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20251117 - CC Packet
To receive automatic email notifications when City Council agendas are published, please sign up through Constant Contact by visiting the City’s website. City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents CITY OF HASTINGS CITY COUNCIL AGENDA Monday, November 17,2025 7:00 p.m. I.CALL TO ORDER II.PLEDGE OF ALLEGIANCE III.ROLL CALL IV.DETERMINATION OF QUORUM V.APPROVAL OF MINUTES Approve Minutes of the City Council workshop and regular meeting on November 3,2025. VI.COMMENTS FROM THE AUDIENCE Comments from the audience may include remarks about items listed on the Consent Agenda. VII.COUNCIL ITEMS TO BE CONSIDERED VIII.CONSENT AGENDA The items on the Consent Agenda are items of routine nature or no perceived controversy to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. 1.Pay Bills as Audited 2.Resolution: Accept Donation to the Parks and Recreation Department for the Community Halloween Party 3.Approve Special Event Designation with Temporary Liquor License –Hockey Day MN 2026 4.Approve Employee Handbook Updates 5.Approve Biennial Portable Recording System (Body-Worn Camera) Audit 6.Authorize Signature: 1st Amendment to Stormwater Management Agreement –Suite Living 7.Authorize Signature: Permanent Drainage and Utility Easement –Suite Living 8.1st Reading: City Code Amendment –Lower-Potency Hemp Edibles 9.Approve Change Order No. 1 for the Central Water Treatment Plant –Raw Watermain Project 10.Approve Pay Estimate No. 2 for the Central Water Treatment Plant Project –Magney Construction, Inc. ($150,441.40) 11.Approve 2026 Budget Preauthorizations 12.Authorize Signature: ProCare Service Contract with Stryker 13.Declare Surplus Property & Authorize for Public Sale –Parks and Recreation Department IX.AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public To receive automatic email notifications when City Council agendas are published, please sign up through Constant Contact by visiting the City’s website. City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. 1.Vacation of Public Easements –Central Water Treatment Plant (1292 North Frontage Rd.) a.Public Hearing b.Resolution X.REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A.Public Works B.Parks and Recreation C.Community Development 1.2nd Reading\Adopt Ordinance: City Code Amendment –Church Uses in Ag District D.Public Safety E.Administration 1.Resolution: Remove Unpaid Delinquent Administrative Penalties and Diseased Tree Removals from Outstanding Assessment Rolls 2.Certify Delinquent Utility Billing for Collection XI.UNFINISHED BUSINESS XII.NEW BUSINESS XIII.REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV.ADJOURNMENT Next Regular City Council Meeting: Monday,December 1, 2025 7:00 p.m. Hastings, Minnesota City Council Workshop November 3, 2025 The City Council of the City of Hastings, Minnesota met in a workshop on Monday, November 3, 2025,at 5:30 p.m. in the Volunteer Room at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present:Mayor Fasbender, Councilmembers Beck,Haus, Lawrence, Leifeld, Pemble, and Vihrachoff Members Absent:None Staff Present:City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh Mayor Fasbender called the workshop to order at 5:35 pm and welcomed Council Members to the workshop on setting legislative priorities for the City. Wietecha noted that Council has discussed and set priorities in the past and this is a chance for Council to discuss and High priority conversations: •Clean Drinking Water—continues to be the highest priority of Council. •Community Television—council discussion on reduction in cable access franchise fees due to customers switching from cable to streaming options. HCTV rent in the high school continues to increase. Engagement with the community through broadcasting Council meetings, commission meetings, educational and sporting events provides value to the city and community. Council discussion on importance of all local media to the community. •Local Option Sales Tax—will likely need to be able to access that option for future projects. Council discussion on the burden on taxpayers for water rates and levy increases. Wietecha reviewed the two-step process currently in place if the City were to exercise this option—first to the legislature for approval to then go to the city voters. It must be for a specific project and a timeline.Efforts by the League of Minnesota Cities to streamline the process may be part of the discussion. •Cannabis legislation—Council discussion on interest in restoring retailer revenue sharing. Wietecha indicated that when cannabis was legalized, revenue sharing from the tax on cannabis was in place. Since the state budget challenges last session, the tax increased and the revenue sharing was eliminated. •Social District—Council discussion on how a social district differs from the ordinance allowing consumption of beer/wine in parks. Other cities have tried a social district with success and may expand. Council discussion on how the downtown businesses view a possible social district, their concerns and liability. •E-bikes—Council discussion on concerns with the manner in which e-bikes are ridden in the city. Council discussion about speed and the current ordinance. The approach for law enforcement has been focused mostly on education. Council discussion on the next steps in enforcing current laws and value in adding others. •Cryptocurrency Kiosk Fraud—Council expressed interest in elevating the fraud issue to the state level.Reports of scams, often with spoofed phone numbers,continue to increase. •Continued Health Insurance Duty Disabled Public Safety—Brief conversation on the subject and interest in maintaining state financial support for those who need it. •Garbage Collection—Council clarification as a legislative topic. This may not be a priority at this time. •Hwy 61—continued discussion of funding for the project. •Veteran’s Park lease extension—As the current lease expires in 7 years and the city has a tremendous investment with the baseball, softball and soccer fields, Council discussed interest in extending the current lease. •Safe Routes to Schools grant program that exists to make infrastructure more pedestrian friendly especially around schools. The LMC legislative proposal is on cities under 5000 population. •Manufactured Home Parks—Council sought explanation of the issues related to significant increases in rent in manufactured home parks.The City Council is concerned about maintaining the affordability of manufactured housing.There were concerns about similar cost increases across housing types –rental, single-family, home owner associations –and that many factors influence those cost increases, including taxes, insurance, maintenance costs, and inflation. Council discussion on what the City’s role may be in influencing this topic. ADJOURNMENT Workshop adjourned at 6:55 p.m. __________________________________________________________ Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents Hastings, Minnesota City Council Meeting Minutes November 3, 2025 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, November 3, 2025 at 7:04 p.m.in the Council Chambers at Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Beck,Haus, Lawrence,Leifeld, Pemble, and Vihrachoff Members Absent:None Staff Present:City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Greta Bjerkness Community Development Director John Hinzman Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council regular meeting on October 20,2025. Minutes were approved as presented. Consent Agenda Councilmember Leifeld motioned to approve the Consent Agenda as presented, seconded by Councilmember Pemble. 7 Ayes, 0 Nays 1.Pay Bills as Audited 2.1st Reading: Ordinance Amendment: City Code Chapter 155.21 –A Agriculture Uses 3.2nd Reading and Adoption: Ordinance Amendment: City Code Chapter 150.05 –Demolition Licenses 4.Resolution No. 11-01-25: Approve New Massage Therapist Establishment License for Pure Salon & Spa, 1315 South Frontage Rd. 5.Resolution No. 11-02-25: Declaring Insurance Liability 6.Financial Statements: 3rd Quarter 2025 7.Resolution No. 11-03-25: Supporting Dakota County Capital Improvement Plan 8.Approve Collection Rate Increase for Tennis Sanitation 9.Approve Pay Estimate No. 1 for Central WTP Raw Water Lines –A1 Excavating LLC ($528,903) Administrative Penalties and Special Charges for Diseased Tree Removals a.Public Hearing b.Resolution No. 11-04-25: Certifying Unpaid Administrative Penalties and Special Charges for Diseased Tree Removals c.Resolution No. 11-05-25: Write Off Unpaid Delinquent Administrative Penalties and Diseased Tree Removals as Uncollectable d.Assessment Deferral Agreement: 1833 Maple Street City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents Wietecha provided an overview of the request to certify special assessments for unpaid administrative penalties and unpaid special charges for diseased tree removals. Wietecha indicated that staff had originally planned to assess unpaid balances for these items in 2024. Due to time constraints, these balances were not assessed in 2024 so staff is seeking to assess the balances at this time. If approved, staff will certify the unpaid balances to Dakota County to be added to property taxes payable in 2026. Wietecha recommended waiting on the resolution related to unpaid delinquent administrative penalties at this time due to pending conversation with Finance Manager Eitemiller. The final item is a request for deferral of assessment, waiving a public hearing. Mayor Fasbender opened the public hearing at: 7:09 p.m. Mayor Fasbender closed the public hearing at: 7:09 p.m. Council discussion on clarifying the specific actions in the motion. Councilmember Leifeld motioned to approve the resolution certifying unpaid administrative penalties and approving the assessment deferral,seconded by Councilmember Haus. 7 Ayes, 0 Nays. Resolution: No. 11-06-25: Variance –City Code Chapter 152A –Mississippi River Corridor Critical Area -Mississippi River Greenway Trail Hinzman provided an overview of the request to adopt the resolution granting various requests for proposed improvements to the existing Mississippi River Greenway Trail, Northwest of Lake Rebecca. The request includes construction of a hard surfaced trail on certain portion of the trail, construction of a retaining wall within the bluff impact zone for a purpose other than to correct an established erosion problem as determined by the City and a request for a two-foot height variance for the proposed seven- foot-tall retaining wall. Hinzman indicated Dakota County is responsible for the routing and maintenance of the Mississippi Greenway Trail system and that the requests are in response to meet accessibility standards and for improved safety. The reconstruction is impacted by the Mississippi River Corridor Critical Area ordinance. Hinzman described the specific variances that are needed for the improvements in the trail that would reduce the safety and accessibility of the trail. Hinzman reviewed Planning Commission discussion. Council discussion on clarifying the location of the benches and potential removal of trees. Hinzman indicated the bench will be relocated as part of the improvements and shared additional details of the process if vegetation requires removal. Council expressed overall support for the proposed improvements. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Pemble. 7 Ayes, 0 Nays. PFAS Update Wietecha provided the following key updates: •At present the budget proposal includes a phased approach of 10% each in January and July 2026 and January 2027. Budget planning in November and December could adjust the amount. The phased approach would allow additional time to seek state bonding, grants, City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents and/or direct connection to 3M Cottage Grove; enable phasing in the necessary rate increase; and recognizes the complexity of loan and grant paperwork with the Public Facilities Authority. •The Senate Capital Investment Committee included Hastings on its State Bonding Tour on October 28. A similar visit by the House Capital Investment Committee is scheduled for November 6. •Environmental investigations continue as planned by the MPCA to determine potential connection and eligibility for the City’s other wells. The current round of studies are expected to complete in late 2025. •On October 29, we received notice that Carbone’s is suing the City over the purchase of 1290 North Frontage Road and their loss of lease and income; we are presently discussing this with counsel. No Council discussion. City Hall Project: Budget Amendment Wietecha provided an overview of the request to approve a resolution authorizing the amended budget for the City Hall Dome/HVAC project. Wietecha shared the project is nearly complete but there were cost increases and change orders to the project scope which caused the total expenditure to increase. The total cost of the project has risen from $5,018,977 to $5,575,089. The State provided $2 million in its 2020 capital budget; about $2.3 million was covered through ARPA and a historic preservation grant; and the City general fund had the remaining $1.3 million. Council discussion on the timeline for completing the project. Wietecha reported that exterior work is nearly complete, with scaffolding remaining in place for a punch list inspection. Interior work is scheduled to begin this month and will include the installation of interior scaffolding in the rotunda area. Some additional tasks may need to be postponed until early Spring. Wietecha also noted that equipment purchases, which have long lead times, will be initiated soon.Council raised questions about the missing page in the original bid and how its absence might have affected the initial submission, as well as other factors contributing to the cost increase. Wietecha noted that if the bid package had been complete originally, the bids would have been higher to cover the additional work however it may also have resulted in different bids from other contractors. Council discussion on project contingency and the increase in project costs. Wietecha highlighted various specifics of the project and funding sources to accomplish the renovation of this historic building. Council requested a itemized receipt for all of the costs of the project. Councilmember Pemble motioned to approve as presented, seconded by Councilmember Beck. 7 Ayes, 0 Nays. Closed Meeting Pursuant to Minn. Stat. 13D.05 subd. 3(b) for Attorney-Client Privileged Communication –Pending Litigation Councilmember Pemble motioned to move to Closed session, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents Council discussed pending litigation. Councilmember Leifeld motioned to close the Closed session, seconded by Councilmember Pemble. 7 Ayes, 0 Nays. Council returned to open meeting. Announcements •Tomorrow: Outdoor Winter Clothing Swap: Bring your gently-used and clean outdoor winter clothing you no longer want to our swap event and bring home items that are new to you on Tues, November 4 at the Rambling River Center in Farmington. Accepting coats, jackets, mittens, gloves, winter hats, scarves, winter boots, and snow pants in all sizes. No item donation is necessary to shop the swap. •Friends of Pleasant Hill Library hosts its Used Book Sale Thursday to Sunday, November 6 – November 9 •Recycle your old lights with the Hastings Holiday Lights Drop Off Collection. Residents can drop-off their unwanted light strands at the Joint Maintenance Facility, 920 –10th Street West, during the holiday season from November 15 to January 31. Meetings •Public Safety Advisory Committee Meeting on Monday, November 10,2025 at 7:00 p.m. •Planning Commission Meeting on Monday, November 10, 2025 at 7:00 p.m. •Arts & Culture Commission Meeting on Monday, November 12, 2025 at 6:00 p.m. •HEDRA Meeting on Thursday, November 13, 2025 at 6:00 p.m. •City Council Workshop on Monday, November 17, 2025 at 5:30 p.m. •City Council Meeting on Monday, November 17, 2025 at 7:00 p.m. Councilmember Leifeld motioned to adjourn the meeting at 8:20 PM, seconded by Councilmember Haus. Ayes 7,Nays 0. _______________________________________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang - Accountant Date: 11/13/2025 Item: Disbursements Council Action Requested: Staff requests: Council Review of September 2025 CC payments. Council review of October 2025 automatic payments. Council review of weekly routine disbursements issued 11/12/2025. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 11/18/2025. Background Information: Disbursements for routine items are made weekly. Disbursements for capital purchases and employee reimbursements are made twice a month, subsequent to Council approval. Financial Impact: September 2025 CC Payments $ 19,837.99 October 2025 Auto Payments $ 312,620.57 Disbursement checks, ACH issued on 11/12/2025 $ 967,628.26 Disbursement checks, ACH to be issued on 11/18/2025 $ 192,823.38 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments:● Council Reports VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 City Council Memorandum To:Mayor Fasbender &City Councilmembers From:Paige Marschall –Bigler, Recreation Programming Specialist Date:November 17, 2025 Item:Accept Donation to the Parks and Recreation Department Council Action Requested:Council is asked to accept a donation in the amount of $2,450.00 as well as in-kind donations,made to the Parks and Recreation Department and has designated that this donation be used towards the Community Halloween Party. Background Information:The businesses listed in Exhibit A have made these donations to be used towards the Community Halloween Party. Financial Impact: Increase the Parks and Recreation donation account by $2,450.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: •Resolution VIII-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ____________ A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS,The businesses listed in Exhibit A have presented to the City Parks & Recreation Department a donation of $2,450 along with in-kind donations and have designated that these donations be used for the Community Halloween Party that was held on October 24, 2025; and WHEREAS,the City Council is appreciative of the donation and commends these supportive community businesses and individuals for their civic efforts, NOW, THEREFORE BE IT RESOLVED,by the City Council of the City of Hastings, Minnesota; 1.That the donation is accepted and acknowledged with gratitude; and 2.That the donation will be appropriated for the Community Halloween Party Adopted this 17th day of November, 2025. ______________________________ Mary D. Fasbender, Mayor ATTEST: ____________________________ Kelly Murtaugh, City Clerk VIII-02 Exhibit A 2025 Halloween Party Donations Monetary Donations Amount Evolution Auto $250 Farmers Insurance –Linberg Agency $100 GDI $50 Hoffman & McNamara $250 Hastings Prescott Arts Council $100 Keene Wealth Management $250 MN Coaches $100 Dakota Electric $100 Abra Hovgaard Edward Jones $100 Fluegel Law Firm $100 Intek Plastics $250 Tennis Sanitation $100 Tires Plus $100 Treasure Island $250 Wild Tree Wellness $250 Riverbend Animal Hospital $100 Total: Checks 16 Checks $2,450 In-Kind Donations Item Jersey Mikes 100 cookies for attendees Coborn’s 600 Cookies for attendees Cub foods 20 boxes for food collection Benedictine 6 bags of candy VIII-02 City Council Memorandum To: Mayor Fasbender & City Council Members From:Paige Marschall Bigler, Recreation Program Specialist Date:November 17, 2026 Item:Hockey Day MN -Special Event Designation& Temporary Liquor License Council Action Requested: Designate 2026 Hockey Day MN as a Special Event coordinated by the United Heros League from January 17th through January 24th,2026,and approve a Temporary Liquor License as part of the Hockey Day MN Event! Background Information: United Heroes League (UHL)has made a request to have January 17th –January 24th designated as a special event. UHL expects 100,000 people over 8 days. Management Staff have been working with UHL and are supportive of the event,with the following conditions: Traffic Management Conditions: •Traffic Management Plan submitted by UHL for City Staff review •UHL will set up and tear down barricade equipment •UHL will include changeable message boards that will be utilized in the general area to assist with parking locations and reduce traffic congestion. •Accessible parking spots to be identified and posted by UHL Temporary Liquor License Conditions: •Proof of insurance for the temporary liquor sales must be received by City staff in advance of the event. •Access to and egress from the alcohol service areas must always be staffed with security personnel during service hours. Security personnel need not be uniformed but must wear something that identifies them as SECURITY. Security personnel may be employees of the event’s liquor license or volunteers. •Security personnel are expected to immediately report to the Hastings Police Department any traffic safety issues, disorderly conduct, or criminal behavior that may affect the safety of the event staff, attendees, or the surrounding community. •Identification checks must be made to ensure compliance with the Minnesota alcohol possession statutes. •Alcoholic beverages are not permitted to leave event boundaries. General Conditions: •Tent inspection by the Fire/EMS Department to address proper safety items in advance of the event. •Event Organizer(s) will coordinate with City staff in advance of the event,including Fire, Police, Public Works, Parks,and any other important counterparts to ensure a safe and successful event. VIII-03VIII-03 Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: •Special Event Application •Event Map •Temporary Liquor license application VIII-03VIII-03 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ________________ RESOLUTION APPROVING THE APPLICATION BY THE UNITED HEROES LEAGUE FOR A ONE-DAY TEMPORARY LIQUOR LICENSE WHEREAS, the United Heroes League has presented an application to the City of Hastings for a one-day temporary liquor license during Hockey Day MN 2026 at their facility, 15211 Ravenna Trail, Hastings; and; WHEREAS, the Minnesota Alcohol and Gambling Enforcement Division requires a resolution be passed to approve this request; and WHEREAS, an application for a temporary liquor license has been presented; WHEREAS, the required fee has been paid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the appropriate agency, showing the approval of this application. ATTEST: ____________________________ Mary D. Fasbender, Mayor ____________________________ Kelly Murtaugh, City Clerk VIII-03 VIII-03VIII-03 VIII-03VIII-03 VIII-03VIII-03 VIII-03VIII-03 VIII-03VIII-03 VIII-03VIII-03 VIII-03VIII-03 VIII-03VIII-03 VIII-03VIII-03 VIII-03VIII-03 VIII-03VIII-03 VIII-03VIII-03 City Council Memorandum To:Mayor Fasbender & City Councilmembers From:Dan Wietecha, City Administrator Date:November 17, 2025 Item:Personnel Policy Updates and Additions Council Action Requested: Review and approve new and updated personnel policies to be added to the Employee Handbook. Background Information: Since the significant updates to the Employee Handbook in 2023, several legislative or policy actions have been implemented that require changes or additions to the Employee Handbook. Additionally, practices where a policy was needed to support it were added, as well as other clarifying language where policy may have been unclear. The policy additions and changes were discussed with the Employee Advisory Committee and all City employees. The updates are summarized below. New Policies Minnesota Paid Leave –policy reflects legislative action in 2023 that goes into effect January 1, 2026. This policy impacted other existing policy language that was also amended to comply with the Paid Leave legislation. Updated Policies Insurance Continuation/Separation –updated to align with recent Federal COBRA changes. Meal Breaks –updated to align with state law changes. Employee Committees –committee roles and responsibilities were clarified. Safety, Health & Development –policies related to the City’s safety and training programs are defined and included in the Employee Handbook. Other –clarified benefit eligibility, cell phone use, uniform reimbursement, and business travel. VIII-04 Financial Impact: No impact on existing budget. Advisory Commission Discussion: N/A Council Committee Discussion: The Administration Committee (Haus*, Lawrence, Vihrachoff) met on September 8, 2025 to review the updates and additions. Attachments: N/A VIII-04 CITY OF HASTINGS | 101 4TH STREET EAST, HASTINGS MN APPROVED MAY 2, 2022; REVISED MARCH 6, 2023; REVISED NOVEMBER 6, 2023; REVISED NOVEMBER X, 2025 City of Hastings Employee Handbook VIII-04 1 Table of Contents Chapter 1 Introduction .................................................................................................................................6 Purpose .....................................................................................................................................................6 Not an Employment Contract ...................................................................................................................6 Amendments.............................................................................................................................................7 Application ................................................................................................................................................7 Data Practices Advisory.............................................................................................................................7 Equal Employment Opportunity ...............................................................................................................8 Immigration Law Compliance ...................................................................................................................8 Personnel Records ....................................................................................................................................9 Personnel Data Changes .........................................................................................................................10 Chapter 2 Work Rules and Code of Conduct ..............................................................................................11 Conduct as a City Employee....................................................................................................................11 Political Activity.......................................................................................................................................11 Conflict of Interest ..................................................................................................................................12 Acceptance of Gifts .................................................................................................................................12 Employment of Relatives ........................................................................................................................12 Outside Employment ..............................................................................................................................13 Intellectual Property Ownership.............................................................................................................13 Use of City Equipment or Property.........................................................................................................13 Long Distance Phone Calls ......................................................................................................................14 Solicitation and Bulletin Boards..............................................................................................................14 Appearance and Dress............................................................................................................................14 Tobacco Use............................................................................................................................................14 Use of Social Media.................................................................................................................................14 Chapter 3 Employee Recruitment and Selection........................................................................................18 Regular Position Vacancy Announcements ............................................................................................18 Application ..............................................................................................................................................18 Examination ............................................................................................................................................18 Selection and Appointment ....................................................................................................................19 Pre-Employment Medical Exams ............................................................................................................19 Background Checks .................................................................................................................................19 Denial of Appointment............................................................................................................................19 VIII-04 2 False Information....................................................................................................................................20 Hiring Seasonal and/or Temporary Employees ......................................................................................20 Rehiring Seasonal and/or Temporary Employees...................................................................................20 Veterans Preference ...............................................................................................................................20 Probationary Period................................................................................................................................20 Transfers/Promotions .............................................................................................................................20 Chapter 4 Organization and Hours of Work ...............................................................................................21 Organizational Structure.........................................................................................................................21 Definitions...............................................................................................................................................21 Expectations............................................................................................................................................21 Work Week .............................................................................................................................................22 Breaks......................................................................................................................................................22 Nursing Mothers Breaks .........................................................................................................................22 Performance Feedback...........................................................................................................................22 Chapter 5 Compensation, Payroll and Time Reporting ..............................................................................23 Non-Union Employee Compensation Administration ............................................................................23 Pay Adjustments .....................................................................................................................................23 Working Out of Classification .................................................................................................................23 Payroll .....................................................................................................................................................23 Payroll Deductions ..................................................................................................................................23 Longevity.................................................................................................................................................23 Time Reporting........................................................................................................................................24 Overtime and Compensatory Time.........................................................................................................24 Wage Disclosure Protections ..................................................................................................................25 Chapter 6 Benefits ......................................................................................................................................26 Eligibility and Enrollment ........................................................................................................................26 Health Insurance .....................................................................................................................................26 Life Insurance..........................................................................................................................................26 Long Term Disability................................................................................................................................26 Dental Insurance .....................................................................................................................................26 Vision Insurance......................................................................................................................................26 Flexible Spending Account..............................................................................................................272726 Deferred Compensation..................................................................................................................272726 VIII-04 3 Roth IRA ..........................................................................................................................................272726 Employee Assistance Program........................................................................................................282827 Public Employee’s Retirement Association (PERA).........................................................................282827 Employee Recognition....................................................................................................................282827 Chapter 7 Holidays..............................................................................................................................292928 Holidays...........................................................................................................................................292928 Floating Holidays.............................................................................................................................292928 Chapter 8 Leaves of Absence..............................................................................................................303029 Vacation ..........................................................................................................................................303029 Sick Leave........................................................................................................................................313130 Sick Leave Donation........................................................................................................................343433 Funeral Leave..................................................................................................................................343433 Jury Duty .........................................................................................................................................343433 Witness and Victim Leave...............................................................................................................343433 School Conference and Activities Leave .........................................................................................343433 Minnesota Pregnancy and Parental Leave......................................................................................353534 Pregnancy Accommodation ............................................................................................................353534 Bone Marrow Donation ..................................................................................................................353534 Military Leave..................................................................................................................................353534 Family Military Leave ......................................................................................................................363635 Family and Medical Leave...............................................................................................................363635 Eligible Leave...............................................................................................................................363635 Notification .................................................................................................................................373736 Length .........................................................................................................................................373736 Medical Certification...................................................................................................................373736 Leave ...........................................................................................................................................373736 Insurance.....................................................................................................................................383736 Return to Work ...........................................................................................................................383837 Medical Information ...................................................................................................................383837 Unpaid Leave of Absence................................................................................................................404037 Severe Weather ..............................................................................................................................414037 Time off to Vote ..............................................................................................................................414037 Election Judges................................................................................................................................414138 VIII-04 4 Leave Without Approval .................................................................................................................414138 Chapter 9 Respectful Workplace ........................................................................................................424239 Sexual Harassment..........................................................................................................................434340 Reporting ........................................................................................................................................434340 Retaliation.......................................................................................................................................454542 Abusive Customer Behavior............................................................................................................464643 Bullying Policy .................................................................................................................................464643 Violence Prevention........................................................................................................................464643 Policy Prohibiting Weapons in the Workplace................................................................................474744 Chapter 10 Separation from Service...................................................................................................484845 Advance Resignation Notice Program ............................................................................................484845 Resignation .....................................................................................................................................484845 Retirement ......................................................................................................................................484845 Layoff...............................................................................................................................................484845 Dismissal .........................................................................................................................................494946 Severance........................................................................................................................................494946 City-Paid Health Insurance for Retirees..........................................................................................494946 Insurance Continuation...................................................................................................................505047 Reference Checks............................................................................................................................515147 Chapter 11 Drug-Free Workplace.......................................................................................................525248 Chapter 12 Information Technology...................................................................................................606056 General Information .......................................................................................................................606056 Personal Use ...................................................................................................................................606056 Permitted Use .................................................................................................................................606056 Hardware ........................................................................................................................................606056 Software..........................................................................................................................................616157 Electronic Mail ................................................................................................................................616157 Personal Devices .............................................................................................................................616157 Security ...........................................................................................................................................636357 Passwords ...................................................................................................................................636357 Network access ...............................................................................................................................636358 Remote Access to the Network ......................................................................................................646458 Internet ...........................................................................................................................................646458 VIII-04 5 Data Retention................................................................................................................................646459 Voicemail Policy ..............................................................................................................................646459 Chapter 132 Safety and Health...........................................................................................................666660 Safety and Wellness Committee.....................................................................................................666660 Accidents.........................................................................................................................................666660 Personal Injury/Workers Compensation ........................................................................................676760 Fraudulent Claims .......................................................................................................................676761 Managed Care.............................................................................................................................676761 Temporary Alternate Duty..............................................................................................................676761 Right to Know..................................................................................................................................686861 Emergency Procedures ...................................................................................................................686861 Safety Boots....................................................................................................................................686861 Safety Glasses .................................................................................................................................696962 Use of City Property........................................................................................................................696962 Vehicle Use [may want separate robust vehicle policy].................................................................696962 Loss or Suspension of License.........................................................................................................696962 Chapter 143 Employee Education and Training..................................................................................717163 Training, Workshops, Conferences.................................................................................................717163 Travel Expenses...............................................................................................................................717163 Tuition Reimbursement ..................................................................................................................757563 Chapter 154 Discipline and Grievance................................................................................................767665 Discipline.........................................................................................................................................767665 Progressive Discipline .....................................................................................................................767665 Grievance........................................................................................................................................787867 Appendix A Sick Leave Donation Apendix B Remote Work Policy Appendix C Employee Uniform/Apparel Expectations and Reimbursement VIII-04 6 Chapter 1 Introduction The Employee Handbook was written to provide information and guidance to employees of the City of Hastings and to answer questions you may have related to the City and its personnel policies. Please read it carefully and retain it for future reference. This Handbook is provided for general guidance only. The policies and procedures outlined in this book, as well as those in any other materials which may be issued from time to time, do not constitute a binding contract; this is not an employment contract, unless stated otherwise. The City and the employee both have the right to terminate the employment relationship at any time, except as may be provided for in a collective bargaining agreement. Employees are expected to be familiar and comply with the City’s policies. This Employee Handbook supersedes and replaces any and all written personnel policies, handbooks, guides and Employee Handbooks previously distributed to, made available to, or applied to employees of The City of Hastings, and is the only Employee Handbook with any force or effect. All prior personnel policies and handbooks are hereby rescinded and revoked. The City of Hastings reserves the right to apply any or all of these policies in whole or in part at its discretion as it deems appropriate depending on individual circumstances. The City of Hastings can deviate from this Employee Handbook as it deems appropriate. The application or non-application of any or all of these policies does not alter or change the City of Hastings’ right to apply these policies in whole or in part as it deems appropriate. The City of Hastings reserves the right to change, withdraw, apply or amend any of our policies or benefits, including those covered in this Employee Handbook, at any time. The City of Hastings may notify you of such changes via email, posting on the City’s Intranet or website, or via a printed memo, notice, amendment to or reprinting of this Employee Handbook but may, in its discretion, make such changes at any time, with or without notice. Questions, comments or suggestions should be directed to the Assistant City Administrator. Purpose The purpose of this employee handbook is to outline the City’s policies, procedures and expectations for both employees and the City. The rules should not be construed as binding contractual agreements, unless stated otherwise, but are applied with the following guidelines: •Maintaining efficiency and economy in the City’s operations; •Fair administration of these policies; •Employees covered by these policies are expected to comply with the policies, as well as position and department specificdepartment-specific guidelines and expectations; •Provisions of the labor agreement between the City and a collective bargaining unit will prevail if there is a conflict with the provisions in this handbook. Not an Employment Contract This Handbook is intended to provide an overview of citywide policies and procedures. No attempt has been made to address all possible work situations or to identify every possible situation.; it is merely meant as a guideline. Departments may also maintain separate department policies and procedures. VIII-04 7 Nothing contained in this Employee Handbook should be construed as creating a contract guaranteeing employment for any specific duration. Except as modified by Civil Service Rules or a collective bargaining agreement, your employment with the City is “at will” and may be terminated at any time by either you or the City with or without cause. Note that no manager, employee or representative of the City of Hastings, other than the City Administrator, is authorized to enter into any oral or written agreements inconsistent with the foregoing and no such agreement shall be enforceable unless it is in writing and signed by the City Administrator and the employee. Amendments The City Council will approve all new or revised policies before they become effective. The City Council or City Administrator may from time to time direct the preparation of new or revised policies. Application Unless indicated otherwise, this handbook applies to all employees of the City, except: •Elected Officials •City Attorney •Voluntary members of boards, commissions, and committees Data Practices Advisory A.During the course of City employment, an employee will likely be asked to provide information that is classified by state law as either private or confidential. Private data is information that generally cannot be given to the public but can be given to the subject of the data. Confidential data is information that generally cannot be given either to the public or to the subject of the data. B.The requested information will be used to evaluate the employee’s job performance, eligibility, and abilities. The information provided by the employee may be used in performance evaluations, applications for employment, and other matters that involve a review of the employee’s personnel file and past performance. If the employee provides false, incomplete, or misleading information, the employee may be subject to discipline. Unless the employee is told otherwise, they are required to provide this information or may face disciplinary action. C.Those authorized by law to receive information in the employee’s personnel file include, but are not limited to, the following persons or entities: a.Employees, agents, and officials of the City who have a need to know about the information in the course of their duties or responsibilities; b.The person who is the subject of the private data; c.People who have permission from the subject of the data; d.The Internal Revenue Service, Minnesota Department of Revenue, Public Employees Retirement Association, or other applicable pension system, and the Immigration and Naturalization Service; e.The Minnesota Department of Economic Security in any claim for re-employment benefits; f.The Workers’ Compensation Court in any claim for workers’ compensation benefits; g.Various insurance companies in any claim for insurance benefits; h.Individuals who have obtained a court order for the information; VIII-04 8 i.Participants in any litigation, mediation, veterans’ preference hearing, arbitration, or other administrative proceeding that involves the employee; and j.Labor organizations and the Bureau of Mediation Services. D.If litigation arises, the information may be provided in documents filed with the court and are available to any member of the public. If reasonably necessary to discuss the information at a City Council meeting, it will be available to members of the public. To the extent that some of the information is part of the basis for a final decision on disciplinary action, that information is available to any member of the public. Equal Employment Opportunity The City of Hastings is fully committed to equal employment opportunities (EEO). All employment decisions will be made without regard to race, color, age, religion, sex, pregnancy, marital status, familial status, disability, genetic information, national origin, sexual orientation, gender identity, veteran status, status with regard to public assistance or activity in a local human rights commission. Decisions concerning employment are based strictly on an individuals’ qualifications and ability to perform the job under consideration, the comparative qualifications and abilities of the other applicants or employees, and the individual's past performance within the organization. Employment decisions include, but are not limited to: recruitment, hiring, promotions, salary or other compensation, benefits, transfers, corrective actions, layoffs, termination and training. If you believe that an employment decision has been made that does not conform to management's commitment to equal opportunity, the matter should be brought promptly to the attention of Human Resources. Your complaint will be thoroughly investigated. There will be no retaliation against any employee who files a complaint in good faith, even if the result of the investigation produces insufficient evidence to support the complaint. The City of Hastings is committed to complying with the American with Disabilities Act (ADA). In accordance with federal and state law, the City of Hastings provides reasonable accommodation to known physical or mental limitations of an otherwise qualified employee with a disability unless the accommodation would impose an undue hardship on the company. Reasonable accommodation may be, depending on all the circumstances, modification or adjustment to a job, the work environment, or the way things usually are done that enable an employee with a disability to perform the essential functions of a job, and to enjoy equal benefits and privileges of employment. Employee requests for reasonable accommodations must be done made in writing to the Human Resources Department. The City of Hastings may request a physician’s statement documenting the need for the requested accommodation. All requests for reasonable accommodation should be submitted to Human Resources. Immigration Law Compliance The City of Hastings complies with the Immigration Reform and Control Act of 1986 by employing only United States citizens and non-citizens who are authorized to work in the United States. All employees are asked on their first day of employment to provide original documents verifying their right to work in the United States and to sign a verification form required by federal law (Form I-9). If an individual VIII-04 9 cannot verify their right to work within three (3) days of hire, the City of Hastings must terminate employment. Personnel Records Personnel files are maintained for each employee in compliance with the Minnesota Government Data Practices Act and the Minnesota Personnel Record Review and Access Act The City of Hastings maintains a personnel file on each employee. The purpose of this file is to allow us to make decisions and take actions that are personally important to you, including notifying your family in case of emergency, calculating income tax deductions and withholding, and paying for appropriate insurance coverage. While the types of documentation maintained in your personnel file varies, medical records, work eligibility, and other documentation, as required by law, is kept separately from the personnel file. Personnel files are the property of the City of Hastings. Generally, only supervisors and management personnel of the City of Hastings who have a legitimate reason to review information in a file are allowed to do so in accordance with state law. The Minnesota Personnel Record Review and Access Act provides the following rights and remedies to employees regarding their personnel files: •Employees have a right to review their file, upon a written request with reasonable advance notice, made in good faith, once every six months while employed. •Within seven (7) working days of receiving an employee’s request (or within 14 working days if the employee’s personnel records are stored out of state), the City will make available for the employee’s review either their original file or an accurate copy of their file. •Employees will have access to their files during normal operating hours either at the employee’s job site or at a nearby location. The City may require that this review take place in the presence of a City representative. After the employee has had an opportunity to review their file, the employee may make a written request for a copy of the record. If an employee makes such a request, the City will provide the employee with a copy of their file at no charge to the employee. •After termination, employees may review their records once annually for as long as the City maintains the record. •The City must comply with an employee’s written request to review their file within seven work days from date of request. •If the employee disputes information contained in the record and the City does not agree to remove or revise the disputed information, the employee may submit a written statement of up to five pages explaining the employee’s position. This statement will be included in the personnel file for as long as the City maintains it. •If the City violates the statute, employees may bring a civil action to compel compliance and for actual damages and costs. •The City may not retaliate against employees for asserting rights or remedies under the statute. If the City unlawfully retaliates against an employee, the employee may bring a civil action to compel compliance and for actual damages, back pay, reinstatement, equitable relief, and attorney fees. VIII-04 10 Personnel Data Changes It is the responsibility of each employee to notify Human Resources of any changes in personnel data or within 30 days of a qualifying event. These changes may include a change in name or address, marriage, divorce, or birth/adoption of child. The updated information is necessary to provide for appropriate updates to benefits and personnel files. Related information, including educational achievements, emergency contacts, etc. should be reported in a timely manner for inclusion in personnel files. Personnel File Requests The City will provide reference information on current and former employees within the scope of the Minnesota Government Data Practices Act, unless the current or former employee authorizes the release of a fuller disclosure in writing. VIII-04 11 Chapter 2 Work Rules and Code of Conduct Conduct as a City Employee In accepting City employment, employees become representatives of the City and are responsible for assisting and serving those in the City of Hastings. Employees should exhibit behavior that is ethical, professional, responsive, and of high standards. Any willful violation of the established policies, rules, and procedures shall be considered insubordination and subject to disciplinary action, up to and including dismissal. While it is not possible to list all of the forms of behavior that are considered unacceptable in the workplace, the following is a nonexclusive list of examples of infractions of rules of conduct that may result in corrective action, up to and including termination: •Carelessness which results in damage or injury to the City of Hastings property or employees. •Coercion of, threats against, intimidation of, interference with or abuse of other employees. •Discourteous treatment of coworkers, management, customers, suppliers or an individual where contact is in the capacity of an employee of the City of Hastings. •Dishonesty or falsification of records. •Failure to follow a superior’s instructions, defiance, general insubordination or other disrespectful conduct. •Failure to adhere to policies and procedures as outlined in this Employee Handbook. •Failure to report for work, being tardy, sleeping, loitering, loafing, excessive visiting, abuse of rest periods, wasting time or failing to expend the necessary effort in the performance of the work assignment. •Harassment of or discrimination against another employee, customer or any other person where contact is a result of the employment relationship with the City of Hastings. •Making or publishing false or malicious statement statements about employees or the City of Hastings. •Possession or use of weapons while working on City of Hastings property or in any location on behalf of the City (see Policy Prohibiting Weapons in the Workplace in this handbook). •Theft or inappropriate removal or possession of City property. •Transporting, possessing, transferring, using or being under the influence of illegal, controlled substances at any time, including while in route to work. •Unauthorized disclosure of confidential information. Political Activity No employee of the City will directly or indirectly, during hours of employment solicit or receive campaign funds, or use their authority or official influence to compel any other employee to apply for membership or become a member of any political organization, or pay or promise to pay any assessment, subscription, or contribution, or to take part in any political activity. Any employee elected to public office may be required to resign or take a leave of absence if the duties of elected office interfere with the duties as a City employee. VIII-04 12 Conflict of Interest Employees must avoid any activity which may suggest a conflict of interest between their private interests and City business. Examples may include, but are not necessarily limited to: •Use or attempted use of official position to secure benefits, privileges, or advantages for themselves, relatives or others associated which are different than those available to the general public. •Acceptance of other employment that would affect the employee’s independence of judgment in the performance of their job duties. •The use of City time, facilities, equipment, or supplies for financial gain. •Conducting personal business while working regularly scheduled hours. •Receipt or acceptance of any money or other thing of value from anyone other than the City for the performance of an act which an employee would be required or expected to perform in the regular course of hours of City employment or as part of the duties of the employee. •Any financial interest or personally beneficial interest, directly or indirectly, in contracts or purchase orders for goods or services used by, purchased by, or furnished to the City. Employees must disclose to their supervisor or Human Resources any possible conflicts so that the City of Hastings may assess and prevent potential conflicts of interest from arising. The determination of whether a conflict of interest exists will be the decision of the City and not of the individual employee. A violation of this policy will result in appropriate corrective action, up to and including termination. Acceptance of Gifts Employees are prohibited from requesting, soliciting, or accepting any gift or gratuity of significant value or lavish entertainment with the following exceptions: •A plaque or similar memento recognizing an individual’s services in a field of specialty or to a charitable cause; •A trinket or memento of insignificant value; •Informational materials of unexceptional value; •Food or beverage given at a reception, meal or meeting away from the normal place of work by an organization before whom the employee is appearing to make a speech, or answer questions as part of a program. •Lawful campaign contributions; •Gifts given because of the recipient’s membership in a group; •Prizes won of nominal value at a convention, meeting, or sporting event at which the employee is a representative of the City of Hastings. Employment of Relatives Employment with the City of Hastings shall be based on merit and no position will be granted to an immediate family member of a current City employee if that person does not meet the requirements of the position. Relatives of persons currently employed by the City may be hired only if they will not be working directly for, or supervising, evaluating, or disciplining a relative. If two (2) employees become related while working for the City of Hastings, and if one of them is in a position of supervision over the VIII-04 13 other, only one of the employees will be allowed to keep their position. The other will have to transfer to another position or leave employment. Under this policy, the term “relatives” encompasses husbands, wives, live-in partners, domestic partners, parents, children, siblings, in-laws, cousins, aunts and uncles. This policy covers biological relationships, marriage relationships and step relationships. Outside Employment Employees may hold employment outside of their employment with the City of Hastings so far as it does not conflict with the employee’s ability or perceived ability to effectively and professionally perform their responsibilities as an employee with the City of Hastings. In cases of conflict with an outside activity, the employee’s obligations to the City of Hastings must be given priority. Employees may not use their position as an employee with the City of Hastings to solicit business to any outside employment. Employees may not conduct outside employment during scheduled work hours for the City of Hastings. Outside employment must not present a conflict of interest or have an adverse impact on the City of Hastings. Intellectual Property Ownership The City retains legal ownership over all property, including intellectual property developed as a result of an employee’s work for the City of Hastings, and including but not limited to works, ideas, discoveries, and inventions. No work product created while employed by the City of Hastings can be claimed, construed, or presented as property of the individual, even after employment by the City of Hastings has been terminated or the relevant project completed. This includes written and electronic documents, audio and video recordings, system code, and any concepts, ideas, or other intellectual property developed for the City of Hastings, regardless of whether the intellectual property is actually used by the City. Although it is acceptable for an employee to display and/or discuss a portion or the whole of certain work product as an example in certain situations (e.g., on a resume, in a freelancer's meeting with a prospective client), one must bear in mind that information classified as confidential must remain so even after the end of employment, and that supplying certain other entities with certain types of information may constitute a conflict of interest. In any event, it must always be made clear that work product is the sole and exclusive property of the City of Hastings. Temporary or contract employees must be particularly careful in the course of any work they discuss doing, or actually do, for a competitor of the City of Hastings. Use of City Equipment or Property City equipment is to be used for business purposes for the City of Hastings.Personal use of e-mail and phones should be limited to brief, concise messages. Employees or users may not use City equipment to disseminate, view, or store commercial advertisements, solicitations, or destructive code. Employees may not use city equipment for outside business for personal gain, personal sale of good or services, political activity, illegal and/or questionable transmissions, sexually explicit, harassing, or threatening communication, or any other use deemed questionable, inappropriate, or for an unauthorized purpose by the City. VIII-04 14 Long Distance Phone Calls Employees who make long distance phone calls must use the long-distance code assigned to them. The long-distance code may only be used for City business. Solicitation and Bulletin Boards In an effort to ensure a productive and harmonious work environment, persons not employed by the City of Hastings may not solicit or distribute literature in the workplace at any time for any purpose, without approval of the City Administrator or designee. The City of Hastings recognizes that employees may have interests in events and organizations outside the workplace. Employees may only solicit or distribute literature or information concerning these activities during non-working time. (Non-working time includes lunch periods, work breaks, or any other periods in which employees are not on duty.) The posting of written solicitations on City bulletin boards must be approved in advance by Human Resources. Please use good judgment when approaching your co-workers with offers/opportunities. Appearance and Dress Employees of the City of Hastings are expected to project a neat, well-groomed appearance commensurate with the position held by the employee. Employees are responsible for ensuring that they dress in clean, unstained and un-ripped clothing that projects an appropriate appearance for the public. Any clothing that has words, terms, or pictures that may be offensive to other employees is unacceptable. Clothing that is sexually provocative that reveals too much cleavage, your back, your chest, your feet, your stomach or underwear is not appropriate for a place of business. If clothing fails to meet these standards, as determined by the employee’s supervisor and Human Resources staff, the employee will be asked not to wear the inappropriate item to work again. If the problem persists, the employee may be sent home to change clothes and will receive a verbal warning for the first offense. Progressive corrective action will be applied if dress code violations continue. Tobacco Use All City buildings and vehicles have been designated as no smoking areas, meaning that smoking tobacco or other substances are prohibited. All City park areas, including Public Square where City Hall and the Police Station are located, have been designated as tobacco-free areas. This shall include the use of any electronic device used to vaporize substances for ingestion (e.g. e-cigarettes). Use of Social Media Social networking in government serves two primary functions: to communicate and deliver messages directly to citizens and to encourage citizen involvement, interaction, and feedback. Information which is distributed via social networking must be accurate,consistent, and timely and meet the information needs of the City’s intended audience. Social media is used for social networking, and this policy seeks to ensure proper administration of the City of Hastings’ social media sites by its representatives. The City has limited control of social media accounts with third parties (i.e., Facebook, Twitter, etc.). At the same time, there is a general expectation by the public that this City have a social media presence by which to share information about current city projects and city business. For municipal purposes, the City’s social media accounts will be used for incidental, non-vital communication and general information only. It is not the purpose of the city’s social media accounts to be a medium for VIII-04 15 transactions of city business. The one exception is in the case of a natural or man-made disaster, if it is determined by the City that the best means of communicating with the public is through the social media account(s). The City of Hastings wishes to establish a positive and informative social media presence. City representatives have the responsibility to use the City’s social media resources in an efficient, effective, ethical, and lawful manner pursuant to all existing City policies. The City of Hastings will determine, at its discretion, how its web-based social media resources will be designed, implemented, and managed as part of its overall communication and information sharing strategy. City of Hastings social media accounts are considered a City asset and administrator access to these accounts will be securely administered in accordance with the City’s Computer Use Policy. The City reserves the right to shut down any of its social media sites or accounts for any reason without notice. All social media websites created and utilized during the course and scope of an employee’s performance of their job duties will be identified as belonging to the City of Hastings, including a link to the City’s official website. The City of Hastings does not create or maintain social media accounts for its elected officials. This policy applies to any existing or proposed social media websites sponsored, established, registered, or authorized by the City of Hastings. The City’s social media accounts are exclusively the following: 1.City of Hastings Facebook account at https://www.facebook.com/cityhastingsmn 2.City of Hastings Twitter X account at https://X.com/CityHastingsMN https://twitter.com/CityHastingsMN 3.City of Hastings Instagram account https://www.instagram.com/cityhastingsmn/ 4.City of Hastings LinkedIn account https://www.linkedin.com/company/city-of-hastings-mn The City does not create, collect, disseminate, or regulate use of any other social media accounts, including the personal accounts of its elected officials and staff. Questions regarding the scope of this policy should be directed to the Communications Coordinator. Social media are internet and mobile-based applications, websites, and functions, other than email, for sharing and discussing information, where users can post photos, video, comments, and links to other information to create content on any imaginable topic. This may be referred to as “user-generated content” or “consumer-generated media.” Social media includes, but is not limited to: •Social networking sites and apps such as Facebook, LinkedIn, Twitter, and Nextdoor •Blogs •Social news sites such as Reddit and Buzzfeed •Video and photo sharing sites and apps such as YouTube, Instagram, SnapChat, and Flickr •Wikis, or shared encyclopedias, such as Wikipedia •An ever-emerging list of new web-based platforms generally regarded as social media or having many of the same functions as those listed above VIII-04 16 As used in this policy, “employees and agents” means all City representatives, including its employees and other agents of the city, such as independent contractors or councilmembers. “Social media manager” means any city employee or agent with administrator access who, when posting or responding to a post, appears to be the City social media account owner. City social media managers are responsible for managing City social media accounts or websites. Facilities or departments wishing to have a new social media presence must initially submit a request to the City Administrator in order to ensure social media accounts are kept to a sustainable number and policies are followed. All approved sites will be clearly marked as the City of Hastings site and will be linked with the official City website (www. Hastingsmn.gov). No one may establish social media accounts or websites on behalf of the City unless authorized in accordance with this policy. The City’s social media page must conspicuously display or link to a public notice that informs the public of the purpose of the social media presence and the terms one agrees to in accessing, using, or posting to the City’s social media page. Administration of all City social media websites will comply with applicable laws, regulations, and policies as well as proper business etiquette. City social media accounts covered by this policy will not be used by social media managers for private or personal purposes or for the purpose of expressing private or personal views on personal, political, or policy issues or to express personal views or concerns pertaining to City employment relations matters. No City social media account may be used by the City or any social media manager to disclose private or confidential information. No social media website should be used to disclose sensitive information; if there is any question as to whether information is private, confidential, or sensitive, contact the Assistant City Administrator/Human Resources Director. Outside of situations of disaster, no City social media account will be used for transactions of city business. In the event a user initiates a request, application, or question through social media that affects city business or requires another city policy or process to be followed, follow up with that user by phone, email, or other channels. If comments are allowed, in the event of a question of general interest, a response may be given in comments, the initial post may be edited, or a subsequent post may be created to include the information. City of Hastings’ social media managers will not edit any posted comments. However, comments posted by members of the public may be removed if they fall into at least one of the following categories: •Obscene or pornographic content •Direct threats to persons or property •Material asserted to violate the intellectual property of another person •Private, personal information about a person published without their consent •Information that compromises a public safety security system •Statutorily private, confidential, or nonpublic data •Commercial promotions or spam •Hyperlinks to material that falls into one of the foregoing categories VIII-04 17 A member of the public whose comment is removed may appeal the removal of the comment and seek reconsideration of its removal by contacting the City in writing and explaining how the comment does not fall into one of the categories for removal. A written response should be provided as soon as reasonably possible. A member of the public who disputes the legality of any portion of this policy may dispute the particular portion in writing. The City should acknowledge the claim promptly and, upon consultation of the city attorney, respond to the claim concerning legality of the policy portion as soon as reasonably possible under the circumstances. All communications or messages within social media accounts covered by this policy composed, sent, or received on city or personal equipment are the property of the City and will be subject to the Minnesota Government Data Practices Act. This law classifies certain information as available to the public upon request. As no transactions of city business shall be conducted through social media accounts (outside of disasters), in accordance with the City’s records retention schedule, the City shall retain all social media messages only until read. VIII-04 18 Chapter 3 Employee Recruitment and Selection Regular Position Vacancy Announcements Position vacancies, for regular full-and part-time positions, shall be published by posting announcements on the City’s website as well as other sites appropriate for the position. Such postings will normally specify the title and salary of the position, nature of the work to be performed, the minimum requirements of the position, the place to apply, the closing date for receiving applications, and other pertinent information. The objective of the recruitment and selection process is to attract the best qualified applicant available. The City Administrator or designee will determine whether to post the position as open recruitment or internal promotion opportunity. Positions designated as promotional only will normally be open to any City employee who has successfully completed their initial probationary period. Employees who serve in a part-time or paid on- call status will be eligible to apply. Temporary and seasonal employees are not eligible to apply for promotional-only positions. Application The City of Hastings will develop suitable application form(s). All positions, unless noted otherwise, will require the completion of an online employment application for consideration. Supplemental questionnaires may be required in certain situation. The Human Resources Director may extend the application deadline after consultation with the appropriate department head. The Human Resources Director shall establish minimum qualifications for each position with input from the appropriate department head. All candidates must meet the minimum qualifications to be eligible to participate in the selection and testing process. The City may consider alternative experience if it is substantially equivalent to the qualification being required. Examination Applicant qualifications may be evaluated in one or more of the following ways: training and experience rating, written test, oral test or interview, performance or demonstrative test, physical agility test, or other appropriate job-related assessment. Tests for appointment in the City service shall be competitive tests which shall be open only to applicants who meet the minimum qualifications stated on the job posting or qualifications determined to be equivalent by the Human Resources Director. The examinations and results of examinations are private. Each person taking an examination shall be entitled to obtain their final score and may request an examination review with the Human Resources Director to obtain summary information on the results. Applicants who fail an examination will normally not be eligible to retake the examination within the following six months. Sound measurement techniques and procedures shall be used in rating test tests and determining the individual and/or relative ranking of candidates. Candidates are required to attain at least a passing score on each component of the test in order to continue in the selection process. Access to the testing process may be limited to the top candidates based on job-related qualifications. Upon a conditional hire of employment, the City may require pre-employment testing,which may include a physical examination, psychological examination, criminal history background, Federal Motor VIII-04 19 Carrier Safety Administration check, and/or drug/alcohol testing. The information obtained during these kinds of exams will be treated as private records. The City will pay the cost of the exam. Selection and Appointment Appointments and promotions in the City services shall be made according to merit and fitness related to the position being filled. Vacant positions will be filled on the basis of regular full-time, part-time, paid on-call, seasonal or temporary appointment. Part-time employees may be hired into a benefit-earning (at least 30 hours per week) or non-benefit-earning (fewer than 30 hours per week). Relatives of current employees may be hired only if they are the most qualified and there will be no supervisory reporting relationships between them as a result of the hiring. The City Administrator must approve all such appointments. Appointments of the City Administrator and department head positions are made by the City Council. Appointment of all other positions are is done by the City Administrator, or designee, upon recommendation of the department head. Position vacancies may be filled on an “acting” or interim basis as needed prior to filling a position through the normal process. The City Administrator will approve all acting appointments for regular positions. If a current employee is appointed to an acting position and is later hired to fill the regular appointment, with no break in service in the new position, the effective date of the regular appointment will be considered to be the date on which the acting appointment was made. Pay rate adjustment adjustments for acting appointments will be determined by the City Administrator. Pre-Employment Medical Exams The City Administrator or designee may determine that a pre-employment medical examination, which may include a psychological evaluation, is necessary to determine fitness to perform the essential functions of any city position. Where a medical examination is required, an offer of employment is contingent upon successful completion of the medical exam. When a pre-employment medical exam is required, it will be required of all candidates who are finalists and/or are offered conditional employment for a job class. Information obtained from the medical exam will be treated as confidential medical records. Background Checks All finalists and/or candidates given a conditional offer of employment with the City will be subject to a background check to confirm information submitted as part of the application materials and to assist in determining the candidate’s suitability for the position. Denial of Appointment Per Minnesota Statute 364.05, should the City deny an individual a position as a result, either partially or solely, of the applicant’s prior conviction of a crime, subject to the exception set forth in Minnesota Statute 364.09, the applicant shall be notified in writing of: •The grounds and reasons for the denial; •The applicable complaint and grievance procedure set forth in MN Statute 364.06; •The earliest date the applicant may reapply for employment; and •That all competent evidence of rehabilitation will be considered upon reapplication. VIII-04 20 False Information Any applicant who gives false or misleading information on an employment application or supplemental material will be eliminated from further consideration of employment. Discovery of false or misleading information regarding an applicant’s credentials and ability to perform the job responsibilities after hire may result in termination of employment. Hiring Seasonal and/or Temporary Employees The City Administrator or designee may delegate responsibility to the appropriate department for reviewing applications, conducting interviews, and recommending an applicant(s) for hire. Rehiring Seasonal and/or Temporary Employees The City Administrator or designee may authorize departments to rehire previous seasonal or temporary employees, provided there are no disqualifying factors associated with that employee returning to work. Veterans Preference The City will comply with veteran’s preference requirements, as outlined in Minnesota Statutes 43A.11 and 197.455, in its selection procedures. Probationary Period All employees are subject to a twelve-month probationary period. If the probationary employee is performing satisfactorily after 6 months, the City Administrator, upon recommendation by the employee’s supervisor and department head, may grant a compensation adjustment during the probationary period. The probationary period is a working test period during which the employee may be terminated summarily at the sole discretion by the City. Transfers/Promotions Transfers and/or promotions will be based on an employee’s performance record, experience, and ability to perform the responsibilities and expectations of the new position. Transfers may be either at the employee’s request or as a result of a decision by the City of Hastings. Transfers or promotions may require in a background check, drug/alcohol testing, or a probationary period. VIII-04 21 Chapter 4 Organization and Hours of Work Organizational Structure The City of Hastings operates with a Council-Administrator form of government. The City Administrator manages the day-to-day operations of the City. Department heads and managers lead their respective departments to assist in carrying out the operations and initiatives of the City. City employees are critical to the successful operation of the City and its service to residents and visitors. Definitions A.Exempt -management supervisory, professional, sales,or administrative employees, whose positions meet FLSA standards, are exempt from overtime pay requirements. Exempt employees are expected to work the City’s normal operating schedule unless they are using Sick/Vacation or on a leave of absence. Exempt employees are paid a stated weekly salary to achieve results regardless of the number of hours they actually work. B.Non-exempt -Employees whose positions do not meet the FLSA exemption standards are paid overtime. Employees classified as non-exempt generally work in non-supervisory, non- professional,or non-administrative capacities. C.Regular Position—a position that has been approved by the City Council and is reflected in the annual budget. D.Full Time Employment—a person filling this position has successfully completed a review period and is regularly scheduled to work 40 or more hours a week. E.Part-Time Employment—a person who has completed the review period and is regularly scheduled to work less than 40 hours but at least 10 hours a week. F.Temporary/Seasonal Employment—employment required to work for a fixed, yet determined short period of time. Temporary positions may be full or part-time and are eligible for legally mandated benefits such as worker’s compensation and social security but are not eligible for other City benefits. Note: If your status changes from temporary or part-time to full-time, you are considered hired on the date you become a full-time employee for purposes of calculating eligibility for benefits that require full- time employment for eligibility purposes. Expectations It’s important for each employee to report to work on time and to maintain a good attendance record. Employees are expected to be in attendance and working during all scheduled hours of work. The City of Hastings recognizes that circumstances beyond your control may cause you to be absent from work for all or part of a day. However, unauthorized absence or tardiness may result in corrective action, up to and including termination. If are unable to report for work, employees are required to notify their immediate supervisor within 15 minutes of the employee’s scheduled workday if they will be late or not in to work that day. Leaving a voicemail or a message with another staff member does not qualify as notifying your supervisor –you must communicate directly with your supervisor. If you are absent for more than one day, you must contact your supervisor each day. When absence is due to illness, the City of Hastings reserves the right to require appropriate medical documentation. Excessive absenteeism or tardiness can result in corrective action, up to and including discharge. (Also see the section on Family and Medical Leave for extended leave situations.) VIII-04 22 You are expected to be at your work location at the beginning of each shift/business day. If you are delayed, you must contact your manager directly and state the reason for the delay. Regular delays in reporting to work will result in disciplinary action and/or loss of pay for the time not worked. Work Week A workweek begins on Monday at 12:01 a.m. and ends on Sunday at 12 Midnight. Breaks Non-exempt, Full-Time Employees—a lunch break of 30 minutes, unpaid, and two 15-minute paid rest breaks per day (unless noted otherwise in collective bargaining agreement). Part-Time Employees—one paid 15-minute break for each 4 hours worked, and 30 minutes unpaid lunch break per day Employees are entitled to one paid 15-minute break during each four-hour work period. This break must be at least long enough to allow use of the nearest convenient restroom, whichever is longer. Employees working six or more consecutive hours will receive an unpaid 30-minute meal break.All employees are required to take their 30-minute meal break. Employees are not permitted to exchange their required breaks for leaving early. Lactation Breaks The City of Hastings complies with state law allowing employees who need to express breast milk for their infant children reasonable break time. The paid break time must, if possible, run concurrently with any other break time already provided to the employee. The City of Hastings will provide a clean, private, secure room that is shielded from view other than a bathroom or toilet stall, free from intrusion from coworkers and the public,and includes access to an electrical outlet for the employee to express milk in privacy. The City of Hastings will not retaliate against an employee for asserting their rights under this MN statute. Performance Feedback Each and every employee contributes to the success of the City of Hastings. We expect everyone to perform to the highest level possible. Poor job performance can lead to corrective action up to and including termination of employment., It is the City’s expectation that written performance feedback is given to and discussed with each employee at least one time per year. Because our employees’ performance is vital to our success, it is also expected that performance feedback be provided to employees informally throughout the year. Written performance feedback will become part of the employee’s personnel file. We require all employees to participate in the review process when it occurs. Remote Work The City of Hastings is committed to providing excellent customer service for our residents, as well as attracting and retaining critical employee talent. A remote work policy provides these benefits to the City and is hereby adopted according to the guidelines found in Appendix B. VIII-04 23 Chapter 5 Compensation, Payroll,and Time Reporting Non-Union Employee Compensation Administration Annually, the City Administrator or designee will prepare and submit to the City Council for its approval a non-union compensation schedule.Any amendments to an adopted pay plan will be based on changes in the position responsibilities, the City’s financial status, market comparisons, general economic conditions, federal or state law,or other pertinent factors. Pay Adjustments Employees are generally given pay adjustments at the following times: •At the successful completion of a probationary period; •On January 1 each year as part of a general pay adjustment (cost of living adjustment—may be subject to budget or other conditions) •At such other times as have been negotiated and/or recommended by the City Administrator. Working Out of Classification Employees assigned to temporarily work in a position of a higher classification as a result of an extended absence by a co-worker may qualify for additional compensation. Additional compensation may be warranted if the temporary assignment is for a minimum of 30 consecutive calendar days and upon review of the employee’s current wage and the additional duties assigned as part of the temporary classification. Payroll Payday is every other Friday, for a total of 26 pay periods in a twelve-month periodcalendar year. When a payday occurs on a holiday, wages are issued on the day before the holiday. Employees must submit a timesheet, documenting hours worked and time taken within 15-minute increments to be paid (.25, .50, .75). Timesheets are legal documents and are reviewed for accuracy. Failure to submit timesheets in a timely manner or falsification of a timesheet may result in disciplinary action, up to and including termination. The City requires direct deposit of payroll checks to all regular full-and part-time employees, , seasonal, and temporary employees,election judges, and elected officials. Payroll Deductions All mandatory deductions (and withholdings), such as federal income tax, Social Security, state, city and/or local income tax and disability, as applicable, as well as all authorized voluntary payroll deductions, such as for health insurance, other employee benefits and other deductions, as arranged with Human Resources, will be withheld automatically from your paycheck. Longevity Full-time employees and Paid-on-call Firefighter/EMTs earn longevity based upon continuous employment as a regular status full-orfull-or part-time, and paid on-call employees as follows: 5 years of employment:1% of salary 10 years of employment:2% of salary 15 years of employment:3% of salary 20 years of employment:4% of salary VIII-04 24 Longevity credit will accrue as long as there is no break in regular employment status. Time Reporting Full-time, non-exempt employees are expected to work the number of hours per week as established for their position. They will be paid according to the time reported on their timesheet. To comply with the provisions of the federal and state Fair Labor Standards Acts, hours worked,and any leave time used by non-exempt employees are to be submitted to payroll on a bi-weekly basis. Time shall be accounted for in 15-minute increments. False reporting on a timesheet may be cause for discipline, up to and including termination. Overtime and Compensatory Time The City of Hastings will determine whether each position is designated as exempt or non-exempt. Generally, employees in executive, administrative,and professional job classes, as defined by the Fair Labor Standards Act, are exempt; all others are non-exempt. A.Non-Exempt Employees For all non-exempt employees defined by the Fair Labor Standards Act (FLSA), 40 hours constitutes a normal working week. All hours worked in excess of 40 hours in a week will be referred to as overtime. Supervisors are responsible for scheduling work to minimize overtime. All hours worked in excess of 40 hours in a week must be approved prior to being worked. For purposes of completing timesheets and calculating overtime hours worked shall be defined as those hours actually worked or accounted for by holidays. Use of vacation, sick, or compensatory time does not count towards hours worked for calculating overtime eligibility. The employee’s supervisor must approve overtime hours in advance. An employee who works overtime without prior approval may be subject to disciplinary action. When assigned work by their immediate supervisor in excess of 40 hours in a workweek, non- exempt employees are eligible to accrue compensatory time or be paid overtime at a rate of 1.5 times their regular rate of pay. Compensatory time may be accrued up to 80 hours. Compensatory time is to be requested off in the same manner as other leave requests. B.Exempt Employees For all employees specifically exempted from the overtime provisions of the FLSA, all hours worked in excess of 80 hours in a two-week period shall be eligible for earning compensatory time at straight time. Compensatory time may be accrued up to 120 hours. Compensatory time is to be requested off in the same manner as other leave requests. Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors, and therefore generally need to work 40 or more hours per weekwork. Exempt employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed. On December 1 each year, the City will initiate payout of all compensatory time accrued over 80 hours, with a maximum payout of 40 hours. VIII-04 25 Wage Disclosure Protections The City of Hastings will not prohibit employees from discussing their wages as a condition of employment. Per Minnesota Statute 181.172, the City of Hastings will not require an employee to sign a waiver or other document that takes away their right to disclose their wages.Nothing in this section shall be construed to: •Create an obligation for the employer or employee to disclose wages; •Permit an employee, without the written consent of the employer, to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege or protected by law; •Diminish any existing rights under the National Labor Relations Act under United States Code, Title 29; or •Permit the employee to disclose wage information of other employees to a competitor of their employer. The City will not retaliate against an employee for asserting their rights or remedies under Minnesota StatuteStatutes. VIII-04 26 Chapter 6 Benefits Eligibility and Enrollment Employee benefits are available to individuals employed in regular positions and scheduled to work an average of 30 hours or more per week. Employees in regular positions who do not meet the eligibility criteria for health insurance may still qualify for certain City-sponsored benefits. The City of Hastings retains the discretion to select insurance carriers and determine the scope of benefits for employee group insurance plans. The City also determines the amount it contributes toward employee insurance coverage. Any costs exceeding the City's contribution will be the responsibility of the employee and will be deducted from their paycheck. Employees have the opportunity to review and modify their insurance selections during the annual open enrollment period. Additionally, certain qualifying life events may trigger a special enrollment period. For more information, please contact Human Resources. Employee benefits apply to those employees hired for regular, full-time employment (2080 hours/year). Employees hired for regular employment less than full-time may be eligible for certain benefits.The selection of carrier and determination of benefits for employee group insurance is at the discretion of the City of Hastings. The City will determine any amount of City contribution towards insurance. Any additional cost beyond what is provided by the City shall be payable by employee deductions. Employees will have an opportunity on an annual open enrollment basis to review and change their insurance selections. Employees may also have a qualifying event that sparks a special enrollment period. See Human Resources for details. Health Insurance All regular, non-union, full-timeeligible employees are provided single health insurance coverage paid by the City. All regular full-time employees may elect family health insurance at the employee’s cost. Life Insurance All regular, non-union full-timeeligible employees and City Councilmembers are provided a $50,000 life and AD&D policy paid by the City. Additional coverage may be applied for by an employee at the employee’s cost. Long Term Disability All regular, non-union, full-timeeligible employees are provided with a long-term disability policy paid by the City. Dental Insurance All regular full and part-time employees are eligible to purchase dental insurance through the City’s group dental policy at the employee’s cost. Vision Insurance All regular full-and part-time employees are eligible to purchase eye care insurance through the City’s group eye care policy at the employee’s cost. VIII-04 27 Health Savings Account (HSA) and Voluntary Employees’Beneficiary Association (VEBA) The City provides employees with access to both a Health Savings Account (HSA)and a Voluntary Employees’ Beneficiary Association (VEBA)account, depending on eligibility and enrollment selections. •Health Savings Account (HSA): Employees enrolled in a High Deductible Health Plan (HDHP) may contribute pre-tax dollars to an HSA through payroll deductions. The City may also make contributions to an active employee's HSAs as part of the benefits package. Combined employee and employer contributions cannot exceed the annual limits set by the IRS. Employees own their HSA accounts, and funds roll over from year to year without expiration. •Voluntary Employees’ Beneficiary Association (VEBA): The City may contribute to a VEBA account on behalf of active employees. VEBA funds can be used to reimburse eligible medical expenses and are held in trust for the employee’s benefit. VEBA balances carry over from year to year and remain available for future eligible expenses. Employees are responsible for monitoring their contributions to ensure compliance with IRS limits. Contribution amounts and City funding levels will be outlined during open enrollment and in the annual benefits summary. Flexible Spending Account (FSA) The City offers two types of Flexible Spending Accounts (FSA): a Medical FSA and a Dependent Care FSA. 1.Medical FSA Eligibility Employees must be eligible to participate in the City’s health insurance plan in order to enroll in the Medical FSA. 2.Dependent Care FSA Eligibility Employees must be actively employed by the City in order to enroll in the Dependent Care FSA. 3.Contribution Limits Contribution limits for both the Medical FSA and the Dependent Care FSA shall be consistent with the maximum amounts established annually by the Internal Revenue Service (IRS). All regular full and part-time employees are eligible to annually direct up to $5,000 into a Dependent Care Reimbursement Account to pay for day care expenses and/or up to $3,000 into a Medical Spending Reimbursement Account to pay for eligible health care expenses that would otherwise be paid out of pocket. Deferred Compensation Under section 457 of the IRS code, an employee may generally defer a maximum of 25% of pre-tax income, up to the an annual maximum, through pre-tax or Roth payroll deduction. Roth and Traditional IRA Employees may participate in a Roth or Traditional IRA through payroll deductions. VIII-04 28 Employee Assistance Program Employees have confidential access to an Employee Assistance Program (EAP), paid for by the City. An employee having job performance problems may be referred to the EAP provider by their supervisor. In such a situation, it will be the responsibility of the employee to comply with the referrals and recommendations of the EAP provider. If an employee refuses to comply, the matter will be treated in the same way as a refusal or failure to comply with other City policies or procedures. Public Safety employees may access mental health professionals through departmental programs. Public Employee’s Retirement Association (PERA) In accordance with state law, employees are required to participate in the Public Employee’s Retirement Association (PERA). See the PERA website for eligibility for specific programs. Employee Recognition The City has adopted a program to annually recognize employees’ continuous length of service. Recognition awards of a nominal value will be given to employees celebrating years of service as a full or part-time employee in 5-year increments, as adopted by the City Council. The annual recognition program has been approved by the Hastings City Council and is part of the City’s compensation plan. VIII-04 29 Chapter 7 Holidays Holidays All regular full and part-time non-union employees will receive the following holidays off with pay: New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day Two Floating Holidays Regular, part-time employees receive holiday pay on a prorated basis for all City holidays, regardless of whether they are scheduled to work on the day on which the holiday is recognized. This may result in adjusting schedules to maintain the number of budgeted hours for that position. A holiday that falls on a Saturday will be observed the preceding Friday. A holiday that falls on a Sunday will be observed the following Monday. Floating Holidays New employees who begin employment by June 30 are eligible for two floating holidays. Employees who begin employment after June 30 are eligible for one floating holiday that year. Regular, part-time employees will receive credit for floating holidays on a pro-rated basis, subject to the budgeted hours scheduled. Floating holidays must be taken in the full increment earned, and cannot be carried over to the next calendar year. VIII-04 30 Chapter 8 Leaves of Absence Vacation All regular full-time employees are eligible to accrue vacation according to the following schedule (unless noted differently in the respective collective bargaining agreement):All regular, non-union, full- time employees will earn vacation based on the table below. Regular, part-time employees will earn vacation on a prorated basis, up to the maximum accrual equal to a full-time employee's accrual rate Years of Service (date of hire) Annual Accrual Hours Days 0-1 88 11 Beginning of 2nd 2nd year 96 12 Beginning of 3rd year 104 13 Beginning of 4th year 112 14 Beginning of 5th year 120 15 Beginning of 6th year 128 16 Beginning of 7th year 128 16 Beginning of 8th year 136 17 Beginning of 9th year 136 17 Beginning of 10th year 144 18 Beginning of 11th year 144 18 Beginning of 12th year 152 19 Beginning of 13th year 160 20 Beginning of 14th year 168 21 Beginning of 15th year 176 22 Beginning of 20th year 200 25 Regular, part-time employees will earn vacation on a prorated basis, up to the maximum accrual equal to a full-time employee accrual rate. For new hires, the City Administrator may consider other years of experience for vacation accrual rates. All vacation requests are subject to the approval of the supervisor and department head. Unauthorized time off may be considered leave without pay and subject to discipline. VIII-04 31 Vacation may be accrued up to the following maximum: Years of Service Maximum Accumulation 0-5 120 hours 6-10 180 hours 11+300 hours Non-Exempt employees—no vacation will be earned over the maximum allowable hours at any one time. Exempt Employees—vacation may be earned over the maximum allowable hours during the calendar year. Any hours over that maximum must be used by the employee by December 31 of each year,or it will be forfeited by the employee. Sick Leave All regular full-time employees are eligible to accrue sick leave at a rate of 96 hours per twelve-month period. Regular part-time employees will earn sick leave on a prorated basis, up to the maximum accrual equal to a full-time employee employee's accrual rate. Sick leave may be accumulated to a maximum of 960 hours.Sick leave may be used as it is accrued in the smallest increment of time tracked in the City’s payroll system, which is in 15-minute increments. No advance of sick leave will be allowed. Employees can use their sick leave for reasons such as: the employee’s mental or physical illness, treatment or preventive care; a family member’s mental or physical illness, treatment or preventive care; absence due to domestic abuse, sexual assault or stalking of the employee or family member; closure of the employees’ workplace due to weather or public emergency or closure of a family member’s school or care facility due to weather or public emergency; and when determined by a health authority or health care professional that the employee or family member is at risk of infecting others with a communicable disease. Family includes the employee’s spouse,or registered domestic partner; child, including 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; biological, adoptive or foster, parent, stepparent or a person who stood in loco parentis when the employee was a minor child;sibling, stepsibling or foster sibling; grandchild, step-grandchild or foster grandchild; grandparent or step-grandparent; child of a sibling of the employee; sibling of the parents of the employee; child-in-law or sibling-in-law; any of the family members previously listed of an employee’s spouse or registered domestic partner; any other individual related by blood or whose close association with the employee is the equivalent of a family relationship; up to one individual annually designated by the employee. Employees are required to give seven days’ advance notice when using sick time for foreseeable needs of time off. If not foreseeable,employees are required to notify their immediate supervisor within 15 minutes of the employee’s scheduled workday, or as soon as is practicable,if they will be late or not in VIII-04 32 to work that day for sick leave use. Employees must provide daily updates to their immediate supervisor. When an employee uses Sick Leave for more than three consecutive days, the City may require appropriate supporting documentation (medical documentation, court records or other related documents). 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, Sick Leave 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 Sick Leave to find a replacement worker to cover the hours the employee will be absent. An employee may be required, before being permitted to return to work, to provide medical evidence that they are able to perform all significant duties of their job in a competent manner and without hazard. Claiming sick leave when mentally and physically fit, unsubstantiated excessive sick leave use, or failure to notify as outlined in this policy may be cause for disciplinary action. Once 960 hours of sick leave has been accumulated, the leave accrual will be as follows: •½ of the accrual will be placed in a Prolonged Illness Bank. An employee may only use the prolonged illness bank after all other accumulated sick leave has been used. •½ of the accrual will be earned as additional vacation. All vacation hours is are subject to the maximum accrual cap. Earned Sick and Safe Leave Effective January 1, 2024, employees not covered by the above Sick Leave policy (temporary, seasonal, and paid on-call), and who work at least 80 hours in calendar aa calendar year for the City, will be covered by the Earned Sick and Safe Leave policy that follows. Employees covered under this policy earn one hour of Earned Sick and Safe Leave for every 30 hours worked, up to a maximum of 48 hours of Sick and Safe Leave per calendar year. Employees can use their sick leave for reasons such as: the employee’s mental or physical illness, treatment or preventive care; a family member’s mental or physical illness, treatment or preventive care; absence due to domestic abuse, sexual assault or stalking of the employee or family member; closure of the employees’ workplace due to weather or public emergency or closure of a family member’s school or care facility due to weather or public emergency; and when determined by a health authority or health care professional that the employee or family member is at risk of infecting others with a communicable disease. Family includes the employee’s spouse or registered domestic partner; child, including 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; biological, adoptive or foster, parent, stepparent or a person who stood in loco parentis when the employee was a minor child; sibling, stepsibling or foster sibling; grandchild, step- grandchild or foster grandchild; grandparent or step-grandparent; child of a sibling of the employee; VIII-04 33 sibling of the parents of the employee; child-in-law or sibling-in-law; any of the family members previously listed of an employee’s spouse or registered domestic partner; any other individual related by blood or whose close association with the employee is the equivalent of a family relationship; up to one individual annually designated by the employee. Employees are required to give seven days’ advance notice when using sick time for foreseeable needs of time off. If not foreseeable, employees are required to notify their immediate supervisor within 15 minutes of the employee’s scheduled workday, or as soon as is practicable, if they will be late or not in to work that day for sick leave use. Employees must provide daily updates to their immediate supervisor. When an employee uses Sick Leave for more than three two consecutive days, the City may require appropriate supporting documentation (medical documentation, court records or other related documents). 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, Sick Leave 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 Sick Leave to find a replacement worker to cover the hours the employee will be absent. An employee may be required, before being permitted to return to work, to provide medical evidence that they are able to perform all significant duties of their job in a competent manner and without hazard. Claiming sick leave when mentally and physically fit, unsubstantiated excessive sick leave use, or failure to notify as outlined in this policy may be cause for disciplinary action. Employees are eligible for carry over accrued but unused Earned Sick and Safe time into the following year, but the total of Earned Sick and Safe Leave carry over hours shall not exceed 80 hours. Unused accrued time will not be paid out upon separation. The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting Earned Sick and Safe Leave rights, requesting an Earned Sick and Safe Leave absence, or pursuing remedies. Further,use of Earned Sick and Safe Leave 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 Earned Sick and Safe Leave. An employee returning from time off using accrued Earned Sick and Safe Leave is entitled to return to their city employment 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 Earned Sick and Safe Leave 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 Earned Sick and Safe Leave that had not been used will be reinstated. An employee is entitled to use and accrue Earned Sick and Safe Leave at the commencement of reemployment. VIII-04 34 Sick Leave Donation Employees may donate up to 32 hours annually to be used by employees experiencing a medical emergency. A medical emergency is a medical condition by the employee, or a child, spouse or parent of the employee that will require the prolonged absence of the employee from duty and will result in a substantial loss of income to the employee. Participation in the sick leave donation program will be voluntary and confidential. There is no cash value payout of donated sick leave. Any unused donated sick leave will be returned to the donated sick leave pool. See full Sick Leave Donation policy in Appendix A. Funeral Bereavement Leave Paid time may be used by a regular employee in the case of a death in the immediate family. For full- time employees, up to 40 hours per occurrence may be paid, as actually required and as approved by the department head. Part-time employees are eligible for up to 20 hours per occurrence. The leave may be used intermittently,provided the intermittent use is approved in advance by the employee’s supervisor Immediate family is defined as the employee’s spouse or domestic partner, parent, child(ren)/step/foster, brother/sister, sister/brother-in-law, mother/father-in-law, grandparents/spouse’s grandparents, grandchildren, step parents, legal guardians. Jury Duty The City will provide employees with paid leave for jury duty in compliance with state statute and in matters related to the employee’s employment with the City. The employee will receive full pay during jury duty, in exchange for submitting any payments received while serving as a juror. Employees retain mileage paid to the employee on jury duty. Jury Duty can last from several days to several months or more. During this time,you will be considered on a leave of absence and will be entitled to continue to participate in insurance and other benefits as if you were working. While serving on Jury Duty, you are expected to call in to your supervisor periodically to keep them apprised of your status. Employees are expected to be at work when their presence is not required in court. Witness and Victim Leave The City will provide reasonable time off work to an employee who is a victim or a witness who is subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony. The City will also provide reasonable time off work for an employee who is the victim of a violent crime, as well as the victim’s spouse or immediate family member (parent, spouse, child or sibling of the employee) to attend criminal proceedings related to the victim’s case. An employee may also use vacation leave when attending court under this section. An employee must give 48 hours advance notice to the City of their need to be absent under this section unless it is impracticable or an emergency prevents them from doing so. The City may request verification that supports the employee’s need for this type of leave School Conference and Activities Leave All regular employees are entitled to a maximum of 16 unpaid hours per 12-month period to attend school and pre-kindergarten conferences or school related activities for their child which cannot be scheduled during non-work hours. VIII-04 35 Minnesota Pregnancy and Parental Leave Regular employees who have been employed by the City for at least 12 months and who hashave worked an average of 20 hours per week are provided with up to twelve (12) unpaid weeks of parental leave upon the birth or adoption of a child, per Minnesota statute. This leave can also be used to cover prenatal care, incapacity due to pregnancy, childbirth, or related conditions for female employees. The employee must have worked for the City of Hastings for at least twelve (12) months preceding the request; and for an average number of hours per week equal to one-half the full-time equivalent position in the employee’s job classification during the 12-month period immediately preceding the leave. An employee should request a leave in writing and submit it to the appropriate manager and Human Resources at least 30 days prior to the leave. The leave may begin anytime within twelve (12) months after the birth or adoption of a child, or within twelve (12) months after the child leaves the hospital, if the child remains in the hospital longer than the mother. Prior to the City granting parental leave under this section, benefits eligible to the employee under the Family Medical Leave Act will run concurrently. The maximum allowed unpaid leave under FMLA and Pregnancy and Parental leave is twelve (12) weeks. Pregnancy Accommodation The City of Hastings will provide reasonable accommodations tofor an employee for health conditions related to pregnancy or childbirth if requested. The City of Hastings will offer the following accommodations to the pregnant or lactating employee employees without requiring them to seek advice of a licensed health care provider or certified doula: more frequent restroom, food and water breaks; ,seating; and limits on lifting over 20 pounds. Employees have the right to request other workplace changes when given advice from a health care provider or doula. The City of Hastings will not retaliate against an employee foremployee requesting or obtaining accommodation under this section. Further, the City of Hastings shall not require an employee to take a leave or accept an accommodationaccommodation. Bone Marrow Donation Regular employees who work an average of 20 hours per week are provided up to 40 hours of paid leave for the purpose to undergoof undergoing a medical procedure to donate bone marrow. An employee may request leave to serve as a bone marrow donor if the employee is a match to someone needing the donation. The employee must notify Human Resources of the need to take leave at least 30 days before the procedure is scheduled to take place. Written medical certification of the need for leave is also required. Leave will not generally be granted more than once in a 12-month period. The City of Hastings will not retaliate against you for requesting or obtaining a Bone Marrow Donor Leave. Military Leave Employees serving in the reserve or National Guard will be entitled to paid and unpaid military leaves of absence as now or hereafter authorized by state and federal statutes. During paid leave to participate in National Guard or Reserve training, there shall be no loss of seniority, sick leave, or vacation rights. The VIII-04 36 employee shall be paid their regular pay while on such leave, not to exceed 15 days per year. Leave in excess of this shall be without pay or be deducted from accrued vacation and compensatory balances. Leave from employment to participate in military duty is addressed in federal law in the Uniformed Services Employment & Reemployment Rights Act ([USERRA]38 USC Sections 4301-4333). Public employees in Minnesota engaged in military service have additional benefits under Minnesota Statutes 192.26-192.261. Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which you are otherwise eligible. When an employee returns from Military Leave, they will be reinstated to their previous position or a position of like seniority, status and pay that they would have attained if they had remained continuously employed. For the purpose of determining benefits that are based on length of service, the employee will be treated as if they had been continuously employed. Any employee who has questions about Military Leave, should contact Human Resources for more information. Family Military Leave The City of Hastings will grant an unpaid leave of absence of up to ten (10) working days to qualified employees under the following conditions: •The employee's immediate family member must be a member of the armed forces and has been injured or killed while engaged in active service, or •The employee's immediate family member has been ordered into active service in support of a war or other national emergency. Immediate family member includes parent, child, grandparents, spouse or siblings. The employee should give the City of Hastings as much notice as practicable to take a leave under this policy. Family and Medical Leave Employees who have been employed by the City of Hastings for at least twelve months and have worked a minimum of 1250 hours within the previous twelve-month period are eligible for leave under the provisions of the federal Family and Medical Leave Act (FMLA),found under 29 CFR Part 825. The City intends to comply with federal FMLA definitions and regulations, which will be applied if in conflict with City policy. Eligible Leave The following constitutes eligible leave: to care for the employee’s newborn or newly-placed adopted or foster child; to care for an immediate family member (the employee’s parent, child or spouse) with a serious health condition, and the employee’s own serious health condition which prevents the employee from performing the essential functions of the position. Federal FMLA law defines eligible leave. In accordance with the National Defense Authorization Act of 2008, employers must also grant eligible employees FMLA leave for family members called to active military duty and additional leave (up to 26 VIII-04 37 weeks) to care for family members injured while on active military duty.See Human Resources for additional details on these types of leave. Notification Eligible employees must provide written notice at least 30 days in advance if the leave is foreseeable. If a 30-day notice is not possible, as much advance notice as practical must be given. Planned medical treatment should be scheduled so that it will not unduly disrupt the City’s operations. The City may place an employee on FMLA leave if leave taken by the employee is more than three days in length and which qualifies as an FMLA-qualifying event. Length The length of the leave will not exceed 12-weeks in a 12-month period. The 12-month period is measured forward from the first date eligible leave is used. Leave may be taken on an intermittent schedule only if it does not unduly disrupt the operations of the City or it is medically necessary for a serious medical condition for the employee, the employee’s spouse, child, or parent.The 12-month period for determining FMLA eligibility and entitlement will be measured backward from the date an employee first uses FMLA leave. When an employee takes FMLA leave, the remaining leave entitlement will be the balance of the 12 weeks that have not been used during the immediate preceding 12-month period. Medical Certification The City may request a certification from a health care provider to support a requested and/or eligible leave under FMLA provisions to care for a serious health condition. The certification will contain the following information: •The date the condition(s) began and the probable duration; •Diagnosis and treatment prescribed; •Appropriate medical facts; •A statement that the eligible employee is needed to care for the child, spouse, or parent and the estimated time that said employee is needed to care for the family member; •A statement that the employee is unable to perform the functions of the employee’s job; •In the case of intermittent leave, the dates on which such treatment is expected to be given and the duration of said treatment. The City may require a second medical opinion at the City’s expense. Where there are conflicting medical opinions, a third and deciding opinion may be required by the City, at the City’s expense. The third provider will be agreed to jointly by the City and the employee and that provider’s opinion shall be considered to be final and binding. Paid Leave and Use of Accrued Leave The City will provide 20 days of paid leave at 50% and employees will be required to use accrued leave to supplement. Employees will be required to use all accrued leave available prior to taking an unpaid leave. Eligibility for City-paid leave follows FMLA guidelines. The use of paid leave occurs simultaneously with FMLA and does not extend the length of FMLA leave. VIII-04 38 Insurance During FMLA leave, health insurance coverage will be maintained at the same level and under the same conditions as if the employee continued working. Employees will be responsible for payment of the employee’s portion of premiums in a timely manner. The employee may choose not to maintain insurance coverage during an unpaid FMLA leave.Employees still earning a paycheck will have their portion of the insurance premiums deducted. Employees who are on unpaid leave or being paid from other sources will be billed monthly for their portion of the insurance premiums. Return to Work The City may require a medical certification attesting to the employee’s fitness for duty prior to return to work, which must attest to the employee’s ability to perform the essential functions of the position. The City may deny reinstatement until such certification is provided. If an employee fails to return to work, or returns to work for less than 30 days following FMLA-eligible leave, the City may recover the premiums paid by the City for group health benefits. Medical Information The City of Hastings has adopted a policy that protects the privacy and confidentiality of protected health information (PHI) whenever it is used by City representatives. The private and confidential use of such information will be the responsibility of all individuals with job duties requiring access to PHI in the course of their jobs. PHI refers to individually identifiable health information received by the City’s group health plans and/or received by a health care provider, health plan or health care clearinghouse that relates to past or present health of an individual or for payment of health care claims. PHI information includes medical conditions, health status, claims experience, medical histories, physical examinations, genetic information and evidence of disability. Annually, or as necessary, the City performs enrollment, changes in enrollment and payroll deductions, helps in claims problem resolution and explanation of benefits issues, and assists in coordination of benefits with other providers. Some or all of these activities may require the use or transmission of PHI. Thus, all information related to these processes will be maintained in confidence and employees will not disclose PHI from these processes for employment-related actions. Personnel record and disclosures of PHI will be maintained for a period of six (6) years as required by federal law, unless a state law requires a longer retention period. Records that have been maintained for the maximum interval will be destroyed in a manner to ensure that such data is not compromised in the future in accordance with the company record destruction policy. Minnesota Paid Family and Medical Leave Under Minnesota Paid Family and Medical Leave (MPL), employers can choose to meet their responsibilities to Minnesota Paid Leave by providing employees with an equivalent plan that meets or exceeds the coverage offered by the state. This policy ensures compliance with MPL’s law by providing an approved private-equivalent plan. The City has selected an approved equivalent private plan. VIII-04 39 Eligibility To be eligible for Paid Leave, employees must work at least 50% of the time from a location in Minnesota, have earned at least 5.3% of the state’s average annual wage in the past year, and experiences a qualifying event lasting at least seven days. Types of Leave Covered The City’s private plan covers the same leave reasons allowed under the state law: •Medical Leave –Your own serious health condition,including childbirth, conditions related to pregnancy, or surgery. A serious health condition means a physical or mental illness, injury, impairment, condition, or substance use disorder. Taking care of themselves 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. •Family Leave o Bonding leave –to care for and bond with a new child welcomed through birth, adoption, or foster placement. o Caring leave –to care for a family member with a serious health condition o Military family leave –to support a family member called to active duty o Safety leave –to respond to issues such as domestic abuse, sexual assault, or stalking Benefit Year and Length Employees may qualify to take up to 12 weeks of family or medical leave benefit per benefit year. If an employee needs both family and medical leave in the same benefit year, they may qualify for up to 20 weeks in total. The benefit year is defined as the 12-month period for determining MPL eligibility,and entitlement will be measured backward from the date an employee first uses MPL leave. When an employee takes MPL leave, the remaining leave entitlement will be the balance of the 12 weeks that have not been used during the immediate preceding 12-month period. Requesting Leave Employees requesting PML must give at least 30 days’ notice in writing to Human Resources for foreseeable leave, or as soon as possible for unforeseen events.Employees will need to submit required claim forms directly to the private plan administrator and provide medical or other documentation as required by the plan and consistent with state law. Coordination with Other Leave MPL may run concurrently with the federal Family and Medical Leave Act (FMLA) and/or Minnesota Parental Leave Act. Intermittent Leave Intermittent leave is permitted when medically necessary or when needed for qualifying or safety reasons. Employees must make reasonable efforts to schedule intermittent leave in a way that minimizes disruption to business operations. Intermittent leave counts towards the employee’s total MPL entitlement for the benefit year. Employees are allowed up to 480 hours of intermittent leave. Any leave beyond 480 hours must be taken consecutively. Intermittent leave must be used in increments of at least 4 hours. VIII-04 40 Premium Contributions The employer and employee will split the premium percentage rate 50/50. The employee’s portion of the premium will be paid through payroll deductions. The premium percentage cannot exceed the maximum as set by Minnesota law. Wage Replacement Wage replacement is based on how much the employee normally earns. Most employees will receive between 55% and 90% of their regular wages, with a cap set by the state’s average weekly wage. Benefit payments are made directly through the private plan administrator. Employees may choose to use vacation, sick, or Earned Sick and Safe Time (ESST)benefits to supplement their Paid Leave. Job Protection and Benefit Continuation Employees who have worked for the City for at least 90 days prior to leave are entitled to reinstatement to the same or equivalent position and seniority upon return. Employee benefits will continue while on Paid Leave. Employees are expected to pay their portion of benefits as if they were working.Employees still earning a paycheck will have their portion of the insurance premiums deducted. Employees who are not earning a paycheck or being paid from other sources will be billed monthly for their portion of the insurance premiums. Holidays and Leave Accrual Employees who are on MPL Leave shall not receive holiday pay or accrue any formvacation,sick or earned sick & safe time of leave during the period of continuous absence, regardless of whether they continue to receive a paychecktheir use of other accrued leave. Non-Retaliation The City of Hastings strictly prohibits retaliation, discrimination, or adverse action against employees for requesting or taking MPL. Unpaid Leave of Absence Employees may be granted an unpaid leave of absence after all accrued leave has been exhausted, based on legal requirements, City operational needs, and the employee’s performance record and length of service. Requests for an unpaid leave of absence must be in writing. The City Administrator may approve qualifying unpaid leaves of absence up to the length of FMLA-eligible leave. Unpaid leaves in excess of FMLA and/or leaves which do not qualify for FMLA eligibility may be approved up to 30-days in length by the City Administrator; any leave in excess of 30 days must be approved by the City Council. Leave accruals will be pro-rated based on the number of hours worked, if any.Employees who are on unpaid leave shall not receive holiday pay or accrue any form ofsick, earned sick & safe time,or vacation leave during the period of continuous absence. Leave Without Approval Employees must receive prior approval for an absence from work for foreseeable events and as soon as possible for unforeseeable events. Any absence from duty without approval by the employee’s supervisor or appropriate designee may be subject to discipline, up to and including discharge. VIII-04 41 Severe Weather When severe weather conditions prohibit employees from reporting to or completing the employee’s regular work shift, only those hours actually worked shall be paid. Hours not worked must be accounted for through vacation or compensatory time. Time off to Vote All eligible employees are encouraged to vote. While many polling facilities are open to accommodate working voters, employees eligible to vote in an election may take time off during the early voting period prior to or on Election Day for a reasonable period to vote without loss of wages or salary. A reasonable period includes the time necessary to appear at the employee's polling place, cast a ballot, and return to work. “Election” for purposes of this section includes a regularly scheduled state primary or general election, an election to fill a vacancy for a US senator or representative, and a presidential primary. Election Judges An employee who is selected to serve as an election judge pursuant to section 204B.21, subdivision 2, after giving the City at least 20 days' written notice, may be absent from work for the purpose of serving as an election judge without penalty. The City may reduce the salary or 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. Leave Without Approval Employees must receive prior approval for an absence from work for foreseeable events and as soon as possible for unforeseeable events. Any absence from duty without approval by the employee’s supervisor or appropriate designee may be subject to discipline, up to and including discharge. An employee who is absent from work without approval for three working days in a one-year period may be considered to have voluntarily resigned from employment with the City. VIII-04 42 Chapter 9 Respectful Workplace The City of Hastings is committed to creating and maintaining a public service workplace free of harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964, the Minnesota Human Rights Act, and other related employment laws. In keeping with this commitment, the City maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. Discriminatory behavior includes 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 with regard to public assistance This policy statement is intended to make all employees, volunteers, members of boards and commissions, applicants, contractors/vendors, and elected officials and members of the public aware of the matter of harassment, but specifically sexual harassment, to express the City’s strong disapproval of harassment, to advise employees against this behavior and to inform them of their rights and obligations. The most effective way to address any sexual harassment issue is to bring it to the attention of management. Maintaining a work environment free from harassment is a shared responsibility. This policy is applicable to all city employees, volunteers, applicants, contractors/vendors, members of boards and commissions, City Council members, and members of the public both in the workplace and other City- sponsored social events. It is also the policy of the City of Hastings to maintain a work environment that maintains employee equality, respect, and dignity. In keeping with that commitment, the City of Hastings maintains a strict policy prohibiting any form of unlawful employee harassment based on race, color, creed, religion, national origin, sex, marital status, familial status, sexual orientation or identity, disability, political affiliation, age, status with regard to public assistance or veteran status. Harassment, whether verbal, physical or environmental, and whether in the workplace or in outside workplace sponsored settings, is unacceptable and will not be tolerated. The intent of this policy is to provide general guidelines about the conduct that is and is not appropriate in the workplace. The City of Hastings acknowledges that this policy cannot possibly predict all situations that may arise, and also recognizes that some employees are exposed to disrespectful behavior, and even violence, by the very nature of their jobs (e.g. police officers). Examples of conduct that may constitute a violation of the City’s policy against harassment may include but are not limited to: •Conduct or communication that interferes with an employee’s well-being or work performance or creates an atmosphere that is intimidating, hostile, or offensive. •Actions as rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disrespectful language, or any other behavior regarded as offensive by a reasonable person. •The deliberate or careless expression of epithets, slurs, negative stereotyping, or threatening, intimidating or hostile acts that relate to a protected class characteristic. This includes acts or VIII-04 43 statements that purport to be “jokes” or “pranks”, but that are hostile, demeaning or are otherwise found to be offensive by the individual(s) witnessing the act or statement. Sexual Harassment One specific kind of disrespectful and illegal behavior is sexual harassment. Sexual harassment, which can consist of a wide range of unwanted and unwelcome sexually directed behavior, has been specifically defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature when: •Submission to such conduct is explicitly or implicitly a term or condition of an individual’s employment; or •Submission to or rejection of the conduct by an individual is used as the basis for an employment decision affecting such individual; or •The conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. • Sexual harassment includes, but is not limited to, such actions as: •Unwelcome sexual remarks or compliments, sexual jokes, sexual innuendo or proposition,and sexually-suggestivesexually suggestive gestures, body language,or facial expressions or abuse; •Subtle or overt pressure for sexual activity; •Physical contacts such as patting, pinching, touching, kissing, or constant brushing against another’s body; •Demands for sexual favors that affect the individual’s employment status or consideration. Reporting Any incident of harassment or sexual harassment should promptly be reported to any of the following: the employee’s supervisor, their supervisor’s supervisor, a department head, the Human Resources Director, the City Administrator,or the City Attorney. Sexual harassment by any one City employee against another City employee will not be tolerated and will be grounds for dismissal. In addition to notifying one of the above persons and stating the nature of the harassment, the employee is also encouraged to take the following steps, if the person feels safe and comfortable doing so. If there is a concern about the possibility of violence, the individual should use their discretion to call 911, and/or take other reasonable action, and as soon as feasible, a supervisor. 1.The employee should communicate to the harasser that the conduct is unwelcome. The employee should professionally, but firmly, tell whoever is engaging in the disrespectful behavior how the employee feels about their actions, and request the person to stop the behavior because the employee feels intimidated,offended, or uncomfortable. If practical, the employee may want to bring a witness for this discussion. 2.In some situations, such as with an offender from the public, it is preferable to avoid one-on-one interactions. The employee should talk to their supervisor about available options to ensure there are others available to help with transactions with an offender. VIII-04 44 3.To reiterate, it’s important that the employee notify a supervisor, the Human Resources Director, and the City Administrator of the employee’s concerns promptly. Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it promptly to a supervisor, the Human Resources Director,or the City Administrator. The person to whom the employee speaks is responsible for documenting the issues and for giving the employee a status report on the matter. If, after what is considered to be a reasonable length of time, the complaining employee believes inadequate action is being taken to resolve their complaint/concern, the next step is to report the incident to the next level supervisor, the City Administrator, or the City Attorney. The City urges conduct which that is viewed as offensive be reported immediately to allow for corrective action to be taken through education and immediate counseling, if appropriate. The City takes these complaints seriously and has the obligation to provide an environment free of sexual harassment. The City is obligated to prevent and correct unlawful harassment in a manner which that does not abridge the rights of the accused. To accomplish this task, the cooperation of all employees is required. In the case of a sexual harassment complaint, a supervisor must report the allegations promptly to the City Administrator. If the City Administrator is the subject of the complaint, then the supervisor is to report the complaint to the City Attorney. A supervisor must act upon such a report even if requested otherwise by the victim. The City will take proportionate corrective action to correct any and all reported harassment to the extent evidence is available to verify the alleged harassment and any related retaliation. As noted later in this policy, retaliation is strictly prohibited. All allegations will be investigated. Formal investigations will be prompt, impartial, and thorough. Strict confidentiality is not possible in all cases of sexual harassment as the accused has the right to answer charges made against them; particularly if discipline is a possible outcome. Reasonable efforts will be made to respect the confidentiality of the individuals involved, to the extent possible. 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. To facilitate fostering a respectful work environment, all employees are encouraged to respond to questions or to otherwise participate in investigations regarding alleged harassment. 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. When the supervisor is the alleged harasser, a report will be made to the City Administrator who will assume the responsibility for investigation and discipline. For more information about what to do when allegations involve the City Administrator, the Mayor, or a Councilmember, see below. If the City Administrator is the alleged harasser, a report will be made to the City Attorney who will confer with the Mayor and City Council regarding appropriate investigation and action. VIII-04 45 If a Councilmember is the alleged harasser, the report will be made to the City Administrator and referred to the City Attorney who determine the appropriate investigation and action. The City Attorney will report their findings to the City Council, which will take the action it deems appropriate. Pending completion of the investigation, the City Administrator may,at his/her discretion take appropriate action to protect the alleged victim, other employees, or citizens. The City will take reasonable and timely action, depending on the circumstances of the situation. If an elected or appointed City official (e.g., council member or commission member) is the victim of disrespectful workplace behavior, the City Attorney will be consulted as to the appropriate course of action. In cases such as these, it is common for the City Council to authorize an investigation by an independent investigator (consultant). The City will take reasonable and timely action, depending on the circumstances of the situation. Retaliation The City of Hastings will not tolerate retaliation or intimidation directed towards anyone who reports employment discrimination, serves as a witness, participates in an investigation, and/or takes any other actions protected under federal or state discrimination laws, including when requesting religious or disability accommodation. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. 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, generally speaking retaliation can include a denial of a promotion, job benefits, or refusal to hire, discipline, negative performance evaluations or transfers to less prestigious or desirable work or work locations because an employee has engaged or may engage in activity in furtherance of EEO laws. It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action, deportation or other action with immigration authorities, disparagement to others or the media and making false report to government authorities because an employee has engaged or may engage in protected activities. Any individual who retaliates against a person who assists, or participates in an investigation may be subject to disciplinary action up to and including termination. If any employee feels retaliation is occurring within the workplace, the employee should report their concern immediately to any of the following:the employee’s immediate supervisor, the employee’s supervisor’s supervisor, the City Administrator, the Mayor or City Councilmember. In the event an employee feels retaliation has occurred by the City Administrator or the City Council, then reporting may be made to the City Attorney. Supervisors who have been approached by employees with claims of retaliation will take the complaint seriously and promptly report the allegations promptly to the City Administrator, or if the complaint is against the City Administrator to the City Attorney, 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. VIII-04 46 Abusive Customer Behavior The City has a strong commitment to customer service; however, it does not expect that employees have to tolerate disrespectful behavior or verbal abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or they may choose to try to defuse the situation themselves, including terminating the contact with the abusive customer. Bullying Policy The purpose of this policy is to communicate to all employees, including supervisors and department heads, that the City of Hastings will not in any instance tolerate bullying behavior. Employees found in violation of this policy will be disciplined, up to and including termination of employment. The City of Hastings defines bullying as repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators that takes one or more of the following forms: verbal abuse, offensive conduct/behaviors (including nonverbal) which are threatening, humiliating or intimidating, work interference –sabotage –which prevents work from getting done. Bullying is also defined as harassing another person (for example, making obscene phone calls or using threatening body language or gestures, such as standing close to someone or shaking your fist at them). The City of Hastings is committed to enforcing this policy against all forms of workplace bullying. However, the effectiveness of our efforts depends largely on employees telling us about all incidents of workplace bullying, including threats. Employees who feel they have experienced or witnessed any workplace bullying should report it immediately by following reporting recommendations in the earlier section of this chapter. If employees do not report workplace bullying incidents, the City of Hastings may not become aware of a possible violation of this policy and may not be able to take appropriate corrective action. Violence Prevention The City of Hastings is committed to preventing workplace violence and to maintaining a safe work environment. Violent behavior includes the use of physical force, harassment, or intimidation.The City has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that might occur during business hours or on our premises. Employees are expected to refrain from fighting, “horseplay,” or other conduct that may be dangerous to others. The City prohibits firearms, weapons, and other dangerous or hazardous devices and substances from City premises without proper authorization. The City of Hastings will not tolerate conduct that threatens, intimidates, or coerces another employee, a customer, or a member of the public at any time, including off-duty periods. All threats of (or actual) violence, either direct or indirect, should be reported as soon as possible to the employee’s supervisor or Human Resources. This includes threats by employees as well as threats by customers, vendors, solicitors, or anyone else. When reporting a threat of violence, you should be as specific and detailed a possible. Be sure to report any suspicious person or activities activity as soon as possible to a supervisor. No employee should place themselves in peril. VIII-04 47 The City will promptly and thoroughly investigate all reports of threats of (or actual) violence and of suspicious individuals or activities. The identity of the person who made the report will be protected to the extent practical. To maintain workplace safety and the integrity of its investigation, the City of Hastings may suspend an employee, either with or without pay, pending investigation. Any person who violates these guidelines will be subject to corrective action, up to and including termination of employment. Violations include making a threat of violence or committing a violent act. If an employee is having a dispute or difference with another employee, the employee is encouraged to discuss it with their supervisor or Human Resources before the situation escalates into potential violence. The City of Hastings is eager to assist in the resolution of employee disputes and will not discipline an employee for raising these types of concerns. Policy Prohibiting Weapons in the Workplace This policy applies to regular full and part-time employees, temporary and seasonal employees, firefighters, independent contractors, and anyone else who is employed and/or contracted by the City of Hastings. Possession, carrying, concealing, using or storing or weapons or ammunition is prohibited on City property, in City vehicles, or in any personal vehicle which is used for City business, other than by licensed sworn police officers. A “weapon” includes, without limitation guns, pistols, clubs and any other item the purpose of which is to threaten or inflict bodily harm upon any person. This policy applies, without limitation, to concealed weapons for which a valid permit has been issued and to all persons to whom a valid permit to carry a concealed weapon has been issued. An employee who has a valid permit to carry a concealed weapon may, when not acting within the course and scope of their employment, carry or possess that weapon in City-owned parking area, but in no other location on the City of Hastings premises or a client's premises. Weapons other than concealed weapons for which a valid permit has been issued are prohibited in city owned parking areas. Employees who violate this policy are subject to corrective action up to and including termination of employment. Any firearm brought onto City-owned parking areas by an employee must be placed out of sight in the personal vehicle and the vehicle must be locked. VIII-04 48 Chapter 10 Separation from Service Advance Resignation Notice Program The City’s Advance Resignation Notice Program is designed to improve the efficiency and stability of the City’s workforce by encouraging employees to give the City advance notice of their intent to resign or retire. The City offers a one-time payment to eligible employees based on years of service and amount of advanced notice. Forms are available on the City Intranet. Resignation An employee wishing to resign from City employment in good standing will provide written notice at least fourteen (14) calendar days in advance, stating the effective date and the reason for leaving. Failure to comply with this procedure may be considered cause for denying employee severance pay and future employment with the City. Unauthorized absences for a period of three consecutive work days may be considered as a resignation without notice. Employees must be in good standing and provide proper notice in order to be eligible for the payout of accrued but unused leave. In the case of termination resulting in misconduct, unused leave will not be paid out. If a 14-day notice is not provided, unused leave will be forfeited and will not be paid out upon exit. An employee is expected to work their regular schedule during the notice period preceding resignation. The last day actually worked will be recorded as the employee’s official date of separation from employment. Accrued leave or holidays may not be used on an employee’s last day of employment. Retirement Retirement is defined as voluntary separation from employment when the employee is immediately eligible, based on age and/or service requirements, for payout from the Public Employee’s Retirement Association (PERA). An employee wishing to retire from City employment in good standing will provide written notice at least fourteen (14) days in advance, stating the effective date. Employees eligible for City-paid health insurance must comply with the notification requirements as outlined later in this chapter. An employee is expected to work their regular schedule during the notice period preceding retirement. The last day actually worked will be recorded as the employee’s official date of separation from employment. Accrued leave or holidays may not be used on an employee’s last day of employment. Layoff The City may layoff an employee due to a work shortage, lack of funds, abolition of a position, any material changes in the duties of a position or the organization, or other reasons. The duties performed by any laid-off employee may be reassigned to other employees who occupy positions in other classes. No regular full or part-time employees will be laid off while there are temporary or probationary employees serving in the same class of position for which the regular employee is qualified, eligible, and available. No suspension, demotion, or dismissal of an employee will be considered a layoff, nor will separation as a result of reduction or cessation of federal or state funded programs be considered a layoff. The City will provide written notice of a layoff at least fourteen calendar days in advance of the effective date of the layoff. Laid off employees may be recalled from layoff on the basis of seniority for a period VIII-04 49 of up to one year. Employees who are offered their former position and refuse it shall be considered resigned. Laid off employee for a period of longer than one year shall be considered dismissed. Dismissal The City may dismiss any employee at any time for misconduct, inefficiency, incompetence, violation of work rules, or other sufficient cause. Dismissal may be grounds for denial of payout of sick, vacation or other applicable leave. Severance Employees who separate from employment in good standing may be eligible for payout of sick leave, compensatory time, and vacation leave balances. Eligibility and payout rates are outlined below or defined by the appropriate bargaining agreement. A.Vacation –A regular employee who separates employment will receive payment of all accrued vacation time, up to the maximum accumulation allowed, except in circumstances otherwise addressed earlier in this chapter. B.Sick Leave –A regular employee who has completed five years of service is eligible for a payout of 25% of the balance of accrued unused sick leave (maximum payout of 320 hours – 25% of 1280 hours). A regular employee who has completed ten years of service is eligible for payout of 50% of the balance of accrued unused sick leave and the prolonged illness bank, except in circumstances otherwise addressed earlier this chapter (maximum payout of 640 hours -50%of 1280 hours). C.Compensatory Time –A regular employee who separates employment will receive payout of all accrued compensatory time, up to the maximum accumulation allowed, except in circumstances otherwise addressed in this chapter. D.Any employee in the non-union, PERA Police and Fire positions with 15 or more years of PERA service will have 100% of their eligible sick leave be paid out to a an MSRS Health Care Savings Plan upon separation. City-Paid Health Insurance for Retirees Employees meeting the following criteria will be entitled to City-paid health insurance for a period of up to ten years or until the employee would reach Medicare age, whichever comes first: •Was hired prior to January 1, 1993; •Qualifies for retirement under the City’s definition; •Has at least ten years of service as a regular, full-time employee with the City of Hastings; •Has provided at least four months months'written notice of their intent to retire. Qualified employees must be enrolled in the health plan they want in place during this City-paid continuation period for at least six months prior to their date of retirement. Regular full-time employees hired after January 1, 1993,are not entitled to City-paid health insurance benefits upon retirement. Full-time employees, who meet the City’s definition of retirement, including those employees who have exhausted their City-paid health insurance benefit, may remain on the City’s group health insurance plan indefinitely at their own expense, as permitted under Minnesota Statute 471.61. VIII-04 50 Insurance Continuation Federal and state insurance continuation laws (Consolidated Omnibus Budget Reconciliation Act [“COBRA”] and Minnesota Statutes 471.617) require employers to offer employees and covered dependents the opportunity to continue to receive health care coverage upon the occurrence of certain qualifying events that would otherwise result in termination of their group health care coverage. Qualified employees are notified of their rights under this continuation when they reduce their working hours to below benefit-earning levels, disability, termination, divorce, children losing dependent status, death, or Medicare entitlement, they may continue their medical insurance for up to 18, 29, 36 months, or indefinitely, depending on the qualifying event and in accordance with Minnesota Continuation Law. The employee must elect continuation within 60 days of the qualifying event. It is the employee’s responsibility to advise Human Resources if dependent coverage is being lost due to any of the above reasons. It is the employee’s responsibility to send in the total cost stated in the COBRA forms by the beginning of each month for that following month, or the City of Hastings will terminate coverage if no payment has been received. Per COBRA guidelines, the employee or their dependents will be responsible for the full cost. This policy outlines the rights and responsibilities of employees regarding the continuation of health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA)and Minnesota Insurance Continuation laws (Minnesota Statutes §§ 299A.465 and 471.61). Eligibility Employees and their eligible dependents may continue health insurance coverage if coverage is lost due to a qualifying event, including but not limited to: termination of employment (other than for gross misconduct), reduction in work hours; divorce or legal separation;death of the covered employee Notice and Election The City will provide a continuation coverage election notice within 14 days of receiving notice of a qualifying event.Employees and dependents must elect continuation coverage within 60 days of receiving the notice. Coverage Period •COBRA Coverage: Up to 18 months for most qualifying events, with possible extensions to 36 months in certain circumstances. •Minnesota Continuation Coverage: Up to 18 months, with possible extensions to 36 months depending on the qualifying event.Under MN §§471.61, health, dental, and vision coverage may last indefinitely. Under MN §§299A.465, health insurance coverage will last until the disabled employee reaches age 65. Cost of Coverage & Payment Deadlines Employees are responsible for paying the full cost of coverage. VIII-04 51 Payment Deadlines under COBRA: The initial premium payment is due within 45 days of electing COBRA coverage.Ongoing monthly premiums must be paid on time, typically due on the first day of each coverage month. A 30-day grace period applies, after which coverage may be terminated if payment is not received.Failure to make timely payments may result in termination of continuation coverage. Responsibilities •Employer: Provide timely and accurate notices regarding COBRA and Minnesota continuation coverage, and ensure compliance with all applicable federal and state laws. •Employee: Notify the company promptly of any qualifying events, elect coverage within the specified timeframe, and pay required premiums in full and on time. Reference Checks The City will provide reference information on current and former employees within the scope of the Minnesota Government Data Practices Act, unless the current or former employee authorizes the release of a fuller disclosure in writing. VIII-04 52 Chapter 11 Drug-Free Workplace Drug Free Workplace/Drug and Drug, Alcohol, and Cannabis Testing Policy The City of Hastings is a drug free workplace and has adopted pre-employment and reasonable suspicion testing in compliance with State and Federal Statutes and to provide a safe workplace for all. The City of Hastings recognizes that safety problems are created when employees use or abuse drugs and/or alcohol. The City is concerned about providing a safe workplace for its employees with the goal of attaining and maintaining a drug and alcohol-free workplace. The City of Hastings expects all employees to assist in maintaining a work environment free from the effects of alcohol, drugs, cannabinoids,or other intoxicating substances. Alcohol, drug, and cannabis abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of city property. Compliance with this policy is a condition of employment. The City of Hastings prohibits employees from the possession, use, impairment by, sale, dispensation, distribution, purchase, or unlawful manufacture of un-prescribed drugs and intoxicants on the City of Hastings’ premises and from working under the influence of alcohol,controlled substances, cannabinoids,or intoxicants during working hours. Any violator of this substance abuse policy will be subject to appropriate corrective action, up to and including termination of employment. When work is impaired, admission to or use of a treatment or other program does not preclude appropriate action by the City of Hastings. The City also recognizes the concerns of employees if they are part of drug testing in the workplace. To guard against inaccurate test results, the testing policies and procedures will conform to the requirements of state law as set forth in Minnesota Statutes Chapter 181 and the Federal Drug-Free Workplace Act of 1988. Employees are required to adhere to the responsibilities and requirements outlined in this section. Failure to submit to testing is grounds for dismissal. A.Definitions Alcohol means the intoxicating agent in beverage alcohol or any low molecular weight alcohols, such as ethyl, methyl, or isopropyl alcohol.The term includes but is not limited to beer, wine, spirits, and medications such as cough syrup that contain alcohol. Cannabinoid Products means products, including those that can be consumed or ingested, usually in the form of a food or beverage, containing a cannabinoid ingredient, particularly tetrahydrocannabinols (THC). Cannabis means cannabis and its metabolites, including cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. Cannabis testing means the analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. §181.953, subd. 1, for the purpose of measuring their presence or absence of cannabis in the sample tested. VIII-04 53 Confirmatory Test and Confirmatory Retest mean a drug or alcohol test that uses a method of analysis allowed under the program listed in Minnesota Statute 181.953 Subd. 1. Drug includes any “controlled substance”as defined in Minnesota Statute 152.01, Subd. 4 and also includes all cannabinoids, including those that are lawfully available for public consumption that do not otherwise qualify as being a “controlled substance” as defined in Minnesota Statute § 152.01, subd. 4. Cannabis and its metabolites are considered a “drug” for safety sensitive positions. Drug and Alcohol Testing and “Drug or Alcohol Test”mean analysis of a body component sample according to the standards established under one of the programs listed in Minnesota Statute § 181.953, subd. 1 for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. Drug Paraphernalia has the meaning set forth in Minnesota Statute § 152.01, subd. 18. Employee means a person employed by the City. This definition includes all employees defined in the City Employee Handbook. Employer means the City of Hastings. Initial Screening Test means a drug or alcohol test which uses a method of analysis under one of the programs listed in Minnesota Statute §181.953, subd. 1 or alcohol in a sample. Job Applicant means a person, who applies to become an employee of the City of Hastings, and includes a person who has received a job offer made contingent on the person passing drug and alcohol testing(s). Positive Test Result means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in the levels contained in the standards of one of the programs listed in Minnesota Statute § 181.953, subd. 1. Reasonable Suspicion means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. Safety-Sensitive Position means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person; an employee designated in a federal DOT regulation as subject to drug and/or alcohol testing specified under 49 CFR part 40; and all sworn and non-sworn personnel, excluding clerical employees, in the Hastings Police Department, and the Fire Department,are safety-sensitive positions. Tetrahydrocannabinols (THC) are the psychoactive ingredient occurring in the Cannabis sativa plant, whether derived naturally or synthetically. Under the Influence means having the presence of a drug or alcohol at or above the level of a positive test result. B.Employees subject to Drug or Alcohol Testing VIII-04 54 No person will be tested for drugs or alcohol under this policy without the person’s consent. The City will request or require an individual to undergo drug or alcohol testing only under the circumstances described in this policy. 1.Job Applicants—job applicants may be requested or required to undergo drug and alcohol testing after a job offer has been conditionally made and before commencing employment in the position.The City will not request or require a job applicant to undergo cannabis testing related to “lawful consumable products” pursuant to Minn. Stat. 181.938, including alcohol, cannabis, lower-potency hemp edibles, and hemp-derived consumer products, except with respect to the categories of positions defined as safety sensitive positions, peace officer, firefighter, or positions requiring a commercial driver’s license, or other positions for which state or federal law requires testing of job applicants. 2.Reasonable Suspicion Testing—The City may request or require an employee to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: a.Is under the influence of drugs or alcohol while the employee is working; while the employee is on the City’s premises; or operating City vehicles, machinery, or equipment; or b.Used, possessed, sold,or transferred drugs, alcohol, or drug paraphernalia while the employee is working; while the employee is on City premises; operating City vehicles, machinery, or equipment; or c.Has sustained a work-related personal injury as that term is defined in Minnesota Statute § 176.011, subd. 16, or has caused another person to die or sustain personal injury; or d.Has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident resulting in total property damage exceeding $1,000; or e.Has discharged a firearm other than: i.on a target range, or ii.while conducting authorized ballistics tests, or iii.as authorized by the City of Hastings Police Department General Order concerning dangerous or suffering animals; or f.Has, as determined only by the employee’s department head, or the City Administrator, engaged in an act or omission related to the performance of the job, whether committed on or off duty, that logically requires or justifies testing, and revealed a clear and compelling necessity by the nature of the incident. Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol, drugs or cannabis or containers or paraphernalia, poor safety record, excess absenteeism,impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the city’s policies concerning alcohol, drugs or cannabis may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Form. 3.Required Random Drug and Alcohol Testing for City Employees with Commercial Driver’s Licenses—City of Hastings employees who are required to possess a valid commercial driver’s license as a condition of their employment position are subject to applicable State or Federal random drug testing requirements as established and adopted by the City of Hastings. VIII-04 55 4.Other Testing—The City may permit an employee who has requested a drug and alcohol test to undergo testing in accordance with the procedures established by the policy or by State or Federal Law. 5.Treatment Program Testing—The City may request or require an employee to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period of up to two (2) years following completion of any prescribed chemical dependency treatment program. C.Refusal to Undergo Testing 1.Job Applicants—If a job applicant refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. 2.Employees—If any employee refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the appointing authority shall recommend that the employee be discharged from employment on the grounds of insubordination. 3.Refusal on Religious Grounds—No employee or job applicant who refuses to undergo drug or alcohol testing of a blood sample upon religious grounds shall be deemed to have refused unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. D.Procedure for Testing 1.Notification Form—Before requesting an employee or job applicant to undergo drug or alcohol testing, the City shall provide the individual with a form on which to: a.Acknowledge that the individual has seen a copy of the City of Hastings drug and alcohol testing policy, and b.Indicate consent to undergo the drug and alcohol testing. 2.Test Sample—the test sample shall be obtained in a private setting, and the procedures for taking the sample shall ensure privacy to employees and with job applicant to the extent practicable, consistent with preventing tampering with the sample, and may include a witness. No test sample shall be taken on the City’s premises and the test sample shall not be handled by City of Hastings employees. 3.Identification of Samples—Each sample shall be sealed into a suitable container free of any contamination that could affect test results. The sample shall be identified for processing by the licensed testing laboratory. 4.Chain of Custody—the City shall use a testing laboratory that has established reliable chain- of-custody procedures to ensure proper recordkeeping, handling, labeling, and identification of the samples to be tested. The procedures must require the following: a.Possession of a sample must be traceable to the employee from whom the sample is collected through the time the sample is delivered to the laboratory; b.The sample must always be in the possession of, must always be in view of, or must be placed in a secure area by a person authorized to handle the sample; c.A sample must be accompanied by a written chain-of-custody record; and d.Individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transferred and must sign and date the chain of custody record at the time of transfer. 5.Laboratory—The city shall use the services of a testing laboratory that meets one of the following criteria: VIII-04 56 a.Drug Testing i.Is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines published at 54 Federal Register 11970 to 11989, April 11, 1988; ii.Is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; or iii.Is licensed to test for drugs by the State of New York, Department of Health, under Public Health Law, article 5, title V, and rules adopted under that law. b.Alcohol Testing i.Licensed to test for drugs and alcohol by the state of New York, Department of Health, under Public Health Law, article 5, title V, and the rules adopted under that law; or ii.Accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, in the laboratory accreditation program. 6.Retention and Storage—All samples that produced a positive test result shall be retained and properly stored for at least six (6) months. 7.Test Report—The testing laboratory shall prepare a written report indicating the drugs, alcohol, or their metabolites tested for and whether the test produced negative or positive test results. The testing laboratory shall disclose that report to the City within three (3) working days after obtaining the final test results. a.Notice of Test Results—Within three (3) working days after receipt of the test result from the testing laboratory, the City shall inform an employee or job applicant who has undergone drug or alcohol testing in writing of a negative test result on an initial screening test of a negative test result or of a positive test result on a confirmatory test. The City shall also inform an employee or job applicant to the following rights pursuant to Minnesota Statute §181.953: i.The right to request and receive from the City a copy of the test result report. ii.The right to request within five (5) working days after notice of a positive test result a confirmatory test retest of the original sample at the employee’s or applicant’s own expense. If a confirmatory retest is conducted in accordance with Minnesota Statute § 181.953, subd. 1 by a licensed laboratory at the same threshold detection levels as used in the confirmatory test, and the confirmatory retest does not result in a positive test result, the City shall reimburse the actual cost of the confirmatory retest in an amount not to exceed $100.00. iii.The right to submit information to the City within three (3) working days after a notice of a positive test result to explain that result. iv.The right of an employee, for whom a positive test result on a confirmatory test was the first such result on a drug or alcohol test requested by the City, not to be discharged unless the City has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program. Participation in a counseling or rehabilitation program will be at the employee’s own expense or pursuant to coverage under an employee’s benefit plan. The City may determine which type of program is more appropriate for the employee after consultation with a certified chemical use counselor or physician trained in the diagnosis of VIII-04 57 chemical dependency. The employee may be discharged if they have either refused to participate in the counseling or rehabilitation or has failed to successfully complete the program. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence that the employee failed to successfully complete the program. v.The right to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. Employees may be temporarily suspended pending the results of a confirmatory test. vi.The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the City concerning the reliability of, or explanation of, a positive test result unless the employee or job applicant was under an affirmative duty to provide the information before, upon, or after hire. vii.The right to access the information on the employee’s personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process including conclusions drawn from and actions taken based on the reports or other acquitted information. viii.The right of an employee or a job applicant, who has received a job offer made contingent on the applicant passing drug and alcohol testing, to not have the offer withdrawn based on a positive test result from an initial screening test that has not been verified by a confirmatory test. E.Action After Test 1.Job Applicants—The appointing authority will not withdraw an offer of employment made contingent on the job applicant passing drug and alcohol testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. When there has been a positive test result in a confirmatory test and in any confirmatory retest, the appointing authority will withdraw the contingent offer of employment if the City determines in accordance with the Minnesota Human Rights Act that alcohol or drug usage or abuse: a.Prevents the job applicant from performing the essential functions of the job in question; or b.Constitutes a direct threat to property or the safety of others; or c.Otherwise constitutes a bona fide occupational qualification. 2.Employees—The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the City may do the following: a.First Positive Test Result—Give the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The City may determine which program is more appropriate after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the employee’s own expense or pursuant to coverage under an employee’s own benefit plan. If the employee either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the VIII-04 58 program, and alcohol or drug abuse prevents the employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the appointing authority will recommend that the employee be disciplined; including but not limited to, discharge from employment. b.Suspensions and Transfers—Notwithstanding any other provisions herein, the City may temporarily suspend the tested employee with pay for up to ninety (90) days or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory retest, and, if requested, the confirmatory retest, provided that the City believes that it is necessary to protect the health or safety of the employee, co-employees, or the public. c.Other Misconduct—Nothing in this policy limits the right of the City to discipline or discharge an employee on grounds other than a positive test result in a confirmatory test, including for a violation occurring in the workplace. F.Data Privacy—The City of Hastings will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another employee or to a third-party individual, governmental agency, or private organization without the written consent of the employee tested, unless permitted by law or court order. G.Rights of Employees—An employee has the right to offer the City a written explanation of a positive test result on a confirmatory test within three (3) working days after notice of the positive test result, and has a right to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at another licensed testing laboratory at the employee’s or job applicant’s own expense. H.Appeals Procedure—The appeals procedure concerning disciplinary actions taken pursuant to this drug and alcohol testing policy are as follows: 1.Temporary Employees—Temporary employees shall have no right of appeal. 2.Non-Veterans on Probation—An employee who has not completed the probationary period and who is not a veteran has no right of appeal. 3.Non-Veterans After Probation—A regular employee who has completed the review period and who is not a veteran has a right to appeal. Disciplinary actions taken pursuant to his drug and alcohol testing policy are appealable pursuant to the procedures established in the City’s Grievance and Discipline policies. 4.Veterans—An employee who is a veteran has the right to appeal to the City Council a permanent demotion (including salary decreases), or a discharge, if the employee submits a notice of appeal within sixty (60) calendar days of the action, regardless of status with respect to the review period. An employee who is a veteran may have additional rights under the Veterans Preference Act, Minnesota Statute § 197.46. 5.Employees Covered under Collective Bargaining Units Contracts—An employee who is covered by a collective bargaining agreement may elect to seek relief under the terms of that agreement by contacting the appropriate union and initiating grievance procedures in lieu of taking up the grievance procedure outlined in the City Employee Handbook. All notices of appeal not covered under a collective bargaining agreement must be submitted in writing to the Hastings City Administrator, 101 4th Street East, Hastings, MN 55033. I.Good Faith Effort—The City of Hastings will make a continuing good faith effort to maintain a drug-free workplace through the implementation of its Drug and Alcohol Testing Policy. J.Notice to Employees in Safety-Sensitive Positions: VIII-04 59 a.Employees in safety-sensitive positions may not consume alcoholic beverages or consumable cannabinoid products (CBD) to the extent the employee would be rendered unfit for their next scheduled shift. b.The City of Hastings requires testing for marijuana and not CBD. c.The labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states. Neither the Food and Drug Administration (FDA) nor the Minnesota Pharmacy Board currently certifies the levels of THC in CBD products, so there is no oversight to ensure that the labels are accurate. d.Neither City policy nor applicable federal regulation authorize the use of Schedule I drugs, including marijuana, for any reason. As a result, City regulated safety-sensitive employees should exercise caution when considering whether to use cannabis or CBD products. VIII-04 60 Chapter 12 Information Technology General Information This policy serves to protect the security and integrity of the City’s electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. Computers and related equipment used by City employees are property of the City. The City reserves the right to inspect, without notice, all data, emails, files, settings, or any other aspect of a City-owned computer or related system, including personal information created or maintained by an employee. The City may conduct inspections on an as-needed basis as determined by City Administration. Beyond this policy, the city’s Information Technology department may distribute information regarding precautions and actions needed to protect City systems; all employees are responsible for reading and following the guidance and directives in these communications. Personal Use Personal use of City computers and software is allowed but should be limited due to security risks. Permitted Use All use of City computers and software, including personal use, must adhere to provisions in this policy, including the following: •Employees shall not connect personal peripheral tools or equipment (such as printers, digital cameras, disks, USB drives,smart phones,or tablets) to City-owned systems, without prior approval from the Information Technology department. If permission to connect these tools/peripherals is granted, the employee must follow provided directions for protecting the City’s computer network. •Personal files should not be stored on City computer equipment. This also applies to personal media files, including but not limited to mp3 files, wav files, movie files, iTunes files, or any other file created by copying a music CD, DVD, or files from the Internet. Information Technology staff will delete these types of files if found on the network, computers, or other City-owned equipment. Exceptions would be recordings for which the City has created, owns, purchased, or has a license. •City equipment or technology shall not be used for personal business interests, for-profit ventures, political activities, or other uses deemed by the City Administrator to be inconsistent with City activities. If there is any question about whether a use is appropriate, it should be forwarded to City Administration for a determination. Hardware In general, the City will provide the hardware required for an employee to perform his or her job duties. Requests for new or different equipment should be made to your supervisor, who will forward the request to the Information Technology department. Only City staff may use City technology equipment. Use of City equipment by family members, friends, or others is strictly prohibited. VIII-04 61 Employees are responsible for the proper use and care of City-owned computer equipment. City computer equipment must be secured while off City premises; do not leave computer equipment in an unlocked vehicle or unattended at any offsite facility. Computer equipment should not be exposed to extreme temperature or humidity. If a computer is exposed to extreme heat, cold, or humidity, it should be allowed to achieve normal room temperature and humidity before being turned on. Software In general, the City will provide the software required for an employee to perform their job duties. Requests for new or different software should be made to your supervisor, who will forward the request to the Information Technology department. Employees shall not download or install any software on their computer without the prior approval of the Information Technology department. Exceptions to this include updates to software approved by IT such as Microsoft updates, or other productivity software updates. The IT department may, without notice, remove any unauthorized programs or software, equipment, downloads, or other resources. Electronic Mail The City provides employees with an email address for work-related use. Personal use of the City email system by employees is not allowed. Employee emails may be considered public data for both e-discovery and information requests and may not be protected by privacy laws. Email may also be monitored as directed by the City authorized staff and without notice to the employee. Employees must adhere to these email guidelines: •Never transmit an email that you would not want your supervisor, other employees, members, city officials, or the media to read or publish (e.g., avoid gossip, personal information, swearing, etc.). •Use caution or avoid corresponding by email on confidential communications (e.g., letters of reprimand, correspondence with attorneys, medical information). •Do not open email attachments or links from an unknown sender. Delete junk or “spam” email without opening it if possible. Do not respond to unknown senders. •Do not use harassing language (including sexually harassing language) or any other remarks, including insensitive language or derogatory, offensive, or insulting comments or jokes. Artificial Intelligence Artificial Intelligence (AI) refers to software, applications, or systems that perform tasks typically requiring human intelligence. View the City’s guidelines and operating procedures on the City’s Intranet. Personal Devices Employees may choose to use their own equipment to read or compose email or other City data as governed in this policy. Employees understand that by connecting their personal equipment to the City’s email server, their personal devices could be searched during an e-discovery or other court-ordered scenarios, and agree to grant access to their personal devices should such a situation arise. VIII-04 62 Cell Phone Stipend and Reimbursement The City of Hastings recognizes that certain job responsibilities require employees to be accessible by cell phone to perform their duties effectively. This policy establishes fair and consistent guidelines for eligibility, stipend amounts, responsibilities, and expectations for employees receiving reimbursement. Whenever possible, the City provides a cell phone stipend to employees who meet eligibility criteria, rather than issuing City-owned devices. Exceptions may be made for shared or on-call phones and public safety operations when required for business or security reasons. The City Administrator (or designee) has discretion to determine eligibility based on job requirements, budget, and available alternatives. An employee may be eligible for a cell phone stipend if their job duties meet one or more of the following conditions: •Require significant work time outside the office or regular work area where accessibility by phone is essential; •Require the employee to be reachable outside of regular working hours (e.g.on-call responsibilities); •Involve frequent mobility or emergency response where immediate communication is necessary. Occasional or incidental business use of a personal cell phone does not qualify an employee for a stipend, i.e., multifactor authentication of software/City network access. The City Council establishes the stipend amounts, which may be reviewed periodically. The current monthly stipend amount will be tiered, based of position. XXStipends are provided through payroll as taxable income in compliance with IRS regulations. The stipend is not part of base pay, is not pensionable, and may be discontinued at any time if eligibility, job changes, or budget constraints require. Employees receiving a cell phone stipend may request reimbursement for the purchase of a new cell phone, once every two years. Employees are responsible for purchasing the phone and submitting a reimbursement request. A copy of the original purchase receipt must be included for the reimbursement to be processed. Employees receiving a cell phone stipend must: •Purchase and maintain their own device and service plan with a carrier of their choice. •Keep their cell phone in good working condition and accessible. •Provide their current cell phone number to their supervisor and notify Human Resources of any changes within five (5) business days. •Report a lost, stolen, or terminated phone/contract immediately to their supervisor, Human Resources, and IT if the device connects to City systems. •Bear all costs beyond the stipend and reimbursement, including equipment replacement, plan penalties, upgrades, accessories, and overages. •Use their phone safely and in compliance with Minnesota’s hands-free driving law and all other applicable safety regulations. •Ensure the device is password-protected and, if connected to City systems, complies with City IT security requirements. VIII-04 63 Employees should be aware that any City business conducted on personal cell phones is subject to the Minnesota Government Data Practices Act (MGDPA). The City may require access to work-related information on an employee’s personal device in response to data requests. Personal content may be viewed during this process. Employees should exercise discretion when using a personal device for City business. Stipends will be discontinued if an employee leaves City employment, changes roles, or no longer meets eligibility requirements. Employees must promptly notify Human Resources if they no longer maintain a phone plan or if eligibility criteria change. Departments and Human Resources will review eligibility periodically to confirm ongoing needs. City-Issued Cell Phones The City may provide a limited number of City-owned phones in specific cases, including: •Shared or on-call departmental phones; •Emergency or disaster recovery purposes; •Positions where using a personal device could compromise employee safety, identity, or confidentiality. •Employee prefers not to use their personal phone for business purposes. City-issued phones must be used strictly for City business. Failure to comply with this policy, misuse of City resources, or failure to maintain eligibility may result in disciplinary action, including loss of stipend. Security Passwords Employees are responsible for maintaining computer/network passwords and must adhere to these guidelines: •Passwords must be at least eight characters long and include at least three of the following: lowercase character; uppercase character; and a number or non-alpha-numeric character (e.g., *, &, %, etc.). Password requirements may be changed as necessary, as determined by the Information Technology Manager. •Passwords should not be shared or told to other staff. If it is necessary to access an employee’s computer when they are absent, contact your supervisor or the Information Technology department. •Passwords can be stored in an encrypted password manager provided by the IT department. They should not be stored in any location on or near the computer, or stored electronically such as in a cell phone or other mobile device. •Employees must change passwords every 90 days when prompted, or on another schedule as determined by the Information Technology Manager. Network access Non-City-owned computer equipment used in the City’s building should only use the wireless public connection to the Internet. Under no circumstances should any non-City-owned equipment be connected to the City’s private network via WIFI or a network cable.Exceptions may be granted by the IT Manager or designee. VIII-04 64 Remote Access to the Network Examples of remote access include, but are not limited to: Outlook Web Access (web mail), virtual private network (VPN), Windows Remote Desktop, and Windows Terminal Server connections. While connected to City computer resources remotely, all aspects of the City’s Computer Use Policy will apply, including the following: •Remote access to the City’s network requires a request from the department head. Remote access privileges may be revoked at any time by an employee’s supervisor. •If remote access is from a non-City-owned computer, employee-provided,updated anti-virus software must be installed and operational on the computer equipment, and all critical operating system updates must be installed prior to connecting to the City network remotely. Failure to comply could result in the termination of remote access privileges. •Recreational use of remote connections to the City’s network is strictly forbidden. An example of this would be a family member utilizing the City’s cellular connection to visit websites. •Private or confidential data should not be transmitted over an unsecured wireless connection. Wireless connections are not secure and could pose a security risk if used to transmit City passwords or private data while connecting to City resources. Wireless connections include those over cellular networks and wireless access points, regardless of the technology used to connect. • Internet The following considerations apply to all uses of the Internet: •Personal use of the Internet is permitted but should be limited due to security risks. Employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races, or religions. If you are unsure whether a site may include inappropriate information, you should not visit it. •If an employee’s use of the Internet is compromising the integrity of the City’s network, Information Technology staff may temporarily restrict that employee’s access to the Internet. If IT staff does restrict access, they will notify the employee, HR, and the employee’s manager as soon as possible, and work with the employee and manager to rectify the situation. •The City may monitor or restrict any employee’s use of the Internet without prior notice, as deemed appropriate by the employee’s manager. Data Retention Electronic data should be stored and retained in accordance with the City’s Record Retention Policy. Voicemail Policy The telephone and voicemail systems are the property of The City of Hastings. They have been provided by The City of Hastings for use in conducting City business. All communications and information transmitted by, received from, or stored in this system are company records and property of The City of Hastings. VIII-04 65 Employees have no right or expectation of privacy in any matter stored in, created, received, or sent over the City of Hastings telephone and voicemail systems. The City of Hastings maintains the right to monitor, access, retrieve, and delete any voicemail messages as well as monitor the telephone system for any reason without the permission of any employee and without notice. Supervisors and managers shall have the right to review voicemail messages of any employee supervised by them at any time or for any reason. Voicemail PINs may be requested or reset in order to be accessed by the City in an employee's absence. Even though The City of Hastings reserves the right to retrieve and listen to any voicemail messages, those messages should still be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or listen to any voicemail messages that are not sent to them. Prior to transferring any voicemail messages, employee must ensure that no confidential or sensitive information is being released. All usage and communication over the City's telephone and voicemail systems must adhere to the City's policies outlined in the Work Rules and Code of Conduct section as well as the Respectful Workplace section of the Employee Handbook. VIII-04 66 Chapter 12 Safety and Health The City is committed to providing a safe and healthy working environment for its employees. The City shall provide the proper training, tools, and equipment necessary for a reasonably safe working environment. It is the responsibility of each employee to understand and comply with the safety rules and regulations established both departmentally and City-wide, as well as safely and properly operate all tools and/or equipment. Employees are responsible for promptly reporting any safety concerns to their supervisor. It is the duty of each supervisor and department head to establish reasonable safety regulations and procedures and instruct employees in accident prevention and safe operation. Supervisors are responsible for acting promptly when any safety concerns are reported. Safety and Wellness Committee Employees are encouraged to participate in the City’s safety committee, which meets regularly to develop recommendations and coordinate overall accident prevention and employee educational training programs.The purpose of the City of Hastings Safety Committee is to promote a proactive and collaborative approach to workplace safety by identifying hazards, reviewing safety concerns, recommending corrective actions, and ensuring compliance with occupational safety regulations. The committee aims to foster a culture of safety and health across all City operations. The roles and responsibilities of the committee are accident and incident review, training and communication, supporting compliance with applicable OSHA regulations and state/local safety laws, identifying and evaluating workplace hazards,and recommending preventive measures, or other tasks as assigned. The committee structure will include the following positions: Human Resources Generalist, Deputy Police Chief, Assistant Fire Chief, Public Works Superintendent, Facilities Manager, Parks & Recreation Operations & Maintenance Supervisor, and Code Enforcement Specialist. The Human Resources Generalist will serve as the committee chairperson. Wellness and Recognition Committee The purpose of the Wellness and Recognition Committee is to foster a positive, healthy, and supportive work environment for all City of Hastings employees. The roles and responsibilities of the committee are promoting wellness among City employees, developing and coordinating employee recognition programs, encouraging team building, employee engagement, and interdepartmental collaboration, providing recommendations to City leadership for ongoing improvement and wellness and recognition efforts, and planning the annual employee recognition celebration or other tasks as assigned. Committee membership shall be a cross-section of City departments. The Wellness and Recognition committee is funded by a grant reimbursement program through the City’s insurance pool. Accidents and Near-Misses Whenever an employee has an accident, damages property,or is injured on the job,has a near-miss, or witnesses an unsafe act or workplace,they must report directly to their supervisor. Supervisors must report all injuries to Human Resources and must report any near-misses/unsafe acts to the Safety Committee. VIII-04 67 Personal Injury/Workers Compensation In cases of personal injury, appropriate treatment will first be given, and a First Report of Injury and Supervisors Report must be completed and submitted promptly. Workers’ Compensation will pay for medical care and lost wages resulting from job related illnesses or injuries. If you are injured or become ill through work please inform your supervisor immediately, regardless of how minor the injury or illness might be. Employees injured on duty are required to keep the City informed about their medical condition and when they may return to work. In no event will an employee earn more compensation while on a work- related injury. The City may require a fitness for duty report before permitting an employee to return to work following an injury. Under Minnesota Statutes §176.021, every employer is liable to pay compensation in every case of personal injury or death of an employee arising out of and in the course of employment. Minnesota Statutes §176.181, subd.2, requires employers who have not been approved for self-insurance to provide workers' compensation insurance for their employees. The City of Hastings complies with state workers compensation coverage requirements. Workers compensation is intended to cover only work-related injuries and illnesses. Because of this, neither The City of Hastings nor our insurance carrier will be liable for the payment of Workers’ Compensation benefits for injuries that might occur during employee’s voluntary participation in off- duty recreational, social or athletic activities that we may sponsor. If any City of Hastings employee is injured on the job a mandatory drug and/or alcohol test will be required in accordance with City policy. Fraudulent Claims Minnesota law makes it a crime for any person who, with intent to defraud, receives workers compensation benefits for which that person is not entitled by knowingly misrepresenting, misstating, or failing to disclose any fact. Managed Care The City of Hastings uses managed care for workers compensation claims to better coordinate medical care for injured workers and to control workers compensation costs. Temporary Alternate Duty The City of Hastings may have temporary alternate duty available for regular full or part-time employees, andemployees and will determine availability based on business needs and individual capability. Temporary alternate duty may not be available, and it is the City’s determination whether it is available. Employees who are unable to perform the essential functions of their position due to a permanent medical disability may not qualify for temporary alternate duty. The City retains the right to conduct an independent medical evaluation to determine whether temporary alternate duty is available. The City retains the right to receive updated medical information and determine whether temporary alternate duty may continue. It is the City’s policy to keep employees who suffer a work- related injury engaged in the organization through meaningful work in compliance with any physician- imposed limitations. VIII-04 68 To qualify for temporary alternate duty, the employee must be physically unable to perform the duties of their position, be qualified and physically able to perform the duties of an alternate position, andposition and be expected to recover and resume the duties of their regular position. If the duties and responsibilities of the temporary alternate duty are outside the framework for the employee’s regular position and compensation, the employee’s compensation may be adjusted commensurate with the temporary alternate duty. Temporary alternate duty may be permitted for up to 90 days with the approval of the department head; extension of temporary alternate duty beyond 90 days must be approved by the City Administrator. Right to Know The City of Hastings has adopted a Right to Know policy as required by the Employee Right-to-Know Act passed by the Minnesota State Legislature in 1983. A Workplace Accident and Injury Reduction (AWAIR) program The City of Hastings has adopted the policy to enhance our City’s accident and injury prevention program and to meet the primary compliance requirements of Minnesota OSHA's AWAIR (A Workplace Accident and Injury Reduction program) bill as outlined in chapter 182.653 sub-division 8. Emergency Procedures Employees are expected to familiarize themselves with the buildings in which they regularly work, and become aware of the location of emergency exits, fire extinguishers, severe weather shelters, and first aid kits. In case of fire or other emergency, employees should use stairs to exit. For small fires, employees are expected to use the fire extinguishers while having a fellow employee call 911 for assistance. The department or division manager should be immediately notified to evacuate the appropriate building. Locations of applicable emergency information will be included in the appendix.Employees are expected to familiarize themselves with the Emergency Action Plan for not only the building they primarily work in, but any City building they may spend time in. All Emergency Action Plans can be found on the City’s Intranet. Personal Protective Equipment The City establishes guidelines for the proper use, maintenance, and provision of Personal Protective Equipment (PPE) to ensure the safety and well-being of all staff members. This policy applies to all employees and volunteers who are required to use PPE while performing their job duties within the organization. Managers and supervisors are responsible for providing required PPE, training staff on how to properly use PPE, and ensuring PPE is being properly used where appropriate. Employees must wear PPE as required based on job-specific hazards, including, but not limited to: safety helmets, eye and face protection, hearing protection, respiratory protection, hand protection, foot protection, protective clothing. PPE requirements and inspections should be determined by referencing Safety Data Sheets or the equipment’s checklist. PPE must be worn correctly and consistently,consistently;employees must inspect their PPE before each use and report and damaged or detective equipment to their supervisor. Failure to wear or properly use PPE may result in disciplinary action. Supervisors will monitor compliance and address any violations. Safety Boots For those positions determined to need safety boots for safe performance of their job, the City will pay the cost of OSHA-approved footwear, up to $250 annually for full and part-time regular employees, as VIII-04 69 well as paid on-call firefighters. For seasonal employees, the annual reimbursement will be for up to 50% of the actual cost of the boots, not to exceed $125 annually. Boots will be replaced no more often than once per year. If safety boots are determined necessary for the position, the employee is required to wear them.View the full policy on the City’s intranet page. Safety Glasses For those positions determined to need safety glasses for safe performance of their job, the City will pay the cost of prescription and non-prescription safety glasses. The city will pay for basic frames,and basic bifocal/trifocal lenses. The city will not pay forreimburse any examination costs. Glasses will be replaced no more often than once every other year, unless they are broken as a result of an employee’s job activities. View the full policy on the City’s intranet page. Use of City Property Employees may be issued City equipment, including but not limited to keys, pass codes, phones, computers, voicemail, and other equipment deemed necessary to perform job functions. Employees are expected to secure and maintain any City property issued to them, including ensuring that City facilities or vehicles are properly secured. Loss, theft, or damage to City property must be reported immediately to the employee’s supervisor. Repeated instances of loss, theft, or damage to property may result in discipline, up to and including dismissal. Employees are expected to use City-issued equipment for business-related purposes. Reconfiguring, tampering, disrupting, or otherwise changing city equipment, including computer files, is strictly prohibited. Employees may be required at any time, and in all cases immediately upon separation of employment, to return any and all City equipment. City Vehicle Use [may want separate robust vehicle policy] If driving for the City, an employee agrees to obey all traffic laws, safely operate the vehicle, wear a seatbelt and ensure all passengers wear seatbelts, and maintain the appropriate driver’s license for lawful operation. The City reserves the right to verify motor vehicle records at any time on any employees who are assigned or authorized to drive for the City. An employee who drives in an illegal, careless, unsafe, or negligent manner while on duty may be subject to discipline, up to and including dismissal.When multiple employees are attending the same off-site work function, they should coordinate to use one City vehicle whenever possible. damage to personal property. Loss or Suspension of License Any employee whose position description lists the possession of a valid driver’s license as a minimum or essential qualification must report any loss or suspension of a driver’s license to their immediate supervisor the first business day following the loss or suspension of the license. In case of a loss of driving privileges, positions where driving is an essential requirement of the job are normally more difficult to accommodate, particularly for long periods of time. Temporary job accommodations may be made on a case-by-case basis, considering other work that needs to be done, the length of the restriction, the ability of the employee to obtain a work permit, the impact on the department operations, the ability of the employee to perform the vast majority of the rest of the job responsibilities, and the employee’s performance, discipline, and length of service. If an employee receives a car allowance or is issued a take-home vehicle and has their driving privileges suspended, the VIII-04 70 City vehicle will be returned and/or the car allowance will be suspended immediately upon suspension. In no case will the City extend accommodations beyond 60 calendar days for positions where driving is an essential or minimum requirement of the position. In cases where an employee will not be able to legally drive for 60 calendar days or more and cannot obtain a work permit and where driving has been determined to be essential to the job and where provisions of the ADA are complied with, the employee may not be able to retain their job. VIII-04 71 Chapter 13 Employee Education and Training City-Wide Training The City is committed to providing a consistent and mandatory training framework for all employees and departments within the City of Hastings. This ensures legal compliance with legal and regulatory standards, supports employee development, enhances public service delivery, and promotes a safe, inclusive, and respectful workplace. This applies to all regular full-and part-time employees, elected officials,and appointed commission members, as applicable, and volunteers. It is the policy of the City of Hastings that all designated employees and officials must complete the required training modules annually and upon hire or appointment. Failure to comply may result in disciplinary action in accordance with the City’s personnel policies. Required training modules may include, but isare not limited to:new employee orientation, workplace harassment, cybersecurity awareness, workplace safety (ERTK and AWAIR), role-specific training, and other city-identified training. Managers and supervisors are responsible for ensuring employees have the time and resources to complete the training. They are also responsible for ensuring employees complete their training once notified by Human Resources. Human Resources will be responsible for the administration, tracking, and notification of training modules. The Safety Committee will be responsible for recommending training and reviewing the training catalog annually. Exemptions may be granted for equivalent prior training or under exceptional circumstances, subject to HR review and approval. Reasonable accommodation will be madeprovided for individuals with disabilities in accordance with the ADA. Training, Workshops, Conferences Costs for City-initiated or required workshops, professional seminars, training programs, courses, continuing education, and/or license/certification maintenance for existing employees will be paid by the City. Departments will be responsible for requesting training and associated expenses as part of the annual budget process and providing documentation as part of the request. Travel Expenses Employees who have attended approved training, workshops conferences and/or while conducting City business will be reimbursed for reasonable expenses incurred. A.Mileage Reimbursement Employees using their own personal vehicle for City business will be reimbursed for actual mileage at the IRS-established reimbursement rate in excess of regular mileage the employee would normally incur as part of their daily commute to City offices. Employees with take-home vehicles or vehicle allowances are not eligible for mileage reimbursement. B.Meals & Incidental Expenses Meal and incidental expenses incurred as a result of overnight business travel, and which are not included in a registration fee will be reimbursed based on the Meal & Incidental Expense (M&IE) table established by the General Services Administration (www.gsa.gov/perdiem) and per diem will be based on the location at which the expense occurred. Meal expenses incurred as a result of a partial day absence in conjunction with overnight travel will be reimbursed by the M&IE rate table established by the GSA. Employees attending day training away from City offices will not be reimbursed for meal costs. The City will not reimburse for the cost of alcoholic beverages. VIII-04 72 C.Lodging The actual cost of lodging is paid by the City. The City will pay for the cost of a single room only, or the next larger size if a single is not available. D.Transportation The actual cost of a coach class airline ticket and one bag (if not included in the price of the ticket) is paid by the City. Costs of transportation (taxi, bus, etc.) and parking fees will be reimbursed with a receipt. Travel, Meals, and Training/Conference Reimbursement The City is committed to supporting employee training and professional development while ensuring stewardship of public funds. This policy establishes guidelines for employee training, travel, and related expenses. This policy applies to all employees and officials engaged in authorized City business. All reimbursements will comply with federal laws, IRS requirements, FLSA, and Minnesota State Statutes. Training, Conferences, and Membership dues o Job-Related Training and Conferences o The City may pay for employee participation in training, professional conferences, or meetings when: ▪The subject matter is directly related to the employee’s job responsibilities; ▪Attendance supports departmental or City goals; and ▪Attendance is approved in advance by the employee’s supervisor and, when required, the City Administrator. ▪Mandatory continuing education may be reimbursed if the content is directly related to position duties. Request and Approval Process o Requests must be submitted in writing, with estimated costs (registration, travel, meals, lodging, etc.). o Out-of-state travel requires City Administrator approval. o Approved requests will be documented. Memberships and Dues Memberships in professional organizations may be paid when they directly benefit the City. Equity in Opportunities All Departments will strive to allocate training, conference, and travel opportunities will be allocated fairly among employees, subject to budgetary and operational needs. Travel Guidelines General Requirements o Travel must be necessary, reasonable, and pre-approved. o Employees must use the most direct and economical route available. o Travel must comply with IRS regulations, FLSA rules, and City policies. VIII-04 73 Travel Time Compensation o Normal commute time to and from the employee’s regular work location is not compensable. o Same-day travel to another work location during regular hours is compensable. o Overnight travel: o Travel during normal work hours (even on weekends) is compensable. o Travel outside normal work hours as a passenger is not compensable. o Travel time will be compensated in accordance with FLSA standards. Transportation City Vehicles: May be used with supervisor approval. Only persons on official City business may be transported. Also see Carpooling Policy. o Personal Vehicles: Employees may be reimbursed at the current IRS mileage rate. The City is not responsible for damage to personal vehicles. Employees are expected to carry insurance on their vehicles and obey all traffic laws. Also see Carpooling Policy. o When traveling from home directly to an off-site location, employees must deduct their normal commute mileage from the total miles traveled. The same rules applied when traveling from an off-site location to home. When traveling from the regular work location to an off-site location and returning to the regular work location, all mileage is reimbursable. Mileage reimbursement will be based on the most direct and reasonable route available. o Rental Cars: Requires Department Direct approvals. Compact or mid-size vehicles should be selected when possible. o Air Travel: Economy fare is standard. Reservations should be made in advance to secure reasonable fares. It is the employee’s responsibility to find the lowest airfare possible. Lodging o Employees should select reasonably priced accommodations near the event. o Single occupancy is standard; reimbursement is limited to the single rate when double occupancy includes non-City individuals. o Lodging within miles of Hastings will not normally be reimbursed unless pre-approved. o Itemized receipts are required. o Use of shared-lodging accommodations will be considered by the City Administrator. Meals and Incidental Expenses General Rules o Alcoholic beverages will not be reimbursed per Minn. Stat. § 471.661. o Reasonable gratuities, not exceeding 15%, may be reimbursed. o Reimbursement applies only to meals not otherwise provided by the event. Per Diem Allowances o For overnight travel, meals and incidentals are reimbursed at the U.S. General Services Administration (GSA) per diem rates for the travel location (www.gsa.gov). o Per diem is paid in lieu of actual receipts. City purchasing cards may not be used for meals. o If meals are included in the registration fees, that portion for the per diem cannot be claimed. Local/Non-Overnight Travel VIII-04 74 o Meals are not reimbursable within the 7-County Metro Area unless the meeting is scheduled as a working breakfast, lunch, or dinner. The reimbursement amount will follow the GSA per diem rates. o For travel outside of the metro area not requiring an overnight stay, one meal may be reimbursed with receipts if travel prevents a regular meal. Expense Reporting and Documentation Submission Requirements o Employees must submit an itemized report with receipts within 30 days of return. o Reports must include a clear business purpose for each expense. o Expenses submitted more than 60 days after the expenditure will not be reimbursed. Non-Reimbursable Expenses The following are not eligible for reimbursement: o Alcoholic beverages; o Personal entertainment (movies, fitness clubs, etc.); o Traffic or parking fines; o Family or guest expenses; o Personal Items (toiletries, clothing, etc.); o Costs from failure to cancel reservations. Accountability o Employees must exercise good judgment and minimize costs while maintaining reasonable comfort. o Submitting false or misleading expense reports may result in denial of reimbursement, repayment, disciplinary action, or referral under the City’s Code of Conduct. Roles and Responsibilities o Employees: Submit requests in advance, keep accurate records, minimize costs, and file timely reports. o Supervisors: Review and approve requests, verify receipts, and ensure compliance. o City Administrator: Provide final approval for out-of-state travel and significant expenditures. Carpooling The City of Hastings recognizes the benefits of reducing single-occupancy vehicle travel, including lower greenhouse gas emissions, reducing traffic congestion, and promoting efficient use of City resources. This policy encourages City employees to carpool with coworkers or others when appropriate, particularly for work-related travel or commuting to shared events, trainings, and conferences. Carpooling is a voluntary activity. Employees are encouraged, but not required, to consider carpooling when attending off-site meetings, trainings, or conferences where multiple City staff are traveling to the same location, participating in work assignments, or site visits that involve travel to a common destination. When using a personal vehicle for carpooling, employees are responsible for coordinating among themselves. Employees are expected to follow all traffic laws, safely operate their vehicle, and VIII-04 75 have their vehicle insured. Employees participating in carpools do so at their own discretion and risk. The City is not responsible for personal arrangements, agreements, or disputes arising from voluntary carpooling. The City will not be responsible for damage to personal property. Tuition Reimbursement The City will share in the cost of education which directly relates to the employee’s present job classification or which prepares the employee for advancement with the City in the foreseeable future. The City may reimburse eligible regular, full-time employees for the cost of tuition upon presentation of final grade of C or higher or Pass. The employee is responsible for paying the cost of any fees, books, or other associated fees. A maximum of $3,000 per calendar year may be available, depending on available funding in the department budget. An employee who leaves employment prior to completion of a course will not be reimbursed for the course. No reimbursement will be made unless prior approval has been granted by the department head. No employee may receive assistance from other sources and receive tuition aid from the City for the same courses taken. An employee who receives reimbursement under this program must remain employed with the City following completion of the course for which they received reimbursement, or will agree to pay the City 100% of the costs if they separate employment less than one year after completion of the course or 50% if they separate employment less than two years after completion of the course. VIII-04 76 Chapter 14 Discipline and Grievance Discipline City employees will be subject to disciplinary action for failure to fulfill duties and responsibilities of their position, including observance of all work rules. Discipline will be for sufficient cause and the employee may use the grievance process for discipline which is believed to be unjust or disproportionate to the offense alleged. Discipline will not result in discrimination based on race, color, creed, religion, national origin, sex, marital status, sexual orientation or identity, disability, age, status with regard to public assistance, political affiliation, or veteran status. Cause for discipline may be, but is not limited to, the following examples: Incompetency, inefficiency, carelessness, dishonesty or negligence in the employee’s job responsibilities or while using or entrusted with City property; Inability or unwillingness to perform the essential functions of the employee’s position, with or without reasonable accommodation Theft or intentional destruction of City or another’s property; Failure to comply with safety rules and expectations; Failure to comply with personnel policy rules and regulations; Conduct impairing the efficiency of the City; Reporting to work and/or working under the influence of alcohol, drugs, or any other controlled substance; Offensive or inappropriate language or conduct to members of the public, elected or appointed officials, or employees; Repeated absenteeism/tardiness and/or falsification of reported time worked; Conducting business for another job while on City time; Insubordination; Conviction of a criminal offense involving moral turpitude; Conviction of a crime directly related to the employee’s occupation; Any other violations of the Hastings Personnel Policy or department work rules. Progressive Discipline The steps taken during discipline need not follow in order if the facts and circumstances warrant differently. Serious offenses may circumvent progressive disciplinary policies. Progressive discipline generally will be as follows: A.Verbal Warning Supervisors or department heads may impose a verbal warning without prior approval of the City Administrator. Documentation will be placed in the employee’s file. B.Written Warning VIII-04 77 Supervisors or department heads may impose a written warning without prior approval of the City Administrator. Documentation to the employee will include: •Notice of written warning; •Violation that occurred; •Previous discipline; •Consequences of additional violation(s), up to and including dismissal Employees will be given one copy of the written warning to sign, acknowledging receipt. Documentation will be placed in the employee’s file. C.Suspension Department heads or the City Administrator may suspend an employee, with or without pay. Documentation to for the employee will include: •Notice of suspension; •Violation that occurred; •Previous discipline; •Effective time of the suspension; •That the suspension will be unpaid; •Consequences of additional violation(s), up to and including dismissal Employees will be given one copy of the suspension notice to sign, acknowledging receipt. Documentation will be placed in the employee’s file. D.Demotion The City Administrator may demote an employee for inefficient performance, for disciplinary actions, or other reasons determined at the discretion of the City Administrator. Documentation to for the employee will include: •Notice of demotion; •Violation that occurred; •Previous discipline; •Effective date of the demotion; •Consequences of additional violation(s), up to and including dismissal; •Expectations for the employee’s new position. Employees will be given one copy of the demotion notice to sign, acknowledging receipt. Documentation will be placed in the employee’s file. E.Dismissal The City Administrator may dismiss an employee who has been appointed. The City Council may dismiss department head employees. The City Administrator will hold a meeting with the employee prior to dismissal. Documentation to the employee will include: •Notice of dismissal; •Reasons for dismissal; •Summary of previous discipline; •Effective date of the dismissal; •The employee’s rights under these rules and any applicable federal or state laws. VIII-04 78 Employees will be given one copy of the dismissal notice to sign, acknowledging receipt. Documentation will be placed in the employee’s file. The City of Hastings reserves the right to alter the order described above, to skip corrective steps, to eliminate corrective steps or to create new or additional corrective steps depending on the facts and circumstances of each individual case. In choosing the appropriate corrective action we may consider any number of factors, including the seriousness of your conduct, your history of misconduct, your employment record, your length of employment, the strength of evidence against you, your ability to correct the conduct, your attitude about the conduct, actions we’ve taken for similar conduct by other employees, how your conduct affects the City, its customers and your coworkers, and other circumstances related to the nature of the misconduct, to your employment with this company and the effect of the misconduct on the business of the City of Hastings. You should remember that your employment is at the mutual consent of you and the City of Hastings. This policy does not change this fact. This means that you or the City of Hastings can terminate the employment relationship at will at any time, with or without cause and with or without advanced notice. As a result, the City of Hastings reserves its right to terminate your employment at any time for any lawful reason including reasons not listed above. You will also have the right to end your employment at any time. Grievance Employees are provided with a uniform grievance procedure consistent with Minnesota Statute 43A.33. When an employee is aggrieved with wage, hours, or condition of employment and such agreements are not controlled by statute, charter, ordinance, resolution, or collective bargaining agreement, the following process shall be used. All grievances must be filed in writing by the employee. The following steps will be used for resolving grievances: A.Grievance Initiation The employee will submit their grievance in writing to the employee’s supervisor within ten working days of the incident or discovery. The grievance will be dated and will include a statement of the grievance and relevant facts, when the grievance occurred, the alleged policy violation; ,and identify how the employee feels the grievance can be satisfactorily resolved. Within three working days after the grievance submittal, the supervisor will hold a preliminary meeting with the employee to discuss the grievance. The date of the meeting and a summary will be documented by the supervisor. B.Step I Decision Within five working days after the meeting held in Grievance Initiation, a Step I Decision will be issued by the immediate supervisor (or designee) to the employee. Copies of the decision will be forwarded to the department head and to the employee’s personnel file. C.Step I Decision Appeal The employee may appeal in writing a Step 1 Decision to the City Administrator within five working days after it has been issued. D.Step II Decision VIII-04 79 Within five working days of receiving an appeal to a Step I Decision, a Step II Decision will be issued by the City Administrator in response to the written grievance appeal. Copies of the decision will be forwarded to the department head and to the employee’s personnel file. E.Step II Decision Appeal The employee may appeal in writing a Step II Decision to the City Council within ten working days after it has been issued. This appeal must be filed with the City Administrator. The City Council will consider the written appeal of the City Administrator’s Step II Decision and any other pertinent information developed through the grievance process. The City Council will review interpretation of the Personnel Policy and the facts of the grievance presented. The Council will make a final and binding decision in writing within thirty calendar days following the close of its hearing. If at any point in this process, the grievance is not taken to the next step by the employee within the specified time frame, it will be deemed waived and satisfactorily resolved. If at any point in the process, the City does not respond to the grievance within the specified timeframe, the employee may elect to treat the grievance as denied and may appeal the grievance to the next step. Each of the above steps will be taken in a timely manner; however, if in the event that one or more parties is physically unavailable to consider the grievance (i.e. on vacation, sick leave, etc.), the grievance will be heard at the earliest practical date. VIII-04 80 Appendix A –Sick Leave Donation Sick Leave Donation Policy Purpose With the written approval of the City Administrator, City Employees having accrued sick leave will be allowed to donate a portion of such accrued sick leave to a sick leave donation “pool” to be used by employees experiencing a medical emergency. A medical emergency is a medical condition of the employee or a child, spouse or parent of the employee that will require the prolonged absence of the employee from duty and will result in a substantial loss of income to the employee. Conditions: Receiving Donated Sick Leave. a.An employee is only eligible to receive donated sick leave for time lost from work due to absences directly related to a medical emergency as described above, equal to the number of hours of time whichthat the employee would lose from his/her job due to the medical emergency. b.An employee will be eligible to receive donated sick leave only after the employee’s accrued sick leave, compensatory time, floating holidays, and vacation time balances have been exhausted by the employee. c.An employee will be allowed to receive up to and no more than one hundred and sixty (160) hours of donated sick leave for any single major medical emergency. The hours the recipient may obtain will only be provided if there are sufficient hours in the sick leave bank. In addition, the recipient will be notified prior to every eligible pay period as to how many hours they will be receiving for the pay period. d.Employees will not accrue vacation or sick leave while using donated sick leave. e.The City Administrator may deny use of donated sick leave or limit its use, as determined necessary and in the best interest of the City of Hastings. f.An employee is not eligible for the sick leave donation program if also eligible for Workers’ Compensation, receiving Long-Term Disability payments though the City’s program, or judged to be disabled to the extent that the employee will not be returning to work. Donating Sick Leave a.An employee may donate no more than thirty-two (32) hours per calendar year to the donated leave pool. Donations are to the pool, not a specific employee. b.An employee must have a minimum sick leave balance of 40 hours after donating sick leave to the pool. VIII-04 81 c.A prospective donor will indicate the number of hours he/she wishes to donate on the form designated by the City for that purpose and submit the form to the HR Director. d.Hours which have been donated to the sick leave pool are non-refundable and become the sole property of the City’s sick leave pool. Voluntary Participation a.Participation in the donation of sick leave donation program will be completely voluntary and confidential. No City employee shall pressure or otherwise attempt to influence another City employee to surrender sick leave. b.The City will not inform the recipient of the names of those surrendering hours or the number of hours surrendered. Other Provisions Donations shall be on an hour-for-hour basis. For every one (1) hour of sick leave donated by the donor, the recipient will be credited with one (1) hour of sick leave. The pay levels of the two employees shall not affect the transaction. The donated hours are taxable income to the recipient. Departing employees may not donate to the sick leave pool. If the recipient separates from City employment before using all of the donated leave time, the remaining donated time may not be converted to severance pay. Any remaining donated time shall be returned back to the donated sick pool. VIII-04 82 Appendix B –Remote Work Policy The City of Hastings is committed to providing excellent customer service for our residents, as well as attracting and retaining critical employee talent. A remote work policy provides these benefits to the City and is hereby adopted according to the guidelines below. This policy governs the practice of working remotely from locations other than a City facility, including an employee’s home. Remote work should not adversely affect other operational needs of the City. It is voluntary for the employee and at the sole discretion of management. General Guidelines Remote work, for this policy, is defined as regularly working some scheduled hours off-site and some on City premises. This policy does not pertain to occasional work outside the office or “work from home” days. No employee will be allowed to remotely workwork remotely for all scheduled work hours unless approved as a reasonable ADA accommodation. Regardless of location, a remote worker remains responsible for all job duties, responsibilities,and obligations associated with their position, even if such duties require the employee to come into a City facility while performing work remotely. Employees and supervisors should seek to find solutions to maximize benefit benefits to the City and to the employee. City employees who meet the eligibility criteria will be considered for remote work on a case-by-case basis, where remote work arrangements have been shown to accomplish both work and personal goals, and meet the criteria and guidelines set forth below. Remote schedules may need to change to accommodate the needs of the City or when employee job duties change. When making the decision to approve remote work, supervisors and the City Administrator will consider the following guidelines: •The remote work arrangement must be set in advance and approved by the supervisor and the City Administrator. •Remote work requires the same focus on job duties as if the employee were in the office; frequent interruptions from household members, pets or other distractions may disqualify an employee from remote work. •There must be adequate department coverage during all standard hours. •There must be no adverse impact on internal or external customers. •There must be no known safety issues associated with working remotely. •There must not be any known security issues with technology or otherwise, in order to protect nonpublic government data. •Employees working under a Performance Improvement Plan are not eligible for remote work. •Employee and supervisor will define daily availability and manner in which employee will be available to internal and external customers. •Internal and external customers must be given direction on whom to contact in the employee’s absence and how, if the employee is not available during all business hours. •The schedule must not result in additional overtime for the employee or co-workers, unless pre-approved by the Supervisor. •The supervisor or City Administrator may end the remote work arrangement at any time. VIII-04 83 Remote work arrangements may vary depending on the position and department. Supervisors are responsible for determining the work schedules within their departments, subject to the approval of the City Administrator. Because the primary focus is serving the needs of the customers, it is important to realize that remote work arrangements may not be possible for some positions. A remote work agreement is to be completed and signed by the employee, the employee’s supervisor, and the City Administrator prior to beginning the remote work. Eligibility for Flexibility in the Place of Work Individuals requesting remote work arrangements must be employed with the City for a minimum of 12 months of continuous, regular employment and be successfully performing their job duties, as determined with supervisor input. There may be additional considerations when an employee requests remote work as a reasonable accommodation,and the City will consider those requests on a case by casecase-by-case basis. Supervision and Performance Evaluation For employees who are working remotely at least half of their schedule, supervisors must hold regular meetings to discuss work progress and issues for the first three months. These meetings can be conducted by phone, virtual computer technology,or in person. Evaluation of remote worker performance beyond the initial three months will be consistent with that received by employees working at the office. If work performance declines or becomes unsatisfactory, the employee may face discipline and/or the remote work arrangement may be terminated at the discretion of the City. Work Hours, Calendars,and Meetings The employee and supervisor will agree on the number of days of remote work that will be allowed each week, the work schedule the employee will customarily maintain, and the manner and frequency of communication. The employee agrees to be accessible by phone, virtual computer software or email within a reasonable time period during the agreed uponagreed-upon work schedule. Depending on the employee’s position and the needs of the City, the work schedule may include core hours during which the employee must be available,or the schedule can include greater flexibility for the employee to work outside the City’s normal business hours. Remote workers who are not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) will be required to record all hours worked in a manner designated by the City. Hours worked in excess of 40 hours (or regularly assigned hours) per week,will require advance approval of the supervisor. Failure to comply with this requirement may result in termination of the remote work arrangement. Remote workers who are exempt from the overtime requirements of the FLSA must follow the City’s normal payroll and timekeeping policies and are generally accountable for their normal work week hours (e.g., for most full-time employees,that will be at least 40 hours/week). VIII-04 84 All remote workers must use sick, vacation,or compensatory time off as needed to cover periods of time off, following the City’s normal paid leave policies. See the Employee Handbook for other types of leave, notification, and coverage for eligible employees. Remote workers must attend all required meetings, including those which normally would be held on a remote workday, and are also responsible for obtaining information from optional meetings when such meetings impact their work with the City. In-person business meetings with others cannot be held at an employee’s home. Work Environment and Technology For employees working remotely on a routine basis, the employee must establish an appropriate work environment to avoid problems associated with safety or poor ergonomics. The City will not be responsible for costs associated with the initial setup of the employee’s remote office,such as remodeling, furniture, lighting, repairs, or modifications to the office space. Employees will be offered appropriate guidance in setting up a workstation designed for safe, comfortable work. The City will provide employees with appropriate technology (e.g., computer, monitor(s), docking station, mouse, keyboard, headset) as determined by consultation with the employee, supervisor,and IT. Employees will be required to perform software and hardware updates in keeping with standards set by the IT Department. Employees are required to provide a reliable internet connection and follow all guidelines regarding the appropriate use of City technology equipment found in the Employee Handbook. All City-owned equipment must be returned upon termination of the remote work arrangement or at termination of employment. The City will supply the employee with the appropriate office supplies (pens, paper, etc.) for their assigned job responsibilities. The organization will also reimburse the employee for all pre-approved, appropriate business-related expenses; however, the employee may be required to come into the office in order to perform some duties such as mailing, scanning, photocopying or picking up supplies. City Employment Policy and Benefits Coverage The City’s normal policies and procedures (for example, computer use, data practices, respectful workplace, outside employment, etc.) apply to employees working remotely. Employees should review the Employee Handbook or ask their supervisors if they have any questions about whether or how a particular City policy applies to a remote work environment. An employee working remotely is generally covered by the City’s Workers' Compensation insurance while acting in the course and scope of employment and must report any injury to their supervisor as soon as possible. VIII-04 85 Appendix C -Employee Uniform/Apparel Expectations and Reimbursement Policy The purpose of the policy is to ensure employees have and utilize appropriate apparel for their roles while outlining the purchasing process. This policy applies to all employees in general, including seasonal, intern, and temporary. Where there are collective bargaining agreements, additional specifications on clothing, uniform and equipment purchases may be noted. Apparel and Uniforms Overview Employees of the City of Hastings are expected to project a neat, well-groomed appearance commensurate with the position held by the employee. Employees are responsible for ensuring that they dress in clean, unstained and unripped clothing that projects an appropriate appearance for the public and the employee’s role. Any clothing that has words, terms, or pictures that may be offensive to other employees or the public is unacceptable. Clothing that is sexually provocative or reveals too much cleavage, back, chest, feet, stomach or underwear is not appropriate for a place of business. If clothing fails to meet these standards, as determined by the employee’s supervisor and Human Resources staff, the employee will be asked not to wear the inappropriate item to work again. If the problem persists, the employee may be sent home to change clothes and may be subject to progressive discipline. Certain roles in the City require a specific uniform or manner in which employees are identifiable to the public.Details on the uniform and its design, maintenance, and replacement will be provided by the department leadership. Employees are expected to wear supplied/reimbursed apparel and footwear. Safety items or personal protective equipment (PPE) will be supplied by the City with the expectation of appropriate use and are not listed within this policy. Safety boot and safety prescription eyewear reimbursements are governed by a separate policy. Departmental Uniforms/Apparel 1.Building Inspections a.Building Inspections is responsible for establishing, maintaining, and communicating an approved list of uniform apparel items. b.Building Inspectors are required to wear safety boots in accordance with the city’s safety boot policy. c.Building inspectors are required to wear high-visibility clothing, provided by the city, when conducting field inspections for the City. d.Building inspectors shall wear a hard hat provided by the city on all commercial construction sites and residential construction sites where hazards such as potential falling or protruding objects may impact the head. Additional PPE shall be made available and utilized by the inspector as the situation dictates. These items may include eye protection, gloves, and hearing protection. VIII-04 86 e.Code Enforcement Officers are required to wear high-visibility clothing when conducting field inspections for the city. Additional PPE shall be made available and utilized by the officer as the situation dictates. These items may include eye protection, gloves, and hearing protection. 2.Facilities a.Facilities Department is responsible for establishing, maintaining, and communicating an approved list of uniform apparel items. b.Building Services: Staff will be reimbursed for apparel per the collective bargaining agreement. c.Facilities Manager: The Facilities Manager will have an approved annual clothing allowance for shirts, jeans, and outerwear. 3.Fire Department a.The Fire Department is responsible for establishing, maintaining, and communicating an approved list of uniform apparel items. Uniforms and apparel will be replaced by the department as deemed appropriate by the Chief or Assistant Chief. b.Full-time Firefighters, Fire Chief, Assistant Fire Chief, Fire Inspector and Fire Marshal: An initial set of work uniforms will be provided to new full-time employees. Upon successful completion of the probationary period, employees will be provided with a Class A department dress uniform. c.Paid On-call Firefighters: An initial work uniform will be provided for new paid on-call employees. 4.Parks and Recreation Department a.The Parks and Recreation Department is responsible for establishing, maintaining, and communicating an approved list of uniform apparel items. b.Parkkeeper/Forester staff: Employees will purchase apparel and seek reimbursement per collective bargaining agreement. c.Recreation staff: Full-time employees have an approved clothing allowance. Apparel purchases must have City of Hastings official logo. d.Ice Arena staff: Full-time employees have an approved clothing allowance. Apparel purchases must have City of Hastings official logo. e.Ice Arena Seasonal: The City will provide Seasonal staff with a sweatshirt bearing the City logo. f.Aquatics Center Seasonal staff: The City will provide all lifeguards with seasonal uniform which may include swimsuit, sweatpants, sweatshirt, t-shirt, and/or visor/hat. g.Seasonal Parks staff:The City will issue Parks seasonal staff with t-shirts bearing the City logo and will be replaced if damaged during work tasks. 5.Police Department a.The Police Department is responsible for establishing, maintaining, and communicating an approved list of uniform apparel items. b.Patrol Officers and Sergeants: Officers and Sergeants will be issued an initial set of approved uniforms per department standards and policy. All other VIII-04 87 apparel/uniform items will be purchased by the employee and be submitted for reimbursement per the collective bargaining agreement. c.Community Service Officer: The CSO will be issued an initial set of approved uniforms per department standards and policy. Replacement will be at the discretion of the Chief or Deputy Chief. d.Command staff: Command staff follow the collective bargaining agreement amount for Sergeants’ uniform allowance. e.Police Reserves: Reserves will be assigned a department approved uniform at the start of service. Replacement will be at the discretion of the Chief or Deputy Chief. f.Chaplain: The Department Chaplain will be issued a uniform and necessary equipment in the performance of their duties per departmental policy. 6.Public Works a.Public Works is responsible for establishing, maintaining, and communicating an approved list of uniform apparel items. b.Operators & Mechanic: Employees will purchase apparel and seek reimbursement per collective bargaining agreement. c.Engineering Technicians: Employees will purchase apparel and seek reimbursement per collective bargaining agreement. d.Engineers: Engineers are expected to wear business casual unless field work dictates more appropriate apparel. e.Seasonal Public Works: No apparel/uniform provided. f.Supervisory Staff: Supervisors are expected to wear business casual unless field work dictates more appropriate apparel. Purchase Process and Reimbursement a)Following the purchase of approved uniform or apparel items by the employee, submit the Uniform Reimbursement form and receipt to Supervisor/Manager. b)Supervisor/Manager will enter the information into the accounts payable system with the employee as the vendor. c)Reimbursement will be issued via direct deposit to the employee. d)Reimbursements are issued two times per month following Council approval. e)While most uniforms are excluded from wages, some apparel items are included in wages as a fringe benefit, defined by the IRS and subject to withholding. These items are “adaptable to general use as ordinary clothing.”These would include jeans, cargo pants, dress pants, dress shirts, ties, belts, coats and coveralls. Logo clothing does not automatically exempt clothing from inclusion in wages as defined by the IRS. See Publication 5137 (Rev. 10-2022) Catalog Number 66216W Department of the Treasury Internal Revenue Service. •To be eligible, all reimbursement requests must be received no later than December 31 in the same calendar year as the purchase date. •Shoes, shoe polish, wax, shoelaces, insoles, etc. are not eligible unless approved under collective bargaining agreement. VIII-04 88 •Unused allowances are not eligible for carry-over. VIII-04 City Council Memorandum To: Mayor Fasbender & City Council Members From:David D. Wilske, Chief of Police Date:November 17th, 2025 Item:Biennial Portable Recording System (Body-Worn Camera) Audit Council Action Requested: Accept and approve the independent biennial body-worn camera audit conducted by Lynn Lembcke Consulting. Background Information: The Hastings Police Department implemented a body-worn camera program in early 2017 and completed independent audits in 2019 and 2021. In accordance with Minn. Stat. 13.825 and 626.8473, a portable recording system (body-worn camera) audit was required in 2025 and has been completed. Hastings Police Department asserts it is compliant with Minn. Statute in fulfilling the requirements outline below: •Portable recording system data is classified as private data on individuals or nonpublic data, except data that document the discharge of a firearm by a peace officer or the use of force by a peace officer that results in substantial bodily harm. •Portable recording system data that are not active or inactive criminal investigative data are maintained for a minimum of 90 days and destroyed according to the City of Hastings Record Retention Schedule. •An inventory of portable recording system technology is maintained. •Peace officers may only use agency-issued portable recording systems. •The Hastings Police Department complies with sections 13.05, Subd. 5 and 13.055. •Sharing of portable recording system data with other law enforcement agencies is in accordance with 13.05, Subd. 5 and 13.055. •The Hastings Police Department has an adopted written policy relating to Portable Recording Systems. •The Hastings Police Department provided an opportunity for public comment before purchase and implementation of the most recent portable recording system. The final report has been submitted to the Legislative Commission on Data Practices and Personal Data Privacy. VIII-05 Financial Impact: Budgeted Item Advisory Commission Discussion: None Council Committee Discussion: None Attachments: •Independent Audit Report VIII-05 INDEPENDENT AUDIT REPORT Chief David Wilske Hastings Police Department 150 3rd St. E Hastings, MN 55033 Dear Chief Wilske: An independent audit of the Hastings Police Department’s Portable Recording System (body- worn cameras (BWCs))was conducted on February 18, 2025. The objective of the audit was to verify Hastings Police Department’s compliance with Minnesota Statutes §§13.825 and 626.8473. Data elements the audit includes: Minnesota Statute §13.825 •Data Classification •Retention of Data •Access by Data Subjects •Inventory of Portable Recording System Technology •Use of Agency-Issued Portable Recording Systems •Authorization to Access Data •Sharing Among Agencies Minnesota Statute §626.8473 •Public Comment •Body-worn Camera Policy Hastings Police Department is located in Dakota County, Minnesota and is authorized for thirty- two (32)peace officers. Hastings Police Department utilizes Axon body-worn cameras and Evidence.com cloud-based evidence management storage. The audit covers the time period July 1, 2021, through January 31, 2025. Audit Requirement: Data Classification Determine if the data collected by BWCs are appropriately classified. Hastings Police Department BWC data is presumptively private. All BWC data collected during the audit period is classified as private or nonpublic data. Hastings Police Department had no incidents of the discharge of a firearm by a peace officer, use of force that resulted in substantial bodily harm, requests from data subjects for the data to be made accessible to the public,or court orders directing the agency to release the BWC data to the public. No discrepancies noted. VIII-05 Audit Requirement: Retention of Data Determine if the data collected by BWC’s are appropriately retained and destroyed in accordance with statutes. Hastings Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency specified retention periods in Evidence.com. At the conclusion of a BWC recording,officers assign metadata, including an Evidence.com category, to the recording. Each category has an associated retention period.Upon reaching its retention date, evidence is systematically deleted. Deletion of the data is captured in the audit trail. An Evidence Created Report was produced from Evidence.com for all BWC data collected during the audit period. Records from the Evidence Created Report were reviewed, and the date and time the data was created was verified against the deletion date. Each of the records were deleted or maintained in accordance with the record retention schedule and maintained for at least the minimum ninety (90) days required by statute. Randomly selected audit trail reports were verified against the Evidence Created Report, and each record was deleted or maintained in accordance with the record retention. Hastings Police Department had received no requests from data subjects to retain BWC data beyond the applicable retention period. Supervisors and records staff monitor BWC data for proper categorization to ensure BWC data are appropriately retained and destroyed. No discrepancies noted. Audit Requirement: Access by Data Subjects Determine if individuals who are the subject of collected data have access to the data, and if the data subject requests a copy of the data, other individuals who do not consent to its release must be redacted. BWC data is available to data subjects and access may be requested by submission of a Hastings Police Department Government Data Request Form –Data Subjects. During the audit period, Hastings Police Department had received no requests to view BWC data but did receive and fulfill requests for copies of BWC data from data subjects.Data subjects who had not consented to release of the data were redacted. A copy of the redacted video is maintained Evidence.com along with the original video.BWC data requests are documented in the records request section of the records management system. No discrepancies noted. VIII-05 Audit Requirement: Inventory of Portable Recording System Technology Determine the total number of recording devices owned and maintained by the agency; a daily record of the total number of recording devices actually deployed and used by officers, the policies and procedures for use of portable recording systems by required by section 626.8473; and the total amount of recorded audio and video collected by the portable recording system and maintained by the agency, the agency’s retention schedule for the data, the agency’s procedures for destruction of the data, and that the data are available to the public. Hastings Police Department’s BWC inventory consists of thirty-one (31)devices.An inventory report from Evidence.com detailed the total number of recording devices owned and maintained by the agency. The inventory included the device model, serial number, device name, officer assigned to the device, officer badge ID, date of last upload, device status, error status, firmware version, warranty date, date last docked, and camera state. Hastings Police Department’s BWC policy governs the use of portable recording systems by peace officers while in the performance of their duties.The policy requires officers to conduct a function test at the beginning of each shift to make sure the device is operating properly. Officers noting a malfunction during testing or any other time are required to promptly report the malfunction to their supervisor. Newly hired officers are trained on the use of BWCs as part of their field training program. Officers working on randomly selected dates, and randomly selected calls for service, were verified against Evidence.com and the Evidence Created Report and confirmed that BWCs are being deployed,and officers are wearing and activating their BWCs. A review of the total number of BWC videos created per quarter shows a consistent collection of BWC data. Evidence.com queries and the Evidence Created Report detail the total amount of BWC data created, stored/maintained, and deleted. Hastings Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency specified retention periods in Evidence.com.BWC video is fully deleted from Evidence.com upon reaching its scheduled deletion date. Metadata and audit trails are maintained in Evidence.com after deletion of BWC audio and video. BWC data is available upon request, and access may be requested by submission of a Hastings Police Department Government Data Request Form –Data Subjects. No discrepancies noted. Audit Requirement: Use of Agency-Issued Portable Recording Systems Determine if peace officers are only allowed to use portable recording systems issued and maintained by the officer’s agency. Hastings Police Department’s BWC policy states that only department-issued BWCs should be VIII-05 used without the express consent of the Chief of Police or authorized designee. No discrepancies noted. Audit Requirement: Authorization to Access Data Determine if the agency complies with sections 13.05, Subd. 5, and 13.055 in the operation of portable recording systems and in maintaining portable recording system data. Sergeants and the Commander conduct monthly reviews of BWC data ensure data is properly categorized and that BWCs are being utilized in compliance with policy. Nonpublic BWC data is only available to persons whose work assignment reasonably requires access to the data. User access to BWC data is managed by the assignment of roles and permissions in Evidence.com. Permissions are based on staff work assignments. Roles and Permissions are administered by the Commander. Access to Evidence.com is password protected and requires dual authentication. The BWC policy governs access to BWC data. Agency personnel authorized to access BWC data are allowed access to BWC data for legitimate department-related purposes. User access to BWC data is captured in the audit trail. The BWC policy states that any member who accesses or releases BWC media without authorization may be subject to discipline. When BWC data is deleted from Evidence.com, its contents cannot be determined. Hastings Police Department has had no security breaches.A BCA CJIS Security audit was conducted in March of 2023. No discrepancies noted. Audit Requirement: Sharing Among Agencies Determine if non-public BWC data is shared with other law enforcement agencies, government entities, or federal agencies. Hastings Police Department’s BWC and Records Maintenance and Release policies govern the sharing of data with other law enforcement agencies. BWC may be shared with other law enforcement agencies and government entities for legitimate, specified law enforcement purposes upon written authorization of the Chief of Police or the authorized designee.Law enforcement agencies seeking access to BWC data are required to submit a written request. Sharing of data is documented in an Evidence.com Sharing Audit Report and in the Records Request section of the records management system. No discrepancies noted. VIII-05 Audit Requirement: Biennial Audit Determine if the agency maintains records showing the date and time the portable recording system data were collected, the applicable classification of the data, how the data are used,and whether data are destroyed as required. Evidence.com and the Evidence Created Report document the date and time portable recording system data were collected and deleted. All BWC data collected during the audit period is classified as private or nonpublic data. Evidence.com audit trails, the Sharing Audit Report, and the records management system documents how data are used. The audit trail is maintained in Evidence.com after deletion of video. No discrepancies noted. Audit Requirement: Portable Recording System Vendor Determine if portable recording system data stored in the cloud, is stored in accordance with security requirements of the United States Federal Bureau of Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. Axon BWC data is stored in Evidence.com in the cloud. An Axon CJIS Compliance White paper outlines the specific security policies and practices for Evidence.com and how they are compliant with the CJIS Security Policy. Axon has signed the CJIS Security Addendum in all states and has performed statewide CJIS-related vendor requirements in Minnesota. Axon has incorporated the CJIS Security Addendum by reference into the Axon Master Services and Purchase Agreement. Axon maintains signed CJIS Security Addendum certification pages for Axon personnel. Authorized Axon personnel are required to complete Level 4 CJIS Security Training upon assignment and biennially thereafter. No discrepancies noted. Audit Requirement: Public Comment Determine if the law enforcement agency provided an opportunity for public comment before it purchased or implemented a portable recording system and if the governing body with jurisdiction over the budget of the law enforcement agency provided an opportunity for public comment at a regularly scheduled meeting. Hastings Police Department purchased and implemented Digital Ally BWCs prior to the requirement of Minn. Statute § 626.8473, Subd. 2. Hastings City Council approved the BWC program on February 2, 2015. Hastings City Council held a Public Hearing for body camera public input at their June 1, 2020, Council meeting prior to the purchase and implementation of the Axon body worn cameras. No discrepancies noted. VIII-05 Audit Requirement: Body-worn Camera Policy Determine if a written policy governing the use of portable recording systems has been established and is enforced. The Hastings Police Department established and enforces a BWC policy. The policy was compared to the requirements of Minn. Stat. § 626.8473.The policy included all minimum requirements of Minn.Stat. § 626.8473, Subd. 3(b).The BWC policy is posted on the agency’s website. No discrepancies noted. This report was prepared exclusively for the City of Hastings and Hastings Police Department by Lynn Lembcke Consulting. The findings in this report are impartial and based on information and documentation provided and examined. Dated: November 6, 2025 Lynn Lembcke Consulting Lynn Lembcke VIII-05 City Council Memorandum To:Mayor Fasbender and City Council From:John Hinzman, Community Development Director Date:November 17,2025 Item:Authorize Signature: 1st Amendment to Stormwater Management Facilities Agreement –Suite Living Council Action Requested: Authorize signature of the attached 1st Amendment to Stormwater Management Facilities Agreement between the City of Hastings and Landco Investments of Hastings, LLC for development of Suite Living, a 32 unit assisted living facility to be located southeast of 33rd and Vermillion Streets. A simple majority is necessary for action. Background Information: The City authorized signature of the original agreement on March 6, 2023. Since that time the location of certain stormwater improvements within the site have changed, which necessitates the amendment. The Stormwater Management Facilities Agreement establishes obligations for maintenance by the owner and allows the City access to the site. Financial Impact: The addition of 32 assisted living units will add to the tax base and create needed housing opportunities. Advisory Commission Discussion: N\A Attachments: •1st Amendment to Stormwater Management Facilities Agreement VIII-06 1 (Reserved for Recording Data) AMENDED AND RESTATED STORMWATER MANAGEMENT FACILITIES AGREEMENT This Amended and Restated Stormwater Management Facilities Agreement (“Agreement”) is made, entered into and effective this ____ day of _________________, 2025, by and between the City of Hastings, a Minnesota municipal corporation (“City”),and Landco Investments of Hastings, LLC, a Minnesota limited liability company (“Developer”). WHEREAS, Developer is the fee owner of certain real property situated in the City of Dakota, County of Dakota, State of Minnesota legally described as follows: Lot 1, Block 1, Suite Living of Hastings, according to the recorded plat thereof. Abstract Property PID: 197210001010 (the “Property”); and WHEREAS, on March 6, 2023, the City and Developer entered into that Stormwater Management Facilities Agreement pertaining to the Property, recorded at the Office of the County Recorder in Dakota County, Minnesota on October 5, 2023, as Document No. 3604944 (“Original Agreement”); and WHEREAS, Developer obtained the approval of the City for the development of the Property for a Stormwater Management Facilities, which refer to water quality and/or water quantity facilities (i.e. detention basins, retention basins, swales, pipes, oil/water separators, sand filtering devices, infiltration facilities, sump structures, etc.),located outside the public road right- of-way; and WHEREAS, the City required that the Developer construct, maintain and repair the Stormwater Management Facilities located within the boundaries of the Property as shown on the Stormwater Facilities Location Map on Exhibit A attached hereto and incorporated herein; and VIII-06 2 WHEREAS, in the Original Agreement, the City and Developer set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Management Facilities and the responsibility relating to the costs of the repair and maintenance of the Stormwater Management Facilities; and WHEREAS, the City and Developer desire to amend certain provisions of the Original Agreement and intend that this Agreement replace and supersede the Original Agreement for all purposes; accordingly, after this Agreement is recorded, the Original Agreement will be void and have no effect. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1.Construction and Maintenance of Stormwater Management Facilities. The Developer agrees to construct the Stormwater Management Facilities according to the construction plans drawn by Civil Site Group dated October 27, 2025 (“Plans”)and repair and maintain the Stormwater Management Facilities at its sole cost and expense. Maintenance of the Stormwater Management Facilities shall include but is not limited to compliance with the Stormwater BMP Inspection and Maintenance Plan (“Inspection Plan”)attached as Exhibit B. Developer shall submit an annual inspection report that complies with the Inspection Plan by September 30th of each year.If the required annual inspection report is not submitted to the City by September 30th, the City shall have the right to enter onto the property to conduct the annual inspection.If it is determined that the Stormwater Management Facilities (1) have not been maintained; or (2) are not functioning as originally designed and intended; or (3) are in need of repair, the Developer agrees to restore the Stormwater Management Facilities so that it functions as it was designed and intended. Failure to comply with the restoration ordered by the City shall be an event of default. The Developer further agrees that it will not use the Stormwater Management Facilities for snow storage and will inform its snow removal contractors of this provision of the Agreement. 2.Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer’s failure to cure such default within such time-frame, except in an emergency as determined by the City, the City may, at its option, perform the work and the Developer shall promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse the City for any reasonable out-of-pocket expense incurred by the City. 3.License, Easement, and Assessment.This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter the Property. When the City does any such work, the City may, in addition to its other remedies, assess the reasonable out-of-pocket cost in whole or in part.The Developer has conveyed to the City and the public a permanent drainage and utility easement, described and depicted in more detail on the easement document, which is dedicated to the public for the purpose of providing perpetual access to the City, or its successors responsible hereunder, for purposes of inspecting and performing any necessary maintenance to the Stormwater Management Facilities. VIII-06 3 4.Changes to Site Configuration or Stormwater Management Facilities.If site configurations or Stormwater Management Facilities change, causing decreased effectiveness of Stormwater Management Facilities, new or improved Stormwater Management Facilities must be implemented to ensure the conditions for post-construction stormwater management continue to be met. 5.Terms and Conditions.This Agreement shall run with the land and shall be binding upon Developer’s successors and assigns with respect to the Property.The terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and assigns. 6.Developer Warranty. Developer warrants and represents the following to the City and acknowledges that this Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of Developer enforceable in accordance with its terms.The party signing on behalf of the Developer has been duly authorized by the entity to sign the Agreement and bind the entity. Developer has been duly formed under the laws of the State of Minnesota and is in good standing under the laws of the jurisdiction in which the Property is located, is duly qualified to transact business in the jurisdiction in which the Property is located, and has the requisite power and authority to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Developer pursuant hereto.This Agreement and the documents and instruments required to be executed and delivered by Developer pursuant hereto have each been duly authorized by all necessary action on the part of Developer and such execution, delivery and performance does and will not conflict with or result in a violation of Developer’s organizational agreement or any judgment or order. The execution, delivery and performance by Developer of this Agreement will not (a) violate any provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or award of any court, governmental agency or arbitrator presently in effect having applicability to Developer, or (b) result in a breach of or constitute a default under any indenture, loan or credit agreement or any other agreement, lease or instrument to which Developer is a party or by which it or any of its properties may be bound. 7.Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 8.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 9.Counterparts. This Agreement may be executed in any number of counterparts, VIII-06 4 each of which shall be deemed an original but all of which shall constitute one and the same instrument. 10.Consent. Developer consents to the recording of this Agreement. 11.Limitation of Liability. Notwithstanding any other provision of this Agreement, in no event shall either party or any of their affiliates, by reason of any of their respective acts or omissions be liable whether in contract, tort, misrepresentation, warranty, negligence, strict liability or otherwise for any special, indirect, incidental or consequential damages arising out of or in connection with this Agreement, or the performance, non-performance or breach thereof. 12.Notice. Notice shall mean notices given by one party to the other if in writing and if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name and address to the party or person intended addressed as follows: If to City:City of Hastings Attention: City Administrator 101 4th Street East Hastings, MN 55033 If to Developer:Landco Investments of Hastings, LLC Attn: ________________________ 1824 Buerkle Road White Bear Lake, MN 55110 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, on the third day after mailing if mailed by United States postal service as provided above, or within twenty-four (24) hours if sent via overnight courier service provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. [The remainder of this page was intentionally left blank.] VIII-06 5 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. CITY: CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this ___ day of ______________________, 2025, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public VIII-06 6 DEVELOPER: LANDCO INVESTMENTS OF HASTINGS, LLC By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of __________________, 2025 by , the of Landco Investments of Hastings, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public This instrument drafted by And after recording, please return to: Greta Bjerkness (#0390575) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 VIII-06 A-1 EXHIBIT A STORMWATER FACILITIES LOCATION MAP VIII-06 B-1 EXHIBIT B STORMWATER BMP INSPECTION AND MAINTENANCE PLAN VIII-06 B-2 VIII-06 www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060 Stormwater Best Management Practices (BMPs) Inspections and Maintenance Plan Project Name:Suite Living Hastings CSG Project Number 22053 Project Owner:Hampton Companies/Suite Living Property Address:33rd St W and Hwy 61 Hastings, MN 55033 Date: 11/12/2025 Maintenance Contact Person/Property Owner:Jeremy Larson Executive Vice President Hampton Companies, LLC 1824 Buerkle Rd White Bear Lake, MN 55110 651-200-4365 Jeremy@hamptoncos.com This Operation and Maintenance Plan has been prepared by Civil Site Group. Matthew R. Pavek PE, License No. 44263 VIII-06 www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060 Table of Contents: 1.Summary Narrative 2.BMP Location Map 3.Bio-Infiltration Basin 4.Sump Catch Basin 5.Outlet Structure Introduction: Stormwater treatment for this site is accomplished by implementing a Bio-Infiltration Basin (hereafter referred to as the “system” or “basin”). The system for this project is directing the project stormwater runoff via surface drainage and storm sewer piping from rain events to a surface infiltration basin on the south side of the site. The stormwater leaves the basin via an outlet control structure within the basin then it is discharged into the city’s existing stormwater sewer system. This basin is designed to provide water quality treatment and meet rate control requirements of the City of Hastings.The basin must be inspected annually, and maintenance must be carried out within 7 days of inspection. Need for Inspection and Maintenance: The stormwater system is the first line of defense from conveying pollutants downstream into city storm sewer and public water ways, worsening water quality. The purpose of regular inspection and maintenance is to ensure the proper operation of the system and the overall storm system. Regular maintenance of the system and all its components is required to achieve the water quality objective. This Operations and Maintenance plan requires frequent inspections, per inspection activities table. Maintenance activities required per maintenance activities table for each flagged inspection item are required to be completed as soon as possible following any inspection. Responsibility of Property Owner following construction/completion: Upon installation of the approved system, the property manager assumes responsibility and all costs associated with the system’s long-term operation and maintenance. The property owner shall maintain records of all inspections and maintenance of the system/s and submit reports to the proper authority (city, watershed, etc.) if required. The following document is a guide to the inspection and maintenance of the system. Inspection of Stormwater Facilities. All storm water management devices shall be inspected by the owner or responsible party annually or as specified in the approval plan. Completed self-inspection reports shall be returned to: City of Hastings Department of Engineering Located in City Hall, 101 4th St E, Hastings, MN 55033 651-480-2334 VIII-06 NO PAR K I N G EOF= 8 2 9 . 0 0 BMP LOCATION MAP Project Number: Issue Date: Revision Number: Revision Date: 5000 GLENWOOD AVENUE GOLDEN VALLEY, MN 55422612-615-0060 www.CivilSiteGroup.com SUITE LIVING HASTINGS 33RD ST W AND HWY 61, HASTINGS, MN 55033 EX A 25033 11/12/2025 . . 0 1" = 60'-0" 60'-0"30'-0" N BIO-INFILTRATION BASIN SUMP CATCH BASIN OUTLET STRUCTURE VIII-06 3. Bio-Infiltration Basin PLAN VIEW DETAIL/PROFILE VIEW BMP ID: Bio-Infiltration Basin Location: In the Southern portion of the site. Description of BMP: The bio-infiltration basin is designed to treat the stormwater runoff from the site. VIII-06 www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060 3. Inspection Activities: These inspections should be completed every 3-6 months and 48 hours after a rainfall event greater than 1.5”, unless otherwise noted. All maintenance to be completed by owner unless otherwise delegated, as needed per inspection. Site ID: BMP Type/Number: Bio-Infiltration Basin Inspection Date:Inspector: Inspection Activity/Recommended Frequency Observations Maintenance Procedure/Frequency Maintenance Required (Y/N)Actions Completed 1.Ensure no clogging of top surface filter fabric. Replace filter fabric per manufacture’s standards. Completed by: Date: 2.Ensure that facility and outlets are clear of debris. Remove trash and debris from in and around system. Completed by: Date: 3.Ensure that the contributing area is stabilized and mowed, with clippings removed. Remove clippings around basin and mow surrounding areas. Completed by: Date: 4.Ensure that activities in the drainage area minimize oil/grease and sediment entry to the system. Remove oil from water surface as identified per inspection. Completed by: Date: 5.Stabilize any eroded areas.Repair identified eroded areas per original plans. Completed by: Date: 6.Inspect BMP components (inlets and outlets) to ensure good condition and no evidence of erosion or sediment deposits. Repair impacted BMP component per original plans. Completed by: Date: 7.Verify no trees start to grow along the slope or base of the basin. Remove trees growing along basin slope or base. Completed by: Date: VIII-06 www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060 ** For additional information, see the MPCA Stormwater Manual, 2005 http://www.pca.state.mn.us/water/stormwater/stormwater- manual.html These are general inspection/maintenance items that should be completed with every Infiltration Basin. Complete this self-inspection form for each site inspection and return to: City of Hastings Department of Engineering Located in City Hall, 101 4th St E, Hastings, MN 55033 651-480-2334 Local Maintenance Contractors Charlie Wilson Minnesota Utilities & Excavating (651) 464-5532 charlie@mnue.net Jesse Wilcox Carl Bolander and Sons (651) 224-6299 jesse@bolander.com Mike Waldenburg David’s Hydro Vac (651) 207-6134 mikew@davidshydrovac.com Matt Miklya Valley-Rich Co., Inc. (952) 448-3002 matt@valleyrich.com 8.Inspect plant material in the basin for health, damage, and plant coverage. Remove damaged or dead plant material from basin. Replant identified plant species/seed mix per original plans. Completed by: Date: 9.Aerate basin Disc aerate or de-thatch bottom of basin. Completed by: Date: 10.Scrape basin bottom and remove sediment. Scrape basin bottom and remove sediment. Restore original cross section and infiltration rate. Seed or sod to restore ground cover. Completed by: Date: VIII-06 4. SUMP CATCH BASIN PLAN VIEW DETAIL/PROFILE VIEW BMP ID: Sump Catch Basin Location: In the Eastern portion of the parking lot. Description of Device: The sump is located within the catch basin. Structure Access: Catch basin casting VIII-06 www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060 4.Inspection Activities-Sump Catch Basin These inspections should be completed every 3-6 months and after a significant rainfall event unless otherwise noted. Site ID: BMP Type/Number: Sump Catch Basin Inspection Date:Inspector: Inspection Activity Observations Maintenance Procedure/Frequency Maintenance Required (Y/N) Actions Completed 1.1.Visualinspectionfor trash and debris Removetrash anddebris from structure as outlined by manufacturer’s recommendation Completed by: Date: 2. Measure and record depth of sediment at Manholes. If the average depth of sediment is at or above, 3 inch depth clean as indicated. Note: Manholes with Sumps will have standing water after rain events. Remove any floatables, accumulated trash or debris. Clean out system using a JetVac A) Apply multiple passes of JetVac until backflush water is clean B) Vacuum manhole sump as required Completed by: Date: 3.Oil accumulation in device(s)Remove oilfrom water surface using method outlined by manufacturer’s recommendation Completed by: Date: 4. Visual inspection of internal components of device Dependent on type of damage; Repair structure per manufacturer’s recommendations Completed by: Date: VIII-06 www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060 ** For additional information, see the MPCA Stormwater Manual, 2005 http://www.pca.state.mn.us/water/stormwater/stormwater-manual.html These are general inspection/maintenance items that should be completed with every Sump Catch Basin. Complete this self-inspection form for each site inspection and return to: City of Hastings Department of Engineering Located in City Hall, 101 4th St E, Hastings, MN 55033 651-480-2334 Local Maintenance Contractors Charlie Wilson Minnesota Utilities & Excavating (651) 464-5532 charlie@mnue.net Jesse Wilcox Carl Bolander and Sons (651) 224-6299 jesse@bolander.com Mike Waldenburg David’s Hydro Vac (651) 207-6134 mikew@davidshydrovac.com Matt Miklya Valley-Rich Co., Inc. (952) 448-3002 matt@valleyrich.com 5.Inspect BMP components (inlets, outlets, and catch basins) to ensure good condition and no evidence of erosion or sediment deposits. Repair impacted BMP component per original plans Completed by: Date: VIII-06 5. OUTLET CONTROL STRUCTURE PLAN VIEW DETAIL/PROFILE VIEW BMP ID: Outlet Control Structure Location: In the Western portion of the Bio-Infiltration basin. Description of Device: The outlet control structure is a manhole structure with an internal weir and orifice to provide rate control. Structure Access: Manhole casting VIII-06 www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060 5.Inspection Activities-Outlet Control Structure These inspections should be completed every 3-6 months and after a significant rainfall event unless otherwise noted. Site ID: BMP Type/Number: Outlet Control Structure Inspection Date:Inspector: Inspection Activity Observations Maintenance Procedure/Frequency Maintenance Required (Y/N) Actions Completed 1.1.Visualinspectionfor trash and debris Removetrash anddebris from structure as outlined by manufacturer’s recommendation Completed by: Date: 2. Measure and record depth of sediment at Manholes. If the average depth of sediment is at or above, 3 inch depth clean as indicated. Note: Manholes with Sumps will have standing water after rain events. Remove any floatables, accumulated trash or debris. Clean out system using a JetVac A) Apply multiple passes of JetVac until backflush water is clean B) Vacuum manhole sump as required Completed by: Date: 3.Oil accumulation in device(s)Remove oilfrom water surface using method outlined by manufacturer’s recommendation Completed by: Date: 4. Visual inspection of internal components of device Dependent on type of damage; Repair structure per manufacturer’s recommendations Completed by: Date: VIII-06 www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060 ** For additional information, see the MPCA Stormwater Manual, 2005 http://www.pca.state.mn.us/water/stormwater/stormwater-manual.html These are general inspection/maintenance items that should be completed with every Outlet Control Structure. Complete this self-inspection form for each site inspection and return to: City of Hastings Department of Engineering Located in City Hall, 101 4th St E, Hastings, MN 55033 651-480-2334 Local Maintenance Contractors Charlie Wilson Minnesota Utilities & Excavating (651) 464-5532 charlie@mnue.net Jesse Wilcox Carl Bolander and Sons (651) 224-6299 jesse@bolander.com Mike Waldenburg David’s Hydro Vac (651) 207-6134 mikew@davidshydrovac.com Matt Miklya Valley-Rich Co., Inc. (952) 448-3002 matt@valleyrich.com 5.Inspect BMP components (inlets, outlets, and catch basins) to ensure good condition and no evidence of erosion or sediment deposits. Repair impacted BMP component per original plans Completed by: Date: VIII-06 City Council Memorandum To:Mayor Fasbender and City Council From:John Hinzman, Community Development Director Date:November 17,2025 Item:Authorize Signature: Permanent Drainage and Utility Easement –Suite Living Council Action Requested: Authorize signature of the attached Permanent Drainage and Utility Easement for development of Suite Living, a 32 unit assisted living facility to be located southeast of 33rd and Vermillion Streets. A simple majority is necessary for action. Background Information: Action establishes a public easement over the stormwater pond necessary for development of Suite Living and consistent with the 1st Amendment to the Stormwater Facilities Maintenance Agreement. Financial Impact: The addition of 32 assisted living units will add to the tax base and create needed housing opportunities. Advisory Commission Discussion: N\A Attachments: •Permanent Drainage and Utility Easement VIII-17VIII-07 PERMANENT DRAINAGE AND UTILITY EASEMENT THIS PERMANENT DRAINAGE AND UTILITY EASEMENT (“Easement”) is made, granted and conveyed this _____ day of _____________, 202____, by and between Landco Investments of Hastings, LLC, a Minnesota limited liability company (“Landowner”), and the City of Hastings, a Minnesota municipal corporation (“City”). WHEREAS,Landowner owns real property in Dakota County, Minnesota,legally described as follows: Lot 1, Block 1, Suite Living of Hastings, according to the recorded plat thereof. Abstract Property PID: 197210001010 (the “Landowner’s Property”). WHEREAS,the Landowner is developing the Property and City requires a permanent drainage and utility easement from Landowner in conjunction with the development. NOW THEREFORE,the Landowner in consideration of the sum of One Dollar and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, the following: PERMANENT EASEMENT DESCRIPTION The Landowner does hereby grant and convey unto the City, its successors and assigns, forever the following: A permanent easement for drainage and utility purposes and all such purposes ancillary, incident or related thereto (“Permanent Easement”) under, over, across, through and upon that real property legally described on Exhibit A and depicted on Exhibit B (the “Permanent Easement Area”), attached hereto and incorporated herein by reference. VIII-17VIII-07 2 The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any storm water facilities, above ground and below ground drainage facilities, underground pipes, conduits, culverts, other utilities, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any storm water facilities, above ground and below ground drainage facilities, underground pipes, conduits, culverts, other utilities, and all facilities and improvements ancillary, incident or related thereto. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a)To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement;and (b)To maintain the Permanent Easement Area, any City improvements,and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and (c)To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the utility pipes, conduits, mains and above ground and below ground drainage facilities and to deposit earthen material in and upon the Permanent Easement Area; and (d)To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys’fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to the Permanent Easement Area or the Landowner’s Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, successors,and assigns does hereby warrant to and covenant with the City, its VIII-17VIII-07 3 successors and assigns, that it is well seized in fee of Landowner’s Property described above, the Permanent Easement Area described on Exhibit A and depicted on Exhibit B and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [Remainder of this page has been intentionally left blank] VIII-17VIII-07 4 IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to be executed as of the day and year first above written. LANDOWNER: By: STATE OF MINNESOTA ) ) ss. COUNTY OF _______________) The foregoing instrument was acknowledged before me on this _____ day of ____________________, 202____, by ___________________________________, the _________ of Landco Investments of Hastings, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public VIII-17VIII-07 5 CITY: CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this ___ day of ______________________, 2025, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. This instrument drafted by And after recording, please return to: Greta Bjerkness (#0390575) LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Dr., Suite 300 Eagan, MN 55121 (651) 451-1831 VIII-17VIII-07 A-1 EXHIBIT A LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for drainage and utility purposes, over, under and across that part of Lot 1, Block 1, SUITE LIVING OF HASTINGS, according to the recorded plat thereof, Dakota County, Minnesota, which lies to the left of the following described line and its westerly extension: Commencing at the southeast corner of said Lot 1; thence on an assumed bearing of North 00 degrees 24 minutes 24 seconds West along the easterly line of said Lot 1 for 19.45 feet to the point of beginning of the line to be described; thence South 89 degrees 56 minutes 07 seconds West for 159.27 feet; thence North 04 degrees 10 minutes 49 seconds East for 52.28 feet; thence North 85 degrees 47 minutes 46 seconds West for 234.49 feet to the westerly line of said Lot 1 and there terminating And which lies east of the West 10.00 feet of said Lot 1, north of the South 5.00 feet of said Lot 1 and west of the East 5.00 feet of said Lot 1 VIII-17VIII-07 B-1 EXHIBIT B DEPICTION OF PERMANENT EASEMENT AREA VIII-17VIII-07 City Council Memorandum To:Mayor Fasbender and City Council From:John Hinzman, Community Development Director Date:November 17, 2025 Item:1st Reading: Amend City Code Chapter 155 –Zoning Ordinance –Lower-Potency Hemp Edibles Council Action Requested: Consider 1st Reading of an amendment to Hastings City Code Chapter 155 pertaining to lower- potency hemp edibles. Upon consideration of 1st reading, 2nd reading,and final adoption would be scheduled for the December 1st City Council Meeting. A simple majority is necessary for action. Background: On December 2, 2024 the City Council voted to amend the City Code to establish regulations for cannabis and lower-potency hemp edibles. The staff memo included a table outlining permitted and conditional uses for certain zoning districts. Some of the items within the table were not included in the ordinance amendment. The proposed amendment seeks to clarify regulations for lower-potency hemp edibles that were presented as part of the 2024 ordinance amendment. Advisory Commission Review: On November 10, 2025 the Planning Commission voted 6-0 to recommend approval of the amendment as presented with limited discussion. No one spoke for or against the amendment during the public hearing. Commissioners discussed rules for on and off sale liquor licenses pertaining to lower-potency hemp and distance requirements. Commissioners voted 6-0 to recommend approval of the City Code Amendment with staff review of the distance requirements between retail sales of lower-potency hemp edibles to ensure the manufacturing setbacks are similar.The attached amendment has similar setbacks for both retail sale and manufacturing of lower-potency hemp edibles. Advisory Committee Review: N\A Attachments: •Ordinance Amendment •Planning Commission Staff Report –November 10, 2025 VIII-08 1 CITY COUNCIL 1ST READING DRAFT –NOVEMBER 17, 2025 ORDINANCE NO. 2025- AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA AMENDING HASTINGS CITY CODE CHAPTER 155 –ZONING CODE –LOWER-POTENCY HEMP EDIBLES The City Council of the City of Hastings, Minnesota does hereby ordain as follows: SECTION 1. AMEND.The Code of the City of Hastings, State of Minnesota, Chapter 155 -Zoning Code –is amended as follows. Language added is underlined and language removed is stricken. 155.07 Special Provisions J. Cannabis Uses and Lower-Potency Hemp Edible Uses 5. Performance Standards. All cannabis and lower-potency hemp edible businesses must comply with the following: b. No cannabis or lower-potency hemp edible use shall be allowed as port of any Adult Use Establishment business, as defined in City Code Chapter 114.21. c. Cannabis or lower-potency hemp edible uses cannot violate City Code Chapter 95 regarding public nuisances. d. Distance restrictions: Distances from a cannabis or lower-potency hemp edible use are measured from the storefront of a retail use and from the property line of all other cannabis or lower-potency hemp edible uses, and shall comply as provided below. (2) The location of the cannabis or lower-potency hemp edible use must be located: (a)More than five hundred feet (500’) from a school as measured from the property line of the school to the use; (b)More than five hundred feet (500’) from a residential treatment facility, as measured from the property line of the facility to the use; (c)More than five hundred feet (500’) from an attraction within a public park that is regularly used by minors, such as, but not limited to a playground, athletic field, athletic court, picnic area or restrooms, pavilion or park VIII-08 2 building, disc golf features, as each is measured from the location of the public park attraction to the use. However, such distance restriction shall not extend across Highway 61 or Highway 55 but shall terminate if it intersects with such highways. (d)All buildings used for manufacturing, production, testing, processing, or warehousing of cannabis must be setback a minimum of five hundred feet (500’) from a residential zoning district or residential use as measured from the property line of the cannabis use to the property line of the nearest residential zoning district or residential use. (3) Exceptions to distance restrictions: (e) Use of cannabis concentrate in the manufacturing of lower-potency hemp edibles. Use of cannabis plants to produce cannabis concentrate shall not be exempted from distance requirements. 155.29 C-2 Highway Auto Sales and Service B. Uses Permitted. 3. Lower-potency hemp edible retail with on-sale or off-sale liquor license. 155.30 C-3 Community Regional Commerce B. Uses Permitted. 8. Lower-potency hemp edible retail with on-sale or off-sale liquor license. 155.31 DC Downtown Core B. Uses Permitted. 8. Lower-potency hemp edible retail with on-sale or off-sale liquor license. 155.34 I-1 Industrial Park B. Uses Permitted. 7. Lower-potency hemp edible retail with on-sale or off-sale liquor license. SECTION 2. SUMMARY PUBLICATION.Pursuant to Minnesota Statutes 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. VIII-08 3 The text amendment adopted by the Hastings City Council on December 1, 2025 modifies the City Code related to lower-potency hemp edibles. SECTION 3. EFFECTIVE DATE.This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 1st day of December, 2025 _____________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk Summary Publication Published in the Hastings Journal on December 4,and December 11, 2025 VIII-08 To: Planning Commissioners From:John Hinzman, Community Development Director Date:November 10, 2025 Item:Public Hearing -Amend City Code Chapter 155 –Zoning Code –Lower-Potency Hemp Edibles Planning Commission Action Requested Hold a public hearing and recommend action to amend City Code Chapter 155 –Zoning Code – Lower-Potency Hemp Edibles. Background On December 2, 2024 the City Council voted to amend the City Code to establish regulations for cannabis and lower-potency hemp edibles. Council action was consistent with the recommendation of the Planning Commission on October 28, 2024. The staff memo included a table outlining permitted and conditional uses for certain zoning districts. Some of the items within the table were not included in the ordinance amendment. The proposed amendment seeks to clarify regulations for lower-potency hemp edibles that were presented as part of the 2024 ordinance amendment. Lower-Potency Hemp Edibles vs. Cannabis Minnesota State Statutes 342.01 defines Lower-Potency Hemp Edibles. In general, lower-potency hemp edibles include beverages and food items with a lower limit of cannabinoid and THC that that of cannabis. City Code Regulations Cannabis and lower-potency hemp edibles are regulated in City Code as follows: •Business Registration: City Code Chapter 117 regulates business registration for the sale and production of cannabis and lower-potency hemp edibles. •Zoning Code Performance Standards: City Code Chapter 155.07, Subd. J established performance standards including distance setbacks, hours of operation, and signage •Zoning District Allowance: The sale, production, and cultivation of cannabis and lower- potency hemp edible are identified as “uses permitted” or “uses by special permit” (special use permit) in certain zoning districts. Planning Commission Memorandum VIII-08 Cannabis and Lower-Potency Hemp Edibles Chart of Uses -2024 The chart below was included in the staff memo from the 2024 ordinance amendment for cannabis and lower-potency hemp edibles: Type of Cannabis Business C1 C2 C3 DC C4 I1 I2 Ag Lower potency edible retail beverages (with on-sale or off- sale liquor) P P P P P P Lower potency edible retail (that do not have on-sale or off-sale liquor) CUP CUP CUP Adult Use retail (not inc. micro, mezzo, medical combo) CUP CUP CUP Micro, Mezzo, Transporter, Testing, Medical Combo, Wholesale (with products) CUP CUP Manufacturer, Cannabis (brewery, distillery) CUP CUP CUP Wholesale (no products)CUP CUP Cultivator only (not micro or mezzo) (indoor or outdoor) CUP CUP CUP Proposed Amendment The amendment includes the following changes: •Cannabis and lower potency hemp edibles clarification. Requirements for “cannabis” and those for “low-potency hemp edibles”are better clarified. •No buffer for use of cannabis concentrate in manufacture of lower-potency hemp edibles. Clarifies that the use of cannabis concentrate (produced elsewhere) in the manufacture of low-potency hemp edibles is exempt from residential distance requirements. The buffer was established due to the odors generated through the conversion of cannabis leaves into VIII-08 a cannabis concentrate. The use of a cannabis concentrate in manufacturing low-potency hemp edibles does not generate the same impacts. •Retail sale of lower-potency hemp edibles permitted with liquor license. Added as a “use permitted” in the C-1, C-2, C-3, C-4, DC, and I-1 zoning districts. This amendment includes retail sale of lower-potency edible beverages AS WELL AS any lower-potency edible product (such as gummies). This is consistent with the staff memo and chart of uses from the 2024 cannabis ordinance amendment but for the inclusion of all lower-potency edible products. Attachment •Ordinance Amendment VIII-08 1 PLANNING COMMISSION DRAFT –NOVEMBER 10, 2025 ORDINANCE NO. 2025- AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA AMENDING HASTINGS CITY CODE CHAPTER 155 –ZONING CODE –LOWER-POTENCY HEMP EDIBLES The City Council of the City of Hastings, Minnesota does hereby ordain as follows: SECTION 1. AMEND.The Code of the City of Hastings, State of Minnesota, Chapter 155 -Zoning Code –is amended as follows. Language added is underlined and language removed is stricken. 155.07 Special Provisions J. Cannabis Uses and Lower-Potency Hemp Edible Uses 5. Performance Standards. All cannabis and lower-potency hemp edible businesses must comply with the following: b. No cannabis or lower-potency hemp edible use shall be allowed as port of any Adult Use Establishment business, as defined in City Code Chapter 114.21. c. Cannabis or lower-potency hemp edible uses cannot violate City Code Chapter 95 regarding public nuisances. d. Distance restrictions: Distances from a cannabis or lower-potency hemp edible use are measured from the storefront of a retail use and from the property line of all other cannabis or lower-potency hemp edible uses, and shall comply as provided below. (2) The location of the cannabis or lower-potency hemp edible use must be located: (a)More than five hundred feet (500’) from a school as measured from the property line of the school to the use; (b)More than five hundred feet (500’) from a residential treatment facility, as measured from the property line of the facility to the use; (c)More than five hundred feet (500’) from an attraction within a public park that is regularly used by minors, such as, but not limited to a playground, athletic field, athletic court, picnic area or restrooms, pavilion or park VIII-08 2 building, disc golf features, as each is measured from the location of the public park attraction to the use. However, such distance restriction shall not extend across Highway 61 or Highway 55 but shall terminate if it intersects with such highways. (d)All buildings used for manufacturing, production, testing, processing, or warehousing of cannabis must be setback a minimum of five hundred feet (500’) from a residential zoning district or residential use as measured from the property line of the cannabis use to the property line of the nearest residential zoning district or residential use. (3) Exceptions to distance restrictions: (e) Use of cannabis concentrate in the manufacturing of lower-potency hemp edibles. Use of cannabis plants to produce cannabis concentrate shall not be exempted from distance requirements. 155.29 C-2 Highway Auto Sales and Service B. Uses Permitted. 3. Lower-potency hemp edible retail with on-sale or off-sale liquor license. 155.30 C-3 Community Regional Commerce B. Uses Permitted. 8. Lower-potency hemp edible retail with on-sale or off-sale liquor license. 155.31 DC Downtown Core B. Uses Permitted. 8. Lower-potency hemp edible retail with on-sale or off-sale liquor license. 155.34 I-1 Industrial Park B. Uses Permitted. 7. Lower-potency hemp edible retail with on-sale or off-sale liquor license. SECTION 2. SUMMARY PUBLICATION.Pursuant to Minnesota Statutes 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. VIII-08 3 The text amendment adopted by the Hastings City Council on December 1, 2025 modifies the City Code related to lower-potency hemp edibles. SECTION 3. EFFECTIVE DATE.This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 1st day of December, 2025 _____________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk Summary Publication Published in the Hastings Journal on December 4,and December 11, 2025 VIII-08 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski, P.E. – Public Works Director Date: November 17, 2025 Item: Approve Change Order No. 1 for the Central Water Treatment Plant – Raw Watermain Project COUNCIL ACTION REQUESTED Council is requested to approve the attached change order for the Central Water Treatment Plant – Raw Watermain Project. BACKGROUND INFORMATION The Change Order identifies the cost savings to the City to change construction methods from open cut to directional drilling the raw watermain pipe for a portion along 7th Street W. This was done not only as a cost savings but also to reduce impacts and conflicts along a portion of the corridor. The contract time was not amended with this change order. FINANCIAL IMPACT The value of the work for Change Order No. 1 is a reduction in cost of $51,874.12. Below is a table summarizing the Change Orders. Central Water Treatment Plant – Raw Watermain Project Change Order Summary Change Order Date Item Estimated Value 1 11/17/2025 Change construction method from open cut to directional drilling for a portion of 7th Street W ($51,874.12) Net Total Increase/(Decrease) to date ($51,874.12) Original Contract Value $3,160,083.00 Change Orders as Percentage of Original Contract Value to date 1.6% STAFF RECOMMENDATION Staff recommends approval of the attached change order. VIII-09 VIII-09 11/10/2025 VIII-09 K:\024226-000\Admin\Construction Admin\Central WTP\Pay Apps\Pay App 2\Pay App 2 Cover Letter.docx 17 8 E 9 T H S T R E E T | SU I T E 2 0 0 | SA I N T P A U L , M N | 55 1 0 1 | 65 1 . 2 8 6 . 8 4 5 0 | WS B E N G . C O M October 31, 2025 Ryan Stempski Public Works Director City of Hastings, MN 1225 Progress Dr Hastings, MN 55033 Re: Application for Payment No. 2 Central Water Treatment Plant City of Hastings, MN WSB Project No. 024226-000 Dear Mr. Stempski: Please find attached Application for Payment No. 2 from Magney Construction, Inc. for the construction of the Central Water Treatment Plant. We reviewed this application and find it acceptable for payment. Therefore, we recommend making a payment of $150,441.40 to Magney Construction, Inc. If you are in agreement, please sign the application and process it for payment. Sincerely, WSB Jon Christensen jchristensen@wsbeng.com (612) 437-7967 cc: Steve Nelson, WSB VIII-10 To: From: Contract: Project: Owners Contract No. Engineer's Project No. Date of this Invoice: Invoice Work Period: 10/1/25-10/30/25 1) Original Contract amount $15,388,800.00 2) Change Orders to date $0.00 3) Revised Contract amount $15,388,800.00 4) Value completed to date $363,670.42 5) Materials stored on site $0.00 6) Total Earned to date $363,670.42 7) Amount retained $18,183.52 8) Amount previously paid $195,045.50 Amount due this Payment $150,441.40 Accompaning Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of work done under the Contract referred to above have been applied on account to discharge CONTRACTOR'S legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through 1 inclusive; (2) title of all work, materials and equipment incorporated in said Work otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interest or encumbrance (expect such as are recovered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance by the Contract Documents and not defective. Magney Construction, Inc. (Contractor) By: Project Manager Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Owner: Engineer: By: By: Date: Date: WSB Proj No 024226-000 10/31/2025 City of Hastings WSB Application for Payment No. 2 City of Hastings Magney Construction, Inc., 1401 Park Road, Chanhassen, MN 55317 Central Water Treatment Plant 10/31/2025 VIII-10 Scheduled Work Completed Materials Total % Balance Spec.Unit Value Previous This Presently Completed &Complete To Section Description of Work Units QTY Price (Extended)Application Application Stored Stored to Date Finish Bond & Insurance LS 1 123,300$ 123,300$ 123,300.00 0.00 0.00 123,300.00 100% 0.00 Supervision & General Conditions LS 1 447,068$ 447,068$ 14,996.86 21,288.95 0.00 36,285.81 8% 410,782.19 Mobilization LS 1 329,632$ 329,632$ 32,854.00 18,452.00 0.00 51,306.00 16% 278,326.00 Demolition LS 1 136,000$ 136,000$ 8,340.00 117,352.00 0.00 125,692.00 92% 10,308.00 Concrete LS 1 1,627,000$ 1,627,000$ 0.00 0.00 0.00 0.00 0% 1,627,000.00 Masonry LS 1 345,000$ 345,000$ 0.00 0.00 0.00 0.00 0% 345,000.00 Metals LS 1 360,000$ 360,000$ 0.00 0.00 0.00 0.00 0% 360,000.00 Wood, Plastics & Composites LS 1 64,000$ 64,000$ 0.00 0.00 0.00 0.00 0% 64,000.00 Thermal and Moistrue Protection LS 1 943,000$ 943,000$ 0.00 0.00 0.00 0.00 0% 943,000.00 Doors and Windows LS 1 236,000$ 236,000$ 0.00 0.00 0.00 0.00 0% 236,000.00 Finishes LS 1 452,000$ 452,000$ 0.00 0.00 0.00 0.00 0% 452,000.00 Specialties LS 1 47,000$ 47,000$ 0.00 0.00 0.00 0.00 0% 47,000.00 Furnishings LS 1 25,000$ 25,000$ 0.00 0.00 0.00 0.00 0% 25,000.00 Fire Protection LS 1 75,000$ 75,000$ 0.00 0.00 0.00 0.00 0% 75,000.00 Plumbing LS 1 556,000$ 556,000$ 0.00 0.00 0.00 0.00 0% 556,000.00 HVAC LS 1 368,000$ 368,000$ 0.00 0.00 0.00 0.00 0% 368,000.00 Electrical LS 1 1,738,000$ 1,738,000$ 0.00 0.00 0.00 0.00 0% 1,738,000.00 Security LS 1 66,000$ 66,000$ 0.00 0.00 0.00 0.00 0% 66,000.00 Earthwork LS 1 418,000$ 418,000$ 0.00 0.00 0.00 0.00 0% 418,000.00 Excavation - Rock CY 600 65$ 39,000$ 0.00 0.00 0.00 0.00 0% 39,000.00 Exterior Improvements LS 1 328,000$ 328,000$ 17,010.00 0.00 0.00 17,010.00 5% 310,990.00 Utilities LS 1 1,170,000$ 1,170,000$ 0.00 0.00 0.00 0.00 0% 1,170,000.00 Process Interconnections LS 1 1,533,000$ 1,533,000$ 0.00 0.00 0.00 0.00 0% 1,533,000.00 Process Handling LS 1 38,000$ 38,000$ 0.00 0.00 0.00 0.00 0% 38,000.00 Waste & Water Equipment LS 1 3,095,000$ 3,095,000$ 0.00 0.00 0.00 0.00 0% 3,095,000.00 14,559,000$ Construction Allowance LS 1 300,000$ 300,000$ 8,810.19 1,266.42 0.00 10,076.61 3% 289,923.39 SCADA Allowance LS 1 150,000$ 150,000$ 0.00 0.00 0.00 0% 150,000.00 City Permit Fees Allowance LS 1 100,000$ 100,000$ 0.00 0.00 0.00 0%100,000.00 550,000$ Bid Alternate 1 - Phosphate Feed LS 1 28,000$ 28,000$ 0.00 0.00 0.00 0% 28,000.00 Bid Alternate 2 - Haul & Dispose Contaminated Soil CY 400 67$ 26,800$ 0.00 0.00 0.00 0% 26,800.00 Bid Alternate 3 - Existing IX WTP Architectural LS 1 65,000$ 65,000$ 0.00 0.00 0.00 0% 65,000.00 Bid Alternate 4 - Pedestrian Fill Station LS 1 160,000$ 160,000$ 0.00 0.00 0.00 0% 160,000.00 279,800.00$ 0.00 0.00 0.00 0% 279,800.00 -$ 0.00 0.00 0.00 0% 0.00 Totals 15,388,800.00 205,311.05 158,359.37 0.00 363,670.42 2%15,304,929.58 Original Contract amount 15,388,800.00 Change Orders to date 0.00 Revised Contract amount 15,388,800.00 Value completed to date 363,670.42 Materials stored on site 0.00 Total Earned to date 363,670.42 Amount retained 18,183.52 Amount previously paid 195,045.50 Amount due this Payment 150,441.40 VIII-10 City Council Memorandum To:Mayor Fasbender & City Councilmembers From:Dan Wietecha, City Administrator Date:November 17,2025 Item:2026 Budget Pre-approval of Select Items Council Actions Requested: Authorization to begin process for several 2026 budget items. Background Information: Regarding the 2026 budget plan, there are several items included in the proposed budget that have early and short windows for ordering or long lead times for delivery.Both of these recommended vehicles are part of our phasing into a 5-year rotation for fleet vehicles. Fire Dept. –Fleet Vehicle -$85,000: The 2026 proposed budget includes replacement of a 2019 Chevy Tahoe with buildout. The order window was in September; however, they still have some available. If we order this vehicle now, we can take delivery and build in 2026. If wait until January, delivery would not be until 2027. Fire Dept. –Fleet Vehicle –$70,000: The 2026 proposed budget includes replacement of a 2000 Ford F250 pickup truck with plow and lighting. The order window was in September; however, they still have some available. If we order this vehicle now, we can take delivery and build in 2026. If wait until January, delivery would not be until 2027. Financial Impact: Estimated $155,000.No funds are expected to be necessary in 2025. If any of these items require payment in 2025, we presently have cash on-hand that could cover the total cost, so the requested pre-approval can be independent of the property tax levy. Committee Discussion: The potential for pre-approvals was noted at the City Council’s September 2 budget workshop; however, specific items were not discussed. Attachments: N/A VIII-11 City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov City Council Memorandum To: Mayor Fasbender & City Council Members From:John Townsend, Fire Chief Date:November 17,2025 Item:Agreement with Stryker for ProCare Service Contract Council Action Requested: Approve agreements with Stryker for ProCare service contract. Background Information: These agreements will cover all maintenance, including replacement for the 3 ambulance cots, and power loads for the cots. Our current equipment is aging and no longer under warranty. The repairs and maintenance could include more than $30,000 for a cot replacement. This service program was proposed to start in the 2026 budget. We currently have a repair that would cost $8,000 and would be included in the program with the signed agreement.Although an unexpectedly sooner cost, this will save money in the long run. Financial Impact: $12,269 cost is unbudgeted for 2025; however, $8,600 is available in EMS repairs and vehicle maintenance budget to offset this. Advisory Commission Discussion:N/A Council Committee Discussion:None Attachments:3-year agreement for 2 Cots and power loads 1-year agreement for 1 Cot and power load (this unit to be replaced in 2027) VIII-12 Quote Summary Delivery Address Bill To Account Name:CITY OF HASTINGS FIRE AND AMB Name:CITY OF HASTINGS FIRE AND AMB Account #:20027621 Account #:20027621 Address:115 W 5TH ST Address:115 W 5TH ST HASTINGS HASTINGS Minnesota 55033-1815 Minnesota 55033-1815 ProCare Products: #Product Description Months Qty Sell Price Total 1.0 POWERLOAD-PROCARE PROCARE-SVC-POWER-LOAD √ Parts, Labor, Travel √ Preventative Maintenance √ Batteries Service 36 2 $7,344.00 $14,688.00 2.0 POWERPRO-PROCARE PROCARE-SVC-POWERPRO √ Parts, Labor, Travel √ Preventative Maintenance √ Batteries Service 36 2 $5,025.00 $10,050.00 ProCare Annual Payment:$8,246.00 Price Totals: Grand Total:$24,738.00 Comments/Terms/Signatures __________________________________________________ Authorized Customer Signer (Printed) Date __________________________________________________ Stryker Authorized Signature (Printed) Date 3 Year Prevent Quote Number:11212069 Version:1 Prepared For:CITY OF HASTINGS FIRE AND AMB Rep:Ryan LaMarre Attn: Email: Phone Number: GPO:EMS Quote Date:11/11/2025 Expiration Date:12/11/2025 Contract Start: Contract End: 12/15/2025 12/14/2028 1 This is not an Invoice VIII-12 __________________________________________________ Authorized Customer Signature Date __________________________________________________ Purchase Order Number __________________________________________________ Stryker Authorized Signature Date Service Terms and Conditions:The Terms and Conditions outlined in this quote, as well as any resulting Customer purchase order, are governed by the Terms and Conditions specified in the Terms Addendum to ProCare Medical Quote attached hereto. However, these Terms and Conditions do not apply if the Customer and Stryker are bound by a Master Service Agreement or by a separate written agreement that governs the purchase or sale of goods and/or services. 3 Year Prevent Quote Number:11212069 Version:1 Prepared For:CITY OF HASTINGS FIRE AND AMB Rep:Ryan LaMarre Attn: Email: Phone Number: GPO:EMS Quote Date:11/11/2025 Expiration Date:12/11/2025 Contract Start: Contract End: 12/15/2025 12/14/2028 2 This is not an Invoice VIII-12 Starting Balance:$24,738.00 Date Payment Balance12/15/2025 $8,246.00 $16,492.0012/15/2026 $8,246.00 $8,246.0012/15/2027 $8,246.00 $ - Payment Schedule 3 VIII-12 Equipment Service Plan Line Item # Model ProCare Materials Serial # 1.0 639005550001 PROCARE-SVC-POWER-LOAD 1901012400575 1.0 639005550001 PROCARE-SVC-POWER-LOAD 2209012400327 2.0 6506000000 PROCARE-SVC-POWERPRO 2005003500199 2.0 6506000000 PROCARE-SVC-POWERPRO 1901003500565 4 VIII-12 ProCare Services Our ProActive approach Your service details are: With ProCare Services, we offer you operational and financial peace of mind through three comprehensive offerings: ProCare Preventive Maintenance, ProCare Protect and ProCare Prevent. You will have confidence in your device’s state of readiness along with these additional benefits of your service plan. Our most inclusive service offering. All parts, labor and travel associated for repairs of contracted products are included in the cost of the service agreement. This does not include replacement of soft goods or accessories (i.e. mattresses, restraints, removable parts) and is not available for AEDs. Stryker Medical products past their service life, with this entitlement, will receive one maintenance inspection annually for the duration of the service agreement. This does not include any repair work or any work that is part of the PM process. Additional inspections are available for purchase. Contracted products receive an annual PM for the length of the service agreement. PM-only agreements do not cover any necessary repairs identified through the PM process. For details on preventive maintenance, refer to applicable product sheet. Preventive maintenance can also be done as individual billable work. • Additional Preventive Maintenance: Contracted products on a PM-only contract can receive an additional PM at the 6-month mark for the length of the service agreement. 3800 E. Centre Avenue Portage, MI 49002 USA stryker.com ® Stryker defibrillators, AEDs and LUCAS® products with this entitlement are allowed an agreed upon and documented number of case changes, upon failure, during the length of the service agreement. This is a premium, fully customizable service based on your installed assets. This white-glove experience is designed to complete large scale PM projects in a short amount of time, typically within a week. Services include PM’s, product unboxing and set up, power washing, all repair work as well as other customer or field initiatives. Stryker Medical products with this entitlement can have the batteries replaced, as a one-for-one swap, upon failure, during the length of the service agreement. Parts, labor and travel (PLT) Preventive Maintenance (PM) Case Change Special Ops Maintenance inspections Battery service Stryker or its affiliated entities own, use, or have applied for the following trademarks or service marks: LUCAS, ProCare, Stryker. All other trademarks are trademarks of their respective owners or holders. The absence of a product, feature, or service name, or logo from thislist does not constitute a waiver of Stryker’s trademark or other intellectual property rights concerning that name or logo. 08/2025 E C-GSNPS-BROC-2126150_REV-0_en_us Copyright © 2025 Stryker VIII-12 Addendum to Medical ProCare Quote (Rev.7.7.25) ADDENDUM TO PROCARE MEDICAL QUOTE This Addendum (“Addendum”) is entered into by and between the facility listed on the Quote (“Customer”) and Stryker Sales, LLC, acting through its Medical Division (“Stryker”)and modifies the ProCare Medical Quote (“Quote”). The terms of this Addendum will apply to Customer’s purchase of Services as outlined in the Quote for Service. In the event of a conflict or inconsistency between the Quote and this Addendum, relative to Service, this Addendum will govern. 1.Effective Date and Term.The term of this Addendum shall be coterminous with the Quote (“Term”). 2.Service. Stryker will perform the repair and maintenance services as described in the Quote (collectively, the “Services”) to the Equipment set forth on the Quote (“Equipment”). 3.Service Terms and Conditions. Services will be subject to the terms and conditions set forth in this Addendum. 4.Product Maintenance. Customer is required to adhere to the routine maintenance instructions provided by Stryker, its equipment and operations manuals, and accompanying labels and/or inserts for each item of Equipment. Customer covenants and agrees that its appropriate user personnel will follow the instructions and contents of those manuals, labels and inserts. 5.Warranty and Limitations of Warranty. During the Term, Stryker warrants, with the exception of software maintenance services, the following: a.Stryker has the experience, capability and resources to perform the Services, and Stryker further represents and warrants that the Services will be performed in a workmanlike manner and with professional diligence and skill; b.Services will comply with all applicable laws and regulations and all applicable standards set forth by law or ordinance or established by the rules and regulations of any federal, state or local agency, department, commission, association or pertinent governing, accrediting or advisory body, including The Joint Commission having authority to set standards for healthcare facilities; c.If the Services are to be performed on Customer’s premises, Stryker represents and warrants that Stryker will comply with all applicable safety laws and Customer’s then current safety and other applicable regulations, all human resource policies and health and drug and alcohol screening policies; provided that Customer has provided advance written notification of such rules, regulations and policies to Stryker; d.Stryker currently has, or prior to the commencement thereof, will obtain, pay for, and maintain any and all licenses, fees, and qualifications required to perform the Services. e.TO THE FULLEST EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES APPLICABLE TO THE SERVICES AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY STRYKER, AND STRYKER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. 6.Limitation of Liability. EXCEPT FOR THIRD PARTY DAMAGES RELATED TO STRYKER’S INDEMNITY OBLIGATIONS UNDER THE SECTION HEREOF ENTITLED “INDEMNIFICATION,” STRYKER’S LIABILITY ARISING UNDER THIS ADDENDUM WILL NOT EXCEED THE AMOUNT OF SERVICE FEES PAID UNDER THIS ADDENDUM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. IN NO INSTANCE WILL STRYKER BE LIABLE TO CUSTOMER FOR INCIDENTAL, PUNITIVE, SPECIAL, COVER, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES OR ATTORNEYS’ FEES OR COSTS FOR ANY ACTIONS UNDER OR RELATED TO THIS AGREEMENT. 7.Customer Obligations.Customer will use commercially reasonable efforts to cooperate with Stryker in connection with Stryker’s performance of the Services. Customer understands and acknowledges that Stryker employees will not provide surgical or medical advice, will not practice surgery or medicine, will not come in physical contact with the patient, will not enter the “sterile field” at any time, and will not direct equipment or instruments that come in contact with the patient during surgery. Customer’s personnel will refrain from requesting Stryker employees to take any actions in violation of these requirements or in violation of applicable laws, rules or regulations, Customer policies, or the patient’s informed consent. A refusal by Stryker employees to engage in such activities will not be a breach of this Addendum. Customer consents to the presence of Stryker employees in its operating rooms, where applicable, in order for Stryker to provide Services under Addendum and represents that it will obtain all necessary consents from patients. 8.Limitations and Exclusions from Service. Notwithstanding any other provision set forth herein, the Services not covered under this Addendum as determined by Stryker in its sole discretion are as follows: (a) abnormal wear or damage caused by reckless or intentional misconduct, abuse, neglect or failure to perform normal and routine maintenance as set out in the applicable maintenance manual or operating instructions provided with the Equipment; (b) catastrophe, fire, flood or act(s) of God; (c) damage resulting from faulty maintenance, improper storage, repair, handling or improper use (including use of non-Stryker accessories or consumables), damage and/or alteration by non-Stryker-authorized personnel; (d) equipment on which any original serial numbers or other identification marks have been removed or destroyed; (e) damage caused as a result of the use of the Equipment beyond the useful life, if any, specified for such equipment in the user manual; (f) service Stryker cannot perform because the Equipment has been discontinued or its parts have been discontinued or made obsolete; (g) service to the Equipment if the Equipment or the Equipment site is contaminated with potentially infectious and/ or biohazardous substances; (h) Equipment that has been repaired or used with any unauthorized or non-Stryker components or by an unauthorized or non-Stryker third party; or (i) any Services provided by the Stryker Medical division do not include batteries (unless stated in Stryker's quote), mattresses, disposable items, IV poles or rust or corrosion damage; Customer agrees to provide personal protective equipment (“PPE”) to OnSite/Clinical Specialists. Notwithstanding anything else in this Addendum in the event Customer fails to provide appropriate industry-standard PPE to all OnSite Specialists, as determined in Stryker’s sole discretion, then Stryker may immediately, in its sole discretion: (i) suspend the OnSite Specialist Coverage until Customer provides such PPE; or (ii) terminate the applicable Service. 9.Indemnification. Stryker shall indemnify Customer from any third party liability and/or damages which Customer suffers directly as a result of the gross negligence or willful misconduct of Stryker or its employees or agents in the course of providing Services. The foregoing indemnification will not apply to any liability arising solely from: (i) an injury or damage due to the negligence of any person other than Stryker’s employee or agent; (ii) the failure of any person other than Stryker’s employee or agent to follow any instructions outlined in the labeling, manual, and/or VIII-12 Addendum to Medical ProCare Quote (Rev.7.7.25) instructions for use of the Equipment; (iii) the use of any equipment or part not purchased from Stryker or any equipment or any part thereof that has been modified, altered or repaired by any person other than Stryker’s employee or agent; or (iv) any actions taken or omissions made by any Stryker employee while under the direction or control of Customer’s staff. Customer agrees to hold Stryker harmless from and indemnify Stryker for any claims or losses or injuries arising from (i)-(iv) above resulting from Customer’s or its employees’ or agents’ actions. 10.Insurance. Stryker shall maintain the following insurance coverage during the Term: (i) commercial general liability insurance, including coverage for products and completed operations liability, with limits of $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate applying to Stryker’s liability for bodily injury, personal injury, and property damage; (ii) automobile liability insurance with a combined single limit of $1,000,000.00 each accident covering Stryker’s use of owned, hired, and non-owned vehicles; and (iii) worker’s compensation insurance as required by applicable law subject to statutory limits and employer’s liability insurance with limits of $1,000,000.00 each accident and/or $1,000,000.00 each employee and policy limit for disease covering Stryker’s employees. At Customer’s written request, certificates of insurance shall be provided by Stryker prior to commencement of the Services at any premises owned or operated by Customer. Notwithstanding any other requirements within this Addendum to the contrary, to the extent allowed by applicable law or regulation, Stryker shall be permitted to meet the above insurance requirements through a program of self-insurance. 11.Confidentiality. Stryker and Customer: (i) shall hold in confidence this Addendum and any information and materials which are related to the business of the other or are designated as proprietary or confidential, herein or otherwise, or which a reasonable person would consider to be proprietary or confidential information; and (ii) hereby covenant that they shall not disclose such information to any third party without prior written authorization of the one to whom such information relates. The rights and remedies available to a Party hereunder shall not limit or preclude any other available equitable or legal remedies. 12.Non-Solicitation and Non-Hire. Customer agrees that, during the Term and for a period of one (1) year following Service, it will not solicit any employees of Stryker to terminate their employment with Stryker, unless Stryker consents in writing. 13.Background Check. Stryker warrants that all of its employees who will be on a Customer’s premises to perform Services will have undergone a criminal background check as part of Stryker’s hiring practice. The background check consists of the following: a.Education verification, which includes a review of employee’s submitted educational institutions to ensure proper accreditation; b.Employment history verification; c.SSN trace, including address history verification; d.OFAC Watch List search, including a search of global terrorist and national drug trafficker lists; e.FDA Debarment and Disqualified/Restricted List search; f.OIG/HHS Exclusion List check; g.EPLS/GSA Exclusion List check; h.Criminal history search, including a National Criminal Database (NCD) search and a national sex offender registry search and a search of all jurisdictions where the employee has lived or worked during the last seven years; and i.Motor vehicle check During the Term, a Customer may request a meeting with Stryker to review the performance, behavior or expectations of Stryker service personnel who are assigned to provide service at Customer’s facility. Any Stryker service personnel who willingly and knowingly violate Customer’s rules, regulations, procedures, or policies may be removed from Customer’s facility at Customer’s option and will be replaced by Stryker promptly. 14.Independent Contractor. The relationship between the Parties is that of independent contractors. It is mutually agreed that Stryker is at all times acting and performing as an independent contractor with respect to Customer, and nothing is intended nor shall be construed to create an employer/employee relationship between Stryker and Customer. It is agreed that any person employed by Stryker to perform hereunder shall not be deemed to be an employee of Customer, and Stryker and Stryker’s employees, agents or representatives shall not be, or represent themselves to be, officers, employees, agents or representatives of Customer. 15.Miscellaneous. No Party shall be liable for failure of or delay in performing obligations set forth in this Addendum, and no Party shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters or any causes reasonably beyond the control of such Party. This Addendum shall be governed by and construed in accordance with the laws of the State of Michigan and the Parties consent and agree that any and all litigation arising from this Addendum will be conducted by state or federal courts located in the State of Michigan. This Addendum shall inure to the benefit of, and be binding upon, Customer and Stryker and their respective successors and assigns. Neither Party may assign any of its rights or obligations under this Agreement without the prior written consent of the other Party. Any purported assignment in violation of the preceding sentence will be void. This Agreement constitutes the entire agreement between the Parties concerning the subject matter of this Agreement and supersedes all prior negotiations and agreements between the Parties concerning the subject matter of this Addendum. In the event of an inconsistency or conflict between this Addendum and any purchase order, invoice, or similar document, this Addendum will control. The sections entitled Warranty and Limitation of Warranties, Indemnification, Limitation of Liability, Confidentiality and Miscellaneous of this Addendum shall survive its termination or expiration. ************************************************************************************************************************ VIII-12 PURCHASE ORDER FORM Does the Customer require a PO# on invoices for payment?No Yes If yes, do not use this form. Check box confirming BILL TO and SHIP TO on quote is accurate. Customer # - 20027621 Company Name CITY OF HASTINGS FIRE AND AMB Contact or Dept Phone Email Stryker Quote # Grand Total Amount 11212069 $24,738.00 Authorized Customer: Printed Name: _____________________________________ Title: _____________________________________ Signature: _____________________________________ Date: _____________________________________ Check box if anything attached *Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goodsand services on the Stryker Quote.* *Service Terms and Conditions: The Terms and Conditions outlined in this quote, as well as any resulting Customer purchase order, are governed by the Terms and Conditions specified in the Terms Addendum to ProCare Medical Quote attached hereto. However, these Terms and Conditions do not apply if the Customer and Stryker are bound by a Master Service Agreement or by a separate written agreement that governs the purchase or sale of goods and/or services 8 VIII-12 Quote Summary Delivery Address Bill To Account Name:CITY OF HASTINGS FIRE AND AMB Name:CITY OF HASTINGS FIRE AND AMB Account #:20027621 Account #:20027621 Address:115 W 5TH ST Address:115 W 5TH ST HASTINGS HASTINGS Minnesota 55033-1815 Minnesota 55033-1815 ProCare Products: #Product Description Months Qty Sell Price Total 1.0 POWERLOAD-PROCARE PROCARE-SVC-POWER-LOAD √ Parts, Labor, Travel √ Preventative Maintenance √ Batteries Service 12 1 $2,448.00 $2,448.00 2.0 POWERPRO-PROCARE PROCARE-SVC-POWERPRO √ Parts, Labor, Travel √ Preventative Maintenance √ Batteries Service 12 1 $1,675.00 $1,675.00 ProCare Total:$4,123.00 Price Totals: Grand Total:$4,123.00 Comments/Terms/Signatures __________________________________________________ Authorized Customer Signer (Printed) Date __________________________________________________ Stryker Authorized Signature (Printed) Date 1 Year Prevent Quote Number:11212257 Version:1 Prepared For:CITY OF HASTINGS FIRE AND AMB Rep:Ryan LaMarre Attn: Email: Phone Number: GPO:EMS Quote Date:11/12/2025 Expiration Date:12/11/2025 Contract Start: Contract End: 12/15/2025 12/14/2026 1 This is not an Invoice VIII-12 __________________________________________________ Authorized Customer Signature Date __________________________________________________ Purchase Order Number __________________________________________________ Stryker Authorized Signature Date Service Terms and Conditions:The Terms and Conditions outlined in this quote, as well as any resulting Customer purchase order, are governed by the Terms and Conditions specified in the Terms Addendum to ProCare Medical Quote attached hereto. However, these Terms and Conditions do not apply if the Customer and Stryker are bound by a Master Service Agreement or by a separate written agreement that governs the purchase or sale of goods and/or services. 1 Year Prevent Quote Number:11212257 Version:1 Prepared For:CITY OF HASTINGS FIRE AND AMB Rep:Ryan LaMarre Attn: Email: Phone Number: GPO:EMS Quote Date:11/12/2025 Expiration Date:12/11/2025 Contract Start: Contract End: 12/15/2025 12/14/2026 2 This is not an Invoice VIII-12 Equipment Service Plan Line Item # Model ProCare Materials Serial # 1.0 639005550001 PROCARE-SVC-POWER-LOAD 2003012400352 2.0 6506000000 PROCARE-SVC-POWERPRO 180541163 3 VIII-12 ProCare Services Our ProActive approach Your service details are: With ProCare Services, we offer you operational and financial peace of mind through three comprehensive offerings: ProCare Preventive Maintenance, ProCare Protect and ProCare Prevent. You will have confidence in your device’s state of readiness along with these additional benefits of your service plan. Our most inclusive service offering. All parts, labor and travel associated for repairs of contracted products are included in the cost of the service agreement. This does not include replacement of soft goods or accessories (i.e. mattresses, restraints, removable parts) and is not available for AEDs. Stryker Medical products past their service life, with this entitlement, will receive one maintenance inspection annually for the duration of the service agreement. This does not include any repair work or any work that is part of the PM process. Additional inspections are available for purchase. Contracted products receive an annual PM for the length of the service agreement. PM-only agreements do not cover any necessary repairs identified through the PM process. For details on preventive maintenance, refer to applicable product sheet. Preventive maintenance can also be done as individual billable work. • Additional Preventive Maintenance: Contracted products on a PM-only contract can receive an additional PM at the 6-month mark for the length of the service agreement. 3800 E. Centre Avenue Portage, MI 49002 USA stryker.com ® Stryker defibrillators, AEDs and LUCAS® products with this entitlement are allowed an agreed upon and documented number of case changes, upon failure, during the length of the service agreement. This is a premium, fully customizable service based on your installed assets. This white-glove experience is designed to complete large scale PM projects in a short amount of time, typically within a week. Services include PM’s, product unboxing and set up, power washing, all repair work as well as other customer or field initiatives. Stryker Medical products with this entitlement can have the batteries replaced, as a one-for-one swap, upon failure, during the length of the service agreement. Parts, labor and travel (PLT) Preventive Maintenance (PM) Case Change Special Ops Maintenance inspections Battery service Stryker or its affiliated entities own, use, or have applied for the following trademarks or service marks: LUCAS, ProCare, Stryker. All other trademarks are trademarks of their respective owners or holders. The absence of a product, feature, or service name, or logo from thislist does not constitute a waiver of Stryker’s trademark or other intellectual property rights concerning that name or logo. 08/2025 E C-GSNPS-BROC-2126150_REV-0_en_us Copyright © 2025 Stryker VIII-12 Addendum to Medical ProCare Quote (Rev.7.7.25) ADDENDUM TO PROCARE MEDICAL QUOTE This Addendum (“Addendum”) is entered into by and between the facility listed on the Quote (“Customer”) and Stryker Sales, LLC, acting through its Medical Division (“Stryker”)and modifies the ProCare Medical Quote (“Quote”). The terms of this Addendum will apply to Customer’s purchase of Services as outlined in the Quote for Service. In the event of a conflict or inconsistency between the Quote and this Addendum, relative to Service, this Addendum will govern. 1.Effective Date and Term.The term of this Addendum shall be coterminous with the Quote (“Term”). 2.Service. Stryker will perform the repair and maintenance services as described in the Quote (collectively, the “Services”) to the Equipment set forth on the Quote (“Equipment”). 3.Service Terms and Conditions. Services will be subject to the terms and conditions set forth in this Addendum. 4.Product Maintenance. Customer is required to adhere to the routine maintenance instructions provided by Stryker, its equipment and operations manuals, and accompanying labels and/or inserts for each item of Equipment. Customer covenants and agrees that its appropriate user personnel will follow the instructions and contents of those manuals, labels and inserts. 5.Warranty and Limitations of Warranty. During the Term, Stryker warrants, with the exception of software maintenance services, the following: a.Stryker has the experience, capability and resources to perform the Services, and Stryker further represents and warrants that the Services will be performed in a workmanlike manner and with professional diligence and skill; b.Services will comply with all applicable laws and regulations and all applicable standards set forth by law or ordinance or established by the rules and regulations of any federal, state or local agency, department, commission, association or pertinent governing, accrediting or advisory body, including The Joint Commission having authority to set standards for healthcare facilities; c.If the Services are to be performed on Customer’s premises, Stryker represents and warrants that Stryker will comply with all applicable safety laws and Customer’s then current safety and other applicable regulations, all human resource policies and health and drug and alcohol screening policies; provided that Customer has provided advance written notification of such rules, regulations and policies to Stryker; d.Stryker currently has, or prior to the commencement thereof, will obtain, pay for, and maintain any and all licenses, fees, and qualifications required to perform the Services. e.TO THE FULLEST EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES APPLICABLE TO THE SERVICES AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY STRYKER, AND STRYKER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. 6.Limitation of Liability. EXCEPT FOR THIRD PARTY DAMAGES RELATED TO STRYKER’S INDEMNITY OBLIGATIONS UNDER THE SECTION HEREOF ENTITLED “INDEMNIFICATION,” STRYKER’S LIABILITY ARISING UNDER THIS ADDENDUM WILL NOT EXCEED THE AMOUNT OF SERVICE FEES PAID UNDER THIS ADDENDUM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. IN NO INSTANCE WILL STRYKER BE LIABLE TO CUSTOMER FOR INCIDENTAL, PUNITIVE, SPECIAL, COVER, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES OR ATTORNEYS’ FEES OR COSTS FOR ANY ACTIONS UNDER OR RELATED TO THIS AGREEMENT. 7.Customer Obligations.Customer will use commercially reasonable efforts to cooperate with Stryker in connection with Stryker’s performance of the Services. Customer understands and acknowledges that Stryker employees will not provide surgical or medical advice, will not practice surgery or medicine, will not come in physical contact with the patient, will not enter the “sterile field” at any time, and will not direct equipment or instruments that come in contact with the patient during surgery. Customer’s personnel will refrain from requesting Stryker employees to take any actions in violation of these requirements or in violation of applicable laws, rules or regulations, Customer policies, or the patient’s informed consent. A refusal by Stryker employees to engage in such activities will not be a breach of this Addendum. Customer consents to the presence of Stryker employees in its operating rooms, where applicable, in order for Stryker to provide Services under Addendum and represents that it will obtain all necessary consents from patients. 8.Limitations and Exclusions from Service. Notwithstanding any other provision set forth herein, the Services not covered under this Addendum as determined by Stryker in its sole discretion are as follows: (a) abnormal wear or damage caused by reckless or intentional misconduct, abuse, neglect or failure to perform normal and routine maintenance as set out in the applicable maintenance manual or operating instructions provided with the Equipment; (b) catastrophe, fire, flood or act(s) of God; (c) damage resulting from faulty maintenance, improper storage, repair, handling or improper use (including use of non-Stryker accessories or consumables), damage and/or alteration by non-Stryker-authorized personnel; (d) equipment on which any original serial numbers or other identification marks have been removed or destroyed; (e) damage caused as a result of the use of the Equipment beyond the useful life, if any, specified for such equipment in the user manual; (f) service Stryker cannot perform because the Equipment has been discontinued or its parts have been discontinued or made obsolete; (g) service to the Equipment if the Equipment or the Equipment site is contaminated with potentially infectious and/ or biohazardous substances; (h) Equipment that has been repaired or used with any unauthorized or non-Stryker components or by an unauthorized or non-Stryker third party; or (i) any Services provided by the Stryker Medical division do not include batteries (unless stated in Stryker's quote), mattresses, disposable items, IV poles or rust or corrosion damage; Customer agrees to provide personal protective equipment (“PPE”) to OnSite/Clinical Specialists. Notwithstanding anything else in this Addendum in the event Customer fails to provide appropriate industry-standard PPE to all OnSite Specialists, as determined in Stryker’s sole discretion, then Stryker may immediately, in its sole discretion: (i) suspend the OnSite Specialist Coverage until Customer provides such PPE; or (ii) terminate the applicable Service. 9.Indemnification. Stryker shall indemnify Customer from any third party liability and/or damages which Customer suffers directly as a result of the gross negligence or willful misconduct of Stryker or its employees or agents in the course of providing Services. The foregoing indemnification will not apply to any liability arising solely from: (i) an injury or damage due to the negligence of any person other than Stryker’s employee or agent; (ii) the failure of any person other than Stryker’s employee or agent to follow any instructions outlined in the labeling, manual, and/or VIII-12 Addendum to Medical ProCare Quote (Rev.7.7.25) instructions for use of the Equipment; (iii) the use of any equipment or part not purchased from Stryker or any equipment or any part thereof that has been modified, altered or repaired by any person other than Stryker’s employee or agent; or (iv) any actions taken or omissions made by any Stryker employee while under the direction or control of Customer’s staff. Customer agrees to hold Stryker harmless from and indemnify Stryker for any claims or losses or injuries arising from (i)-(iv) above resulting from Customer’s or its employees’ or agents’ actions. 10.Insurance. Stryker shall maintain the following insurance coverage during the Term: (i) commercial general liability insurance, including coverage for products and completed operations liability, with limits of $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate applying to Stryker’s liability for bodily injury, personal injury, and property damage; (ii) automobile liability insurance with a combined single limit of $1,000,000.00 each accident covering Stryker’s use of owned, hired, and non-owned vehicles; and (iii) worker’s compensation insurance as required by applicable law subject to statutory limits and employer’s liability insurance with limits of $1,000,000.00 each accident and/or $1,000,000.00 each employee and policy limit for disease covering Stryker’s employees. At Customer’s written request, certificates of insurance shall be provided by Stryker prior to commencement of the Services at any premises owned or operated by Customer. Notwithstanding any other requirements within this Addendum to the contrary, to the extent allowed by applicable law or regulation, Stryker shall be permitted to meet the above insurance requirements through a program of self-insurance. 11.Confidentiality. Stryker and Customer: (i) shall hold in confidence this Addendum and any information and materials which are related to the business of the other or are designated as proprietary or confidential, herein or otherwise, or which a reasonable person would consider to be proprietary or confidential information; and (ii) hereby covenant that they shall not disclose such information to any third party without prior written authorization of the one to whom such information relates. The rights and remedies available to a Party hereunder shall not limit or preclude any other available equitable or legal remedies. 12.Non-Solicitation and Non-Hire. Customer agrees that, during the Term and for a period of one (1) year following Service, it will not solicit any employees of Stryker to terminate their employment with Stryker, unless Stryker consents in writing. 13.Background Check. Stryker warrants that all of its employees who will be on a Customer’s premises to perform Services will have undergone a criminal background check as part of Stryker’s hiring practice. The background check consists of the following: a.Education verification, which includes a review of employee’s submitted educational institutions to ensure proper accreditation; b.Employment history verification; c.SSN trace, including address history verification; d.OFAC Watch List search, including a search of global terrorist and national drug trafficker lists; e.FDA Debarment and Disqualified/Restricted List search; f.OIG/HHS Exclusion List check; g.EPLS/GSA Exclusion List check; h.Criminal history search, including a National Criminal Database (NCD) search and a national sex offender registry search and a search of all jurisdictions where the employee has lived or worked during the last seven years; and i.Motor vehicle check During the Term, a Customer may request a meeting with Stryker to review the performance, behavior or expectations of Stryker service personnel who are assigned to provide service at Customer’s facility. Any Stryker service personnel who willingly and knowingly violate Customer’s rules, regulations, procedures, or policies may be removed from Customer’s facility at Customer’s option and will be replaced by Stryker promptly. 14.Independent Contractor. The relationship between the Parties is that of independent contractors. It is mutually agreed that Stryker is at all times acting and performing as an independent contractor with respect to Customer, and nothing is intended nor shall be construed to create an employer/employee relationship between Stryker and Customer. It is agreed that any person employed by Stryker to perform hereunder shall not be deemed to be an employee of Customer, and Stryker and Stryker’s employees, agents or representatives shall not be, or represent themselves to be, officers, employees, agents or representatives of Customer. 15.Miscellaneous. No Party shall be liable for failure of or delay in performing obligations set forth in this Addendum, and no Party shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters or any causes reasonably beyond the control of such Party. This Addendum shall be governed by and construed in accordance with the laws of the State of Michigan and the Parties consent and agree that any and all litigation arising from this Addendum will be conducted by state or federal courts located in the State of Michigan. This Addendum shall inure to the benefit of, and be binding upon, Customer and Stryker and their respective successors and assigns. Neither Party may assign any of its rights or obligations under this Agreement without the prior written consent of the other Party. Any purported assignment in violation of the preceding sentence will be void. This Agreement constitutes the entire agreement between the Parties concerning the subject matter of this Agreement and supersedes all prior negotiations and agreements between the Parties concerning the subject matter of this Addendum. In the event of an inconsistency or conflict between this Addendum and any purchase order, invoice, or similar document, this Addendum will control. The sections entitled Warranty and Limitation of Warranties, Indemnification, Limitation of Liability, Confidentiality and Miscellaneous of this Addendum shall survive its termination or expiration. ************************************************************************************************************************ VIII-12 PURCHASE ORDER FORM Does the Customer require a PO# on invoices for payment?No Yes If yes, do not use this form. Check box confirming BILL TO and SHIP TO on quote is accurate. Customer # - 20027621 Company Name CITY OF HASTINGS FIRE AND AMB Contact or Dept Phone Email Stryker Quote # Grand Total Amount 11212257 $4,123.00 Authorized Customer: Printed Name: _____________________________________ Title: _____________________________________ Signature: _____________________________________ Date: _____________________________________ Check box if anything attached *Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goodsand services on the Stryker Quote.* *Service Terms and Conditions: The Terms and Conditions outlined in this quote, as well as any resulting Customer purchase order, are governed by the Terms and Conditions specified in the Terms Addendum to ProCare Medical Quote attached hereto. However, these Terms and Conditions do not apply if the Customer and Stryker are bound by a Master Service Agreement or by a separate written agreement that governs the purchase or sale of goods and/or services 7 VIII-12 City Council Memorandum To:Mayor Fasbender & City Councilmembers From:Chris Jenkins, Parks & Recreation Director Date:November 17, 2025 Item:Declare Surplus Property and Authorize for Public Sale Council Action Requested: Declare vehicle listed below as surplus property and authorize for public sale. Background Information: Parks & Recreation vehicle listed below have been replaced and are no longer in service and will be sold via public auction. •PR201-15 –2015 Ford Interceptor; VIN# 1FM5K8AR7FGC51699 Financial Impact:Positive impact from sale of City owned vehicles and equipment. Advisory Commission Discussion:N/A Council Committee Discussion:N/A Attachments: ▪N/A VIII-13 City Council Memorandum To:Mayor Fasbender & City Councilmembers From:John Hinzman, Community Development Director Date:November 17, 2025 Item:Public Hearing and Resolution:Vacation of Easement –Central Water Treatment Plant –1292 North Frontage Rd Council Action Requested: Hold a public hearing and adopt the attached resolution vacating the following easements generally located at 1292 North Frontage Road. A simple majority is necessary for action. 1)Utility Easement per Document No. 542694 –Generally located at the northeast corner of the site. 2)Road and Utility Easement per Document No. 498261 –Generally located along the southern boundary of the site. 3)Public Roadway and Utility Easement per Document No. 355030 –Generally located along the southeast boundary of the site. Please see the attached exhibit for further information. Background: 1292 North Frontage Road was formerly the home of Carbone’s Pizza and Stacy’s Stars Dance Studio. The property was acquired by the City for construction of the Central Water Treatment Plant. Buildings have been demolished and the site replatted as CENTRAL WATER TREATMENT PLANT CAMPUS. The proposed vacated easements are no longer necessary upon the replatting of the property. Financial Impact: N\A Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: •Resolution •Location Map IX-01 (a,b) CITY OF HASTINGS, MINNESOTA CITY COUNCIL RESOLUTION _____________ A RESOLUTION VACATING CERTAIN EASEMENTS RECORDED AS DOCUMENT NO. 498261 UTILITY EASEMENT, DOCUMENT NO.355030 PUBLIC ROADWAY AND UTILITY EASEMENT AND AS DOCUMENT NO.542694 UTILITY EASEMENT WHEREAS, City council of Hastings, Minnesota initiated the vacation of certain public easements over property in Hastings, Minnesota;and WHEREAS,pursuant to Minnesota Statutes §412.851, the City Council may by resolution vacate any street, alley, public grounds, public way, or any part thereof on its own motion adopted by a four-fifths votes of all members of the Council; and WHEREAS, a notice of a public hearing on said vacation was duly published and posted in accordance with applicable Minnesota Statutes and a public hearing was held on said vacation; and WHEREAS, the City Council of Hastings then proceeded to hear all persons interested in said vacation and all persons interested were afforded an opportunity to present their views and objections to the granting of said vacation; and WHEREAS, the City Council of Hastings has determined that the vacation would be in the public interest. WHEREAS,the easements proposed to be vacated are legally described as: The Road and Utility Easement filed of record in the office of the Dakota County Recorder on October 5, 1977 as Document No.498261 The southerly 50 feet of that part of the South half of the Northeast Quarter (S ½ of NE ¼) of Section Twenty-nine (29), Township One Hundred Fifteen (115), Range Seventeen (17) described as follows: Commencing at a point which is 1418 feet West and 10 feet North of the Southeast corner of said Northeast of said Section 29, thence North at right angles 300 feet, thence East 145.2 feet, thence South 300 feet, thence West 145.2 feet to the place of beginning. And over the South 10 feet of the West 145.2 feet of the East 1418 feet of the said South Half of the Northeast Quarter (S ½ of NE ¼) of Section Twenty-nine (29), Township One Hundred Fifteen (115), Range Seventeen (17), all in Dakota County, Minnesota. And The Public Roadway and Utility Easement filed of record in the office of the Dakota County Recorder on November 18, 1968 as Document No.355030 Part of the Northeast Quarter of Section 29, Township 115 North, Range 17 West, described as follows: IX-01 (a,b) Beginning at a point 1322.8 feet West and 10 feet North of the Southeast Corner of said Northeast Quarter; thence North 50 feet; thence East and parallel to the South line of said Northeast Quarter a distance of 50 feet; thence South 50 feet; thence West along the South line of said Northeast Quarter a distance of 50 feet to the point of beginning, containing 0.06 acres. And The Utility Easement filed of record in the office of the Dakota County Recorder on August 7, 1979 as Document No.542694 The East 60 feet of the North 30 feet of the following described parcel: Part of the South one-half of Northeast Quarter of Section 29, Township 115, Range 17 commencing 1418 feet West and 10 feet North of Southeast corner, North 300 feet, East 145.2 feet, South 300 feet, West 145.2 feet to beginning. and depicted on Exhibit A, attached hereto and incorporated herein; and NOW,THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings as follows: 1.That pursuant to Minnesota Statutes §412.851, it hereby vacates the easements described above and depicted on Exhibit A. 2.That said vacation has no relationship to the City’s Comprehensive Plan and therefore the Hastings City Council has dispensed with the requirements of Minnesota Statutes §462.356, subd. 2, that may require a Comprehensive Plan compliance review of said vacation that may constitute a disposal of real property pursuant to §462.356, subd. 2. 3.That the City Clerk shall prepare a notice to be presented to the Dakota County Auditor reflecting the completion of the proceedings herein. Adopted this 17th day of November, 2025. _____________________________ Mary D. Fasbender, Mayor Attest: ______________________________ Kelly Murtaugh, City Clerk IX-01 (a,b) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, 17th day of November, 2025, as disclosed by the records of the City of Hastings on file and of record in the office. ______________________________ Kelly Murtaugh, City Clerk SEAL This instrument drafted by: City of Hastings (EK) 101 4th Street E. Hastings, MN 55033 IX-01 (a,b) G G G G G OH OH OH OH OH OH OH G OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH S S MBMB 11" 7" AC 13"9" E E IRR RD 9" MB 10"9"10" E HH 10" 11" 11" 12" 8" 7" 7" 7" 10" 7" 7" 19" 8" 8" RD CO E IRR 10" 9" 9" 9" 9" 10" 9" 9" 9"4INX4" MB 9" MB 10" RD IRR 6" 9" 9" 10" 8" 9" 6" 4"2" 5" 8" UT I L B O X ELEC HAND HOLE SAN PIPE ST PIPE GATE GAS METER GAS METER CONC. CONC. SIDEWALK CONC. SIDEWALK CONC. SIDEWALK CONC. CONC. CONC. BITUMINOUS SURFACE BITUMINOUS SURFACE BITUMINOUS SURFACE CO N C . CONC. CO N C . CONC. OVERHANG OV E R H A N G EDGE OF LANDSCAPEWATER TOWER 52.2 10 2 . 2 10 2 . 1 52.1 EXISTING BUILDING EX I S T I N G B U I L D I N G C C G G G E E E E C C C C C C C C G G 43 . 3 20.4 56 . 5 37.9 79 . 6 27.1 21 . 1 31.1 EXISTING BUILDING ELEC METER OV E R H A N G OV E R H A N G CONC. SIDEWALK CO N C . S I D E W A L K CO N C . S I D E W A L K CONC. CO N C . BITU M I N O U S SURF A C E BI T U M I N O U S S U R F A C E BI T U M I N O U S S U R F A C E CO N C . E D G I N G LA N D S C A P E R O C K S BITUMINOUS SURFACE CONC. BI T U M I N O U S S U R F A C E CONC. CONC. OVERHANG OWNER: CITY OF HASTINGS ADDRESS: 1292 NORTH FRONTAGE RD PID: 19-02900-05-010 OWNER: CITY OF HASTINGS ADDRESS: 1300 NORTH FRONTAGE RD PID: 19-57701-00-010 OWNER: FLUEGELS LAWN GARDEN & PET SUPPLY INC ADDRESS: 1280 NORTH FRONTAGE RD PID: 19-02900-05-020 33.0 32.7 60.3 60.1 52 . 9 53 . 1 5.2 6.0 90.1 90.2 64.9 64.3 13 3 . 1 13 3 . 8 3. 1 3. 4 NORTH FRONTAGE ROAD 90° 0 ' 0 " PROPOSED 10 FT DRAINAGE AND UTILITY EASEMENT PR O P O S E D 10 F T D R A I N A G E A N D U T I L I T Y E A S E M E N T 90°0' 0 " 10 FT DRAINAGE AND UTILITY EASEMENT PER PLAT OF PLEASANT ACRES SECOND ADDITION OWNER: DAKOTA COUNTY CDA WORKFORCE HOUSING LL ADDRESS: UNASSIGNED PID: 19-31995-01-010 20 F T U T I L I T Y E A S E M E N T PE R D O C . N O . 5 4 2 6 9 5 (O N L Y S H O W S I N T I T L E FO R 1 3 0 0 N F R O N T A G E R D ) ROAD AND UTILITY EASEMENT PER DOC. NO. 498261 UTILITY EASEMENT PER DOC. NO. 542694 SIDEWALK, STREET, DRAINAGE AND UTILITY EASEMENT PER DOC. NO. 1059470 145.20 S0 0 ° 0 5 ' 5 8 " E 3 0 0 . 0 0 S89°54'02"W 145.20 FD RLS 9294 9 0 ° 0 ' 0 " 90°0 ' 0 " FD 1/2" IP S LINE OF THE NE 1/4 OF SEC. 29, T. 115, R. 17 N00°05'58"W 10.00 N00°05'58"W 10.00 95.20 1272.80 S89°54'02"W 1418.00 SE CORNER OF THE NE 1/4 OF SEC. 29, T. 115, R. 17 (FD DAKOTA COUNTY CAST IRON MONUMENT) PUBLIC ROADWAY AND UTILITY EASEMENT PER DOC. NO. 355030 / BK 83 OF MISC PG 300 FD 5/8" REBAR FD 5/8" REBAR (TIPPED TO NORTH 0.33 FT)FD 1/2" IP FD MNDOT RW CAP SE CORNER OF THE NE 1/4 OF SEC. 29, T. 115, R. 17 (FD DAKOTA COUNTY ALUMINUM MONUMENT) S89°54'02"W 3875.21 60 63 . 9 0 50 10 50 10 60 30 69 . 6 0 19 . 6 0 50.00 N00°05'58"W 10.00 50 50 N0 0 ° 1 5 ' 4 0 " W 2 3 6 . 1 0 N89°54'02"E 212.89 N89°54'02"E 358.76 DR A I N A G E A N D U T I L I T Y E A S E M E N T P E R PL A T O F P L E A S A N T A C R E S S E C O N D A D D I T I O N AN D IN G R E S S A N D E G R E S S A C C E S S E A S E M E N T AS P E R D O C . N O . 2 5 2 5 3 5 6 , 2 5 2 5 3 5 7 , 2 5 3 7 2 2 8 N0 0 ° 0 5 ' 5 8 " W 2 3 6 . 1 0 N0 0 ° 0 5 ' 5 8 " W 2 3 6 . 1 0 N0 0 ° 0 5 ' 5 8 " W 6 3 . 9 0 N89°54'02"E 145.20 63 . 9 0 23 6 . 1 0 LOT 1 BLOCK 1 10 10 10 10 10 10 10 10 45.54 46.21 167.35 10 90°0' 0 " 20 20 SCALE: SURVEY BY: DRAWN BY: CHECK BY: SHEET OF WSB PROJECT NO. I H E R E B Y C E R T I F Y T H A T T H I S S U R V E Y , P L A N , O R RE P O R T W A S P R E P A R E D B Y M E O R U N D E R M Y DI R E C T S U P E R V I S I O N A N D T H A T I A M A D U L Y LI C E N S E D P R O F E S S I O N A L L A N D S U R V E Y O R UN D E R T H E L A W S O F T H E S T A T E O F M I N N E S O T A . LI C . N O : DA T E : RE V I S I O N S NO . DA T E DE S C R I P T I O N Ce n t r a l W a t e r T r e a t m e n t P l a n t C a m p u s 12 9 2 a n d 1 3 0 0 N o r t h F r o n t a g e R o a d Ci t y o f H a s t i n g s , M i n n e s o t a Preliminary Plat - Vacation Exhibit 1" = 30' JS Je r e m y R . H o n g a 58 0 1 3 10 / 2 3 / 2 0 2 5 024226-000 1 1 0 Graphic Scale (in feet) 30 60 N 1 inch = 30 feet PROPERTY DESCRIPTION PID 19-02900-05-010: That part of the S ½ of the NE ¼ of Section 29, Township 115, Range 17, described as follows: Commencing at a point which is 1418 feet West and 10 feet North of the Southeast corner of said NE ¼ of said Section 29, thence North at right angles 300 feet, thence East 145.2 feet, thence South 300 feet, thence West 145.2 feet to the place of beginning, Dakota County, Minnesota. and PID 19-57701-00-010: Outlot A, Pleasant Acres Second Addition, according to the recorded plat thereof, Dakota County, Minnesota. PROPERTY SUMMARY 1.Subject property's addresses are 1292 and 1300 North Frontage Rd. 2.Subject property's property identification numbers are 19-02900-05-010 and 19-57701-00-010. 3.Existing Areas are as follows: Area of PID 19-02900-05-010 = 43,560 Square Feet or 1.000 acres. Area of PID 19-57701-00-010 = 50,342 Square Feet or 1.156 acres. Total area = 93,902 Square Feet or 2.156 acres. OVERHEAD UTILITYOH UNDERGROUND GASG STORM CATCH BASIN ST S WATER VALVE HYDRANT STORM MANHOLE SANITARY MANHOLE SIGN PEDESTAL HH HAND HOLE CURB AND GUTTER CHAIN LINK FENCE BUILDING OVERHANG BUILDING EDGE GUARD POST SECTION CORNER LEGEND LIGHT POLE E ELECTRIC TRANSFORMER UTILITY POLE GUY WIRE FOUND MONUMENT SET MONUMENT METER E ELECTRIC MANHOLE SPOT / YARD / GROUND LIGHT CURB STOP AC AIR CONDITIONING UNIT CO CLEAN OUT MB MAIL BOX IRR IRRIGATION VALVE BUSH EVERGREEN TREE DECIDUOUS TREE VICINITY MAP SECTION 29, TOWNSHIP 115, RANGE 17, DAKOTA COUNTY, MINNESOTA NW 1 / 4 NE 1 / 4 SE 1 / 4 SW 1 / 4 N NOT TO SCALE HWY 55 N FRONTAGE RD SITE UNDERGROUND ELECTRICE UNDERGROUND COMMUNICATIONC WATER MAIN RD ROOF DRAIN ORNAMENTAL ROCK SURVEYOR NOTES 1. The bearing system is based on the Dakota County Coordinate System, NAD83 (2011 Adjust), having an assumed bearing of S89°54'02"W for the South line of the Northeast Quarter of Section 29, Township 115, Range 17. 2. The buildings and exterior dimensions of the outside wall at ground level are shown on the survey. It may not be the foundation wall. 3. Location, sizes and types of underground utilities shown are a combination of observed evidence and plan information, together with field markings by those utility locators that responded to Gopher State One Call Ticket Nos. 250941429 and 250941471. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. WSB makes no guarantee that the utilities shown comprise all of the utilities in the area. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. Pursuant to MS 216.D contact Gopher State One Call at 651-454-0002 prior to any excavation. SUBJECT PROPERTY PID 19-02900-05-010: Referencing Title Commitment No. DC242980-CO, dated 4/24/2025, as provided by Old Republic National Title Insurance Company, the following are comments on easements, etc., that the property is subject to in Schedule B thereof using the same numbering system as in said Schedule B. Exception Item Nos. 1-2 are not survey related and therefore are not shown. 3.Permanent Road and Utility Easement granted to the City of Hastings over the South 50 feet recorded as Document No. 498261. Shown on survey. 4. Permanent Utility Easement granted to the City of Hastings over the East 60 feet of the North 30 feet recorded as Document No. 542694. Shown on survey. 5. Permanent Easement for sidewalk, Street, Drainage and Utility Purposes granted to the City of Hastings over the North 19.60 feet of the South 69.60 feet recorded as Document No. 1059470. Shown on survey. 6. Public Roadway and/or Utility Easement granted to the City of Hastings over approximately the East 50 feet of the South 50 feet recorded in Book 83 of Miscellaneous Records on page 300. Shown on survey. PID 19-57701-00-010: Referencing Title Commitment No. DC250842, dated 3/26/2025, as provided by Old Republic National Title Insurance Company, the following are comments on easements, etc., that the property is subject to in Schedule B, Section 2 thereof using the same numbering system as in said Section 2. Exception Item Nos. 1-7, and 11-12 are not survey related and therefore are not shown. 8.Easement filed as Document No. 542695. Shown on survey. 9. Resolution filed as Document No. 1466908.2. Resolution modifies the Hastings Family Housing plat to include a 20 ft wide drainage and utility easement which corresponds to a private storm sewer line which runs between the City water tower site and Pleasant Drive to serve as an overflow release for the water tower. Easement lies north of PID 19-57701-00-010 and is not shown on survey. 10. Resolution filed as Document No. 2525352. Resolution vacates the Drainage and Utility Easements on Lot 2, Block 1, Hastings Family Housing. 13.Access Agreement filed as Document No. 2525356. Shown on survey. 14.Amended and Restated Ingress and Egress Easement filed as Document No. 2525357. Shown on survey. 15.Agreement Regarding Easement filed as Document No. 2537228. 16.Rights of the public in right of way for North Frontage Rd, as laid out and traveled. 17.Utility and Drainage Easements as shown on the recorded plat. Shown on survey. PROPOSED INFORMATION 1. Proposed Lot 1, Block 1 address is 1290 North Frontage Rd. 2. Proposed plat areas are as follows: Lot 1, Block 1 = 84,624 Square Feet or 1.943 acres R/W = 9,278 Square Feet or 0.213 acres Total = 93,902 Square Feet or 2.156 acres ADDRESSES Owner: City of Hastings Surveyor: WSB 701 Xenia Avenue South, Suite 300 Minneapolis, Minnesota 55416 PROPOSED D & U EASEMENT EXISTING BOUNDARY PROPOSED RIGHT OF WAY EXISTING EASEMENTS TO BE VACATED UTILITY EASEMENT PER DOC. NO. 542694 TO BE VACATED ROAD AND UTILITY EASEMENT PER DOC. NO. 498261 TO BE VACATED PUBLIC ROADWAY AND UTILITY EASEMENT PER DOC. NO. 355030 / BK 83 OF MISC PG 300 TO BE VACATED K: \ 0 2 4 2 2 6 - 0 0 0 \ S u r v e y \ D r a w i n g \ P l a t t i n g \ 0 2 4 2 2 6 - 0 0 0 - V - P P L A T - 1 2 9 2 a n d 1 3 0 0 N o r t h F r o n t a g e R d - N A D 8 3 ( 2 0 1 1 A D J ) _ R e v i s e d w i t h t h e V a c a t i o n o f E a s e m e n t s . d w g , 1 0 / 2 3 / 2 0 2 5 9 : 5 4 : 0 5 A M IX-01 (a,b) City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: November 17, 2025 Item: 2nd Reading\Adopt Ordinance: Amend City Code Chapter 155.21 – Churches in the Agriculture Zoning District Council Action Requested: Consider 2nd Reading and adoption of an amendment to Hastings City Code Chapter 155.21 to allow churches as a special use in the Agriculture Zoning District. The City Council considered 1st Reading on November 3, 2025. A simple majority is necessary for action. Background: In order to protect agricultural land against from premature development, churches would only be allowed on Agriculture zoned land identified as Agriculture on the Comprehensive Plan. Churches would not be allowed on Agriculture zoned land where a different land use is planned. Advisory Commission Review: On October 27, 2025 the Planning Commission voted 6-0 to recommend approval of the amendment as presented with limited discussion. During the public hearing Paris Pasch of The Journey Church stated they were looking for a site for a new church and were considering a property zoned agriculture. Advisory Committee Review: On October 13, 2025 the Planning Committee of City Council (Chair Lawrence, Vihrachoff, and Haus) met to consider changes to allow churches in the Agriculture district. The Committee discussed implications on churches developing on agricultural land and how it may impact future development. Committee members were supportive of further review by the Planning Commission. Attachments: • Ordinance Amendment • Planning Commission Staff Report – October 27., 2025 X-C-01 1 ORDINANCE NO. 2025- AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA AMENDING HASTINGS CITY CODE CHAPTER 155.21 – ZONING CODE – A AGRICULTURE The City Council of the City of Hastings, Minnesota does hereby ordain as follows: SECTION 1. AMEND. The Code of the City of Hastings, State of Minnesota, Chapter 155.21, Subd. D - Zoning Code – A Agriculture – Uses by Special Permit is amended as follows. Language added is underlined and language removed is stricken. 155.21, Subd. D. Uses by Special Permit 6. Churches pursuant to the following conditions: a. Site must be designated as “Agriculture” on the Future Land Use Map of the adopted Comprehensive Plan. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on November 17, 2025 modifies the City Code to allow churches as a special use in the Agriculture District. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 17th day of November, 2025 _____________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk Summary Publication Published in the Hastings Journal on November 20 and November 27, 2025 X-C-01 To: Planning Commissioners From: John Hinzman, Community Development Director Date: October 27, 2025 Item: Public Hearing - Amend City Code Chapters 155.21 – Churches in the Agriculture Zoning District Planning Commission Action Requested Hold a public hearing and recommend action to amend City Code Chapter 155.21, Subd. D to allow Churches as a Special Use within the Agriculture Zoning District. Zoning Ordinance Districts and Uses Chapter 155 of the City Code establishes the Zoning Ordinance. The Zoning Map subdivides the City into various districts and establishes allowable uses in each district as follows: • Uses Permitted – Uses allowed by right. No city action is necessary to establish the use. • Uses by Special Permit – Uses allowed upon establishment of certain conditions of operation to ensure compatibility with surrounding area. Requires issuance of a Special Use Permit including notification of property owners within 350 feet of the site, public hearing and review by the Planning Commission and City Council approval. • Interim Use – Uses allowed for a limited period of time. Requires issuance of an Interim Use Permit and Agreement establishing the duration and parameters of the and includes notification of property owners within 350 feet of the site, public hearing and review by the Planning Commission and City Council approval. • Uses Prohibited – Uses not identified above are prohibited within the zoning district. City Code Chapter 155.21 – Agriculture Code requirements for the Agriculture zoning district are attached. The intent of the Agriculture District is identified as follows: “to allow maximum freedom of operation for agricultural purposes and to protect the uses from untimely encroachment by potential conflicting urban uses. It is also the intent to protect natural amenities of the Hastings area from harmful exploitation.” Please see the Zoning Map link to view areas zoned for Agriculture Planning Commission Memorandum X-C-01 Impetus for Considering Code Amendment Consideration of the amendment was prompted by a local church wishing to purchase property on land zoned Agriculture for construction of a new church. Planning Committee of City Council The Planning Committee of City Council (Chair Lawrence, Vihrachoff, and Haus) met on October 13th to discuss changes to allow churches in the Agriculture district. The Committee discussed implications on churches developing on agricultural land and how it may impact future development. Committee members were supportive of further review by the Planning Commission. Analysis • Properties zoned Agriculture are not connected to municipal sewer and water. Sewer and water service is provided through private wells and septic systems. • Intensive development of Agriculture zoned properties should be avoided. • Some areas zoned Agriculture are identified in the Comprehensive Plan for future extension of municipal services and development into more intensive residential and commercial land uses. • Development of properties zoned Agriculture that are identified for future growth could prohibit more intensive development in the future. • A variety of uses exist within the agriculture district, some of which are not necessarily agricultural in nature. Proposed Amendment Staff proposes the attached amendment to allow churches in the Agriculture District while protecting against premature development of land designated for future development. Churches would be limited to Agriculture zoned land identified as Agriculture on the Comprehensive Plan. Churches would not be allowed on Agriculture zoned land where a different land use is planned. Please see the Future Land Use Map Link to view areas guided for Agriculture Use Attachment • Ordinance Amendment • City Code Chapter 155.21 - Agriculture X-C-01 1 ORDINANCE NO. 2025- AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA AMENDING HASTINGS CITY CODE CHAPTER 155.21 – ZONING CODE – A AGRICULTURE The City Council of the City of Hastings, Minnesota does hereby ordain as follows: SECTION 1. AMEND. The Code of the City of Hastings, State of Minnesota, Chapter 155.21, Subd. D - Zoning Code – A Agriculture – Uses by Special Permit is amended as follows. Language added is underlined and language removed is stricken. 155.21, Subd. D. Uses by Special Permit 6. Churches pursuant to the following conditions: a. Site must be designated as “Agriculture” on the Future Land Use Map of the adopted Comprehensive Plan. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on November 17, 2025 modifies the City Code to allow churches as a special use in the Agriculture District. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 17th day of November, 2025 _____________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk Summary Publication Published in the Hastings Journal on November 20 and November 27, 2025 X-C-01 155.21 A Agriculture A.Generally. Any land that may be annexed to the city shall be placed in the A Agricultural District until action by the Council that assigns the land to another district. B.Intent. The intent of this chapter in establishing an Agricultural District is to allow maximum freedom of operation for agricultural purposes and to protect the uses from untimely encroachment by potential conflicting urban uses. It is also the intent to protect the natural amenities of the Hastings area from harmful exploitation. C.Uses Permitted. 1.Farmsteads and agricultural operations; 2.Single-family detached dwellings; 3.Public parks and non-commercial recreational uses; 4.Cemeteries; 5.Home occupations subject to the standards listed at § 155.07; 6.Accessory uses incidental to the foregoing principal uses such as private garages and sheds; 7.Recreation facilities, including, but not limited to, golf courses, pistol and rifle ranges, sportsmen clubs and camping areas subject to site plan review; 8.Nurseries and greenhouses subject to site plan review; 9.Commercial Kennels and veterinary establishments subject to site plan review; 10.Storage rental facilities subject to site plan review; 11.Agricultural service operations, heavy equipment contractors, tree service contractors, or other uses subject to site plan review; 12.Other uses similar in nature to the above uses and which, in the opinion of the Council, will not be detrimental to the integrity of the Agriculture District; 13.Cluster developments so as to provide an alternative to rural subdivisions. Home locations may be placed closer together as long as the overall subdivision density still meets the 1 home per 10 acres density. Cluster developments are intended to preserve and enhance open space and natural amenities. Cluster developments are subject to the requirements of this chapter, including, but not limited to, § 155.51 and Chapter 154. Variation in lot sizes and yards are permitted while maintaining the overall density required by the underlying zoning district. D.Uses By Special Permit. 1.Temporary asphalt hot mix plants accessory to mineral extraction subject to site plan review. 2.Land reclamation, mining, soil processing, and general land grading subject to the following. a.Land reclamation. Under this chapter, land reclamation is the reclaiming of land by the depositing of material so as to elevate the grade. Any lot upon which 400 cubic yards or more of fill is to be deposited shall be land reclamation. The application for land reclamation permit shall include a finished grade plan which will not adversely affect adjacent lands, the type of fill to be used, program for fire 10/22/25, 3:37 PM Print Preview https://hastingsmn.municipalcodeonline.com/book/print?type=ordinances&name=155.21_A_Agriculture 1/6 X-C-01 and rodent control, and general maintenance of the site, controls of vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site. The plan shall also include necessary drainage structures to divert or convey stormwater runoff. b.Mining. The extraction of sand, gravel, or other material from the land, in the amount of 400 cubic yards or more and removal thereof from the site without processing shall be mining. The application for a mining permit shall include a plan for a finished grade which will not adversely affect adjacent lands or the development of the site on which the mining is being conducted, and the route of trucks moving to and from the site. c.Soil processing. The operation of processing of sand, gravel, or other material mined from the land shall be permitted. The application for soil processing permit shall include a site plan where the processing is to be done, showing the route of the trucks moving to and from the site, and the condition in which the site is intended to be left upon completion. The Council may restrict the duration of the permit for operation after which the permit will have to be renewed. d.General land grading. This section restricts all excavations, pits, holes, or earthly deposits of any kind to more than 3 feet depth upon any property within the city. (1)It is unlawful for any person to dig and leave open, unfenced, unbarricaded, or uncovered, any pit, quarry, hole, or excavation, including basements, wells, septic tanks, or cesspools; and for any person to deposit earthly material including rock, sand, gravel, organic or other fill material to a depth of over three feet without a permit as required under the grading chapter of the International Building Code or as may be amended. (2)No grading permit shall be required by any person making any excavation or earthly deposit as part of contractual work for construction of utilities for which appropriate permits have been secured or under any contract with the city. e.Application for land reclamation, mining, and soil processing. Application for the permit shall be made in writing to the Council which shall set forth the location and plan for removal from or deposits upon property in accordance with this chapter. The application shall include: (1)A legal description of the lands upon which grading operations shall be performed; (2)Copies of any agreements contemplated or entered into between the owner of the property and any other person charged with performance of the grading; (3)If requested by the city a plat and topographical map of the proposed area to be graded, and the other pertinent information as deemed necessary; (4)The full name and address of the person applying for permit hereunder; (5)A permit fee is required in accordance with the city fee schedule; (6)In all cases, each application for permits for the above must be approved by the Public Works Director before the permit is granted. Also, in all cases of the above, the Public Works Director has the right to review procedures, processes, and results in view of the operations to determine whether they are in accordance with general public welfare and safety 10/22/25, 3:37 PM Print Preview https://hastingsmn.municipalcodeonline.com/book/print?type=ordinances&name=155.21_A_Agriculture 2/6 X-C-01 through regular on-site inspections. The Public Works Director upon determining the permittee’s operation creates a serious and immediate safety hazard may order the operation ceased for a period of 72 hours. Upon so ordering the Public Works Director shall immediately notify the Mayor and the permittee in writing of the hazard and the Mayor shall call a special meeting of the Council. The permittee shall be requested to attend this meeting. If the Council determines that an immediate safety hazard exists, the permit shall be withdrawn until the permittee complies with Council directives to eliminate the hazard; (7)Within 10 days after City Council approval of the permit and before work begins, the applicant shall submit to the city an irrevocable bond or other forms of security acceptable to the city. This bond or other form of security shall be in an amount determined by the City Council, upon recommendation by the Public Works Director, to be sufficient to guarantee the applicant’s full compliance with the provisions of this chapter and all other conditions of the permit issued by the city, including, but not limited to, any restoration required by the city or the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where the repair work is made necessary by the special burden resulting from the hauling and removal of material from any operation. The bond or other approved security shall remain in effect for at least 1 year after the expiration of the permit issued under this chapter. The Council may review and modify the amount of terms of the bond or other approved security as a condition of any permit renewal; and (8)Prior to commencing work under a mining or soil processing permit, the applicant shall secure insurance as provided herein. At the time the Council issues land reclamation, the Council shall determine if the applicant must comply with the following insurance requirements. All applicants required to provide insurance herein shall, prior to commencing work, secure, maintain and file with the City Clerk a liability insurance policy or certificate of insurance from an insurance company authorized to write casualty insurance in the state as will protect the applicant, its agents and the city from claims for bodily injury, death, or property damage which may arise from operations under a permit issued under this chapter. Each insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without 10-days’ written notice to the city of intention to cancel. The amounts of the insurance shall not be less than the following: (A)Worker’s compensation and employer’s liability which shall be secured and maintained as required by state law; (B)Public liability, personal injury, and property damage; (C)Injury or death of 1 person - $250,000; (D)Injury or death to more than 1 person in a single accident - $500,000; and (E)Property damage - $200,000. 3.Towers as regulated by § 155.07. 4.Motor vehicle impound lots, subject to the following conditions. 10/22/25, 3:37 PM Print Preview https://hastingsmn.municipalcodeonline.com/book/print?type=ordinances&name=155.21_A_Agriculture 3/6 X-C-01 a.Motor vehicles cannot be kept in an impound lot for more than 14 days unless a police hold has been placed on the motor vehicle. b.No sales of motor vehicles, salvaging, repairing, dismantling, or stripping of motor vehicles shall be allowed in the impound lot. c.100% opaque fencing or landscaping at least 6 feet high must be placed around the entire lot and must be adequately maintained. d.All motor vehicles impounded shall be kept within the opaque fenced or landscaped area. e.All buildings on the lot must be permanent structures with permanent foundations. f.The entire impound lot shall be surfaced with a bituminous covering, class 5 gravel, or other surface covering as approved by the city. g.A sufficiently sized bituminous area shall be provided for the parking of vehicles which may be leaking fluids or other pollutants. h.Any lighting in the impound lot shall not be obtrusive to neighboring property. i.Employees of the city or its duly appointed representatives, shall be allowed on the property at any time to inspect the impound lot to verify compliance with the City Code. j.Any special use permit issued hereunder shall be reviewed annually and at other times deemed appropriate by the city, to verify compliance with the City Code and any special conditions of the permit. As part of the review procedure, the city may hold a public hearing, preceded by the appropriate mailed and published notice. As part of any review procedure, the city may amend the permit by adding or deleting any conditions it deems necessary to protect the public health, safety, and welfare. k.All conditions imposed by § 30.02 must be met. Additionally, the city may impose any other conditions it feels are necessary to protect the public, health, safety, and welfare. l.Any violation of this subdivision or any conditions imposed upon the special use permit shall be cause for termination of the permit by the city. (Prior Code, § 10.11) Penalty, see § 10.99 5.Cannabis, medical cannabis and hemp growing, cultivating or farming operations pursuant to the following conditions: a.A minimum of 100 contiguous acres under single ownership is required for the operation b.The operator must be licensed by the State of Minnesota c.The sale of cannabis products is not permitted on the same property as the operation. E.Interim Use 1.Purpose. Interim Uses are allowed upon issuance of an Interim Use Permit and execution of an Interim Use Agreement establishing parameters and conditions for operation. The City Council may grant permission of an Interim Use of the property if: 10/22/25, 3:37 PM Print Preview https://hastingsmn.municipalcodeonline.com/book/print?type=ordinances&name=155.21_A_Agriculture 4/6 X-C-01 a.The use conforms to the zoning regulations; b.The date or event that will terminate the use can be identified with certainty; c.Permission of the use will not impose additional costs on the public if it is necessary for the public to take over the property in the future; and d.The user agrees to any conditions that the City deems appropriate for permission of the use. 2.Uses by Interim Use Permit. a.Interim Waiver of Site Plan Requirements. Uses identified as permitted or by special permit may be granted an Interim Use Permit to defer the construction of certain property improvements for a defined period of time. Deferred construction items may include paving and/or curbing of a parking lot, construction items may include paving and/or curbing of a parking lot, construction of a permanent building, and other similar items. Only properties outside of the Metropolitan Urban Services Area (MUSA) may be eligible for issuance of an Interim Waiver of Site Plan Requirements the business must comply with any deferred items to continue operation. b.Ground-Mounted Community Solar Gardens and Solar Farms. 3.Additional Requirements. a.Interim Use Permits shall be issued for a six-month probationary period as determined by City Council. The City Council may consider full issuance of an Interim Use Permit at the end of the probationary period. b.The site must be returned to its pre-developed condition upon termination of the interim use permit. c.If applicable, the business must present an acceptable plan for on-site portable restrooms and trash removal. d.All temporary and permanent signage will require a separate sign permit. e.As a condition of approval, the City will need to review and approve any temporary or mobile structure. f.The construction of or movement of any buildings onto the property requires Site Plan Approval. g.Interim Use Permits shall be subject to the requirements of Chapter 30.02 (E) (2) - Special Use Permits. h.Hours of operation shall be reviewed. i.Any interim use may be terminated by a change in zoning regulations. HISTORY Amended by Ord. 426, 2nd Series on 3/2/1998 Amended by Ord. 436, 2nd Series on 8/3/1998 Amended by Ord. 2009-09, 3rd Series on 9/8/2009 Amended by Ord. 2011-22, 3rd Series on 10/3/2011 Amended by Ord. 2023-05 on 3/20/2023 Amended by Ord. 2023-10 on 4/17/2023 Amended by Ord. 2024-02 on 2/5/2024 10/22/25, 3:37 PM Print Preview https://hastingsmn.municipalcodeonline.com/book/print?type=ordinances&name=155.21_A_Agriculture 5/6 X-C-01 City Council Memorandum To: Mayor Fasbender & City Council Members From:Chris Eitemiller, Finance Manager & Ashley DeBernardi, Assistant Finance Manager Date:November 17, 2025 Item:Remove Unpaid Administrative Penalties and Special Charges for Diseased Tree Removals from Accounts Receivable for Select Properties. Council Action Requested: Approve removing four properties with outstanding Accounts Receivable balances related to delinquent balances for unpaid administrative penalties and unpaid special charges for diseased tree removals from the City’s assessment list. Background Information: In 2024, for the first time, the City was planning to assess unpaid balances for administrative penalties and special charges for diseased tree removals. Late last year, it was determined that this would first require a notice and public hearing in accordance with Minnesota Statutes Chapter 429 and Section 7.15 of the City Charter. There were four properties with unpaid balances for administrative penalties and special charges for diseased tree removals that were sold prior to these balances being assessed to Dakota County. Because these balances were not certified prior to these properties’ sale, the City is unable to assess them to the new owners’ property taxes. As a result, staff requests these four balances be removed from the assessment list. The City will research other potential collection options beyond assessing these new owners. Any alternative that is deemed appropriate shall be pursued. Financial Impact: As mentioned above, there are four properties whose balances must be removed from the City’s assessment listing: PID 19-17500-38-110 $400.00 PID 19-11250-14-063 $407.50 PID 19-32150-67-050 $150.00 PID 19-10500-43-100 $200.00 Total to be Written Off $1,157.50 Advisory Commission Discussion: N/A X-E-01 Council Committee Discussion: N/A Attachments: Resolution –approving removal of balances related to four properties that were sold with unpaid administrative penalties and special charges for diseased tree removals prior to those balances being certified to Dakota County. X-E-01 CITY OF HASTINGS DAKOTACOUNTY,MINNESOTA RESOLUTION NO. RESOLUTION TO REMOVE UNPAID DELINQUENT ADMINISTRATIVE PENALTIES AND DISEASED TREE REMOVALS FROM OUTSTANDING ASSESSMENT ROLLS WHEREAS,the City of Hastings The Dakota County Property Identification Numbers (PIDs), are listed below have Unpaid Administrative Penalties and Special Charges for Diseased Tree Removals: PID 19-17500-38-110 $400.00 PID 19-11250-14-063 $407.50 PID 19-32150-67-050 $150.00 PID 19-10500-43-100 $200.00 Total to be Removed from Outstanding Assessments $1,157.50 The Unpaid Administrative Penalties and Diseased Tree Removals total $1,157.50 are to be removed from the City’s outstanding assessment list,and WHEREAS,The Unpaid Administrative Penalties and Special Charges for Diseased Tree Removals were not specially assessed against these properties prior to each property’s sale,and WHEREAS,the City may not assess these properties’ new owners for these costs post-sale and must remove these balances from the outstanding Assessment list. WHEREAS,the City Attorney has determined that the City may pursue other collection avenues beyond assessing the value of these Unpaid penalties and tree removal charges, NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1.The Unpaid Administrative Penalties and Diseased Tree Removals totaling $1,157.50 against PIDs 19-17500-38-110,19-11250-14-063,19-32150-67-050, and 19-10500-43-100 shall be removed from the City’s Delinquent Assessment Rolls. 2.The City shall research other collection options beyond assessing these new owners and pursue any that are deemed appropriate. 3.City staff are directed to update financial records accordingly. X-E-01 ADOPTED BY THE CITY COUNCIL OF HASTINGS,MINNESOTA,THIS ______DAY OF NOVEMBER 2025 Ayes: Nays: ATTEST: Kelly Murtaugh,City Clerk Mary D.Fasbender,Mayor SEAL X-E-01 City Council Memorandum To:Mayor Fasbender & City Councilmembers From:Chris Eitemiller, Finance Manage Kim Niederkorn, Accountant Date:November 17, 2025 Item:Delinquent Utility Billing Certification Council Action Requested: The Council is requested to authorize the Finance Department to certify delinquent utilities to Dakota County. Background Information: In July 2020,City Council approved by ordinance the process for collecting delinquent utilities.This process change resulted in eliminating disconnecting water service for delinquent residents and instead certifying delinquent utilities to the property owner’s tax statement. Per the ordinance, a list of utility accounts with a delinquent balance was compiled and notices dated September 26, 2025,were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by October 24,2025. Utility accounts with unpaid delinquent balance are being certified to Dakota County to be added to property taxes payable in 2026. The certification amount is equal to the unpaid delinquent balance. The $50 penalty will be included in each property’s certification. Several of the past due amounts are quite small (as little as $0.75), and the $50 penalty may seem onerous.There are several options tonight: 1.City Council can follow the ordinance as is and certify the entire list. 2.City Council could determine a threshold (for example $30) and certify everything above that amount, plus any “inactive” accounts below that amount. The amounts below the amount would stay in the utility billing system, subject to late fees. Staff would then bring an ordinance in December to enact the threshold as a consistent policy going forward. Regardless of the certification list, any delinquent accounts paid in full prior to certification being filed with Dakota County would be adjusted accordingly. X-E-02 Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: List of delinquent utility accounts to be certified to Dakota County. X-E-02 Parcel Number Status Delq Tax Amount 198145001010 Active $4,069.78 196437501100 Active $3,004.36 198300301010 Active $2,436.81 193215112060 Active $2,409.11 190370005011 Active $2,025.00 191125010010 Active $1,791.56 191750038060 Active $1,417.79 197102601020 Active $1,373.43 191050019040 Active $1,358.85 191640402210 Active $1,154.77 191125017080 Active $1,090.91 196390003090 Active $1,058.72 191950002070 Active $1,034.25 198395205060 Active $975.98 191640202240 Active $951.66 192580003160 Active $941.52 196330000207 Active $937.41 196437503020 Active $917.09 191050019180 Active $914.15 193215036043 Active $909.26 191640402350 Active $907.78 191050042090 Active $904.81 196439002070 Active $876.31 195790005050 Active $863.11 191050006090 Active $858.67 195850000106 Active $850.66 195770101030 Active $835.53 195790002010 Active $825.66 196438002030 Active $790.50 190270055030 Active $785.12 190280069020 Active $781.07 193215051030 Active $769.30 191050024070 Active $755.78 198323902050 Active $754.96 197102503260 Active $733.94 195100001071 Active $718.02 193215039040 Active $701.60 190370005081 Active $694.88 191050027090 Active $694.49 197102603120 Active $692.23 196340005120 Active $688.12 191050026181 Active $686.66 191950003060 Active $675.79 X-E-02 191750114050 Active $674.58 197120002020 Active $673.39 190270055010 Active $662.44 196810102110 Active $655.29 193215087050 Active $654.01 193215022040 Active $651.42 193215025030 Active $646.15 197100102010 Active $643.87 197320701230 Active $641.37 191470001131 Active $641.22 198375100810 Active $639.99 198375200132 Active $638.32 193215041021 Active $637.24 193215042020 Active $623.65 198324101170 Active $621.20 193215067080 Active $619.87 196330000165 Active $612.19 197730002070 Active $603.62 198300301021 Active $598.80 196340002170 Active $583.73 197730003291 Active $580.03 191640105030 Active $579.88 198375000360 Active $576.16 195750004020 Active $574.56 197320005020 Active $571.65 191640102050 Active $569.55 191950401090 Active $566.19 193195019050 Active $565.41 191640201100 Active $564.02 191315001100 Active $563.65 193215092050 Active $554.00 192580001010 Active $553.85 193215035010 Active $548.23 197330000130 Active $524.59 197320701050 Active $520.60 191640401080 Active $518.60 191640201080 Active $517.67 191830003080 Active $515.33 193195007061 Active $513.17 191050029060 Active $510.92 194470102040 Active $504.27 198170003050 Active $499.87 191950005130 Active $498.49 195750004040 Active $498.03 X-E-02 194470401060 Active $496.92 193120001080 Active $492.09 193215017061 Active $490.93 193215086061 Active $484.25 194470501090 Active $471.40 190370004020 Active $467.08 192970203310 Active $465.65 191640301060 Active $462.49 197320301120 Active $459.18 191630002042 Active $455.27 197105103170 Active $447.03 191470002080 Active $441.00 196810201140 Active $438.15 193215103040 Active $437.53 191050042110 Inactive-Balance Due $428.70 191050010150 Active $427.25 193285008120 Active $427.03 197105004020 Active $423.18 195770001070 Active $421.71 196340005040 Active $411.03 197700002070 Active $410.57 191950005140 Active $409.64 191320008140 Active $405.35 198375000470 Active $399.59 191950104050 Active $397.84 198324701100 Active $395.21 191050017040 Active $383.16 198375100710 Active $376.19 191470101020 Active $369.71 193215127051 Active $364.11 191640003010 Active $357.88 193215029082 Active $354.50 191630002031 Active $354.36 197102503170 Active $339.61 193210006100 Active $332.94 197100101010 Active $330.03 190030003072 Active $327.76 191125009040 Active $326.37 191050027170 Active $319.31 193215004083 Active $312.99 193215085020 Active $307.34 197320501030 Active $306.30 196437505203 Active $306.22 191640102080 Active $306.04 X-E-02 191050042100 Active $305.45 198395303030 Active $300.72 193195018010 Active $298.64 193215010082 Active $296.59 191470001132 Active $292.58 198375100108 Active $287.52 193215028087 Inactive-Balance Due $286.80 197105104080 Active $283.75 194470300074 Active $282.97 198130102108 Active $282.21 195790101010 Inactive-Balance Due $278.62 196660102021 Active $270.81 191830005030 Active $266.40 190380001040 Active $266.21 197102604130 Active $265.47 191640302040 Active $265.00 193215035040 Active $258.68 193215088040 Active $258.03 193215088040 Active $257.46 193215041022 Active $255.73 192970203340 Active $253.34 193200002012 Active $252.85 197320003030 Active $251.43 193215040020 Active $245.27 190380010020 Active $242.06 191320008050 Active $241.39 198323402060 Active $236.83 198395205030 Active $236.31 198300202011 Inactive-Balance Due $235.58 197700007070 Active $220.56 191360007020 Active $218.70 190370005082 Active $217.14 198323402040 Active $215.18 191050043140 Active $212.39 197700007030 Active $212.38 198300202011 Inactive-Balance Due $212.08 196340006180 Active $207.93 191830005110 Inactive-Balance Due $205.99 193200002012 Active $205.16 191050047100 Active $204.49 191470302080 Active $201.27 191342501140 Active $199.29 191470001111 Active $193.61 191960001150 Active $193.43 X-E-02 191640001060 Active $192.91 192970203370 Active $187.76 191750031070 Active $186.19 191050042060 Active $173.18 193215134020 Active $165.31 191950101010 Active $165.31 192970203120 Active $164.85 190380011040 Active $158.50 198395204050 Active $153.76 197730002190 Active $153.60 198375100670 Active $151.70 191950003140 Active $151.70 191050032041 Active $146.87 196340006090 Active $144.89 190370004080 Active $144.85 192775002070 Active $144.10 191125014063 Active $143.25 191640402270 Active $143.18 193120001020 Active $142.10 191950106160 Active $138.08 191050007050 Active $137.81 191050043020 Active $131.27 191320003060 Active $131.27 193215008087 Inactive-Balance Due $119.32 197320501090 Active $118.21 197105004150 Active $109.52 193200602050 Active $109.51 197102503050 Active $106.11 193210002060 Active $104.03 196438001160 Active $103.17 190350091011 Active $100.58 190410038016 Active $100.58 193190001201 Active $100.58 193215135063 Active $100.58 193215135080 Active $100.58 198323906030 Active $100.58 198324701050 Active $100.58 196750001150 Active $100.00 193215028087 Inactive-Balance Due $98.90 191640001080 Inactive-Balance Due $86.64 196390005031 Active $76.80 191330004080 Active $76.67 193215031070 Active $75.21 191640001100 Inactive-Balance Due $66.48 X-E-02 197102502050 Active $65.72 197102603020 Active $64.82 196330000160 Inactive-Balance Due $59.36 191050004160 Active $45.22 193215008028 Inactive-Balance Due $37.04 193215028086 Inactive-Balance Due $37.04 190040001010 Active $35.57 197105501010 Active $32.94 193215036041 Active $24.14 193215028087 Inactive-Balance Due $21.32 191640202150 Active $20.37 198375100850 Active $15.94 193215066080 Active $15.00 197102501100 Active $9.65 191125018050 Active $8.74 194470102030 Active $2.98 198375300194 Active $0.75 Delinquent Utility Billing List Monday, November 10, 2025 $101,773.19 X-E-02