal proposes a total of 780 SF of water -oriented structures, exceeding the 400 SF permitted by ordinance. • 100 SF. Existing Building (10' x 1 0') • 360 SF. Proposed Building (12' x 30') • 320 SF. "Proposed" Deck (currently under construction) . 780 SF. Total (400 allowed) The applicant would like to replace an existing deteriorated deck with a larger, code -compliant structure of 320 SF, approximately 22 feet from the OHWL. The applicant has already begun construction of the The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 Bd engagement that encourages and inspires prosperity i in 447 replacement deck but has since stopped. Applicable Regulations Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and Applicants' response: This request is in harmony with the intent of the ordinance because it allows us to safely and responsibly improve existing lakeshore amenities without creating environmental impacts. The variance supports the continued use of a modest storage structure for water -oriented items (kayaks, oars, lifejackets, etc.) and the replacement of a deteriorating deck with a safe structure. Neither project contributes to erosion, runoff, or shoreline degradation. The intent of the lakeshore setback and accessory structure standards are to preserve the natural character of the shoreline, protect water quality, and maintain consistency among lakeshore properties. Allowing a structure nearly twice the size of what is permitted within the shore impact zone would conflict with these goals. The variance is therefore not in harmony with the purpose and intent of the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. Applicants' response: The request is consistent with the City's Comprehensive Plan by preserving the residential and recreational character of the lakeshore. The addition to the small storage shed ensures adequate space for water - oriented equipment, while the rebuilt deck provides safe access and enjoyment of the property. Both improvements update pre-existing structures and are compatible with the development pattern of surrounding lakeshore homes. While the property has a land use guidance of residential, and the proposed single-family residential use is consistent with the Comprehensive Plan, the plan also emphasizes protecting natural resources, especially along lakes and wetlands, by enforcing setbacks and size limitations for structures near the water. Expanding the existing water -oriented structure beyond ordinance limits is not consistent with these objectives. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Applicants' response: The proposed improvements are reasonable uses of a lakeshore property. Expanding the existing shed provides adequate space to safely store water -oriented equipment, preventing shoreline clutter. Replacing the deteriorating deck ensures safe enjoyment of the property while aligning with typical residential lakeshore uses. The property already contains a permitted 100 sq.ft. water -oriented structure that serves the intended purpose of storing lake -related equipment. The applicant also has sufficient space elsewhere on the property to construct additional storage structures that meet ordinance requirements. The desire for additional convenience or larger storage capacity does not constitute a practical difficulty. Therefore, the request does not represent a reasonable use that is otherwise prohibited by the ordinance. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petition's own action or inaction; and Page 307 of 447 Applicants' response: The property's unique site conditions —including the shoreline location, wetlands, and easements —limit alternative placement of both the shed addition and the deck. These constraints create practical difficulties in meeting zoning requirements while still allowing safe and reasonable use of the property. The request is not the result of actions or inactions by the property owners. There are no circumstances unique to the property that has created a hardship. The lot is a standard lakeshore parcel with adequate buildable area for compliant accessory structures outside the shore impact zone. The request results from the applicant's desire for additional space, which is a self-created condition, not a hardship. 5. The variance, if granted, will not alter the essential character of the locality. Applicants' response: The requested variance will not change the essential character of the neighborhood. Nearby lakeshore properties commonly have decks and small water -oriented storage structures. The proposed improvements are modest in scale, consistent with surrounding properties, and will preserve the residential and recreational nature of the lakeshore. Granting the variance would permit a structure nearly twice the size allowed within proximity to the lake, setting a precedent inconsistent with surrounding lakeshore development patterns. Approval would alter the essential character of the locality by introducing a more intensive level of lakeshore development than intended by ordinance. Findings Staff find that the requested variance does not meet the required criteria for approval. There is no demonstrated hardship or unique property condition that justifies exceeding the allowed size for a water - oriented structure. The property already benefits from a permitted structure that serves the intended purpose and expanding it would conflict with the intent of the ordinance to protect lakeshore character and water quality. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments I. Location Map 2. Applicant's Narrative 3. Site Plan 4. Aerial View Page 308 of 447 J 14V i ,f µ :75-00506-0210 i -Im r 75"ll�7JV-Ltd 0 3y8 ' ` ■ 75.00511 r �' lirlf --_ - r -0235 75- '5 0059 0 im 131 15 : _ 75-00130� 41 P T5�QU1 i9 3325 1 Ip i !v M Project Location Map Benja=* 1-1 PO�T thress nql it e Case No: V 2- 1 Page 309 of 447 Legal Description of Property ISLAND VIEW FIFTH ADDITION LOT 2, BLK 3 The narrative is your opportunity to describe, promote, and sell your proposal to the Board of Adjustment and City Council (if needed) and should explain your request in detail and how the five criteria are met in order to be granted a variance. We are requesting a variance to add onto an existing 10'x10' (100sf) storage shed used for water -oriented equipment such as kayaks, oars, and lifejackets, and to rebuild a deteriorating deck. We are proposing an additional 12'x30' addition to the existing storage shed which puts the total square feet at 460sf and is 60sf over the 400sf that is allowed. This addition is beyond the OHWL at 22' and does not encroach the 45' Wetland Setback. This addition also adheres to the City of Elk River's Zoning Setbacks for Accessory Structures and keeps the total square feet of attached/detached sf at 1,360 which below the 2,500sf that is allowed for our 2.53 acre property. Adding onto the existing structure also keeps us at only one accessory structure. The existing deck was not constructed to current codes and had become a safety concern due to its age and condition. The proposed replacement deck is larger than the previous one but is designed to be safe, code -compliant, and consistent with the character of surrounding lakeshore properties. The deck will also be beyond the OHWL setback at 22' and will be 320sf when completed. A variance maybe granted by the board only if it finds that: The variance is in harmony with the This request is in harmony with the intent general purpose and intent of the of the ordinance because it allows us to ordinance safely and responsibly improve existing lakeshore amenities without creating environmental impacts. The variance supports the continued use of a modest storage structure for water -oriented items (kayaks, oars, lifejackets, etc.) and the replacement of a deteriorating deck with a safe structure. Neither project contributes to erosion, runoff, or shoreline degradation. The variance is consistent with the City of The request is consistent with the City's Elk River Comprehensive Plan (discuss with Comprehensive Plan by preserving the city staff if needed) residential and recreational character of Page 310 of 447 the lakeshore. The addition to the small storage shed ensures adequate space for water -oriented equipment, while the rebuilt deck provides safe access and enjoyment of the property. Both improvements update pre-existing structures and are compatible with the development pattern of surrounding lakeshore homes. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: The petitioner proposes to use the The proposed improvements are property in a reasonable manner not reasonable uses of a lakeshore property. permitted by the zoning ordinance Expanding the existing shed provides adequate space to safely store water - oriented equipment, preventing shoreline clutter. Replacing the deteriorating deck ensures safe enjoyment of the property while aligning with typical residential lakeshore uses. The plight of the petitioner is due to The property's unique site conditions — circumstances unique to the property not a including the shoreline location, wetlands, consequence of the petition's own action and easements —limit alternative or inaction; and placement of both the shed addition and the deck. These constraints create practical difficulties in meeting zoning requirements while still allowing safe and reasonable use of the property. The request is not the result of actions or inactions by the property owners. The variance, if granted, will not alter the The requested variance will not change the essential character of the locality essential character of the neighborhood. Nearby lakeshore properties commonly have decks and small water -oriented storage structures. The proposed improvements are modest in scale, consistent with surrounding properties, and will preserve the residential and recreational nature of the lakeshore. Page 311 of 447 75 00638 0310 320sf of De min'mis outside of setbacks and verified by the City of EI Existing Water —Oriented River. Accessory Structure Oft x 1Oft Proposed Water Oriented Accessory Structur 12ft x 30ft 75-00130-4415 L7 �I \/ ' 2 2 f t Existing Deck Replacement q 6f t x 20ft / Lake Orono I hereby cartlfy Shot thi. plan, apadflcation or report ww prepared by me or under my direct supervision and that 1 am a duly Licensed Architect under the taws of the State of Minnesota. ARCHITECT/SEAL PROJECT TITLE PDVTHRESS RESIDENCE 136401.1sM view Dr. Elk RNer, MN 55330 klA - rol w' •� i Ap •.• / 'olt. Ils WOR NW 1 � r / ` , Page 31.3 7 �W4)m CbM%%=W zx S\ZE o►F Aekob Here are several examples of what the properties took like from the lake: Structures extremely close to the lake: Page 314 of 447 ��i �y � .wqi :. = •� Yo- Variance Request — Case V 25-18 Benjamin & Andrea Poythress 13640 Island View Drive NW Elk River, MN 55330 October 28, 2025 Board of Adjustment City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: Variance Request — Expansion of Water -Oriented Structure and Deck Replacement Dear Chair and Members of the Board, Thank you for the opportunity to present our variance request. We respect the City's review process and appreciate staff's careful consideration of our application. As long- time residents of Elk River, we are committed to maintaining our property in a way that protects Lake Orono's environment and character. We would like to provide clarification and additional information that demonstrates why our request is consistent with the purpose and intent of Elk River's ordinances, addresses practical difficulties unique to our property, and preserves the character of Lake Orono. Project Description We are requesting a variance to: 1. Expand our existing 10'x10' (100 sq. ft.) water -oriented storage structure by an additional 12'x30' (360 sq. ft.) to safely store kayaks, canoes, oars, lifejackets, lily -pad, and related equipment. 2. Rebuild and enlarge our deteriorating deck (320 sq. ft.) that was unsafe and not constructed to current code. The replacement deck will cover the footprint of an existing patio and be elevated approximately 8 feet, with only 13 posts (2.73 sq. ft. ground impact). Responses to Staff Concerns Page 316 of 447 1. Purpose and Intent of Water -Oriented Structures • Staff calculated our proposal as 780 SF, "nearly double" the 400 SF allowance. We respectfully clarify: the shed addition totals 460 SF, only +60 SF over allowed. The deck is a replacement, not a water -oriented structure, and should not be included in the calculation. • Our impervious coverage remains well below thresholds, and Lake Orono is dam -controlled and regulated, minimizing runoff risk. A berm lies between the structure and shoreline, providing natural screening. In addition, our bay is shallow, secluded, and unused for recreation, meaning the structure has virtually no public visibility. Enclosing equipment reduces shoreline clutter, further supporting the ordinance's intent to minimize impact. 2. Comprehensive Plan The Plan emphasizes protecting resources and preserving residential use. Our project consolidates storage, improving shoreline appearance and limiting clutter. • The structure is 125 feet from the shoreline, farther than many other existing or permitted structures. • The project supports recreational residential use and aligns with the character envisioned in the Plan. 3. Reasonable Use • A 100 SF shed is not reasonable for a family of five with multiple kayaks and lake -use equipment. • Staff suggested other compliant areas exist, but wetlands and a city -held stormwater easement/retention pond eliminate those options. DNR representative James Bedell and City staff member Joseph Hale confirmed during their site visit that this is the only feasible location. 4. Hardship and Unique Circumstances Staff identified the hardship as "self-created." We respectfully disagree. • Our hardship stems from protected wetlands and a city -held stormwater easement, which restricts usable land. We pay taxes on this land but cannot use it. This constraint is unique to our lot and not a result of our actions. Page 317 of 447 • These limitations make this variance the only option for locating reasonable storage. 5. Character of the Locality Staff expressed concern over precedent. In reality, many homes already have structures at or near the shoreline. • A new home was permitted within the past two years only 20-35 feet from the shoreline. This home is significantly larger than neighbors, demonstrating approval of much greater visual impacts. • By contrast, our structure is 125 feet back, screened by a berm, in a secluded bay. • Our immediate neighbors, Christian and Briana Schwamberger, who are most impacted, provided a letter of support confirming no visual or privacy concerns. Additional Considerations Lake Orono already includes a wide variety of shoreline structures; our request is modest in scale compared to precedent. We consulted with the City Planner for the City of Rogers, who indicated no concerns from a planning perspective. While not affiliated with Elk River, his professional opinion reinforces that our proposal is reasonable. We also spoke with neighbors and members of the Orono Lake Improvement District; none expressed concerns. Conclusion We are not asking for anything excessive or out of character for Lake Orono. Our request is modest compared to many structures already approved and located closer to the shoreline. What we seek is simply the ability to reasonably and safely enjoy our property, within the spirit of the City's ordinances, despite the unique constraints we face from wetlands and a city stormwater easement. Approval of this variance is the only way for us to equitably use our property while maintaining safe, code -compliant improvements. We respectfully ask the Board to recognize this hardship and grant our request so that we may continue to be responsible stewards of our property and the Lake Orono community. Sincerely, Page 318 of 447 Benjamin & Andrea Poythress 13640 Island View Drive NW Page 319 of 447 Christian & Briana Schwamberger 13696 Island View Dr NW Elk River, MN 55330 October 26, 2025 To Whom It May Concern: We are writing as the adjoining property owners at 13696 Island View Dr NW, Lot 1, Block 3, Island View Fifth Addition, Sherburne County, Minnesota, regarding the variance request submitted by our neighbors, Benjamin and Andrea Poythress. Their request involves the proposed extension of an existing backyard structure as well as an addition or modification to their boat deck. After reviewing the nature of the proposed improvements and considering their proximity to our shared property line, we would like to state that we have no objections or concerns with the proposed variances. From our perspective as adjacent homeowners,, the planned extensions: Do not encroach on or negatively impact our property line or privacy. Will not block or obstruct any view from our property or from other neighboring homes. Will not create any access or aesthetic issues from our side of the property. Based on these considerations, we fully support the approval of the Poythress's variance request and have no concerns from a neighboring property standpoint. Thank you for your time and consideration. Respectfully, Christian & Briana Schwamberger 13696 Island View Dr NW Lot 1, Block 3, Island View Fifth Addition Sherburne County, Minnesota 55330 Christian Schwamberger Date: 10/26 f 2 5 Briana Schwamberger Date: !0/26/25 Page 320 of 447 duR PRaPE930FA 41 ev-%S-Tm(q SNEo structures on lake properties. i, h Page 321 of 447 Chris, See attached letters of support from our neighbors and a revised site plan. On Tue, Nov 25, 2025 at 10:38 AM Chris Leeseberg <CLeesebergUelkrivermn.gov> wrote: Andrea and Ben, Yes, please forward us anything you want me to send to the Board ahead of time and I will include it with this information you just shared. We will also provide hard copies to the Board. Thankyou Chris Leeseberg City of Elk River - Senior Planner 13065 Orono Parkway, Elk River, MN 55330 763.635.1033 ElkRiverMN.gov From: Benjamin Poythress <poybenpC@gmail.com> Sent: Tuesday, November 25, 2025 10:33 AM To: Chris Leeseberg <CLeeseberg@ElkRiverMN.gov> Cc: Katie Porath <kporath@ElkRiverMN.gov>; Andrea Poythress <dreaelise1414co�gmail.com> Subject: Re: Board of Adjustments Staff Report and Agenda - City of Elk River Hi Chris, Page 322 of 447 Thank you for reaching out before tonight's meeting. Based on the Board's feedback and the discussion at the October 28 hearing, we have prepared additional information and have revised our proposal in a way that we hope will directly address the concerns raised. 1. Revised Shed Plan We have significantly reduced the size of the proposed shed addition from 360 sq ft down to 170 sq ft, attached to the existing 100 sq ft shed (total enclosed storage now 270 sq ft). This reduction was made specifically in response to the Board's request that we bring the total project size materially closer to the 400 sq ft standard. 2. Deck (Replacement) We are keeping the deck as previously proposed. It replaces an unsafe, deteriorating structure and remains within the existing patio footprint, with minimal ground impact (posts only). This maintains the intent of improving safety without expanding ground disturbance. 3. Updated Total Square Footage Using the City's interpretation that the deck must be included in the total water -oriented structure calculation, the project now totals 590 sq ft, a significant reduction from the earlier calculation —bringing it much closer to the ordinance intent while still allowing functional use. 4. Neighbor Support We have collected several letters of support from nearby and adjacent property owners, including the neighbors most affected by visibility. We are happy to email these for inclusion in the packet or bring printed copies tonight — whichever you prefer. 5. Updated Visuals (if needed) We can also provide updated drawings reflecting the reduced shed size prior to the meeting or present printed copies tonight. Please let us know if you would like these documents emailed before the meeting or provided in person. We appreciate the opportunity to present the revised plan and look forward to tonight's discussion. Thank you, Andrea & Ben Poythress 13640 Island View Dr NW On Tue, Nov 25, 2025 at 8:25 AM Chris Leeseberg <CLeeseberga4elkrivermn.gov> wrote: Good morning Ben and Andrea, Page 323 of 447 Do you have any questions regarding the staff report or the meeting tonight? Do you have anything additional you would like the Board to review prior to the meeting? Thankyou Chris Leeseberg City of Elk River - Senior Planner 13065 Orono Parkway, Elk River, MN 55330 763.635.1033 ElkRiverMN.gov Page 324 of 447 75 00638 0310 320sf of De minimis outside of setbacks and verified by the City of ET that this plan, .peaeaanon or report was my River, df�reatteeupsNdon and that I Existing Water Oriented am a duly Umsed Architect under the Um of the State Accessory Structure oflllnneaota. Oft x 10ft Proposed Water Oriented t . Accessory Structur Date f'RQECT n7LE"�"'°"a 10ft x 17ft PDYrNRESS RESIDENCE 5 f t 13640 Island VI- Dc Elk Rl—, MN 55= Existing Deck Replacement Eft x 20ft 75 00130 4415 Lake Orono To the Board of Adjustments, I am writing to offer my full support for the proposed shed addition and deck improvement project submitted by Ben and Andrea Poythress. I am a resident of the lake and am familiar with the location of their project area. Their structure sits more than 100 feet from the shoreline, behind a natural berm, and within heavywoods. It is not visible from the main recreational area of the lake, and the baywhere they live receives almost no traffic due to shallowwater, lily pads, and aquatic vegetation. The Poythress family has made significant efforts to workwith the city and the board's feedback. They redesigned their project, reducing the shed addition to 270 sq ft—well below the allowed 400 sq ft threshold. The remainder of the square footage comes from replacing and modestly expanding an existing deck, which will not be used as a storage structure and has no environmental impact. Their request is reasonable, measured, and respectful of both ordinance intent and the natural character of the shoreline. I believe approving this variance would not set any negative precedent and poses no harm to neighboring properties or the lake environment. For these reasons, I strongly support their variance request. Sincerely, Brian Gifford 13162 Islandview Dr NW, Elk River Page 326 of 447 Jesse & Sarah Hartung 18837 Ogden ST NW Elk River, MN 55330 November 25th, 2025 To Whom It May Concern: Sarah and I have reviewed the proposed addition of an existing structure on Ben and Andreas property, as well as modifications to their boat deck. Our property is located directly behind the proposed project. After discussing the plans that Ben and Andrea are looking to do within their property, we would like to see the project approved and strongly believe the projects will benefit the property and us as neighbors and fellow lake residents. The project improves the views for those on the lake by maintaining their property and making valuable improvements. Neither project impacts the views of neighbors as the properties are all wooded and large acreage lots. Thank you, Jesse & Sarah Hartung Page 327 of 447 I am writing as a resident on Upper Lake Orono to express my support for the variance request submitted by Ben and Andrea Poythress regarding their proposed shed addition/deck replacement. We are very familiar with their property and the location of the existing structure. The area where the project is planned sits set back in the woods, a good distance from the shoreline. From the lake, the current structure is already not really visible, and the proposed improvements will not meaningfully change the view for any lake users or neighbors — including our household. I also support their effort because the environmental impact is minimal to none, especially given the distance from the shoreline and the fact that this portion of the lake (the northwest bay) is extremely shallow, non -recreational, and not frequently traveled. They have already been responsive to the Board's previous requests, by reducing the shed addition. From a neighbor's perspective, this request is reasonable, thoughtful, and aligned with the character of the area. I do not believe it sets an inappropriate precedent, nor does it undermine the intent of the code. Instead, it allows a homeowner to maintain and improve their property in a way that is safe, aesthetically consistent, and respectful to the lake environment. I hope the Board will approve their variance request, and I appreciate your consideration. Sincerely, Kendra Kruger Resident — Upper Lake Orono Page 328 of 447 To the City of Elk River Board of Adjustment, I'm writing in support of Benjamin and Andrea Poythress and their request regarding the improvements to their water -oriented structure. I live across the lake, and I'd like to offer a simple perspective from someone who actually sees (or in this case, won't see) the project in question. Their property sits in a section of the lake that isn't exactly a high -traffic, postcard backdrop. It's tucked into a quiet, shallow bay that most people avoid unless they enjoy lily pads and aquatic vegetation rearranging their boat props. In other words, anything they build back there is going to be visible to about three people —and I'm one of them. And even I won't be able to see it. I have no concerns whatsoever about the shed addition or the deck expansion. It won't be an eyesore, it won't affect lake aesthetics, and it won't impact shoreline use or enjoyment for anyone else. They're improving their property, replacing older structures, and adding value —not only to their home, but indirectly to the surrounding properties as well. They're good people, responsible neighbors, and diligent stewards of their land. They pay their taxes, follow the rules, and aren't exactly running a shipyard or building a hotel down there. I understand and appreciate the Board's responsibility to protect the lake and uphold the ordinance. That work matters, and the consistency you bring to these decisions preserves the standards we all enjoy. At the same time, it seems reasonable to evaluate this project within the spirit and intent of the code, not only the strictest possible interpretation of square footage definitions —especially when the deck in question is simply covering an existing cement pad and has no environmental impact. The Poythress request is modest, practical, and —frankly —less intrusive than many lakeside structures that already exist all around the shoreline. I trust their judgment completely, and I fully support the project as they've proposed it. Thank you for your time, for the work you do, and for your thoughtful consideration. Sincerely, Benjamin Larson 18672 Lander Dr NW, Elk River, MN 55330 Page 329 of 447 To Whom May Concern: We are Ben and Andrea's direct next door neighbors (on the east side). This letter is to state that we have no concerns of their plan to build a ground -level storage shed and deck on their property. Sincerely, Todd and Tricia Louden 13610 Island View Dr NW Elk River, MN 55330 Page 330 of 447 Christian & Briana Schwamberger 13696 Island View Dr NW Elk River, MN 55330 October 26, 2025 To Whom It May Concern: We are writing as the adjoining property owners at 13696 Island View Dr NW, Lot 1, Block 3, Island View Fifth Addition, Sherburne County, Minnesota, regarding the variance request submitted by our neighbors, Benjamin and Andrea Poythress. Their request involves the proposed extension of an existing backyard structure as well as an addition or modification to their boat deck. After reviewing the nature of the proposed improvements and considering their proximity to our shared property line, we would like to state that we have no objections or concerns with the proposed variances. From our perspective as adjacent homeowners, the planned extensions: • Do not encroach on or negatively impact our property line or privacy. • Will not block or obstruct any view from our property or from other neighboring homes. • Will not create any access or aesthetic issues from our side of the property. Based on these considerations, we fully support the approval of the Poythress's variance request and have no concerns from a neighboring property standpoint. Thank you for your time and consideration. Respectfully, Christian & Briana Schwamberger 13696 Island View Dr NW Lot 1, Block 3, Island View Fifth Addition Sherburne County, Minnesota 55330 Christian Schwamberger Date: ! (;12 G/2 5 Briana Schwamberger Date: ! ,""112 (/'2 5 Page 331 of 447 Kyle & Heather Simenson 13558 Island View Dr NW Elk River, MN 55330 October 31 st, 2025 To Whom It May Concern: It has been brought to our attention that Benjamin and Andrea Poythress have proposed an addition of an existing structure on their property, as well as modifications to a boat deck. Our property is located at 13558 Island View Dr. NW in Elk River within Sherburne County, 2 lots away from the proposed project. After discussing the plans and process(es) that Ben and Andrea are looking to do within their property, we want to formally give our approval to this initiative. We feel the plans will not obstruct any view(s) from our property or create any future issues within the lake infrastructure or access. We welcome any further conversation in regards to this matter to further confirm our acceptance Thank you, Kyle & Heather Simenson Kyle Simenson Heather Simenson Date: Date: Page 332 of 447 To Whom It May Concern, We are writing in support of our neighbors, Ben and Andrea Poythress, and their revised variance request for the shed addition and replacement deck at 13640 Island View Drive NW. We have reviewed their plans and have no concerns at all. In fact, we believe the improvements they are proposing will be an asset to their property and to the neighborhood. We frequently spend time in their backyard and around the shared lake area, and we know the location well. Their project is tucked back in a secluded, screened area and will not impact our view, our privacy, or our use of our own property. We trust Ben and Andrea completely to make improvements that are thoughtful, responsible, and visually appropriate for this part of Lake Orono. They take excellent care of their home and yard, and we have full confidence that this project will be done with the same level of care. We fully support their revised proposal and hope the Board will approve their request. Sincerely, Joe & Tanya Walters 13038 Island View Drive NW Page 333 of 447 Item 7.2 Poythress Variance Page 334 of 447 v lav■ 15-00511-0160 1 _ �75 175-00638-0110 R°°r 0% •{ - - RR • I-Y is - cn Iz p 75-00638=0205 1 99 Or 5y 1 75:M163R113n5 II 75'-OOI MM415 t � x � �� ~ +' �'► age 335 of 447 �.. k-v' Background ■ 100 SF. Existing Building (10' x10') ■ 320 SF. "Proposed" Deck (currently under construction) ■ 420 SF. Existing Water -Oriented Structure (400 allowed) ■ 170 SF. Proposed Building (10' x 17') ■ 590 SF. Total Existing and Proposed Page 336 of 447 Background ■ Water -oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. ■ These structures are not limited to storage and include boathouses, gazebos, screen houses, fish houses, and Page 337 of ' 4t ' 1 t -0- 7mJrdkTr/--9x )f �, • 4 � r • i 1 r Page 338 of 447 Existing Water —Oriented Accessory Structure \ XOft x 10ft Existing Deck Replacement Uft x 20ft Staff Site Plan 11-25-25 Approximate location of proposed 10'x17' addition Page 339 Of 447 Background ■ Existing conditions already exceed by 20 SF ■ A viable alternative the Board suggested ■ Utilize the space under the deck for storage Page 340 of 447 Board of Adjustments ■ Reviewed on Nov 25, 2025 ■ Staff informed the BOA ■ No concerns with the location ■ Reiterated that the variance request relates solely to the structure's size ■ Letters of support shared ■ Did not feel that the proposal met the ordinance standards for approval, as requested ■ Small encroachment, 20 sq.ft, was approved Page 341 of Appeal Process ■ Code provides an appeal process ■ Applicant has exercised that option ■ Requesting council to review their request for a 590 sgft structure (190 sgft variance). Page 342 of Appeal Process ■ Staff's concern has been, and continues to be, that there are no plight/circumstances unique to the property that created a hardship to allow for an increase in personal storage ■ The desire for additional storage is not a hardship but a plight the property owner created Page 343 of Action Requested ■ Direct staff to draft a resolution making Findings of Fact, denying the variance to exceed the permitted size of a water -oriented storage structure, as the standards for approval are not met ■ The council will consider the resolution on January 20, 2026 Page 344 of v lav■ 15-00511-0160 1 _ �75 175-00638-0110 R°°r 0% •{ - - RR • I-Y is - cn Iz p 75-00638=0205 1 99 Or 5y 1 75:M163R113n5 II 75'-OOI MM415 t � x � �� ~ +' �'► age 345 of 447 �.. k-v' ' 4t ' 1 t -0- 7mJrdkTr/--9x )f �, • 4 � r • i 1 r Page 346 of 447 Existing Water —Oriented Accessory Structure \ XOft x 10ft Existing Deck Replacement Uft x 20ft Staff Site Plan 11-25-25 Approximate location of proposed 10'x17' addition Page 347 Of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Number 7.3 Prepared By Zack Carlton, Community Development Director Item Description Reviewed by Variance: Parking and Wetland Setback to Support Chris Leeseberg Development of an Apartment Building, Pat Briggs - Cal Portner 17379 Twin Lakes Rd NW Tina Allard Action Requested Direct staff to draft a resolution making Findings of Fact, denying two variances, one requesting a reduction in the number of parking stalls required for an apartment building, and second, a six-foot encroachment into the wetland buffer setback, as the following standard required for approval of a variance has not been met: 4. The plight of the petitioner is due to circumstances unique to the property and is a consequence of the petitioner's own action. The City Council would consider the resolution on January 20, 2026. Background/Discussion The applicant, Patrick Briggs, is proposing the construction of a 59-unit multifamily apartment building at 17379 Twin Lakes Parkway. The property is 5.79 acres in size and includes one single-family home on the north side of the parcel. The current variance request supports the planned apartment building, but the application does not authorize construction. A separate administrative site plan review application is required. Proposed variances include reducing the required number of stalls from the ordinance standard of 2.5 stalls/unit to 2.13 stalls and a six-foot encroachment in the wetland buffer setback. These types of parking requests have become common throughout the community, and a similar request was approved for the apartment building immediately north of the subject site. The proposed encroachment into the buffer/setback impacts six feet of the required 45-foot buffer and setback. The ordinance prohibits structures and impervious surfaces in this area, but maintained vegetation (turf) is allowed. The proposed building would be 39 feet from the wetland at the closest point, with a smaller encroachment of three feet (42 feet from the delineated wetland) for approximately 50 feet. Civil plans include filling an existing wetland to accommodate the stormwater pond to treat the new impervious surfaces. This impact is not part of the variance request. Public Hearing The Board of Adjustments held a public hearing on November 25, 2025. Two residents, the neighbors to the east who also use the access easement through the parcel, spoke in opposition to the variance. They had The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T engagement that encourages and inspires prosperity i in 447 concerns that reducing the number of parking stalls would create a situation that encourages people to park in their driveways or on their properties. They also shared concerns with the apartment building north of their home, Clear Sky, and stated that there is a lot of garbage from tenants left out. They also stated that adding up to 120 new residents on the parcel would create a traffic hazard along Twin Lakes Road. The Board of Adjustments reviewed the standards required for approval of a variance and focused on the criteria number four, requiring the variance to be unique to the property and not a result of the applicant's actions or preferences. The Board stated that the developer could build a smaller building and meet the ordinance without either variance. They unanimously denied the variance requests as criteria number four is not met. Financial Impact None Mission/Policy/Goal Responsibly grow\ Attachments 1. Board of Adjustments Memo dated November 25, 2025 2. 7.3 Briggs Handout from Brigss Page 349 of 447 Request for Action City of Elk River To Board of Adjustments Meeting Date November 25, 2025 Item Number 5.2 Prepared By Zack Carlton, Community Development Director Item Description Reviewed by Variance: Parking and Wetland Setbacks in Support Chris Leeseberg of an Apartment Building, Pat Briggs - 17379 Twin Lakes Rd NW Action Requested Approve the variance request from Patrick Briggs for a parking variance, reducing the required stalls from 2.5/unit to the proposed 2.13/unit, and for a wetland buffer/setback variance for an encroachment of up to 6- feet into the wetland buffer setback, as the following standards have been met: The general purpose and intent of the ordinance are met. 2. The property is guided for mixed -residential use, and the proposed 59-unit multifamily residential use is consistent with the Comprehensive Plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petitioner's own action or inaction. 5. The variance will not alter the essential character of the locality. and, subject to the following conditions. I . The applicant must provide a proof -of -parking exhibit demonstrating that the site can support 2.5 stalls/unit if required. 2. All areas within the 20-foot wetland buffer setback must be vegetated and no additional impervious surfaces will be permitted. 3. The proposed wetland fill/impact must receive approval of a wetland replacement plan prior to issuance of a building permit. 4. The property will need to be platted into two lots prior to the issuance of building permits. One lot for the existing home and one lot for the proposed apartment. 5. The applicant must prepare and record an ingress/egress easement to preserve access for the two single-family homes east of the subject site which currently access their properties through the subject site. 6. The applicant must also prepare and record a utility easement to allow the extension of utilities from Twin Lakes Road right-of-way to the existing homes to the east. The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exc ptional service, and community p p W E H E 0 B JNMURd447engagement that encourages and inspires prosperity Background/Discussion The applicant, Patrick Briggs, is proposing construction of a 59-unit multi -family apartment building at 17379 Twin Lakes Parkway. The property is currently 5.79 acres in size and includes one single-family home on the north side of the parcel. The current variance request supports the planned apartment building, but this application does not authorize construction of the building. A separate administrative site plan review application is required. Proposed variances include a reduced parking requirement — reducing the required number of stalls from the ordinance standard of 2.5 stalls/unit to 2.13 stalls. This type of parking request has become common throughout the community, and a similar request was approved for the apartment building immediately north of the subject site. The proposed apartment building includes 53 studio units and 6 one -bedroom units. It is expected that this unit style will reduce the parking demand below the 2.5 stalls/unit required within the ordinance and is consistent with recent variances throughout the community. Staff included a typical requirement of an exhibit demonstrating proof -of -parking to show that the full parking requirement can be met if parking becomes a concern in the future. The existing wetland on the property has been reviewed by the city's environmental staff. The proposed encroachment into the buffer/setback impacts 6 feet of the required 45-foot buffer and setback. Ordinance prohibits structures and impervious surfaces in this area, but maintained vegetation (turf) is allowed. The proposed building would be 39 feet from the delineated wetland and a small corner of the structure with a smaller encroachment of 3-feet (42-feet from delineated wetland) for approximately 50 feet. Civil plans include filling an existing wetland to accommodate the stormwater pond to treat the new impervious surfaces. This impact is not part of the variance request and must be approved separately through a wetland replacement plan. Applicable Regulations The variance standards are outlined below. The applicant's responses are noted in italics. A variance may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The zoning and Comprehensive plan are in alignment with owners use. The parking variance has become a relatively common request either through a Planned Unit Development or with a variance. The city's experience with a parking variance of greater than 2 stalls/unit has generally not resulted in too few parking stalls to serve the buildings. The included condition of a proof of parking exhibit must show that additional parking can be constructed if parking becomes an issue in the future. The wetland buffer setback has also become common, and with the condition that no additional impervious surfaces be placed within the buffer setback, the impact is supported by staff. The variances are generally in harmony with the purpose and intent of the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. The zoning and Comprehensive plan are in alignment with owners use. The Comprehensive Plan guides the property for mixed -residential uses, up to and including small-scale Page 351 of 447 apartment buildings. The building immediately north of the subject site includes 52 units (constructed in 2023) and carries the same land use classification. The Comprehensive Plan generally supports the proposed use of a 59-unit apartment building. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The parking request is in alignment with the general purpose of parking client vehicles on site with an established history of parking within city limits. The owner is in alignment with the general purpose of managing the stormwater runoff rate equal to or less than existing conditions post development. All impervious surfaces will be drained to an infiltration basin on site. The proposed parking deviation of greater than 2 stalls/unit has proven to be a reasonable use not otherwise permitted in the ordinance. The civil plans demonstrate that the impervious encroachment into the wetland setback includes the roof of the building, which will direct runoff to the stormwater pond and not directly to the adjacent wetland. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petition's own action or inaction; and Due to the uniqueness of on easement serving two additional parcels, we are limited to the practicality of space on said site. Due to the uniqueness of on easement serving two additional parcels, we are limited to the practicality of moving the basin to the north. The building is an L-shaped building. The 90-degree angle on the inside corner would be impractical to construct at a 65-degree angle. We also considered removing the sidewalk between the building and parking lot. However, it is much more practical and safer to have dedicated space for pedestrian traffic to and from their vehicles in the parking lot and the structure on the southwest corner of apartment homes. The applicant states that the practical difficulties lie in preserving free and clear access for the parcels to the east — both of which currently access their properties through the site. One of the homes was constructed in 1972 and the other in 1978, neither directly abut a public street and do not have any other means of access to their properties. The access easement connection noted by the applicant must be maintained in the same location as it is today. 5. The variance, if granted, will not alter the essential character of the locality. We are not altering the character of the site. We are not altering the character of the zoning of the site. The proposed apartment building is similar in size and scale to the parcels immediately north and south of the subject site. All of these facilities are located along Twin Lakes Road and will not alter the essential character of the locality. Page 352 of 447 If the Board of Adjustments denies the request, or an appeal is made by any interested party by December 5, 2025, the variance will be reviewed by the City Council on Monday, December 15, at 6:00 p.m. Financial Impact Mission/Policy/Goal Explain how this meets the city's mission, current policies and/or council goals Attachments I. Location Map 2. Preliminary Civil Plans 3. Elk River Concept Page 353 of 447 75-000 43 0 + ' -00042 3050 mi s w 75r0 D00�-f� Rr� . nw 75-Q4 01 • k-J z ' Pr Location Map � Bj:l(--Fas 'I'D tit�c. r Case o: V 51 Page 354 of 447 BRIGGS ELK RIVER PLAT PAT BRIGGS 17379 TWIN LAKES ROAD NW CITY OF ELK RIVER, SHERBURNE COUNTY, MN OCTOBER 2025 PRELIMINARY PLANS CIVIL & SURVEY PLANS PREPARED BY: AVBogart, Pederson &Associates, Inc. 7mktta.111a0.m SHERBURNE COUNTY, MINNESOTA VICINITY MAP Civil Plans Sheet Number Sheet Title Cmer C1 Demolition Plan C2 Site Plan C3 Grading Plan C4 Utility Plan C5 Erosion Control Plan C6 SWPPP Narrative C7 Details C8 Details C9 Details C10 Details C11 Details C12 Landscape Plan C13 Fire Protection Plan Page 355 of 447 LEGEND: DEMOLITION GENERAL NOTES: 7L- 1� F- - - - - - - - - - -- - - — - - - - - - - - - - - - - - - - - - - - - — -- — -- — -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - z, GOPHER STATE ONE CALL Page 356 of 447 LEGEND: 19 SITE PLAN NOTES s LL a 3 —0 20 a.� o���.EoroeEP.�EooaaE�E�E�ME=�LLaE�E�E..��� p� r ou — —___ - _ — �.------- �Ea...=EEOM.=�.��BEM.mwTM=�M.s,3, �• Z W_{ wa SITE PLAN INFORMATION: 0Q �= wo Hz d` 111TM IT ryry ov / A��� —� �� .� coPeea srnre oNe cnLL Page 357 of 447 LEGEND: GRADING GENERAL NOTES: . . . . . . . . . . Od mz ow Fi 0 QN M. 0, E C3 Page 358 of 447 --_I --- -------74 --� LEGEND: � _ � PaawxEownrE"�� 1 I ° ITS UTILITY GENERAL NOTES: - d� � _- � 7 - i I I ..,.�a,a.. .. � �<" eos. ��, P"6¢.aro���.µ." s•"ss.a�..,�."aearnuwEwsro �2 I —------------_ U � wZ 0 — L m �n 0 Page 359 of 447 I LEGEND: ranroanmam««o...,Rucro..wr»�® ;;. L ^' - oEoaP I I 0 .I..... m� u .y EROSION CONTROL NOTES: 2 �xx -_ — — — — — — — — — — —----roEorrFrzMw.ro.::ABM rrEo ro TME moo.. r oaw - j - eEoo.ou<rEo .. M...E«ro «w MZFrxE N Z �� � 194i e III... � _... PorsoaEo �un�iarnw oxn aLL rx euN�vosuueE �aFws aEry�o` �— ? All ,h; ww �- - o•Q 1:u r x °o y l 1111 �� iI �� 0 a>a, . euMEr APPROXIMATE EROSION RCONTROLDEVICES s Page 360 of 447 - - --------- T �� � Tn � � vw',ros®c[aomwrrz[e No A0� E - - � -------- ��1 .. � LANDSCAPE REQUIREMENTS: Pux sxnucoxroxnrome ._Em f snau°naxr rvc °Eras NTS �••a x.��E6 ,-,rzixcxowMErm Evm�a[e, arErrxiox -""aoa"" '•-�"`"" e. uxosc.PEouuwxrEE.n��«Ev. P,n,.rssxn��eEowxuarEEorox ,worz r���.E.�raoM rxErMEP�wr.ow�o�.00w��o. nu Puxr::x.��eEkv[nxo ..�rsr�roR.oRowrx.rr,�ao O R _ — _ -o I � � i �� NZ _ � ry �? i. '. �'"�"'�"'^" ry ,s�Ec rvono xucE roR ruuxEw Rc�nExm .e. LANDSCAPE NOTES: O Qy y r x - Numcx °Eram w.,,a®W. Ars°Ewux rvrs ooE.Eo ..000Ro., sE�Eor inamvroaso s.,. P� .a pQ In 41 3. �s wmmwoorsEEo M.. uu�Eo.aosxnx vw rxErounw �so�oo� 21 mix �\ i � � n[uwruwnneonvme m�wocc owrnussunusry sxisx mn Y Q STATE ONE CALL C12GOPHER \ I la NutcxA xis °Eras Page 361 of 447 II �� I A A I A � \\ I I � I I / I I I / / I I / I / / I I / /I I I \ v I vI v4 i 1 I I I / / / / / LEGEND: mz .m wp a aQ U Q m p W o Q a041 s w _. C13 Page 362 of 447 z Od mz .m Op aQ .0 .jw 0., 0 M GOPH ER STATE ONE CALL C14 Page 363 of 447 ELK RIVER RESIDENTIAL SUITES 59 UNITS Page 364 of 447 COMMUNITY ROOM —olo - - - - - - PARKINS u - j FIRST FLOOR PLAN (57) SPACES STAIR Page 365 of 447 Page 366 of 447 CR z am me � '$ --�� Qt n F' E aC1 'v o ._ CL CL tC tV P`� f•�� to 0 L m 4 y .R m 3 c .� L p dl E o fl CL _ y mad SE�u�e•m � � m E a, °•w m e a °cam �m tin E'Y �OLOL m a CI- .2c v�B07° O. oY»>Er�m CL i ni NA� doo¢tit:Z R avs a_¢es�i��o wm�� c q aoixC r o� oc a' c `� Q ! 3 aN m7 � _W 3� a'cm m �i 9a mF; m c 4 o, m Z rCL E'4m qQ ��omg •E to `'(a�py IL iD D mm'p?.m .pf C CX0�ry C C a CC S N '" 9 : W . ' a >, .cc.��, dr Ym E u� Ll le m La t1! .0 .G �.. y 3z �° � �m� mamma to }hi d!��f cq�1 t. . ij ,ymm�Kra Page 367 of 447 4 Page 368 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Number 7.4 Prepared By Zack Carlton, Community Development Director Item Description Reviewed by Resolution 25-78 and Ordinance 25-17: Amend City Chris Leeseberg Plans to Support Commercial Uses, Sherburne Cal Portner County - 11401 205th Ave NW Tina Allard Action Requested Adopt Resolution 25-78 amending the land use guidance for 11401 205th Ave NW from Rural Residential to Highway Business, subject to the condition that Sherburne County prepare and record a Declaration of Covenants and Restrictions limiting the use of the property to a billboard. Adopt Ordinance 25-17 amending the zoning map for 11401 205th Ave NW from R- I a (Single -Family Residential) to C-3 (Highway Business), subject to the approval of the associated land use amendment, Case No. LU 25-03. Background/Discussion Sherburne County owns property situated between the northbound entrance ramp for Highway 169 at 205th Ave and Brook Road NW. The property has a stormwater pond for the adjacent public streets, but is otherwise unimproved. The Comprehensive Plan guides the property for Rural Residential uses, and the zoning reflects that with an R- I a (single-family residential) classification. The adjacent parcels to the east, and across Brook Road, are large lot single-family parcels. Across Highway 169, the area is guided for industrial uses, generally consisting of mining, concrete plant, and retail landscape materials. The proposal would support an initiative from the county to construct a billboard on the lot, advertising to motorists along the highway. With the current use of the property as a stormwater pond and the location between an entrance ramp and county road, development as residential may not be feasible. Billboards are only permitted on industrial and commercial properties immediately adjacent to a highway. This lot, if rezoned, would support the desired use. Public Hearing The Planning Commission held a public hearing on November 25, 2025. One resident spoke and shared concerns that the light from a potential billboard, possibly an electronic billboard, would negatively impact their home and property. They also shared concerns that the rezoning could allow other, potentially negative, uses like a gas station or other busy commercial use. Andrew Witter, the Sherburne County Public Works Director, also spoke in support of the application. He said that the county is not in a hurry to construct the The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 Bd engagement that encourages and inspires prosperity i in 447 billboard and would seek to minimize any impacts on nearby residential uses. The Planning Commission discussed the potential for unintended consequences resulting from a rezoning to a Highway Commercial use. They shared the same concerns as the resident that while a billboard was the current intention, they would not want to see the site converted to a gas station, which would be allowed in the district. The commission discussed adding a condition that would require the county to record a formal restriction limiting the allowed use on the site to only a billboard. The Planning Commission recommends approval of both the land use and zoning amendments with the condition that the county record a Declaration of Covenants and Restrictions against the property, limiting the allowed uses of the site to a billboard. The proposed changes require a four -fifths vote of the city council. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Planning Commission Memo dated November 25, 2025 2. Land Use Amendment Resolution 3. Zone Change Ordinance 4. 7.4 Handout Page 370 of 447 Request for Action City of Elk River To Planning Commission Meeting Date November 25, 2025 Item Description Land Use Amendment and Zone Change: Amend City Plans to Support Commercial Uses, Sherburne County - 11401 205th Ave NW Item Number 4.1 Prepared By Zack Carlton, Community Development Director Reviewed by Chris Leeseberg Action Requested Recommend denial of the proposed land use amendment from Rural Residential to Highway Business as the proposed land use classification is not consistent with the surrounding land uses. Recommend denial of the proposed zone change from R- I a (single-family residential) to C-3 (Highway Commercial) as the proposed rezoning would be considered "spot zoning" and is not compatible with the surrounding uses. Background/Discussion Sherburne County owns property situated between the northbound entrance ramp for Highway 169 at 205th Ave and Brook Road NW. The property has a stormwater pond for the adjacent public streets, but is otherwise unimproved. The Comprehensive Plan guides the property for Rural Residential uses, and the zoning reflects that with an R- I a (single-family residential) classification. The adjacent parcels to the east, and across Brook Road, are large lot single family parcels. Across Highway 169, the area is guided for industrial uses, generally consisting of mining, concrete plant, and retail landscape materials. The proposal would support an initiative from the county to construct a billboard on the lot, advertising to motorists along the highway. With the current use of the property as a stormwater pond and the location between an entrance ramp and county road, development as residential may not be feasible. Billboards are only permitted on industrial and commercial properties immediately adjacent to a highway. This lot, if rezoned, would support the desired use. In considering this request, the Planning Commission should consider potential impacts to nearby homes. The change from residential to commercial will require a supermajority of the city council. Financial Impact None The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T engagement that encourages and inspires prosperity INMURfd447 Mission/Policy/Goal Appropriately govern in an ever -changing environment. Improve citizen quality of life. Attachments I. Location Map 2. Land Use Exhibit 3. Zoning Exhibit Page 372 of 447 6 1 75-00115-4301 m 1 C>L C- 01IP�A 75-00122-1203 Project Location Map Sherburne C-.ountv l'i-001 15 4401 r 75-110115-440 Land t 1 se Amendment LU 2-5-0' Zone Change ZC 2-S-03 Page 373 of 447 ��'� �� ,� I �hf�� ���� City of Elk -�-- River City of Elk River City Council Resolution 25-78 A Resolution of the City Council of the City of Ellc River Amending the Comprehensive Plan to Change the Land Use for Certain Parcels from Rural Residential to Highway Business WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, the Planning Commission held a public hearing on November 25, 2025, and recommended approval regarding the Comprehensive Plan amendment request for the property described in Exhibit A, and WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the following: 1. The proposed land use is consistent with the surrounding land uses 2. The use would not have adverse impacts on the surrounding land uses 3. The proposed changes are in general conformance to the adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The Land Use Plan be amended to change the property as described in Exhibit Afrom Rural Residential to Highway Business, subject to the condition that Sherburne County prepares and records a Declaration of Covenants and Restrictions limiting the uses of the property to a billboard. Passed and adopted this 15th day of December 2025. ATTEST: Tina Allard, City Clerk John J. Dietz, Mayor PV0WIR€U 6r ImaKVR Page 376 of 447 EXHIBIT A THE E 341 FT OF THE S 1 /2 OF SW 1/4 OF SE 1/4. EXCEPT THAT PART OF E 341 FT OF S 1/2 OF SW 1/4 OF SE 1/4 LYING NELY OF A LINE DRAWN 50 FT NELY OF THE CENTERLINE OF CTY HWY NO. 121 PER MNDOT STATE PROJECT 7106-66 (T.H. 169 - C.R. INTERCHANGE) SAID CENTERLINE MORE PARTICULARLY DESC AS; COMM AT THE N 1/4 CORNER OF SEC 22 A.K.A. S 1/4 CORNER OF SEC 15 (PER DOC NO. 169568) TWP 33 RNG 26, THENCE N 89 DEG 21 MIN 41 SEC E SHERB CTY BEARING ORIENTATION DIST 1461.44 FT TO POB OF SAID CENTERLINE; THENCE N 7 DEG 03 MIN 58 SEC W ALONG SAID CENTERLINE DIST 123.77 FT; THENCE NWLY ALONG A TANGENTIAL CURVE CONCAVE TO THE SW HAVING A DEGREE OF CURVATURE OF 16 DEG 00 MIN 00 SEC DIST 276.03 FT; THENCE ON TANGENT N 51 DEG 13 MIN 50 SEC W DIST 331.38 FT; THENCE ALONG ATANGENTIAL CURVE CONCAVE TO NE HAVING A DEGREE OF CURVATURE OF 10 DEG 00 MIN 00 SEC DIST 590.43 FT; THENCE ON TANGENT N 7 DEG 48 MIN 46 SEC E DIST 216.87 FT MORE OR LESS TO TERMINATE AT THE N LINE OF SW 1/4 OF SE 1/4. AND S 1-2 OF SW 1-4 OF SE 1-4 LYING W OF THE E 341 FT THEREOF AND LYING NELY OF LINE 1 DESC AS FOLL: COMM AT THE S 1/4 CORNER OF SAID SECTION 15; THENCE ELY ON AN AZIMUTH OF 89 DEG 21 MIN 30 SEC ALONG THE S LINE THEREOF FOR 1055.02 FT TO THE POB OF LINE 1 TO BE DESC; THENCE ON AN AZIMUTH OF 340 DEG 55 MIN 51 SEC FOR 10.33 FT; THENCE ON AN AZIMUTH OF 302 DEG 44 MIN 17 SEC FOR 71.32 FT; THENCE ON AN AZIMUTH OF 347 DEG 14 MIN 17 SEC FOR 622.21 FT AND THERE TERM. PV0WIR€U 61 ImaKVR Page 377 of 447 City of Elk - River Ordinance 25-17 Sfi=i4et4feug4s to be removed Underlines to be added An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, to Rezone Certain Property from R- I a (Single -Family Residential) to Highway Commercial (C-3) The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described on attached Exhibit Ato Highway Commercial (C-3). SECTION 2. That the rezoning approved by this Ordinance is based on the following findings: The rezoning is consistent with the City of Elk River Land Use Plan adopted, and updated, as part of the City of Elk River Comprehensive Plan. SECTION 3. That this ordinance shall take effect upon satisfaction of the conditions noted in Exhibit E and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 15th day of December 2025. ATTEST: Tina Allard, City Clerk Last Updated Jauuaiy 2019 John J. Dietz, Mayor Paw€III €D 8r I Is MUR Page 378 of 447 Sfizi4e- s to be removed -o Underlines to be added Exhibit A THEE341 FT OFTHE S1/2OFSW1/4OFSE1/4.EXCEPT THAT PART OFE341 FTOFS1/2 OF SW 1/4 OF SE 1/4 LYING NELY OF A LINE DRAWN 50 FT NELY OF THE CENTERLINE OF CTY HWY NO. 121 PER MNDOT STATE PROJECT 7106-66 (T.H. 169 - C.R. INTERCHANGE) SAID CENTERLINE MORE PARTICULARLY DESC AS; COMM AT THE N 1/4 CORNER OF SEC 22 A.K.A. S 1/4 CORNER OF SEC 15 (PER DOC NO. 169568) TWP 33 RNG 26, THENCE N 89 DEG 21 MIN 41 SEC E SHERB CTY BEARING ORIENTATION DIST 1461.44 FT TO POB OF SAID CENTERLINE; THENCE N 7 DEG 03 MIN 58 SEC W ALONG SAID CENTERLINE DIST 123.77 FT; THENCE NWLY ALONG A TANGENTIAL CURVE CONCAVE TO THE SW HAVING A DEGREE OF CURVATURE OF 16 DEG 00 MIN 00 SEC DIST 276.03 FT; THENCE ON TANGENT N 51 DEG 13 MIN 50 SEC W DIST 331.38 FT; THENCE ALONG A TANGENTIAL CURVE CONCAVE TO NE HAVING A DEGREE OF CURVATURE OF 10 DEG 00 MIN 00 SEC DIST 590.43 FT; THENCE ON TANGENT N 7 DEG 48 MIN 46 SEC E DIST 216.87 FT MORE OR LESS TO TERMINATE AT THE N LINE OF SW 1/4 OF SE 1/4. AND S 1-2 OF SW 1-4 OF SE 1-4 LYING W OF THE E 341 FT THEREOF AND LYING NELY OF LINE 1 DESC AS FOLL: COMM AT THE S 1/4 CORNER OF SAID SECTION 15; THENCE ELY ON AN AZIMUTH OF 89 DEG 21 MIN 30 SEC ALONG THE S LINE THEREOF FOR 1055.02 FT TO THE POB OF LINE 1 TO BE DESC; THENCE ON AN AZIMUTH OF 340 DEG 55 MIN 51 SEC FOR 10.33 FT; THENCE ON AN AZIMUTH OF 302 DEG 44 MIN 17 SEC FOR 71.32 FT; THENCE ON AN AZIMUTH OF 347 DEG 14 MIN 17 SEC FOR 622.21 FT AND THERE TERM. Last Updated Januaiy 2019 P0WIR€D 8r I Is MUR Page 379 of 447 Sfizi4e- s to be removed -o Underlines to be added Exhibit B 1. The associated Land Use Amendment (LU 25-03) resolution shall be approved and recorded. Last Updated Jauuaiy 2019 P0WIR€D 8r I Is MUR Page 380 of 447 Outlook PIN 75-00115-4301 From Andrew Witter <And rew.Witter@co.sherburne.mn.us > Date Fri 12/12/2025 1 A8 PM To Zachary Carlton <zcarlton@ElkRiverMN.gov> Mr. Carlton, Sherburne County agrees to place a 30 year declaration of covenants and restriction on the subject property, with one nuance. We'd like to also add some of language that indicates if land use and zoning on adjacent or contiguous parcels changes to something other than residential, the declaration on PIN 75-00115-4301 would extinguish. Sincerely, RMERRURRE Andrew I Witter, P.E. C R U X T Y Public Works Director and County Engineer 13880 Business Center Dr. NW, Suite 100 q=,=MWM- Elk River, MN 55330-4668 Office - 763.765.3302 www.co.sherburne.mn.us/469/Public-Works SPE BEA FRIEND. BE A SOBER DRIVER Page 381 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Hearing: Tobacco Compliance Failures for Ralphies Minnoco Action Requested Listen to testimony and determine penalties. Item Number 8.1 Prepared By Tina Allard, City Clerk Reviewed by Jared Shepherd David Kuhnly Cal Portner If the penalty is upheld, it is recommended that the administrative penalty of $1,000 be paid and that the license be suspended for seven days, based on similar practice with other licensees who have had three failures. If the Council wishes to deviate from the state law penalty and suspension, staff requests that a motion be brought to reconsider the resolution and findings at the next Council meeting. If the Council agrees with the penalty, the Council may motion to deny the appeal based on the record. Background/Discussion Tobacco license applicant Brian Brehmer, with Alan Arnold Corporation, doing business as Ralphie's Minnoco, has had three age -related compliance check violations within the last 36 months. The failures occurred on the following dates: December 5, 2022 June 18, 2024 October 17, 2025 Mr. Brehmer was notified and sent letters after each violation occurred. He paid the penalties and waived his hearing rights for the first two violations. He is requesting this hearing to appeal the fine and license suspension for the third violation. The following is outlined in Minnesota Statute 461.12, Subd. 2, regarding three or more violations: "...For a third or any subsequent violation at the same location within 36 months after the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee's authority to sell tobacco, tobacco - related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location must be suspended for not less than seven days and may be revoked." The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 Bd engagement that encourages and inspires prosperity i in 447 The city attorney will be in attendance and will outline the hearing process. The police department and Sherburne County staff will be in attendance to discuss the violations. Mr. Brehmer will also have an opportunity to present evidence. Financial Impact N/A Mission/Policy/Goal Appropriately govern in an ever -changing environment. Attachments I. Driver's License Examples 2. Incident Report 12 05 2022 3. Incident Report 06 18 2024 4. Incident Report 10 17 2025 5. Ralphies Violation 12-05-2022 6. Ralphies Violation 6-18-2024 7. Ralphies Violation 10-17-2025 Page 383 of 447 Example of a standard driver's license M I N iN eSOT A `Ali V'p AAWWJC mmmr3k J&L No*kM4- y ■JJ ��L� WOM IN 4�® 1r e Vertical driver's license and ID cards are issued to anyone who is under the age of 21. This has been in effect since 2018. This provides a quick reference that the cardholder is a minor. Vertical ID's for under 21 are used in 46 other states. DRIVER'S LICENSE �'419 MMTH 1 0 W' �M L • F • SAPOPLIE MN NAME 7i}!r_PON XM 00rz0198 v PWWW IM 0AO Page 384 of 447 inciaent xeport rage i or 3 ELK RIVER POLICE DEPARTMENT INCIDENT REPORT ICR# 22022289 1 AGENCY ORI# MN0710200 JUVENILE: !� Juvenile Involved Reported: 12-05-2022 1650 First Assigned: 1650 First Arrived: 1650 Last Cleared:1700 Committed Start: 12-05-2022 Committed End: 12-05-2022 Title: Citation How Received: In Person Short Description: Tobacco compliance check failure Summary: While performing tobacco compliance checks the cited subject sold a tobacco product to a minor. See supplemental. [Officer 614; Citation 71022022003680] Cited for selling tobacco to a underage person. See supplemental. 12-7-2022 - Mailed letter and citation to cited party and listed parent; #671. Location(s) Ralphies Victory Lane Address: 13374 Hwy 10 NW City: Elk River State: MN Zip: 55330 Country: US Custom Attributes AXON - BWC Officer Assigned: Williams, David Badge No: 614 Primary: Yes Involvement: Parent Name: DOB: XXXXXXXXXX XXXXX XXXX XXXXX Age: XX Sex: X Race: X Height: XXX Weight: XXX Address: XXXXXXXXXXX XXXXX XXXXX XXX XX City: XXX XXXX State: XX Zip: XXXXX Country: XX Phone: XXXXXX XXXXXXXXXXXXX Phone: XXXXXX XXXXXXXXXXXXX Eye Color: XXX Involvement: Arrested Name: DOB: Age: 16 Sex: M Race: X Height: XXX Weight: XXX Address: XXXXXXXXXXX XXXXX XXXXX XXX XX City: XXX XXXX State: XX Zip: XXXXXXXXXX Country: XX Eye Color: XXX Arrest Date Time: 12-05-2022 1650 Involvement: Mentioned Name: Sherburne County Health and Human Services Address: (Government) 13880 Business Center Dr NW City: Elk River State: MN Zip: 55330 Country: US Phone: (Business) (763)765-4000 11 /26/2025 Page 385 of 447 Incident Report rage /- or s Involvement: Mentioned Age: 51 Address: (Government) 13880 Business Center Dr NW Phone: (Work) (763)241-2750 Involvement: Mentioned Address: (Business) 13374 Hwy 10 NW Name: DOB: 03-31-1971 Lees, Mark Frederick Sex: M Race: W Height: 0 Weight: 0 City: Elk River State: MN Zip: 55330 Country: US Name: Ralphie's Victory Lane City: Elk River State: MN Zip: 55330 Country: BarCode: 22-01276 Item Type: Tobacco Description: Cigarettes Location Address: (Business) 13374 Hwy 10 NW N 71022022003680 Bin: DESTROYED City: Elk River State: MN Zip: 55330 Country: US Dtltm: Officer: 12-05-2022 Williams 614 )escription: SALE TOBACCO MINOR _ast Name: XXXX kddress: XXXXXXXXXXX XXXXX XXXXX XXX XX 0iffense(s) Offense: SALE TOBACCO MINOR (26.37.a) SALE TOBACCO MINOR _ocations(s) First: XXXX Middle: XXXXXX DOB: City: XXX XXXX State: XX Zip: > Address: (Business) 13374 Hwy 10 NW City: Elk River Court Dt1tm: -- Court Location: Sherburne County Contact #1 XXXXXX XXXXX XXXX XXXXX XXXXXXXXXX XXXXXXXXXXXX XXXXX XXXXX XXX XX XXX XXX XXXX XX XXXXX) =X Offense: SALE TOBACCO MINOR (26.37.a) SALE TOBACCO MINOR State: MN Zip: 55330 Type: Submitted To County Attorney Disposition: Citation Name: XXXX X XXXX XXXXXX XXXXXXXXXX 11/26/2025 Page 386 of 447 Incident Report rages or .j Supplemental Report ICR: 22022289 Title: Citation Last Modified: 12-07-2022 1314 Created By: David Williams On Monday 12/05/22 I, Detective David Williams, was conducting tobacco compliance checks throughout the city of Elk River. I performed this with the assistance of Mark Lees with Sherburne County Health and Human Services and the person under the age of 21 who Lees had pre -selected. See the miscellaneous officer report (22022287) for information on the identity of the purchaser. The purchaser will be hereinafter referred to as "the buyer". Lees had provided the buyer U.S. currency to attempt to purchase tobacco products as part of the compliance checks throughout the evening. At approximately 1650 hours the buyer entered Ralphie's Victory Lane located at 13374 Hwy 10 NW. Shortly thereafter the buyer exited the business with a pack of Camel Gold Turkish & Domestic blend cigarettes which XXX advised Lees and I that XXX purchased. The buyer turned over the pack of cigarettes to me which I secured as evidence. After completing the compliance checks I brought the cigarettes back to the Elk River Police Department where I secured it in my office and later entered into evidence on 12/06/22. I also took photographs of the pack of cigarettes and uploaded them to evidence.com. The buyer described the salesclerk to Lees and I at which time Lees and I entered the business and made contact with the clerk who I identified by MN driver's license as XXXX XXXXXX XXXX XXXX XXXXXXXX. XX XXXX admitted to selling the cigarettes to the buyer and knowing that it is illegal to sell tobacco products to people under 21 years of age. XX XXXX admitted to not asking for the buyer's identification or asking XXX age. XX XXXX said XX didn't ask for XXX identification or age because XX thought XXX looked old enough. Lees talked with XX XXXX about training XX may have received from the employer in how to identify underage subjects trying to purchase tobacco. Lees also advised XX XXXX to follow the recommendation of checking the identity of anyone suspected of being 30 years old or younger. I activated my body worn camera while Lees and I were inside the business talking with XX XXXX. On 12/06/22 I issued XX XXXX citation #71022022003680 for selling tobacco to a person under 21 years of age (city ordinance 26.37.a). I mailed the citation to XX XXXX along with a letter of explanation. I made phone contact with XX XXXXXX parent, XXXX XXXXX XXXX XXXX XXXXXXXX, to advise her of the situation and citation I issued to XX XXXX. End of report. Detective David Williams #614 Elk River Police Department DW: 12/06/22 11 /26/2025 Page 387 of 447 Incident Report Page 1 of 3 ELK RIVER POLICE DEPARTMENT INCIDENTREPORT ICR# 24010695 1 AGENCY ORI# MN0710200 JUVENILE: ''\ Juvenile Involved Reported: 06-18-2024 2027 First Assigned:1732 First Arrived:1732 Last Cleared:1745 Committed Start: Committed End: Title: Citation How Received: In Person Summary: Failed tobacco compliance check. Citation issued. 6-26-24 - Mailed citation and parent notification letter to listed parent; #671. Location(s) Ralphie's Victory Lane Address: 13374 Hwy 10 NW Custom Attributes AXON - BWC Officer Assigned: Birdsall, Don City: Elk River State: MN Zip: 55330 Country: US Badge No: 611 Primary: Yes Involvement: Mentioned Name: Sherburne County Public Health Address: (Business) 13880 Business Center Dr NW City: Elk River State: MN Zip: 55330 Country: US Phone: (Business) (763)241-2751 Involvement: Mentioned Name: Lees, Mark Frederick DOB: 03-31-1971 Age: 53 Sex: M Race: W Height: 0 Weight: 0 Address: (Residence) 13880 Business Center Dr NW City: Elk River State: MN Zip: 55330 Country: US Phone: (Cell) (763)458-3694 Involvement: Witness Name: XXXXXXXX XXXXXX XXXXXXX DOB: XXXXXXXXXX Age: XX Sex: X Race: X Height: XXX Weight: XXX Address: XXXXXXXXXXX XXXXX XXXXXX XXX XX City: XXX XXXXX State: XX Zip: XXXXX Country: XX Phone: XXXXXX XXXXXXXXXXXXX Eye Color: XXX !� Involvement: Arrested Name: XXXXXXXX XXXXXX XXXXX DOB: Age: 17 Sex: F Race: Height: XXX Weight: XXX Address: XXXXXXXXXXX XXXXX XXXX XX XX City: XXX XXXXX State: XX Zip: XXXXXXXXXX Country: XX Phone: XXXXXXXXX XXXXXXXXXXXXX Eye Color: XXX Arrest Date Time: 06-24-2024 1000 Involvement: Parent Age: XX Name: XXXXXXXX XXXXXXX XXX DOB: XXXXXXXXXX Sex: X Race: X Height: XXX Weight: XXX 111�612pjg age 8 of 447 Incident Report Page 2 of 3 Address: XXXXXXXXXXX XXXXX XXXX XX XX City: XXX XXXXX State: XX Zip: XXXXX Country: XX Phone: (XXXXX XXXXXXXXXXXXX Phone: XXXXXX XXXXXXXXXXXXX Eye Color: XXX BarCode: 24-00407 Item Type: Tobacco Bin: DESTROYED Description: Camel Cigs Location Address: (Business) 13374 Hwy 10 NW City: Elk River State: MN Zip: 55330 Country: US # 71022024003260 Dtltm: 06-18-2024 Officer: Birdsall 611 Description: SALE TOBACCO MINOR Summary: Failed tobacco compliance check. Citation issued. Last Name: XXXXXXX First: XXXXXX Middle: XXXXX Address: City: XXX XXXXX State: XX (Residence) XXXXX XXXX XX XX Offense(s) Offense: SALE TOBACCO MINOR (26.37.a) SALE TOBACCO MINOR Locations(s) DOB: XXXXXXXXXX Zip: XXXXXXXXXX Country: XX Address: (Business) 13374 Hwy 10 NW City: Elk River State: MN Zip: 55330 Country: US Court Dt1tm: -- Court Location: Sherburne County Offense: SALE TOBACCO MINOR (26.37.a) SALE TOBACCO MINOR Type: Submitted To County Attorney Disposition: Citation Name: XXXXXXX X XXXXXX XXXXX XXXXXXXXXX I I1�612Q:R5 age 9 of 447 Incident Report Page 3 of 3 Supplemental Report ICR: 24010695 Title: Birdsall's Report Last Modified: 06-28-2024 0729 Created By: Don Birdsall On 06-18-2024, during the evening hours, I, Sergeant Don Birdsall, assisted with tobacco compliance checks at various businesses in the City of Elk River. These checks were coordinated by Mark Lees with Sherburne County Public Health. Mark Lees arranged for an underage buyer to assist with our efforts. The underage buyer was identified as XXXXXX XXXXXXX XXXXXXX X XXX XXXXXXXX. I picked up Mark and XXXXXX, along with an intern working for Mark, at approximately 1715 hours. I viewed XXXXXXXX driver's license and confirmed XX was under the age of 21. The license had a red banner that would alert anyone asking for XXX ID that XX was under 21. XXXXXXXX instructions from Mark were to ask to purchase a pack of cigarettes or a tobacco product and comply with all questions asked by any clerk. At approximately 1732 hours, the clerk at Ralphie's failed the compliance check. XXXXXX walked out of the business with a pack of camel cigarettes XX was able to purchase with cash. XXXXXX reported the clerk did not ask for ID and did not ask XXX any questions. I photographed the evidence and secured it in my squad car. Mark and I entered the business and identified the clerk who sold the tobacco product to XXXXXX as XXXXXX XXXXX XXXXXXX X XXX XXXXXXXX. XXXXXX admitted she sold the pack of cigarettes to XXXXXX and did not ask for ID. She suggested it has been slow and she was tired. Mark and I explained the penalty for the violation and encouraged her to talk to her supervisor about the violation. I later completed citation #71022024003260 and placed it for mail delivery with a parent notification letter and business card addressed to mom, XXXXXXX XXXXXXX. Sergeant Don Birdsall Badge #3611 Elk River Police Department 11 /26/2025 Page 390 of 447 Incident Report Page I of 3 ELK RIVER POLICE DEPARTMENT INCIDENTREPORT ICR# 25017239 1AGENCY ORI# MN0710200 IJUVENILE: I Reported: 10-17-2025 1140 First Assigned: 1140 First Arrived: 1140 Last Cleared: 1140 Committed Start: 10-17-2025 1140 Committed End: Title: Citation How Received: Other Short Description: Tobacco -Sale to a Minor Summary: Failed tobacco compliance check. Citation issued. See report. [Officer 615; Citation 71022025000425] 10-20-25 citation mailed to DRW; #672. Location(s) Ralphies Victory Lane Address: 13374 Hwy 10 NW City: Elk River State: MN Zip: 55330 Country: US Custom Attributes AXON - BWC Officer Assigned: O'Konek, Grace Badge No: 615 Primary: Yes Involvement: Arrested Name: Walker, Destiny Rachel Age: 30 Sex: F Race: W Address: (Residence) 126 Evans Ave NW City: Elk River Phone: (Unknown) (763)336-2497 Eye Color: BLU Arrest Date Time: 10-17-2025 1140 DOB: 11-30-1994 Height:500 Weight:145 State: MN Zip: 55330 Country: US Involvement: Mentioned Name: Lees, Mark Frederick DOB: 03-31-1971 Age: 54 Sex: M Race: W Height: 0 Weight: 0 Address: (Government) 13880 Business Center Dr NW City: Elk River State: MN Zip: 55330 Country: US Phone: (Cell) (763)458-3694 Involvement: Mentioned Name: Sherburne County Public Health Address: (Government) 13880 Business Center Dr NW City: Elk River State: MN Zip: 55330 Country: US Phone: (Business) (763)241-2751 Involvement: Mentioned Name: Ralphies Victory Lane Address: (Business) 13374 Hwy 10 NW City: Elk River State: MN Zip: 55330 Country: US Phone: (Business) (763)441-7077 11 /26/2025 Page 391 of 447 Incident Report Page 2 of 3 BarCode: 25-01097 Description: Zyn Nicotine Cool Mint Pouches Location Address: (Business) 13374 Hwy 10 NW Name(s) Item Type: Tobacco City: Elk River State: MN Last Name: Walker First: Destiny Middle: Rachel # 71022025000425 Description: Tobacco -Sale to a Minor Dtltm: 10-17-2025 Officer: O Konek 615 Bin: A6 Zip: 55330 Country: US DOB: 11-30-1994 Summary: On 10/17/2025 in the afternoon hours, I, Juvenile Detective O'Konek, assisted with tobacco compliance checks at various businesses in the City of Elk River. These checks were coordinated by Mark Lees with Sherburne County Public Health. Mark Lees arranged for two underage buyers to assist with our efforts. The underage buyers were identified as XXXX XXXX XXXXXX XXXXXXXXXXXXXX and XXXXX XXXX XXXXXX XXXXXXXXXXXXXX. I picked up Mark, XXXX and XXXXX at approximately 1130 hours. I viewed XXXX and XXXXXXX driver's license and confirmed they were under the age of 21. XXXX and XXXXXXX instructions from Mark were to ask to purchase a pack of cigarettes or a tobacco product and comply with all questions asked by any clerk. At approximately 1139 hours, the clerk at Ralphie's Gas Station failed the compliance check. XXXX and XXXXX walked out of the business with Zyn cool mint nicotine pouches they were able to purchase with cash. XXXXX reported the clerk visually checked her driver's license. I photographed the evidence and secured it in my squad car. Mark and I entered the business and identified the clerk who sold the tobacco product to XXXXX as Destiny Rachel Walker DOB/11- 30-1994. Destiny told us that she checked her ID and thought she was old enough. Mark and I explained the penalty for the violation. I later completed citation #71022025000425 and placed it for mail delivery. Juvenile Detective Grace O'Konek #3615 Elk River Police Department Last Name: Walker First: Destiny Middle: Rachel DOB: 11-30-1994 Address: (Residence) 126 Evans Ave NW City: Elk River State: MN Zip: 55330 Country: US Offense(s) Offense: Tobacco -Sale to a Minor (609.685.1a(a)) Sale of Tobaccofrobacco Related Device to Chi Locations(s) Address: (Business) 13374 Hwy 10 NW City: Elk River State: MN Zip: 55330 Country: US Court Dt1tm: — Court Location: Sherburne County Offense: Tobacco -Sale to a Minor (609.685.1a(a)) Sale of Tobacco/Tobacco Related Device to Chi 11 /26/2025 Page 392 of 447 Incident Report Page 3 of 3 Supplemental Report ICR: 25017239 Title: Citation Last Modified: 10-20-2025 1150 Created By: Grace O'Konek On 10/17/2025 in the afternoon hours, I, Juvenile Detective O'Konek, assisted with tobacco compliance checks at various businesses in the City of Elk River. These checks were coordinated by Mark Lees with Sherburne County Public Health. Mark Lees arranged for two underage buyers to assist with our efforts. The underage buyers were identified as XXXX XXXX XXXXXX XXXXXXXXXXXXXX and XXXXX XXXX XXXXXX XXXXXXXXXXXXXX. I picked up Mark, XXXX and XXXXX at approximately 1130 hours. I viewed XXXX and XXXXXXX driver's license and confirmed they were under the age of 21. XXXX and XXXXXXX instructions from Mark were to ask to purchase a pack of cigarettes or a tobacco product and comply with all questions asked by any clerk. At approximately 1139 hours, the clerk at Ralphie's Gas Station failed the compliance check. XXXX and XXXXX walked out of the business with Zyn cool mint nicotine pouches they were able to purchase with cash. XXXXX reported the clerk visually checked her driver's license. I photographed the evidence and secured it in my squad car. Mark and I entered the business and identified the clerk who sold the tobacco product to XXXXX as Destiny Rachel Walker DOB/11-30-1994. Destiny told us that she checked her ID and thought she was old enough. Mark and I explained the penalty for the violation. I later completed citation #71022025000425 and placed it for mail delivery. Juvenile Detective Grace O'Konek #3615 Elk River Police Department 11 /26/2025 Page 393 of 447 river 13065 Orono Parkway Elk River, MN 55330 CERTIFIED MAIL — RETURN RECEIPT REQUESTED December 7, 2022 Alan Arnold Corporation 13374 Highway 1-0 Elk River, MN 55330 Re: Tobacco Violation for Ralphies Minnoco, 13374 Highway 10 — Elk River, Minnesota To Whom it May Concern: On Monday, December 5, 2022, the Elk River Police Department, in conjunction with the Sherburne County Health Department, conducted a tobacco compliance check of all licensed tobacco holders in the City of Elk River. During the compliance check at your establishment, an employee sold a tobacco product to a person under the age of 21 years. This is in violation of Minnesota Statute 461.12, Subd. 2 — "Administrative penalty for sales and furnishing; licensees" and Elk River City Code. Pursuant to Minnesota Statute, an administrative penalty is assessed to the licensee. This administrative penalty is $300 for a first offense within 36 months of selling tobacco to a person under the age of 21 years. Also, according to City Code, you are allowed the opportunity of a hearing before the City Council. Indicate on the enclosed form your request of a hearing before the City Council, or if you decide to waive the hearing, indicate that you are submitting payment of the administrative penalty. Your hearing request or penalty payment must be received by Monday, January 9, 2023. Please feel free to call me at 763.635.1004 with any questions. Sincerely, Jolene Richter Deputy Clerk cc: Ron Nierenhausen, Police Chief P 0 V E R E 0 0 r Phone: 763.635.1000 NATURE www.ElkRiverMN.gov Page 394 of 447 TOBACCO VIOLATION NOTICE VIOLATION: "Sale of tobacco to under 21" LICENSEE: Ralphies Minnoco NOTICE DATE: December 7, 2022 DATE OF VIOLATION: December 5.2022 DEC 2 7 2022 Pursuant to the Minnesota Statute 461.12, the administrative penalty assessed for selling tobacco to a person under the age of 21 years is $300.00 You may request a hearing before the City Council within 30 days. If you decide to waive the hearing, you must submit payment of the administrative penalty. (Following completion of this form, mail it to the City ofE.LkRiver. Ifyou waive your right to a hearing, submit administrative penalty fee with this form.) I wish to request an administrative hearing I do not wish to re est an administrative hearing and am submitting the Administrative Penalty of $300�( ��— , f *-,�q-4 Please submit payment to: Signature City of Elk River Attn: City Clerk 13065 Orono Parkway Elk River, MN 55330 Date Page 395 of 447 CERTIFIED MAIL — RETURN RECEIPT REQUESTED August 12, 2024 Ralphie's Minnoco Brian Brehmer 13374 US Highway 10 Elk River, MN 55434 Re: Tobacco Sales Violations to a Person Under Age 21 To Licensing Coordinator: On December 5, 2022, it was determined that your establishment, Ralphie's Minnoco, violated Minnesota Statute §461.12, Subd. 2 by selling and/or furnishing tobacco to a minor. As a result, your establishment was issued an administrative penalty, which was paid. On Tuesday, June 18, 2024, the Elk River Police Department, working with Sherburne County Health and Human Services, conducted compliance checks and cited Ralphie's Minnoco for selling tobacco products to a person under the age of 21. This is your second violation within a 36-month period. Due to these two citations, you are again in violation of Minnesota Statute 461.12, Subd. 2. The administrative penalty for these violations is found under said Statute and provides in relevant part: If a licensee or employee of a licensee sells, gives, or otbervise furnisbes tobacco, tobacco -related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 years, or violates an_ y otber provision of this cbapter, the licensee sball be cbared an administrative penalty of $300 for the first violation. An administrative penalty of $600 must be imposed for a second violation at the same location witbin 36 montbs after the initial violation. For a tbird or any subsequent violation at the same location n4tbin 36 montbs after the initial violation, an administrative penalty o f ,$1, 000 must be imposed, and the licensee's autbority to sell tobacco, tobacco -related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location must be suspended for not less than seven days and may be revoked. We received payment of $300 from you. Because this is a second violation within a 36-month period the penalty fine is $600. You owe the remainder of $300. If you wish to appeal your second violation, you can seek a hearing before the City Council. Indicate on the enclosed form whether you are requesting a hearing before the City Council or are waiving the hearing and will be submitting the payment. Page 396 of 447 Your hearing request or penalty payment must be received by Friday, September 6, 2024. Feel free to contact me at 763.635.1004 with any questions. Sincerely, Joene Richter Deputy Clerk cc Cal Portner, City Administrator Darren McKernan, Acting Elk River Police Chief Tina Allard, City Clerk Page 397 of 447 of ver Tobacco Hearing and Penalty Notice Violation: Tobacco Sales to a Person Under Age 21 ❑ First Violation ® Second Violation ❑ Third Violation Licensed Location: 13374 US HWY 10 Date of Violation: June 18, 2024 Complete the following information and submit by day, month, year. I wish to request an administrative hearing. Staff will contact you to coordinate a hearing date before the Elk River City Council. I waive my right to an administrative hearing and am submitting the applicable penalty. Number of Violations within 36-month period Administrative Penalty First Violation $300 Second Violation $600 Third Violation $1,000 and license suspension for not less than seven days as determined by the city. The city trial also revoke the license. Options for submittal are as follows: • Email this form to jrichter,a elkriveimn.voy and make payment at: ht4-�s: citvofelkriver.rejrtrak.neet_ • Mail this form and a check payable to the Office of the City Clerk at 13065 Orono Parkway, Elk River, MN 55330. �& 9_lo , ay Signature Date 1r��• Print Name & Title Page 398 of 447 CERTIFIED MAIL— RETURN RECEIPT REQUESTED 13065 Orono Parkway Elk River, MN 55330 October 27, 2025 Ralphie's Minnoco Brian Brehmer 13374 US Highway 10 Elk River, MN 55330 Re: Third Violation of Tobacco Sales to a Person Under Age 21 To Licensing Coordinator: On October 17, 2025, the Elk River Police Department along with Sherburne County Health and Human Services conducted a tobacco compliance check of all licensed businesses in the city. During the compliance check at your business, an employee sold a tobacco product to a person under the age of 21. This is in violation of Minnesota Statute 461.12, Subd. 2: Administrative penalty for sales and furnishing; licensees, which provides in relevant part: "If a licensee or employee of a licensee sells, gives, or otherwise furnishes tobacco, tobacco -related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 years, the licensee shall be charged an administrative penalty of $1,000 for the third violation occurring at the same location within 36 months after the initial violation and the license must be suspended for not less than seven days and may be revoked." Pursuant to the above statute, the city is assessing an administrative penalty to the licensee. If you wish to contest this penalty you may request a hearing before the City Council within 30 days of the date of this letter. Indicate on the enclosed form your request for a hearing before the City Council, or if you decide to waive the hearing, indicate you are submitting payment of the administrative penalty. Your hearing request or penalty payment must be received by Wednesday, November 26, 2025. Feel free to contact me at 763.635.1004 with any questions. Sincerely, Phone: 763.635.1000 wwwElkRiverMN.gov P 0 W E N E 0 8 1 NATU Page 399 of 447 Jolene Richter Deputy Clerk cc: Cal Portner, City Administrator David Kuhnly, Police Chief Tina Allard, City Clerk Page 400 of 447 Tobacco Hearing and Penalty Notice Violation: Tobacco Sales to a Person Under Age 21 ❑ First Violation ❑ Second Violation ® Third Violation Licensed Location: Date of Violation: 13374 US Highway 10 Elk River, MN 55330 October 17, 2025 Complete the following information and submit by Wednesday, November 26, 2025. I wish to request an administrative hearing. Staff will contact you to coordinate a hearing date before the Elk River City Council. ❑ I waive my right to an administrative hearing and am submitting the applicable penalty. Number of Violations within 36-month period Administrative Penalc First Violation $300 Second Violation $600 X Third Violation $1,000 and license suspension for not less than seven days as determined by the city. The city may also revoke the license. Options for submittal are as follows: ■ Email this form to 1Richter tit ElkRiverMN.,gov and make payment at: hags: / cityofelkriver.revtrak.netl Mail this form and a check payable to the Office of the City Clerk at 13065 Orono Parkway, Elk River, MN 55330. Signature Print Name & Title Date Page 401 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Cannabis Business Plan Action Requested Item Number 8.2 Prepared By Joe Stremcha, Business Services Director/Assistant City Administrator Reviewed by Cal Portner Tina Allard ■ Discontinue, by motion, the implementation of the Cannabis Business Plan (approved Feb 3, 2025) until more information is available. ■ Terminate, by motion, the AIA B 133-2019 agreement with LSE Architects for the construction of Cannabound by invoking Article 9 Termination or Suspension, and compensate the architect for services performed before termination with reimbursable expenses due and properly incurred. ■ Discontinue, by motion, THC sales at Northbound and Westbound liquor stores effective April 10, 2026. ■ Approve, by motion, a layoff of the following position effective April 10, 2026: o Cannabound Manager Background/Discussion The consensus from the City Council Work Session on December I, 2025, was to discontinue the implementation of the Cannabis Business Plan. Westbound and Northbound sell THC products. As of now, pending a change in federal or state law, we will have to discontinue late next year. Staff will need direction on whether the Council wishes to continue that part of our retail business, as it runs counter to the consensus on Dec. 1. Additionally, on Tuesday, November 18, staff submitted a request for licensing clarification regarding the sale of medical cannabis as a municipality. On Tuesday, December 9, the OCM responded affirmatively that the City of Elk River is able to pursue a medical cannabis retail endorsement. Their response is as follows: Thank you for reaching out, and apologies for the delay.! Municipal cannabis stores operate in a similar fashion, with some notable distinctions, as other cannabis retailers, as outlined in Minnesota Statutes section 342.32. As such, just like cannabis retailers, a municipal cannabis store is able to apply for a medical cannabis retail endorsement (see section 342.5 I ), which would authorize the license holder to sell medical cannabis and medical cannabis products to medical patients in accordance with the registry program requirements. Pursuant to section 342.5 I , to qualify for the medical cannabis retailer endorsement, a business must either have at least one employee who earned a medical cannabis consultant certificate issued by the office and has completed the required training or at least one employee The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 B INMLIRd447engagement that encourages and inspires prosperity who is o licensed pharmacist under Chapter 151. -Minnesota Office of Cannabis Management Licensing Division THC is the intoxicating element in cannabis. It has the same chemical construction whether it comes from a hemp plant or a cannabis plant. Hemp is in the same family as cannabis, only it has been cultivated for industrial uses. Elk River Liquor began selling THC in June 2023. The following is a rough accounting of the most recent time and resources invested into the project, totaling approximately $700,000 and THC total sales in 2025 are estimated at approximately $200,000: 2025/2026 THC Expenses: ■ Cannabis Manager Wages and Benefits (July 7, 2025 — April 10, 2025). o The City Council invoked a layoff of FT Center staff in 2024 with a 13-week (90-day) notice. A layoff of the Cannabis Manager effective April 10, 2026, will meet that same standard. ■ Architect/Consultant Fees (agreement made October I, 2025). ■ Land Purchase (agreement made September 15, 2025). • Misc. staff time in 2025 implementing the Cannabis Business Plan and THC sales includes, but not limited to: o Conducting market research. o Supply chain networking. o Staff onboarding/training. o Store design/development. o Marketing planning/branding. o Financial banking. o Legal review. o Ordering, handling, and selling products. Elk River liquor has THC inventory on hand valued at approximately $45,000. The product is estimated to be a 90-day supply based on expiration dates and our sell -through pace at the stores, based on consumer demand. Financial Impact Over $500,000 has been invested in the rollout of THC products to date. Mission/Policy/Goal Reflect the culture of citizens Attachments None Page 403 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Number 8.3 Prepared By Dawn Robertson, Records Specialist Item Description Reviewed by 2026 Meeting Calendar: City Council and Advisory Cal Portner Boards Tina Allard Action Requested Approve, by motion, the 2026 City Council and Advisory Boards meeting calendars. Background/Discussion Per state law, the schedule of the City Council's meetings must be kept on file with the Office of the City Clerk and posted on the city's bulletin board. Regular meetings are held on the first and third Mondays of each month. Sherburne County selected Tuesday, April 7, 2026, at 6:00 p.m. for the Board of Appeal meeting. We would like to schedule the Special Budget Meetings on July 13 and July 27, and keep August 24 as a tentative date. Council Retreat Meeting Date Historically, the City Council has held this meeting on the fourth Monday of April from 1:00 p.m. to 7:00 p.m. Would Monday, April 28, work to schedule this meeting? Financial Impact N/A Mission/Policy/Goal Ethical, efficient, and responsible. Attachments I. 2026 Council Calendar 2. 2026 Boards and Commissions Meetings The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 BINMUPd447 engagement that encourages and inspires prosperity 2026 February S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 March S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Holidays City Council Meeting Schedule May S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 281 29 30 31 June S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 I El I I July I I October August S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231 24 25 26 27 28 29 301 31 September S I M T W T I F I S 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Jan 1 - New Year's Day observed Sept 7- Labor Day Jan 19 - Martin Luther King Jr. Day Nov 11 - Veterans Day observed Feb 16 - Presidents' Day Nov 26 - Thanksgiving May 25 - Memorial Day Nov 27 - Day after Thanksgiving June 19 - Junteenth Dec 24 & 25 - Christmas holidays observed July 4 - Independence Day observed November S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2- 28 29 30 December S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page 405 of 447 2026 Advisory Board/Commission Meeting Calendar January S M T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 zu 21 22 23 24 25 26 27 28 29 30 31 February S T F S 1 5 6 7 8 15 %23125 12 13 14 19 20 21 22 26 27 28 March S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MIT 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April S M T W T F S 1 2 3 4 5 12 19 7 21 15 22 9 16 23 10 17 24 11 18 25 26 27 28 29 30 May S M T W T F S 1 2 3 5 6 7 8 9 10 11 ,. 13 14 15 16 17 19 20 21 22 23 24 25 271 28 29 30 31 June S[E T W T F S 1 2 3 4 5 6 7 -. 10 11 12 13 14 16 17 18 ;-� 20 21 22 24 25 26 27 28 29 30 July S M T W T F S 1 2 3 4 5;2728 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 August S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 September S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 October S M T W T F S 1 2 3 4 6 7 8 9 10 11 18 20 21 15 22 16 23 17 24 25 26 27 28 29 30 31 November S M T W T F S 1 2 31 41 5 6 7 8 9 10 11 12 13 14 15 W 17 18 19 20 21 2223 25 26 27 28 29 30 December S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 23 24 25 26 27 28 29 30 31 NOTE: ALL DATES ARE SUBJECT TO CHANGE. EDA (5:30 p.m.) and City Council (6:00 p.m. or after EDA mtg) Planning Commission - 6:30 p.m. Heritage Preservation Commission - 6:00 p.m. Utilities Commission - 3:30 p.m. HRA (5:30 p.m.) and City Council (6:30 p.m.) City Council Community Event Center Commision - 6:30 p.m. Utilities Commission/Parks and Recreation Commission Parks and Recreation Commission - 6:30 p.m. Holidays Jan 1- New Year's Day observed Jan 19 -Martin Luther King Jr. Day Feb 16 - Presidents' Day May 25 - Memorial Day June 19 - Junteenth July 3 - Independence Day Observed Sept 7- Labor Day Nov 11 -Veterans Day observed Nov 26 -Thanksgiving Nov 27 - Day after Thanksgiving Dec 24 & 25 - Christmas holidays observed Multipurpose Facility Commission meets at Furniture and Things Community Event Center, 1000 School St Utilities Commission meets at ERMU, 13069 Orono Parkway Unless otherwise noted, all other meetings are held at Elk River City Hall, 13065 Orono Parkway Page 406 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Ebikes/Scooters on City Sidewalks and Trails Item Number 10.1 Prepared By Joe Stremcha, Business Services Director/Assistant City Administrator Reviewed by Cal Portner Tina Allard Action Requested Discuss an E-bike and Electric Powered Device Ordinance. Background/Discussion On December 10, the Parks and Recreation Commission recommended, by motion, that the City Council approve an ordinance regulating the use of e-bikes and electric -powered devices on city trails and within city parks. The Commission appointed Commissioners Niziolek, Stewart, and Anderson to an ad hoc committee to work with staff on drafting regulations for e-bikes and electric -powered devices on city trails and within city parks, based on concerns raised by community members. The city attorney's office has reviewed the draft ordinance and recommends additional language for the Council to consider. Financial Impact Cost of potential park and trail signage and ordinance enforcement are to be determined. Mission/Policy/Goal Appropriately govern in an ever -changing environment. Attachments I. Electric Bike Law 2. Electric Scooter Law 3. Communications Example From Maple Grove 4. E bike Concern 5. Ebike Ordinance - Reviewed Draft The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exc ptional service, and community p p W E H E 0 BINMURd447 engagement that encourages and inspires prosperity MINNESOTA STATUTES 2024 169.222 169.222 OPERATION OF BICYCLE. Subdivision 1. Traffic laws apply. (a) Every person operating a bicycle has all of the rights and duties applicable to the driver of any other vehicle by this chapter, except in respect to those provisions in this chapter relating expressly to bicycles and in respect to those provisions of this chapter which by their nature cannot reasonably be applied to bicycles. This subdivision applies to a bicycle operating on the shoulder of a roadway. (b) A person lawfully operating a bicycle (1) on a sidewalk, or (2) across a roadway or shoulder while using a crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances. Subd. 2. Manner and number riding. (a) For purposes of this subdivision,"bicycle" includes atandem bicycle, electric -assisted bicycle, cargo or utility bicycle, or trailer. (b) No person may operate a bicycle while carrying more than the number of riders for which the bicycle is designed or equipped. (c) Notwithstanding paragraph (b), an adult bicycle operator may carry a child in a trailer or seat designed for carrying children that is securely attached to a bicycle. Subd. 3. Clinging to vehicle. Persons riding upon any bicycle, coaster, roller skates, toboggan, sled, skateboard, or toy vehicle shall not attach the same or themselves to any street car or vehicle upon a roadway. Subd. 4. Riding rules. (a) Every person operating a bicycle on a road must ride as close to the right-hand curb or edge of the road as the bicycle operator determines is safe. A person operating a bicycle is not required to ride as close to the right-hand curb or edge when: (1) overtaking and passing another vehicle proceeding in the same direction; (2) preparing for a left turn at an intersection or into a private road or driveway; (3) reasonably necessary to avoid conditions that make it unsafe to continue along the right-hand curb or edge, including fixed or moving objects, vehicles, pedestrians, animals, surface hazards, or narrow -width lanes; (4) operating on the shoulder of a roadway or in a bicycle lane; or (5) operating in a right-hand turn lane before entering an intersection. (b) If a bicycle is traveling on a shoulder of a roadway, the bicycle operator must travel in the same direction as adjacent vehicular traffic. (c) Persons riding bicycles upon a roadway or shoulder must not ride more than two abreast and, on a laned roadway, shall ride within a single lane. (d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a crosswalk, must yield the right-of-way to any pedestrian and give an audible signal when necessary before overtaking and passing any pedestrian. A person must not ride a bicycle upon a sidewalk within a business district unless permitted by local authorities. Local authorities may prohibit the operation of bicycles on any sidewalk or crosswalk under their jurisdiction. (e) An individual operating a bicycle or other vehicle on a bikeway must (1) give an audible signal a safe distance prior to overtaking a bicycle or individual, (2) leave a safe clearance distance when overtaking Official Publication of the State of Minnesota Revisor of Statutes Page 408 of 447 169.222 MINNESOTA STATUTES 2024 a bicycle or individual proceeding in the same direction, and (3) maintain clearance until safely past the overtaken bicycle or individual. (f) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an intersection proceeding from the leftmost one-third of a dedicated right-hand turn lane without turning right. Subd. 4a. Stopping requirements. (a) For purposes of this subdivision, "in the vicinity" means located in an intersection or approaching an intersection in a manner that constitutes a hazard of collision during the time that a bicycle operator would occupy the intersection. (b) A bicycle operator who approaches a stop sign must slow to a speed that allows for stopping before entering the intersection or the nearest crosswalk. Notwithstanding subdivision 1 and section 169.06, subdivision 4, if there is not a vehicle in the vicinity, the operator may make a turn or proceed through the intersection without stopping. (c) Nothing in this subdivision alters the right-of-way requirements under section 169.20. The provisions under this subdivision do not apply when traffic is controlled by a peace officer or a person authorized to control traffic under section 169.06. Subd. 5. Carrying articles. No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars or from properly operating the brakes of the bicycle. Subd. 6. Bicycle equipment. (a) No person shall operate a bicycle at nighttime unless the bicycle or its operator is equipped with (1) a lamp which emits a white light visible from a distance of at least 500 feet to the front; and (2) a red reflector of a type approved by the Department of Public Safety which is visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A bicycle equipped with lamps that are visible from a distance of at least 500 feet from both the front and the rear is deemed to fully comply with this paragraph. (b) No person may operate a bicycle at any time when there is not sufficient light to render persons and vehicles on the highway clearly discernible at a distance of 500 feet ahead unless the bicycle or its operator is equipped with reflective surfaces that shall be visible during the hours of darkness from 600 feet when viewed in front of lawful lower beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective materials on each side of each pedal to indicate their presence from the front or the rear and with a minimum of 20 square inches of reflective material on each side of the bicycle or its operator. Any bicycle equipped with side reflectors as required by regulations for new bicycles prescribed by the United States Consumer Product Safety Commission shall be considered to meet the requirements for side reflectorization contained in this subdivision. (c) A bicycle may be equipped with a front lamp that emits a white flashing signal, or a rear lamp that emits a red flashing signal, or both. (d) A bicycle may be equipped with tires having studs, spikes, or other protuberances designed to increase traction. (e) No person shall operate a bicycle unless it is equipped with a rear brake or front and rear brakes which will enable the operator to make a braked wheel skid on dry, level, clean pavement. A bicycle equipped with a direct or fixed gear that can make the rear wheel skid on dry, level, clean pavement shall be deemed to fully comply with this paragraph. Official Publication of the State of Minnesota Revisor of Statutes Page 409 of 447 MINNESOTA STATUTES 2024 169.222 (f) A bicycle may be equipped with a horn or bell designed to alert motor vehicles, other bicycles, and pedestrians of the bicycle's presence. (g) No person shall operate upon a highway any two -wheeled bicycle equipped with handlebars so raised that the operator must elevate the hands above the level of the shoulders in order to grasp the normal steering grip area. (h) No person shall operate upon a highway any bicycle which is of such a size as to prevent the operator from stopping the bicycle, supporting it with at least one foot on the highway surface and restarting in a safe manner. Subd. 6a. Electric -assisted bicycle; riding rules. (a) A person may operate an electric -assisted bicycle in the same manner as provided for operation of other bicycles, including but not limited to operation on the shoulder of a roadway, a bicycle lane, and a bicycle route, and operation without the motor engaged on a bikeway or bicycle trail. (b) A person may operate a class 1 or class 2 electric -assisted bicycle with the motor engaged on a bicycle path, bicycle trail, or shared use path unless prohibited under section 85.015, subdivision Id; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph (b), as applicable. (c) A person may operate a class 3 electric -assisted bicycle or multiple mode electric -assisted bicycle with the motor engaged on a bicycle path, bicycle trail, or shared use path unless the local authority or state agency having jurisdiction over the bicycle path or trail prohibits the operation. (d) The local authority or state agency having jurisdiction over a trail or over a bike park that is designated as nonmotorized and that has a natural surface tread made by clearing and grading the native soil with no added surfacing materials may regulate the operation of an electric -assisted bicycle. (e) A person under the age of 15 must not operate an electric -assisted bicycle. Subd. 6b. Electric -assisted bicycle; equipment. (a) The manufacturer or distributor of an electric -assisted bicycle must apply a label to the bicycle that is permanently affixed in a prominent location. The label must contain the class number, top assisted speed, and motor wattage of the electric -assisted bicycle, and must be printed in a legible font with at least 9-point type. A multiple mode electric -assisted bicycle must have labeling that identifies the highest class or each of the electric -assisted bicycle classes in which it is capable of operating. (b) A person must not modify an electric -assisted bicycle to change the motor -powered speed capability or motor engagement so that the bicycle no longer meets the requirements for the applicable class, unless: (1) the person replaces the label required in paragraph (a) with revised information; or (2) for a vehicle that no longer meets the requirements for any electric -assisted bicycle class, the person removes the labeling as an electric -assisted bicycle. (c) An electric -assisted bicycle must operate in a manner so that the electric motor is disengaged or ceases to function: (1) when the brakes are applied; or (2) except for a class 2 electric -assisted bicycle or a multiple mode electric -assisted bicycle operating in class 2 mode, when the rider stops pedaling. (d) A class 3 electric -assisted bicycle or multiple mode electric -assisted bicycle must be equipped with a speedometer that displays the speed at which the bicycle is traveling in miles per hour. Official Publication of the State of Minnesota Revisor of Statutes Page 410 of 447 169.222 MINNESOTA STATUTES 2024 (e) A multiple mode electric -assisted bicycle equipped with a throttle must not be capable of exceeding 20 miles per hour on motorized propulsion alone in any mode when the throttle is engaged. Subd. 7. Sale with reflectors and other equipment. (a) No person shall sell or offer for sale any new bicycle unless it is equipped with reflectors and other equipment as required by subdivision 6, paragraphs (b) and (e) and by applicable regulations for new bicycles prescribed by the United States Consumer Product Safety Commission. (b) Notwithstanding paragraph (a), a new bicycle may be sold or offered for sale without pedals if the bicycle otherwise meets the requirements of paragraph (a). Subd. 8. Turning, lane change. An arm signal to turn right or left shall be given continuously during the last 100 feet traveled by the bicycle before turning, unless the arm is needed to control the bicycle, and shall be given while the bicycle is stopped waiting to turn. Subd. 9. Bicycle parking. (a) A person may park a bicycle on a sidewalk unless prohibited or restricted by local authorities. A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic. (b) A bicycle may be parked on a roadway at any location where parking is allowed if it is parked in such a manner that it does not obstruct the movement of a legally parked motor vehicle. Subd. 10. Bicycle events. (a) Bicycle events, parades, contests, or racing on a highway shall not be unlawful when approved by state or local authorities having jurisdiction over that highway. Approval shall be granted only under conditions which assure reasonable safety for all participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users. (b) By agreement with the approving authority, participants in an approved bicycle highway event may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users. Subd. 11. Peace officer operating bicycle. The provisions of this section governing operation of bicycles do not apply to bicycles operated by peace officers while performing their duties. History: 1978 c 739 s 12; 1986 c 444; 1987 c 255 s 14; 1993 c 326 art 4 s 2; art 7 s 2; 1995 c 72 s 2; 2012 c 287 art 3 s 29-31; art 4 s 20; 2013 c 127 s 31-34; 1 Sp2021 c 5 art 4 s 57-60; 2023 c 68 art 4 s 47, 48; 2024 c 127 art 3 s 55-57 Official Publication of the State of Minnesota Revisor of Statutes Page 411 of 447 MINNESOTA STATUTES 2024 169.225 169.225 MOTORIZED FOOT SCOOTER. Subdivision 1. Application of traffic laws. Every person operating a motorized foot scooter shall have all rights and duties applicable to the operator of a bicycle, except in respect to those provisions relating expressly to motorized foot scooters and in respect to those provisions of law that by their nature cannot reasonably be applied to motorized foot scooters. Subd. 2. Sidewalk and passenger prohibition. No person may operate a motorized foot scooter upon a sidewalk, except when necessary to enter or leave adjacent property. No person may operate a motorized foot scooter that is carrying any person other than the operator. Subd. 3. Minimum age for operator. No person under the age of 12 years may operate a motorized foot scooter. Subd. 4. Protective headgear. No person under the age of 18 years may operate a motorized foot scooter without wearing properly fitted and fastened protective headgear that complies with standards established by the commissioner of public safety. Subd. 5. Required lighting equipment. A motorized foot scooter must be equipped with a headlight and a taillight that comply with standards established by the commissioner of public safety if the vehicle is operated under conditions when vehicle lights are required by law. Subd. 6. Operation requirements and prohibitions. (a) A person operating a motorized foot scooter on a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway, except in the following situations: (1) when overtaking and passing another vehicle proceeding in the same direction; (2) when preparing for a left turn, in which case the operator shall stop and dismount at the right-hand curb or right edge of the roadway, and shall complete the turn by crossing the roadway on foot, subject to restrictions placed by law on pedestrians; or (3) when reasonably necessary to avoid impediments or conditions that make it unsafe to continue along the right-hand curb or edge, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes. (b) A person may operate a motorized foot scooter on a bicycle path, bicycle lane, bicycle trail, or bikeway that is not reserved for the exclusive use of nonmotorized traffic, unless the local authority or governing body having jurisdiction over that path, lane, trail, or bikeway prohibits operation by law. History: 2005 c 135 s 6 Official Publication of the State of Minnesota Revisor of Statutes Page 412 of 447 s electric personal motorized foot electric bikes motorized bicycle mobility device scooter class 1, 2 & 3 and e-motorcycles Page 413 of 447 Cal Portner From: David Anderson <danderson@cretex.com> Sent: Monday, September 22, 2025 3:15 PM To: Jeff Shelby <JShelby@ElkRiverMN.gov>; Joe Stremcha <JStremcha@ElkRiverMN.gov>; Cal Portner <CPortner@ EI kRiverM N.gov> Cc: John Dietz (johndietz2013@gmail.com) <johndietz2013@gmail.com> Subject: FW: Online Form Submittal: Send John Dietz an Email Afternoon, I am forwarding a communication that Bill Lazarz sent to me after sending to John in the event it doesn't make it to you. (Bottom of this note) I started writing a note on the same subject earlier, but never got it finished. Following is a shortened version of my note. Like many other trails in the state, we have an issue with Class 2(throttle only so they are essentially an electric motorcycle) and Class 3 E bikes(can go 28mph which is considered too fast) on our paved, unpaved and mountain bike trails, but we can reserve most of this complex discussion for another day. This communication relates the growing issue of other battery operated E-scooters, E-one wheel scooters, E skate boards, E motorcycles(different from Class 2 E bikes), golf carts, ATVs and motorcycles(gas powered) on our non - motorized paved and green trails. The rapid growth of these types of vehicles seems to have lead to a good deal of confusion on where their use is permitted. I, myself, am confused. Our linear trail system was built on the premise of human powered movement of people, young and old, for fun, exercise and non -motorized transportation routes to schools, parks and other destinations. In areas where trails pass through more natural areas, our trails are an important connection to our natural world. Class 1 E bikes are an important way that our seniors can continue to enjoy the benefits of trails (exercise included because they require pedaling to move) and can only travel to speeds of 20 mph. Prior to the advent(and now affordability for many models) of the battery powered versions of scooters and motorcycles we had very few motorized issues on our trails. Now they are everywhere. I see them daily on our sidewalks, streets and trails. In that last several weeks, I have seen each of the vehicle types mentioned above except for ATV's and gas powered motorcycles on our trails. I see the smaller a scooters on our trails almost every time I am on the trails. I have seen electric motor cycles (not e-bikes) on two different occasions. The first time there were two of them traveling together on August 3rd. They entered onto the GNT via the trail coming from 195t" Cir NW. They almost clipped a youth on a bicycle as the entered onto the trail. They were traveling north at a very high rate of speed. The second time was last Thursday when I was heading out to drop a load of chips the green trails. An e motorcycle pulled out of the same trail junction and was swerving back and forth and popping wheelies behind the truck as he was waiting Page 414 of 447 to pass. I pulled over, he passed and headed north, again at a very high rate of speed. I have a photo that can be best sent as a text. I have seen what I would call high performance a scooters on two different occasions traveling through Woodlands and on the GNT. Not sure how fast it can go, but is seem to go very fast. I have a photo, again that can be better sent as a text, that was taken when traveling back to shop after mowing green trails at Woodlands. This photo is on the Co Rd 1 trail. On this same evening, he passed through Woodlands 3 times. Many times the battery powered vehicles swerve abound other human powered users without slowing. I fear for the safety (and enjoyment) of our trail users who now have to share the trails with seemingly more and more battery operated vehicles. In the olden days, I would have chatted with these folks, but resisted (which is hard for me to do). Many years ago when the trails were first turned into non -motorized trails we had considerable carry over of motorized usage which as stopped by trail users. I (and the commission) would welcome being involved in a conversation of how deal with this issue. Thanks Dave From: Bill Lazarz Sent: Monday, September 22, 2025 9:36 AM To: David Anderson Subject: Fw: Online Form Submittal: Send John Dietz an Email Hi Dave, Please see the email below I sent to the mayor regarding the safety risk with e-motorcycles on the Great Northern Trail. Thanks, Bill Lazarz 651-325-5695 ----- Forwarded Message ----- From: noreply _civicplus.com <noreply _civicplus.com> To: Sent: Monday, September 22, 2025 at 09:34:38 AM CDT Subject: Online Form Submittal: Send John Dietz an Email Send John Dietz an Email TO: John Dietz First Name William Page 415 of 447 Last Name Lazarz Reply Email Address Subject E-motorcycles (Section Break) Comments There seems to be an increased amount of electric motorcycles on our City sidewalks and trails. In particular, their use on the Great Northern Trail and the grass trails in Woodlands Park has been problematic. On both Saturday and Sunday, my daughter and I saw three separate e-motorcycles on the paved trail. The motorcycles were traveling at high rates of speed and doing wheelies down the paved trail. In addition, one of the motorcycles drove past the "no bicycles" sign and was doing Loops on the Hackberry grass trail. As I am a frequent walker with my dog and family on this trail, the e-motorcycles are creating a serious safety risk to the walkers, runners and bikers using the trail. I request the City to increase patrols and signage on the trail and remind people that motorcycles are not allowed on the paved or grass trails. Thankyou, Bill Lazarz Disclaimer Information submitted is considered public data. A In the interestF, of the environment, please print only if necessary and recycle CONFIDENTIAL COMMUNICATION: This e-mail and any attachments accompanying this transmission may contain confidential information that is subject to the terms of the confidentiality agreement between you and Cretex Companies, Inc. or may contain privileged information, and are intended for the sole use of the intended recipient. If you are not the intended recipient, please notify the sender of the error in transmission and immediately delete or destroy the e-mail, all attachments, and any copies thereof. Thank you. Page 416 of 447 CHAPTER 76: REGULATION OF ELECTRIC -ASSISTED BICYCLES, MOTORIZED RECREATION VEHICLES, AND Commented[RH1]: See comment below regarding Section 74-181,which also addresses ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES and defines"recreation at motor vehicles" ON PAVED CITY TRAILS § 76.01. DEFINITIONS. (A) Electric -Assisted Bicycle. The term "electric -assisted bicycle" shall have the meaning ascribed to it in Minnesota Statutes Section 169.011, Subdivision 27, as amended. This definition includes all Class 1, Class 2, and Class 3 electric -assisted bicycles, as defined in Minnesota Statutes Section 169.011. Subdivisions 15a. 15b and 15c, with factory installed fully functional pedals. this definition does not include vehicles resembling electric -assisted bicycles equipped with an electric (B) Motorized Foot Scooter. The term "motorized foot scooter" shall mean any m^te4z&4foot scooter with handlebars, designed to be stood or sat on, and powered by an electric motor able to propel the device with or without human assistance. I(C) Motorized Recreation Vehicle (MRV). �ny motorized vehicle which is not defined as an electric -assisted bicycle, motorized wheelchair, or snowmobile under Minnesota Statutes, and which is designed for recreational use. This shall include, but not be limited to, vehicles t"mot roromhlo resembling electric -assisted bicycles but -that are equipped with an electric motor with a power output that exceeds toe 750 watt watts meter power limit or capable of providing assistance when the vehicle reaches a speed that exceeds th-e-28 miles per hour maxim„m ssISted speed limit (D) Electric Personal Assistive Mobility Device (EPAMD). The term "EPAMD" shall have the meaning ascribed to it in Minnesota Statutes Section 169.011, Subdivision 2726, as amended. I(E) Internal Combustion Powered Devices. The term "internal combustion powered devices" shall mean any device that is intended to be used for recreational purposes, including but not limited to scooters, bicycles, and skateboards, that is powered by an internal combustion engine. Commented [RH2]: If you adopted the proposal described below and removed the MRV definition, you could consider adding to this proposed language to clarify that e-bikes don't include those with over 750-watt motors or those capable of assist over 28 mph, as reflected in the MRV definition. Commented [RH3]: I wonder if this could be a little confusing with the fact Section 74-181 separately defines and addresses "Recreational motor veh icle." These are defined as: "any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including, but not limited to, snowmobiles, trail bikes or other all -terrain vehicles, hovercraft, or motor vehicles licensed for highway operation which are being used for off -road recreational purposes." See my comment provided alongwith Section 76.04 proposing alternative language, which if adopted could potentially accomplish the same outcome without needing the MRV definition. Commented [RH4]: I would suggest cutting - I'm not sure this needs to be a defined term. Page 417 of 447 (F) Paved City Trail. The term "Paved City Trail" shall mean any designated bicycle trail, bikeway, multi -use trail, or shared -use trail which is surfaced with asphalt, concrete, or similar hard material, and is located upon public land and under the ownership, jurisdiction, or maintenance of the City of Elk River. For the purposes of this Chapter, the term specifically excludes streets, highways, and public sidewalks. § 76.02. cPGGn 1 1RAITATinnicOPERATION ON PAVED CITY TRAILS. (A) Applicability. This section shall govern the operation of electric -assisted bicycles, motorized foot scooters, and Electric Personal Assistive Mobility Devices (EPAMDs) exclusively upon any Paved City Trail. The operation of such vehicles on streets, highways, or public sidewalks shall be governed by other applicable City Code provisions and Minnesota Statutes, Chapter 169. (B) Maximum Speed Limit. No person shall operate an electric -assisted bicycle, motorized foot scooter, or EPAMD upon any Paved City Trail at a rate of speed in excess of 20 miles per hour (mph). This speed restriction shall apply regardless of the maximum assisted speed authorized by Minnesota Statute for the class of electric -assisted bicycle being operated. (C) Reasonable and Prudent Speed. Notwithstanding the maximum speed limit established in subsection (B), the operator of an electric -assisted bicycle, motorized foot scooter, or EPAMD shall at all times operate the vehicle at a speed that is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, including, but not limited to, the trail surface conditions, trail width, sight diStaReevisibility, and the presence of pedestrians or other trail users. (D) Yielding to Others. The operator of an electric -assisted bicycle, motorized foot scooter, or EPAMD must at all times yield the right-of-way to all pedestrians Nand other ^^^-motorized trail users operating non -motorized devices or vehicles. The operator of an electric -assisted bicycle, motorized foot scooter, or EPAMD shall decrease speed and give an audible signal before overtaking and passing any person proceeding in the same direction. Page 418 of 447 § 76.03. OPERATION ON UNPAVED TRAILS, SIDEWALKS. GRASS AREAS, PLAYGROUNDS, AND SKATE PARKS (A) General Prohibition. The operation of any electric -assisted bicycle (includin Class 1, Cia« 2 and Class 3), motorized foot scooter, or EPAMD shall be strictly prohibited on any unpaved, natural surface, grass, or dirt trails, public Lsidewalks� Commented [RH5]: Added sidewalks. with this playground (including nature play areas), skate parks, and on any unimproved park addition, this might also take care of concerns about operating in the downtown district, or would land or grass area located within the City of Elk River. the city alsowantto regulate a -bikes operating on the streets within the downtown district? (B) Exception for Hillside Park. Notwithstanding the general prohibition in subsection (A), only Class 1 electric -assisted bicycles are permitted for use on the designated, unpaved recreational trails located within Hillside Park. (C) Continued Prohibition. The prohibition established in subsection (A) shall continue to apply to the operation of Class 2 and Class 3 electric -assisted bicycles, motorized foot scooters, and EPAMDs within Hillside Park. § 76.04. PROHIBITION OF OTHER MOTORIZED RECREATION -VEHICLES AND INTERNAL COMBUSTION POWERED DEVICESU Notwithstanding any other provision of this Chapter, the operation of any Motorized Recreation Vehicle (MRV) or any device powered by an internal combustion engine other than a as .defined in s 7-6.01(C) and the epeFatieR of an" Intern -al Combustion Dowered Device s .dofined- in S 7601(E) Is strictly prohibited on all Paved City Trails, all unpaved, natural surface, grass, or dirt trails, public sidewalks, any playground (including nature play areas), skate parks, and any unimproved park land or grass area located within the City of Elk River. § 76.05. GENERAL EXCLUSIONS. The regulations and prohibitions set forth in this Chapter shall not apply to the operation of any manual or motorized wheelchair, scooter, tricycle, or similar device used by a disabled person as a substitute for walking. Commented [RH6]: Here is proposed alternative language that would seem to accomplish the same goal, and allowyou to avoid using the defined MRV term, which could be confusing in light of what I noted regarding Section 74-181 ("recreation motor vehicles"): Notwithstanding any other provision of this Chapter, the operation of any motorized vehicle or device other than an electric -assisted bicycle, motorized foot scooter, or EPAMD, including any vehicle or device powered by an internal combustion engine, is strictly prohibited on all Paved City Trails, unpaved trails, playgrounds (including nature play areas), skate parks, public sidewalks, unimproved, natural surfaces, or grass areas located within the City of Elk R ive r. Page 419 of 447 § 76.06. VIOLATION AND PENALTY. (A) Violation. Any person violating any provision of this chapter shall be guilty of a petty misdemeanor. (B) Enforcement. The Elk River Police Department, or any authorized Code Enforcement Official, shall have the authority to enforce the provisions of this chapter. Page 420 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Northbound Capital Improvements Item Number 10.2 Prepared By Joe Stremcha, Business Services Director/Assistant City Administrator Reviewed by Cal Portner Tina Allard Action Requested Discuss Northbound liquor store capital improvement needs. Background/Discussion The consensus from the City Council Work Session on December I, 2025, was to reconsider the construction of a new Northbound liquor store. The Council will have a tour of the existing store at 4:30 p.m. on Monday, December 15. Financial Impact The 2026 - 2030 Capital Improvement Plan includes $8,500,000 for the construction of Northbound/Cannabound. This includes all hard construction costs, FF&E, and soft costs for design and engineering. The project will be funded with performance bonds, and the costs are expected to be finalized this spring once the project is bid. The Liquor Fund will be used to repay the bonds over a 20-year to 25-year term based on interest rates. Mission/Policy/Goal Meet changing needs - agile. Attachments I. Item 10.2 Building Figures Handout 2. Last 5 Years in Sales and Profits Handout The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T engagement that encourages and inspires prosperityI In 447 Nov 2023 figures Factor Building Sale Price Future CIP (Current — 2043) Details Valuation (Negotiable, County EMV = $1,115,000) $1,200,000 Elevator (updates, maintenance, etc.) $350,000 Cooler Replacement $300,000 Parking Lot Reconstruction (new curb, bituminous, etc.) $250,000 Exterior Window Replacement $100,000 Exterior Doors/Vestibule Improvements $150,000 Interior Finishings (flooring, shelving, etc.) $175,000 Plumbing Updates $150,000 Sidewalk and Landscaping $50,000 Monument Signage $100,000 Operational Efficiencies Potential Work Comp Claims (related to stair usage) Unknown Improved Workflow (saving time moving product sans Unknown elevator) Energy Efficient Building (HVAC, solar, etc.) Unknown Expanded Hemp -Based THC Salesfloor Space (cannabis?) Unknown Total Offer Value $2,825,000+ New Build Construction $3,500,000 Page 422 of 447 2025 (January 1- December 15) Sales: $5,461,438.72 Profit: $1,650,381.54 (30.22%) Projected to make approximately $400,000 more in sales through the end of the year. 2024 Sales: $5,503,663.84 Profit: $1,589,695.80 (28.88%) 2023 Sales: $4,799,739.32 Profit: $1,337,883.74 (27.87%) 2022 Sales: $5,596,846.30 Profit Numbers Unavailable — Switched POS 2021 Sales: $5,956,806.91 Profit Numbers Unavailable — Switched POS 2020 Sales: $5,451,145.42 Profit Numbers Unavailable — Switched POS Page 423 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Vehicle Acquisition and Replacement Policy Manual Item Number 10.3 Prepared By Mitchell Litfin, Street and Park Superintendent Reviewed by Justin Femrite Cal Portner Tina Allard Action Requested Discuss and provide direction on the updated Vehicle Acquisition and Replacement Policy. Background/Discussion Over the past several months, staff have been evaluating and updating the Vehicle Acquisition and Replacement Policy. Several departments have contributed information on current conditions, challenges, and potential approaches. The purpose of this work session item is to summarize findings and gather initial Council feedback before developing formal recommendations. Financial Impact There is no immediate financial impact associated with this item. Mission/Policy/Goal Responsible for every dollar - good stewards Attachments 1. Vehicle Acquisition and Replacement Policy Showing Tracked Changes 2025 2. Vehicle Acquisition and Replacement Policy Final The Elk River Vision A nvelcoming community zvitb revolutionary and spirited resourcefulness, exceptional service, and community p 0 M E R E 0 @jNPJL)Rfl447 engagement that encourages and inspiresprosperity City E Vehicle Acquisition and Replacement Policy Manual 13065 Orono Parkway Elk River, MN 55330 763.635.1000 E1kRiverMN.gov POWEREBy NAfUD Page 425 of 447 Vehicle Acquisition and Replacement Policy Purpose P irnnco anrd Reed fnr p4k-c i The City of Elk River Peet Cemmittee h4aintenanre Department philosophy is to establishes this policy to -aPA-guide in the mamaintenance of a fleet `^ that supports the services provided to ^ it ISt^mresidents. The BvPr;;II-management of the city vehicle fleet-s is the responsibility of the Public Works Department as delegated to the Public Works Supervisor in collaboration with variews, city departments. 4 cignificapvt ne Public Works Supervisor is Tho Public Works S i9e-Bjcnr is part of this responsible for the ility is t^ once ire effective planning for the purchase, replacement, and assignment of all city vehicles. Coordination of vehicle purchases, replacements, and reassignments will be done by the respective city department -designated representatives and in Peet inmmittoo Public Works SuperyiiseY in conformity with city policy and the vehicle and equipment replacement schedule@ &uideline. The purpose of this policy is to establish standard replacement schedule guidelines rt" for vehicles of similar types and use. -The Public Works Director and Public Works Supervisor shall r The Clout rnmmirtee ,kill be responsible for G^ntg managing the fleet &wand coordinating any changes in the replacement schedule. The city's MFleet Services staff provide integral information for p,#-af-the process including ; tho Me =hani, ,mill not o„Rli 19to tho ReGeScity of regestsbut may providesuggestions Anthe vehicle maintenance history, mechanical condition, and alternative solutions that to meet 96ir service needs. The standard guidelines for our replacement schedule by type- ofyehii lovehicle type +care as follows: Dept/Division Vehicle Police Type ofService Benchmark to evaluate for replacement & re -purpose Police Investigation/Adn-iin 2 was 1 7 Was 6 Police Squad Cars 5 was 1 5 Was 4 ATV/UTV *NEW* 1 20 SWAT Van *NEW* 1 15-20 CSO Trucks 2 8 Was 6 Special Operations Truck MRAP 1 25-Was 20 Bld Main g 34- XR4g-r...,r�_ * r rrR.7 OFF-* 47 9 1 Ton Truck 3 10-12 Was 7-10 1 Ton Utility 3 10-12 Was 7-10 21Page Page 426 of 447 Utility Tractor (Ventrac 4500) 2 was 3 10-12 Was 12-15 JD Gator/UTV 3 Use Repurposed was NA 3 4-5 Genie Lift 3 was 2 15 was 12-15 GS Man Lift 2 was 5 12 — 15 JLG Triple, L Trailer *NEW* 1 20-25 Code Compliance Building Safety Vehicles 5 was 1 12 —15 was 10 Fire Engine 3 25 Rescue Units 3 25 was 20 Command Vehicles 3 was 2 10 Was 7 Fire Prevention/Support Truck 2 was 1 25 was 15 Grass Rigs 1 was 3 20 Was 15 Ladder 3 25 Tender 3 was 5 25 was 20 ATV/UTV *NEW* 1 20 *NEW* *NEW* *NEW* Light Duty Trailer (UTV) *NEW* Fire Prevention Trailer (Escape) Live Burn Trailer 1 30 1 1 30 30 *NEW* Incident Support Trailer 1 30 *NEW* Vent Prop Trailer 1 30 Dept/Division Vehicle Type ofSenice Rep] Cycle (Yrs) Parks 1142 TrdEk *T— l" BEN OP* 2 7 i9 3/4 Ton Truck 3 10-12 Was 7-10 1-2 Ton Trucks 3 10-12 Was 7-10 Ballfield Maintenance Equip 4 10 Heavy Duty Trailers 3 20 Was 10-12 Light Duty Trailers 3 20 Was 10-12 Sidewalk Machines 5 8-10 Small Mowers 5 5-7 Snowmobiles 3 10-12 Was 3-5 Sprayer 3 20 Tractor Attachments 3 10-15 Tractors 3 10-15 Mini Skid *NEW* 1 15-20 Utility ATV 3 6-8 Was 8-10 Field Painter *NEW* 2 10 Wide Area Mowers 5 5 — 7 Streets Air Compressor 2 15-20 Asphalt Roller 2 7-10 Brush Clipper 5 7-10 Cold Mill 5 15-20 WAS 7 —10 3 1 P a g e Page 427 of 447 Crack -filling Kettle 5 7-10 Forklift 3 15-20 Heavv Trucks 5 12 — 15 14 'r..., *TAKEN � 2 7-4-0 3/4 Ton Truck 3 10-12 Was 7-10 1-2 Ton Trucks 3 10-12 Was 7-10 Loader Mounted Blower 5 12-15 Was 25 Loaders 5 12-15 Motor Grader 4 20 — 30 Patch Trailer 5 7-10 Skid Steer Loaders 5 12 Was 10 Sweepers 5 10 Tandem Axle Trailer *NEW* 1 20-25 Single Axle Trailer *NEW* 1 20-25 Streets Vac Trailer *NEW* 3 15-20 Pavement Cutters *NEW* 3 7-10 15 20 Tractor 3 15 -20 Arena Ice Resurface 3 10 Cable/Admin Cars I Use Repurposed Was 10 WWTP 3/4 Ton Truck 2 was 3 10-12 Was 7-10 1 Ton Truck 3 10-12 Was 7-10 Tool Cat *NEW* 2 12 Golf Cart *NEW 1 15-20 Toro Workman 1 15-20 Jet Truck 5 17 — 20 Tractor 3 15-20 was 10-12 All vehicle purchases, replacements, and reassignments must be coordinated with the Weet C^e-Public Works Supervisor to ensure proper tracking, budgeting, and operational alignment. a. The Peet C--A-rftee The Public Works Supervisor and Department o Heads Directors/Division Managers will meet re-gul 3-r*annually each June �r� beginniRg e44 to review the Capital Improvement Plan for accuracy and note changes.capital imnrC)VeMents nlnnniRg nrni-oss nnrd aftor tl-,o find budget is nnnreyed bStandard color options for all passenger vehicles w&Shall be Wwhite, Bblue or Bblack 41Page Page 428 of 447 for ease of repurposing and resale unless ak4approved b" S 1 orthe City Administrator. c. New vehicle additions to the fleet will be budgeted for in the respective department budget for the purchase year and added to the Capital Replacement Schedule • New vehicle addition replacement values are amortized over the expected vehicle service cycle. • The appropriate amortized vehicle replacement chargeback added to the respective budget. d. Vehicles meeting their service cvcle may be repuroosed by another department/division with a differing service need. • Repurposed vehicles assigned for the replacement of a previously assigned repurposed vehicle shall not be placed on an amortization schedule. • Repurposed vehicles requested for initial assignment shall incur an amortization schedule of no more than three vears to account for the decrease in auction/resale value to the Equipment Replacement Fund. Vie. The Finance Qi�Division will coordinate all additions and revisions to the te-410--year vehicle and equipment replacement plan with the Public Works Supervisor - Peet ('^mmittee as part of the CEapital +Improvement-s planning process. The Pleet r^rPublic Works Supervisor will accumulate all requests and submit the te4410- year vehicle and equipment replacement schedule, list of additions and revisions, and any other suggestions to the Finance D�Division. The City AAdministrator will have final approval to all vehicle and equipment purchases and recommendation to the City Council for approval. �f_Repurposed assets will be kept in their spec maintained for a minimum of four 4) years before they are scheduled for replacement with another repurposed asset-ag4k4. 4-.g Asset reconditioning will be utilized where available_ �-- h. State contracts will be the standard method for asset purchases; other procurement options may also be considered. 51Page Page 429 of 447 Meehan* * Vehicle Evaluation Form Dept: Date: Vehicle #: Year: Make: Emergency Equipment? Y/N Miles/Hrs.: Model: Current Score Projected Score Future — Other Dept. or Auction? Age Usage Type of Service Condition Repair Costs Total Repair Costs: $ Purchase Price: $ Specialties (decals, computers, accessories, etc.) $ Projected Mileage: Reliability: Very Good (= Good Q Fair = Dispose/Flag File Q Evaluated by: Point Ranges: Under 21 points 21 — 25 points 25 — 30 points 31 points and up Condition I Very Good Condition II Good Condition III Fair Condition IV Disposal 6 1 P a g e Page 430 of 447 The City of Elk R*y4e-- Vehicle €Evaluation Form Explained The Vehicle Replacement Chart serves as a guide „nI„ W s„gg-e for when a vehicle/ er nib r equipment m is due for replacement. %Nhen ;; .nit appears on the chart as a petentialh, Fea dy fnr Pep Iaromont aFleet Services Mewill complete ;; detailed!yehide the evaluation based on criteria for replacement of t#€�vehicles/equipment and will present it to the Public Works Supervisor and Public Works Director prior to final replacement/disposition. The evaluation is based on the following criteria: • Age= One point for each year of chronological age, based on in-service date. • Usage: Odometer- based vehicles=one point per 10,000 miles Odometer- based small equipment=one point per 500 miles Hour Mmeter--based- small equipment=one point per 325 hours Hour --meter- based large truck/equipment=one point per 750 hours • Type of service. - Score 1_4a5 points based on the type/level of service the vehicle/equipment receivesi4.e. (1) for administrative vehicles or light use, (3) for medium use, and (5) for patrol car or heavy use • Condition: This score +rscale4 from 1 _4a5 h'�is based on the inspection of the body, underbody and structural members, rust, interior, condition, a review of accident and repair history, any operational problems and anticipated major repairs within the next budget year. A score of t5) would be in very poor condition with high expectations for major future expenses. • Repair costs. - Score 14a=5 points are as -signed based on the total life -to -date (LTD) repair costs (excluding "non - normal -"-repairs) and the original purchase price of the vehicle/equipment. A �51 is scored for a vehicle/equipment whose LTD repair costs exceed the original purchase price. A score of i 1) is Rion t„ye-hicle/eq iinment whose signifies LTD repair costs are 20% or less of the original purchase price: t2) for 40%, 3 for 60%, �41 for 80%. • Reliability: 71Page Page 431 of 447 The vehicle or equipment will be based on unscheduled repairs and will be factored +R- independently based on the fleet maintenance records. Point Ranges: Under 21 Points Condition I Excellent 21 to 25 Points Condition II Good 26 to 30 Points Condition III Qualifies for Replacement 31 points and above Condition IV Needs Immediate Consideration A,dopted by: On (date) Item # Updated Aug/SEP 2025 8 1 P a g e Page 432 of 447 City E Vehicle Acquisition and Replacement Policy Manual 13065 Orono Parkway Elk River, MN 55330 763.635.1000 E1kRiverMN.gov POWEREBy NAfUD Page 433 of 447 Vehicle Acquisition and Replacement Policy Purpose The City of Elk River establishes this policy to guide in the maintenance of a fleet that supports the services provided to residents. The management of the city vehicle fleet is the responsibility of the Public Works Department as delegated to the Public Works Supervisor in collaboration with city departments. The Public Works Supervisor is responsible for the effective planning for the purchase, replacement, and assignment of all city vehicles. Coordination of vehicle purchases, replacements, and reassignments will be done by the respective city department -designated representatives and in conformity with city policy and the vehicle and equipment replacement schedule guidelines. The purpose of this policy is to establish standard replacement schedule guidelines for vehicles of similar types and use. The Public Works Director and Public Works Supervisor shall be responsible for managing the fleet and coordinating any changes in the replacement schedule. The city's Fleet Services staff shall provide integral information for the process including vehicle maintenance history, mechanical condition, and alternative solutions to meet service needs. The standard guidelines for our replacement schedule by vehicle type are as follows: Dept/Division Vehicle Type ofService Rep, Cycle (Yrs) Parks 3/4 Ton Truck 3 10-12 1-2 Ton Trucks 3 10-12 Ballfield Maintenance Equip 4 10 Heavy Duty Trailers 3 20 Light Du", Trailers 3 20 Sidewalk Machines 5 8-10 Small Mowers 5 5-7 Snowmobiles 3 10-12 Sprayer 3 20 Tractor Attachments 3 10-15 Tractors 3 10-15 Mini Skid 1 15-20 Utill", ATV 3 6-8 Field Painter 2 10 Wide Area Mowers 5 5-7 Streets Air Compressor 2 15-20 Asphalt Roller 2 7-10 Brush Clipper 5 7-10 21Page Page 434 of 447 Streets Cold Mill 5 15-20 Crack -filling Kettle 5 7-10 Forklift 3 15-20 Heavy Trucks 5 12-15 3/4 Ton Truck 3 10-12 1-2 Ton Trucks 3 10-12 Loader Mounted Blower 5 12-15 Loaders 5 12-15 Motor Grader 4 20-30 Patch Trailer 5 7-10 Skid Steer Loaders 5 12 Sweepers 5 10 Tandem Axle Trailer 1 20-25 Single Axle Trailer 1 20-25 Streets Vac Trailer 3 15-20 Pavement Cutters 3 7-10 Tractor 3 15-20 Arena Ice Resurface 3 10 Cable/Admin Cars 1 Use Repurposed TP 3/4 Ton Truck 2 10-12 1 Ton Truck 3 10-12 Jet Truck 5 17-20 Tractor 3 15-20 Tool cat 2 12 Golf Cart 1 15-20 Toro Workman 1 15-20 Police Police Investigation/Admin 2 7 Police Squad Cars 5 5 ATV/UTV 1 20 SWAT Van 1 15-20 CSO Trucks 2 8 MRAP Special OPS Truck 1 25 Bldg Main 1 Ton Truck 3 10-12 1 Ton Utility 3 10-12 UTV 3 Use Repurposed Genie Lift 3 15 GS Man Lift 2 12-15 LG Tri le , L Trailer 1 20-25 Code Compliance Building Safety Vehicles 1 12-15 Fire Engine 3 25 Tender 3 25 ATV/UTV 1 20 Light Duty Trailer 1 30 Fire Prevention Trailer (Escape) 1 30 Live Burn Trailer 1 30 3 1 P a g e Page 435 of 447 Fire Incident Support Trailer 1 30 Vent Prop Trailer 1 30 Ladder 3 25 Rescue Units 3 25 Command Vehicles 3 10 Fire Prevention /Support Truck 2 25 Grass Rigs 1 20 Procedures All vehicle purchases, replacements, and reassignments must be coordinated with the Public Works Supervisor to ensure proper tracking, budgeting, and operational alignment. a. The Public Works Supervisor and Department Directors/Division Managers will meet annually each June to review the Capital Improvement Plan for accuracy and note changes. b. Standard color options for all passenger vehicles Shall be white, blue or black for ease of repurposing and resale unless approved by the City Administrator. c. New vehicle additions to the fleet will be budgeted for in the respective department budget for the purchase year and added to the Capital Replacement Schedule • New vehicle addition replacement values are amortized over the expected vehicle service cycle. • The appropriate amortized vehicle replacement chargeback added to the respective budget. d. Vehicles meeting their service cycle may be repurposed by another department/division with a differing service need. • Repurposed vehicles assigned for the replacement of a previously assigned repurposed vehicle shall not be placed on an amortization schedule. • Repurposed vehicles requested for initial assignment shall incur an amortization schedule of no more than three years to account for the decrease in auction/resale value to the Equipment Replacement Fund. 41Page Page 436 of 447 e. The Finance Division will coordinate all additions and revisions to the 10-year vehicle and equipment replacement plan with the Public Works Supervisor as part of the Capital Improvement planning process. The Public Works Supervisor will accumulate all requests and submit the 10-year vehicle and equipment replacement schedule, list of additions and revisions, and any other suggestions to the Finance Division. The City Administrator will have final approval to all vehicle and equipment purchases and recommendation to the City Council for approval. f. Repurposed assets will be maintained for a minimum of four (4) years before they are scheduled for replacement with another repurposed asset. g. Asset reconditioning will be utilized where available. h. State contracts will be the standard method for asset purchases; other procurement options may also be considered. 51Page Page 437 of 447 Vehicle Evaluation Form Dept: Date: Vehicle #: Year: Make: Emergency Equipment? Y/N Miles/Hrs.: Model: Current Score Projected Score Future — Other Dept. or Auction? Age Usage Type of Service Condition Repair Costs Total Repair Costs: $ Purchase Price: $ Specialties (decals, computers, accessories, etc.) $ Projected Mileage: Reliability: Very Good Q Good Q Fair (= Dispose/Flag File Q Evaluated by: Point Ranges: Under 21 points 21 — 25 points 25 — 30 points 31 points and up Condition I Very Good Condition II Good Condition III Fair Condition IV Disposal 6 1 P a g e Page 438 of 447 Vehicle Evaluation Form Explained The Vehicle Replacement Chart serves as a guide for when a vehicle/equipment is due for replacement. Fleet Services will complete the evaluation based on criteria for replacement of vehicles/equipment and will present it to the Public Works Supervisor and Public Works Director prior to final replacement/disposition. The evaluation is based on the following criteria: • Age One point for each year of chronological age, based on in-service date. • Usage Odometer- based vehicles=one point per 10,000 miles Odometer- based small equipment=one point per 500 miles Hour meter -based- small equipment=one point per 325 hours Hour meter- based large truck/equipment=one point per 750 hours • Type of service Score 1-5 points based on the type/level of service the vehicle/equipment receives, i.e. (1) for administrative vehicles or light use, (3) for medium use, and (5) for patrol car or heavy use • Condition This score scale from 1-5 is based on the inspection of the body, underbody and structural members, rust, interior, condition, a review of accident and repair history, any operational problems and anticipated major repairs within the next budget year. A score of (5) would be in very poor condition with high expectations for major future expenses. • Repair costs Score 1-5 based on the total life -to -date (LTD) repair costs (excluding "non -normal" repairs) and the original purchase price of the vehicle/equipment. A (5) is scored for a vehicle/equipment whose LTD repair costs exceed the original purchase price. A score of (1) signifies LTD repair costs are 20% or less of the original purchase price: (2) for 40%, 3 for 60%, (4) for 80%. • Reliability: The vehicle or equipment will be based on unscheduled repairs and will be factored independently based on the fleet maintenance records. Point Ranges: Under 21 Points Condition I Excellent 21 to 25 Points Condition 11 Good 26 to 30 Points Condition III Qualifies for Replacement 31 points and above Condition IV Needs Immediate Consideration gdopted by: On (date) Item # Updated Aug/SEP 2025 7 1 P a g e Page 439 of 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description Red Dot Pistol Sights Item Number 10.4 Prepared By David Kuhnly, Police Chief Reviewed by David Kuhnly Cal Portner Tina Allard Action Requested This is a follow-up discussion on the purchase of Red Dot Sights for the Police Department. Background/Discussion We presented this topic at the Capital Improvement Plan budgetary meeting on November 17, 2025; however, formal guidance was not given by the Council as to whether or not we can purchase this equipment. Financial Impact Depending on the direction, staff will watch the year-end 2025 expenditure/revenue forecast, and if there are remaining funds from the citywide budget, staff proposes to use those funds. If not, and the Council supports the purchase, it would be added to the 2027 Capital Improvement Fund and General Fund Budget. Mission/Policy/Goal Elk River Mission Statement Attachments None The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exc ptional service, and community p p W E H E 0 A T engagement that encourages and inspires prosperity JNM 447 Request for Action City of Elk River To City Council Meeting Date December 15, 2025 Item Description November Financial Statements Action Requested Information Only. Background/Discussion Item Number 12.1 Prepared By Lori Stich, Finance Manager Reviewed by Lori Stich Joe Stremcha Cal Portner Tina Allard This report is designed to provide summary information regarding the overall level of revenues and expenditures in the General Fund, the Multipurpose Facility Special Revenue Fund, and the Enterprise Funds. These funds provide an important picture of the city's financial health. For November, actual revenues (excluding property taxes and transfers) and expenditures should run 92% of the annual budget. It is natural for some items to vary from month to month, such as exceeding budget for Supplies but being below budget for Services. This is not considered serious as long as the total expenditure budget amount is not overspent. Significant variances from budget are highlighted below, accompanied by a general discussion of the variance. General Fund Revenues: ■ License & permit collections are about 91 % of budget estimates. November collections were primarily building -related permits. ■ Charges for services are about 100% of estimates, with plan check fees and recreation fees accounting for the majority of November collections. ■ Court fines, which lag a month, are about 79% of budget, including October collections received by the county. ■ Transfers -in consist of ERMU's 4% October monthly electric revenues. Expenditures: Total departmental expenditures are about 85% of budget. Most departments are within or below budget estimates. The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 A T engagement that encourages and inspires prosperity INMURfd447 2025 Monthly Expenditures $25,000 $ 20,000 Ln 0 z Cr $15,000 O $10,000 $ 5,000 $0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Actual $2,114 S3,253 �$4,]5 $6,523 $7,955 $9,698 511,481 $13,752 S1S,474 $17,444518,957Budget 51,851 53,702 53 $7,403 59,254 511,105 512,956 $14,8{}7 516,658 518,508 524359 522,2 FTCenter Through the end of November, expenditures $1,834,716 exceed revenues of $1,690,452 by $144,264. The majority of November collections consist of ice rent, facility rentals, and concessions/catering revenue, while expenditures are primarily attributable to personal services, utilities, and field house improvements. Financial Impact N/A Mission/Policy/Goal Responsible for every dollar - good stewards. Attachments 1. 1 1-2025 Financial Reports Page 442 of 447 General Fund As of: 11/30/2025 92.00%OFYEARCOMPLETED REVENUES Budget. YTD Actual %of budget Budget Balance Taxes 101-3-0000-3111 Current Ad Valorem Taxes 15,626,050.00 8,025,706.36 51.36% 7,600,343.64 101-3-0000-3112 Delinquent Ad Valorem Taxes 0.00 56,048.69 0.00% (56,048.69) 101-3-0000-3121 Gravel Tax 225,000.00 112,854.18 50.16% 112,145.82 101-3-0000-3131 Penalties/Interest 0.00 3,322.56 0.00% (3,322.56) Total Taxes 15,851,050.00 8,197,931.79 51.72% 7,653,118.21 Licenses & Permits 101-3-0000-3211 Liquor License 82,000.00 82,318.45 100.39% (318.45) 101-3-0000-3212 THC License 5,000.00 800.00 16.00% 4,200.00 101-3-0000-3213 Cigarette License 4,000.00 3,450.00 86.25% 550.00 101-3-0000-3214 Rental License 65,000.00 28,070.00 43.18% 36,930.00 101-3-0000-3216 Mining License 26,000.00 27,006.10 103.87% (1,006.10) 101-3-0000-3217 Garbage Hauler License 2,500.00 815.00 32.60% 1,685.00 101-3-0000-3218 Other Business License/Permit 16,000.00 18,120.00 113.25% (2,120.00) 101-3-0000-3229 NPDES Permit 23,000.00 15,400.00 66.96% 7,600.00 101-3-0000-3231 Building Permit 550,000.00 490,397.40 89.16% 59,602.60 101-3-0000-3232 Plumbing/Heating Permit 175,000.00 176,541.53 100.88% (1,541.53) 101-3-0000-3233 Permit Surcharge 700.00 3,033.93 433.42% (2,333.93) 101-3-0000-3235 Animal License 0.00 750.00 0.00% (750.00) 101-3-0000-3237 Other Non -Business Lic/Permit 25,000.00 42,575.94 170.30% (17,575.94) Total Licenses & Permits 974,200.00 889,278.35 91.28% 84,921.65 Intergovernmental Revenue 101-3-0000-3322 MV Credit 6,000.00 2,738.14 45.64% 3,261.86 101-3-0000-3323 Fire State Aid 275,000.00 377,035.85 137.10% (102,035.85) 101-3-0000-3325 Police 2%Aid 414,000.00 444,627.34 107.40% (30,627.34) 101-3-0000-3326 Police Training Reimb 35,000.00 31,821.75 90.92% 3,178.25 101-3-0000-3329 State Crime Prevention Grant 48,000.00 68,320.63 142.33% (20,320.63) 101-3-0000-3330 Other State Grants 0.00 25,640.14 0.00% (25,640.14) Total Intergovernmental Revenue 778,000.00 950,183.85 122.13% (172,183.85) Charges for Services 101-3-0000-3412 Planning & Zoning Fees 25,000.00 39,167.32 156.67% (14,167.32) 101-3-0000-3413 Plan Check Fee 230,000.00 223,554.17 97.20% 6,445.83 101-3-0000-3415 Special Assessment Search 500.00 180.00 36.00% 320.00 101-3-0000-3417 Copies 1,500.00 1,186.25 79.08% 313.75 101-3-0000-3418 Other General Govt Services 0.00 122.25 0.00% (122.25) 101-3-0000-3430 Lockout Fees 3,500.00 1,945.00 55.57% 1,555.00 101-3-0000-3431 Police Services 46,000.00 24,081.44 52.35% 21,918.56 101-3-0000-3432 School Liaison 185,000.00 199,012.01 107.57% (14,012.01) 101-3-0000-3434 Animal Impound Fee 500.00 750.25 150.05% (250.25) 101-3-0000-3436 Fire Contracts 465,750.00 459,511.51 98.66% 6,238.49 101-3-0000-3437 Fire Services 3,000.00 0.00 0.00% 3,000.00 101-3-0000-3438 Fire Inspections 0.00 10.14 0.00% (10.14) 101-3-0000-3451 Street Services 35,000.00 23,024.59 65.78% 11,975.41 101-3-0000-3452 Engineering Services Reimb 20,000.00 8,841.75 44.21% 11,158.25 101-3-0000-3461 Recreation Fees 52,500.00 53,194.76 101.32% (694.76) 101-3-0000-3462 Sr Center Activities 47,500.00 46,262.67 97.40% 1,237.33 101-3-0000-3463 Farmer's Market 15,000.00 51,996.00 346.64% (36,996.00) 101-3-0000-3469 Elk RiverFest 20,000.00 7,915.00 39.58% 12,085.00 Page 443 of 447 101-3-0000-3472 Park Use Fee 76,900.00 87,604.44 113.92% (10,704.44) 101-3-0000-3475 Building Rent 0.00 442.24 0.00% (442.24) 101-3-0000-3483 Sewer Inspection Fee 15,000.00 16,505.00 110.03% (1,505.00) 101-3-0000-3484 Contractor License Check 1,200.00 1,153.31 96.11% 46.69 Total Charges for Services 1,243,850.00 1,246,460.10 100.21% (2,610.10) Fines & Forfeits 101-3-0000-3510 Court Fines 155,000.00 122,303.49 78.91% 32,696.51 Total Fines & Forfeits 155,000.00 122,303.49 78.91% 32,696.51 Other Revenue 101-3-0000-3621 Interest Income 175,000.00 82,508.93 47.15% 92,491.07 101-3-0000-3625 Refunds & Reimbursements 150,000.00 55,906.99 37.27% 94,093.01 101-3-0000-3626 Contributions 26,000.00 26,000.00 100.00% 0.00 101-3-0000-3629 Miscellaneous Revenue 10,000.00 22,720.16 227.20% (12,720.16) Total Other Revenue 361,000.00 187,136.08 51.84% 173,863.92 Transfers In 101-3-0000-3926 Transfer -Capital Outlay Resery 95,000.00 95,000.00 100.00% 0.00 101-3-0000-3942 Transfer-WWTS 180,000.00 180,000.00 100.00% 0.00 101-3-0000-3943 Transfer -Liquor 850,000.00 850,000.00 100.00% 0.00 101-3-0000-3944 Transfer -Garbage 60,000.00 60,000.00 100.00% 0.00 101-3-0000-3945 Transfer -Utilities 1,450,000.00 1,388,974.63 95.79% 61,025.37 101-3-0000-3946 Transfer-Stormwater 125,000.00 125,000.00 100.00% 0.00 101-3-0000-3948 Transfer-EDA 48,000.00 48,000.00 100.00% 0.00 101-3-0000-3949 Transfer-HRA 39,000.00 39,000.00 100.00% 0.00 Total Transfers In 2,847,000.00 2,785,974.63 97.86% 61,025.37 TOTAL GENERAL FUND REVENUES 22,210,100.00 14,379,268.29 64.74% 7,830,831.71 Page 444 of 447 General Fund As of: 11/30/2025 92.00% OFYEAR COMPLETED EXPENDITURE SUMMARY Budget YTD Actual % of budget Budget Balance General Government City Council 233,000.00 186,517.26 80.05% 46,482.74 Communications 522,150.00 439,973.33 84.26% 82,176.67 Administrative Services 727,050.00 610,877.44 84.02% 116,172.56 Human Resources 456,150.00 412,795.72 90.50% 43,354.28 Elections 6,800.00 6,320.86 92.95% 479.14 Finance 850,250.00 770,943.83 90.67% 79,306.17 Information Technology 748,200.00 597,790.37 79.90% 150,409.63 Legal 300,000.00 273,397.59 91.13% 26,602.41 Community Development / Planning 504,750.00 475,181.17 94.14% 29,568.83 Building Maintenance 1,151,350.00 953,895.75 82.85% 197,454.25 Total General Government 5,499,700.00 4,727,693.32 85.96% 772,006.68 Public Safety Police Administration 1,257,000.00 1,176,412.69 93.59% 80,587.31 Patrol 3,992,500.00 3,268,139.84 81.86% 724,360.16 Investigations 1,523,350.00 1,333,410.42 87.53% 189,939.58 Police Support Services 1,002,750.00 831,066.85 82.88% 171,683.15 Police Reserves 16,550.00 4,406.69 26.63% 12,143.31 Public Safety Building 236,150.00 204,720.41 86.69% 31,429.59 Fire Administration 1,405,400.00 1,368,047.90 97.34% 37,352.10 Fire Operations 658,900.00 632,479.51 95.99% 26,420.49 Emergency Management 32,150.00 40,393.51 125.64% (8,243.51) Building Safety 648,400.00 531,496.42 81.97% 116,903.58 Code Enforcement 132,900.00 113,415.31 85.34% 19,484.69 Environmental 57,800.00 59,175.03 102.38% (1,375.03) Total Public Safety 10,963,850.00 9,563,164.58 87.22% 1,400,685.42 Public Works Street Maintenance 1,778,350.00 1,375,776.08 77.36% 402,573.92 Snow Removal 380,650.00 234,218.75 61.53% 146,431.25 Equipment Services 428,700.00 373,052.37 87.02% 55,647.63 Engineering 382,100.00 344,131.50 90.06% 37,968.50 Total Public Works 2,969,800.00 2,327,178.70 78.36% 642,621.30 Culture & Recreation Parks Department 1,736,000.00 1,417,968.08 81.68% 318,031.92 Parks & Rec Admin 576,100.00 490,585.21 85.16% 85,514.79 Recreation Programs 146,550.00 140,093.23 95.59% 6,456.77 Farmers Market 61,850.00 83,364.52 134.78% (21,514.52) Sr Citizen Programs 216,050.00 185,150.78 85.70% 30,899.22 Total Culture & Recreation 2,736,550.00 2,317,161.82 84.67% 419,388.18 Economic Development Economic Development 0.00 21,589.72 0.00% (21,589.72) Energy City 40,200.00 318.20 0.79% 39,881.80 Total Economic Development 40,200.00 21,907.92 54.50% 18,292.08 TOTAL GENERAL FUND EXPENDITURES 22,210,100.00 18,9579106.34 85.35% 3,252,993.66 REVENUES OVER/(UNDER) EXPENDITURES 0.00 (4,577,838.05) 4,577,838.05 Page 445 of 447 CITY OF ELK RIVER FTCENTER - BUDGET TO ACTUAL MONTH ENDED NOVEMBER 30, 2025 Revenues: Ice Rental Admissions Dry Floor Events/Craft Shows Facility Rental Advertising/Naming Rights/Sponsorships Recreation fees (Skating/Hockey) Concessions/catering/vending Other Revenues (interest, etc.) Total Revenues Operating expenses: Personal services Supplies Other service charges Capital Outlay Total Expenditures Revenues over/(under) expenditures Current Year to Date % of Budget Actual Budget $861,000 $735,388 85.41% 6,000 10,493 174.89% 0 3,672 0.00% 245,400 252,766 103.00% 192,550 170,883 88.75% 160,000 139,271 87.04 % 363,000 354,302 97.60% 29,600 23,678 79.99% $1,857,550 $1,690,452 91.00% $930,900 $845,719 90.85% 197,550 186,720 94.52% 585,450 553,930 94.62% 141,750 248,348 175.20% $1,855,650 $1,834,716 98.87% $1,900 ($144,264) FTCenter November 2025 $1, 900,000 Budget, $1,857,550 Budget, $1,855,650Actual $1,850,000 $1,834,716 $1, 800,000 Pr $1,750,000 Actual $1, 700,000 $1, 690,452 $1, 650,000 $1, 600,000 Total Revenues Total Expenditures Page 446 of 447 Sales and cost of sales: Sales Cost of sales Gross profit Operating revenues: User charges Delinquency collections Other Total operating revenues Operating expenses: Personal services Supplies Other service charges Depreciation . Total operating expenses Operating income (loss Nonoperating revenues (expenses): Interest income Interest expense/agent fees Total nonoperating revenues (expenses) Income (loss) before contributions & transfers Contributions - connection fees Transfers in Sale of assets Transfers out NET INCOME (LOSS) Items reclassified to balance sheet at year end: Bond Proceeds Capital Outlay Bond Payment Revenues over/(under) expenditures Recorded at year-end CITY OF ELK RIVER ENTERPRISE FUNDS - BUDGET TO ACTUAL MONTH ENDED NOVEMBER 30, 2025 Liquor Sewer Garbage Stormwater Current Year to Date % of Current Year to Date % of Current Year to Date % of Current Year to Date % of Budget Actual Budget Budget Actual Budget Budget Actual Budget Budget Actual Budget $ 8,640,000 $ 7,688,356 88.99% 6,235,750 5,232,290 83.91% $ 2,745,000 $ 2,482,323 90.43% $ 2,070,000 $ 1,666,133 80.49% $ 675,000 $ 565,503 83.78% 2,404,250 2,456,066 102.16% - - - - - - 1,500 1,422 94.80% - 1,013 - - 45 - 9,000 4,082 45.350% 195,000 168,233 86.27% 9,000 4,082 45.35% 2,941,500 2,651,977 90.16% 2,070,000 1,667,146 80.54% 675,000 565,548 83.78% 1,268,300 1,073,162 84.61% 901,300 766,114 85.00% 29,900 19,741 66.02% - - - 31,500 11,200 35.56% 334,900 247,630 73.94% 23,250 869 3.74% 1,000 - 0.00% 397,650 465,556 117.08% 1,007,950 951,246 94.37% 1,844,550 1,505,840 81.64% 302,950 157,417 51.96% 70,000 0.00% 1,710,000 0.00% 500,000 0.00% 1,767,450 1,549,918 87.69% 3,954,150 1,964,990 49.69% 1,897,700 1,526,450 80.44% 803,950 157,417 19.58% 645800 910229 140.95% (1,012,650) 686,967 -67.84% 172,300 140,695 81.66% (126,950) 408,131 -316.50% 135,000 37,951 28.11% 135,000 114,499 84.81% 10,000 11,896 118.96% 30,000 28,761 95.87% (77,550) (76,985) 99.27% 135,000 37,951 28.11% 57,450 37,514 65.30% 10,000 11,896 118096% 30,000 28,761 95.87% 780,600 948,180 121.44% (955,200) 724,501 -75.85% 182,300 152,591 63.70% (98,950) 436,692 -441.53% - - - 1,000,000 892,386 89.24% - - - - - - - - 0.00% - - 0.00% - - 0.00% - - 0.00% - - 0.00% 1,100,000 1,350,000 122.73% (180,000) (180,000) 100.00% (60,000) (60,000) 100.00% (125,000) (125,000) 100.00% (319,200) (401,820) 125.88% (135,200) 1,436,887 -1062.79% 122,300 92,591 75.71% (223,950) 311,892 -139.27% - - - (343,000) (261,540) - - - - (150,000) - - - - - (530,000) (530,000) - - - - - - - 319,200 401,820 1,008,200 645348 122,300 92,591 373950 311892 Page 447 of 447