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2010-10-12PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. • AGENDA .... ...... .................. ... ........ . . _ ... .............. 1111...... . MOUND CITY COUNCIL TUESDAY OCTOBER 12, 2010 7:00 PM REGULAR MEETING MOUND CITY COUNCIL CHAMBE - ........... * Consent A ems Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Page Open meeting 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. * Consent A eg nda *A. Approve minutes: September 28, 2010 regular meeting 1996 -2001 *B. Approve payment of claims 2002 -2021 is *C. Approve Pay Request No. 4 from Egan Company in the amount of 2022 -2023 $444,646.12, for the City Street Lighting Project, City Project No. PW -09 -07 *D. Discussion/action on Labor Agreement between the City of Mound 2024 -2063 and the Minnesota Teamsters Public and Law Enforcement Employees' Union No. 320 (Public Works Union) *E. Discussion/action on Labor Agreement between the City of Mound 2064 -2113 and Law Enforcement Labor Service, Inc, Local No. 35 (Police Supervisors) Comments and suggestions from citizens present on any item not on the agenda. (Limit to 3 minutes per speaker.) NOTE: This public forum may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. 6. Public Hearings A. Action on Resolution Ordering Improvement and Preparation of Plans 2114 -2125 for 2011 Street, Utility and Retaining Wall Improvement Project B. Action on Resolution Ordering Improvement and Preparation of Plans 2126 -2129 • for the MSA Portion of the 2011 Street, Utility and Retaining Wall Improvement Project PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS 7. Planning Commission Recommendations: A. Public Hearing — Review /action on Ordinance Amending Chapter 2130 -2142 129 of the Mound City Code as it Relates to the Zoning Ordinance B. Review /action on Ordinance Amending Chapter 101 of the Mound 2143 • City Code as it Relates to General and Administrative Provisions C. Review /action on Ordinance Amending Chapter 119 of the Mound 2145 City Code as it Relates to Trailers and Trailer Parks D. Review /action on Ordinance Amending Chapter 125 of the Mound 2144 City Code as it Relates to Signs E. Review /action on Resolution Authorizing Summary Publication of 2146 Ordinance (An Ordinance Amending Chapter 129 of the City Code as it Relates to the Zoning Ordinance) 8. Quarterly Report from Building Official Scott Qualle of MnSpect 2147 -2150 9. Review /action on Resolution Authorizing Preparation of and Obtaining 2151 -2155 Administrative Warrants by City Attorney to Obtain Access by the Building Official for the Purpose of Conducting Health, Life and Safety Inspections of the Interior of the Units Located in the Mound Manufactured Home Park, 6639 Bartlett Boulevard, and Authorizing Expenditure of City Fund Regarding the Same 10. Approve Temporary On -Sale Liquor License for Knights of Columbus for Nov 2156 is 20, a social function called "Date Night" at Our Lady of the Lake Catholic Church 11. Information/Miscellaneous A. Comments /reports from Councilmembers /City Manager B. Reports: Bolton & Menk — Engr. Project Status Report Finance Dept — September 2010 Finance Dept — 3 / Qtr YTD Bolton & Menk C. Minutes: D. Correspondence: Summary Harbor Wine & Spirits — Sept 2010 Strib Article on Trail Maintenance Transportation Seminar Metropolitan Council letter on I/I 12. Adjourn 2157 -2158 2159 -2161 2162 2163 2164 2165 2166 -2167 Note: This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site: www.cityofmound.com COUNCIL BRIEFING October 12, 2010 • Upcoming Events Schedule: Don't Forget!! May 15 – Oct 30 (Saturday's) 8 -12:00 – Farmers' Market & More at Mound Transit Center Oct 30 –10:00 -12:00 – Scarecrow Stomp — Family Fun, combined with the Farmers' Market Oct 30 – 9:00 -11:00 – `Learn to Ride the Bus,' otherwise titled `Use it or Lose It,' combined with the day's events at the Mound Transit Center Oct 9 – 8:00 -12:00 – Recycling Day at Minnetrista Oct 12 – 6:30- HRA regular meeting Oct 12 – 7:00 – CC regular meeting Oct 20 –1:30 -4:30 – Flu Shot Clinic at Mound City Hall Oct 26 – 6:30- HRA regular meeting Oct 26 – 7:00 – CC regular meeting Oct 30 – 10:00 -12:00 – Scarecrow Stomp fall festival for people of all ages, combined with Farmers' Market Oct 31 – Seasonal Hours end Nov 2 – Election Day Nov 7 – Daylight Saving Time ends Nov 18 – 6:00 – Tree Lighting Ceremony Nov 19, 20, 22 – Festival of Trees at the Gillespie Center Nov 30 – 6:30 – 2011 Budget Workshop Dec 7 – 6:30 – 2011 Budget Workshop (if needed) Dec 14 – 6:30 – HRA regular meeting Dec 14 – 7:00 – CC regular meeting (Approve Final Budget) • Feb 19 – 6:00 -9:00 – Moonlight Trail Night City Hall Closings Nov 11 Dec 23 (1/2 day) Dec 24 Dec 30 (1/2 day) Dec 31 Veteran's Day Christmas Eve Christmas Day New Years Eve New Years Day City Official's Absences Oct 16 -21 Kandis Hanson City Manager's Conf Dec 18 -Jan2 Kandis Hanson Vacation Just a Note We didn't receive any applications for Planning Commission or Parks Commission. I really believe it will require personal invitations by some of us to get people to consider serving. Please ask those you know if they would be interested. They may call Sarah Smith at 472 -0604 or Jim Fackler at 472 -0611 if they have questions. Thanks for your help. MOUND CITY COUNCIL MINUTES • SEPTEMBER 28, 2010 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 28, 2010, at 7:00 p.m. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Heidi Gesch Others present: City Attorney John Dean, Acting City Manager Jim Kurtz, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Planner Rita Trapp, Public Works Director Carlton Moore, City Engineer Dan Faulkner, Finance Director Catherine Pausche, Vince Forystek, Kelli Gillispie, Bob Brown, Amanda Schwarze, Scott & Jane Kempf, Chuck Moore, Martha Mason, Mike Mason, Ruth Peterson, Paul Kepen, Elisabeth Geyen, Jim Jasper, Keven Krause, Tom Penn, Mary Moon, Harrison Stokes, Tom Stokes, Chuck Alcon, Roy Jacobson, Craig Forcier, Troy Tasche, Dan & Teri Scherven, Joe Kellner, Tibor Gallo, Patrick Allen, Will Botko, Viktor Gorlov, William Jacobwith, Clark Peters, Bill Merrill, Heather Charles, Meredith Brandt, Cathy Bailey, Robert Jenson, Linda Verkennes Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:00 p.m. • 2. Pledge of Allegiance 3. Approve agenda MOTION by Osmek, seconded by Salazar to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Salazar, seconded by Gesch to approve the consent agenda. All voted in favor. Motion carried. A. Approve payment of claims in the amount of $609,647.37 B. Approve improvements to Mound Bay Park boat ramp per staff memo of 9/15/10 and Niccum Docks, Inc. letter of 9/7/10 C. Approve rip rap at 4909 Island View Drive with funding of up to $5,850 from dock fund D. Approve rip rap at Dreamwood Commons quote in the amount of $49,800 from Concept Landscaping, with funding from dock fund E. Set special 2011 budget meeting workshops for November 30 and December 7, 2010 at 6:30 pm. F. Approve Final Payment to Allied Blacktop in the amount of $2,840.00 for the 2010 Seal Coat Project G. Approve Pay Request No. 5 and Final from Ramsey Excavating in the amount of $12,737.60 for work completed on the Auditors Road Street Extension Project • 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. -1996- Mound City Council Minutes — September 28, 2010 6. Public hearings • A. 2009 Street, Utility and Retaining Wall Improvement Project Assessment Hearing City Engineer Dan Faulkner reviewed the project and how the assessment figures were calculated. Mayor Hanus opened the public hearing at 7:13 p.m. Tibor Gallo, 2123 Noble Lane, presented a letter objecting to the special assessment and stated that the construction was big and messy and thanked the City staff for helping out. He believes that the city share should be much higher than it is and feels that the proposed 6% interest is high. Pausche explained that the trend is to charge 1.5% to 2% more than the bond interest, which is 3.5% in this case. Charles Moore, 5505 Church Road, stated he is unhappy with his assessment of $4,302.20, which seems too steep. He stated that The Laker stated that Minnetrista is paying 4.96% interest for their improvements and he believes the interest could be lower than the proposed 6 %. Jane Kempf, 2207 Centerview Lane, stated she was charged for an apron and there was nothing wrong with the one that was there before the construction. The City Engineer will resolve the matter with her. Clark Peters, 2146 Noble Lane, stated he talked with Pausche on the phone about the interest and asked where the difference between what the city pays and what is being • charged for the assessment goes. Hanus stated it goes to who is holding the loan. John Dean explained the process of payment of bonds, and that the city doesn't have the option to pay off these bonds early. The City continues to pay interest even though some assessments get paid off early, with principal getting paid and no interest paid to offset the interest the city must pay. Peters stated that during the improvement hearing the economic conditions were brought out and the project was ordered anyway and he also is against 6% interest. Bill Jacobwith, 5280 Lynwood Blvd. has a problem with paying for the assessment when the work is not completed yet. Hanus stated that there is a punch list of items that still have to be done and final payment is not paid to the contractor until all of the work is completed. Jacobwith still feels that the work should be done before he has to pay the bill. Paul Kepen, 2012 Villa Lane, voiced a complaint about the grade on Pike and that at the end of Villa there is an asphalt lane. The manhole cover there is no longer under asphalt and he's called the city and was told it would be taken care of and it hasn't. Faulkner told him it should be on the punch list and Moore stated he would look into it. Mary Moon, 5280 Lynwood Blvd., commented on the upcoming project due to the bad economy. She stated when this project was decided on the writing was on the wall and the economy was already on the way down so why was the project done in the first place? Hanus stated it couldn't be determined how deep it was going to go so they went ahead. Moon stated the Council doesn't have a general feeling what it's like for people who are in need and are distressing. After no further comments were offered, the Mayor closed the public hearing at 7:46 p.m. • -1997- • Mound City Council — September 28, 2010 Osmek asked Pausche if 5% would be reasonable for interest rate on this project and she agreed. Salazar agreed with 5 %. MOTION by Osmek, seconded by Gesch to adopt the following resolution as amended to reflect the interest rate at 5% and amending the assessment roll to omit line 208. All voted in favor. Motion carried. RESOLUTION NO. 10 -68: RESOLUTION ADOPTING ASSESSMENT FOR 2009 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT — LEVY #17715 B 2009 Island View Drive /Dorchester Road Street Utility and Retaining Wall Improvement Prow ct Assessment Hearing City Engineer Dan Faulkner reviewed the project and how the assessment figures were calculated. Salazar stated that shortly after the concrete portion was poured it was driven on prematurely and asked if it had been fixed and he was told that that damaged areas had been saw cut and replaced, and that there is a two -year guarantee on everything is if something develops within that time period it will be covered. Mayor Hanus opened the public hearing at 8:00 p.m. • Mike Mason, 4909 Island View Drive, stated he is very happy with the project and that they did a great job. Craig Forcier, 4431 Dorchester, stated he understands there was pressure to put concrete on Island View, but if it was all done with bituminous his assessment would be a lot less. He's been unemployed a long time and he doesn't feel this assessment is fair. It's costing the homeowners on asphalt a lot more money than it should and he doesn't think the City made a good decision. Dan Sherven, 4528 Aberdeen Road, asked what is meant by a unit, and if it is a PID. Faulkner stated that it is basically a buildable lot. Sherven stated he had two aprons put on Island View Drive and is being charged 1 '/2 units for one PID. Faulkner stated that's because there are two homes on the property and the property is over 20,000 sq. ft. and is large enough to be split down the road. After discussion it was decided that precedence had been set with other projects and this is one PID abutting two streets so it should be assessed 1 /2a unit for this project. Linda Verkennes, 4771 Island View Drive, loves her street but is still missing no parking signs. Moore stated that they are still working at getting them back up. Upon no further comments, Mayor Hanus closed the public hearing at 8:13 p.m. MOTION by Osmek, seconded by Gesch to adopt the following resolution, amending the interest rate from 6% to 5 %, and changing Sherven's assessment at 4528 Aberdeen Road, • from 1 Y2 units to' /2 unit. Hanus stated that he will not vote in favor of this motion because he feels that Sherven should be charged more than Y2 unit for that large parcel. The following voted in favor: Osmek, Salazar and Gesch. The following voted against: Hanus. Motion carried. • RESOLUTION NO. 10 -69: RESOLUTION ADOPTING ASSESSMENT FOR 2009 ISLAND VIEW DRIVE /DORCHESTER ROAD STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT — LEVY #17716 C. Four (4) lot preliminary plat /major subdivision ( "Sulgrove ") 5248 Sulgrove Road — Applicant: Tom Stokes /Brenshell Construction City Planner Rita Trapp reviewed the proposed subdivision and Osmek asked if this proposal fully complies with City Code, with no variances required and Trapp answered that it does. Mayor Hanus opened the public hearing at 9:01 p.m. Ella Ramsey, 3359 Warner Lane, stated that her home is assessed at a million dollars and to put four squiggly little houses across the street would devalue their properties significantly. Her husband's family has owned that property since 1953 and she thinks that R1 and R2 6,000 sq. ft. lots are not reasonable when you live across from it. Heather Charles, 3465 Wellesly Way, stated that just because everything complies doesn't mean that it will fit in. One of the considerations should be quality of life when you put in more dense housing. She would like to see less houses on there than four. Joe Kellner, 5232 Sulgrove Road, states he lives two doors down, and would like to add a voice to the majority of neighbors that are concerned with the subdivision. Everything is dramatically bigger than 6,000 sq. ft. He understands 6,000 vs. 10,000 sq. ft. but again, the way the neighborhood is set up, only one is that size, the rest are considerably larger. Vince Forystek, 3131 Inverness, stated he doesn't live in that particular neighborhood, but has sat in on discussions on this and the builder meets the requirements, but his concern is over the hardcover issue. It gets pushed to the limit and he asked that when new owners come in that hardcover can't get added later. After no further comments were offered, the Mayor closed the public hearing at 9:07 p.m. Osmek asked if the plan fully complies with hardcover regulations at this point and Trapp stated that it does, and hardcover is noted on the preliminary plat. Hanus stated that at least % of the properties in that area are about 6,000 sq. ft. so it does fit in the neighborhood, and does comply with code requirements. MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -70: RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PROPERTY LOCATED AT 5248 SULGROVE ROAD • -1999- Mound City Council Minutes — September 28, 2010 • D. Conditional Use Permit for licensed adult day care request 5200 Maywood Road — Applicant: Sojourn Adult Day Services/Tom Penn Sarah Smith reviewed the request and stated that the majority of the Planning Commission's discussion focused on the parking for the building for the existing and proposed use(s) including the assignment of a parking method for Sojourn in according with the zoning ordinance as the use is not specifically referenced. The Planning Commission did vote unanimously to recommend Council approval of the CUP with conditions. Hanus expressed concern over parking because the building will support more tenants than parking will afford. Smith stated that the most conservative approach is to not calculate any use as storage but to calculate as all office space which would give a shortage of 7 spaces. Mayor Hanus opened the public hearing at 9:41 p.m. and upon receiving no comment, closed the public hearing. MOTION by Osmek, seconded by Salazar to adopt the resolution as amended relative to parking requirements. All voted in favor. Motion carried. RESOLUTION NO. 10 -71: RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 5200 MAYWOOD ROAD. P&Z CASE #10 -10. PID #13- 117 -24-43 -0145 E. Assessment Hearing for Delinquent Sewer & Water Bills • Mayor Hanus opened the public hearing at 9:48 p.m. and upon hearing no comment, closed the public hearing. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -72: RESOLUTION ADOPTING ASSESMENT FOR DELINQUENT SEWER AND WATER BILLS AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST — LEVY #17717 F. Assessment Hearing on CBD Parking Maintenance Charges Mayor Hanus opened the public hearing at 9:50 p.m. and upon hearing no comment, closed the public hearing. MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -73: RESOLUTION ADOPTING 2010 CBD PARKING MAINTENANCE ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 6% INTEREST — LEVY #17718 G Assessment Hearing on Miscellaneous Assessments Mayor Hanus opened the public hearing at 9:52 p.m. and upon hearing no comment, closed the public hearing. -2000- Mound City Council Minutes — September 28, 2010 0 MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -74: RESOLUTION ADOPTING ASSESSMENT FOR MISCELLANEOUS PROPERTY IMPROVEMENTS AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST — LEVY 17719. 7. Approve minutes MOTION by Salazar, seconded by Osmek to approve the minutes of the September 14, 2010 regular meeting. The following voted in favor: Osmek, Salazar and Hanus. The following voted against: None. Gesch abstained from voting because she was absent from that meeting. Motion carried. 8. Miscellaneous /Correspondence A. Comments /reports from Councilmembers /City Manager B. Reports: None C. Minutes: None D. Correspondence: BMI Memorandum dated 9/8/10 regarding summary of Rule N Technical Advisory Commission (TAC) meeting held 9/1/10 9. Adiourn MOTION by Salazar, seconded by Hanus to adjourn at 9:55 p.m. All voted in favor. Motion • carried. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • -2001- OCTOBER 12, 2010 CITY COUNCIL MEETING 1 092110CRCARD $4,038.41 SEPT I 092910SUE $24,416.50 SEPT I 100510SUE $50.00 OCT I 100610SUE $5 OCT 101210SUE $310 OCT i TOTAL $344,779.34 -2002- CITY OF MOUND CITY OF MOUND *Check Detail Register© September 2010 Check Amt Invoice Comment 10100 Wells Fargo Paid Chk# 099248 9/20/2010 ELAN CREDIT CARD 10/07/10 7:41 AM Page 1• E 101 - 41920 -440 Other Contractual Services $43.90 0016 08 -20 -10 INET 7 INTERNET SERIVCE E 101 -43100 -210 Operating Supplies $5.68 0235 -A 08 -11 -10 SUPERAMERICA, WATER E 601 -49400 -210 Operating Supplies $5.68 0235 -B 08 -11 -10 SUPERAMERICA, WATER E 602 - 49450 -210 Operating Supplies $5.68 0235 -C 08 -11 -10 SUPERAMERICA, WATER E 101 - 41310 -430 Miscellaneous $37.54 0748 08 -09 -10 BACHMANS E 101 - 41500 -430 Miscellaneous $61.67 1459 08 -12 -10 HARRY AND DAVID E 101 -42110 -404 Machinery/Equip Repairs /Maint $88.89 2144 08 -09 -10 BOATERSWORLD., #842 CHARGER E 222 - 42260 -434 Conference & Training $2,126.04 3144 08 -30 -10 INTERNATIONAL FIRE RESCUE E 101-42110-431 Meeting Expense $62.85 3286 09 -01 -10 DIVINCI'S, WEST METRO DRUG TASK FORCE E 101 - 42400 -210 Operating Supplies $10.73 4369 -A 08 -09 -10 MCAFEE.COM, HANSON, R. E 101 -43100 -210 Operating Supplies $8.58 4369 -B 08 -09 -10 MCAFEE.COM, HANSON, R. E 601 -49400 -210 Operating Supplies $8.58 4369 -C 08 -09 -10 MCAFEE.COM. HANSON, R. E 602 -49450 -210 Operating Supplies $8.58 4369 -D 08 -09 -10 MCAFEE.COM, HANSON, R. E 675 -49425 -210 Operating Supplies $6.43 4369 -E 08 -09 -10 MCAFEE.COM, HANSON, R. E 101 -43100 -404 Machinery/Equip Repairs /Maint $229.50 4724 08 -11 -10 AUTO AIR ONLINE, #106 COMPRESSOR E 101 - 42110 -200 Office Supplies $942.95 6266 08 -20 -10 ROOM AND BOARD, POSTUREFIT OFFICE CHAIR • E 101- 41310 -431 Meeting Expense $14.58 6997 -A 08 -13 -10 HAZELWOOD MEETING E 222 - 42260 -431 Meeting Expense $14.57 6997 -B 08 -13 -10 HAZELWOOD MEETING E 101 -43100 -210 Operating Supplies $9.90 8400 -A 08 -12 -10 JUBILEE FOODS, WATER E 601- 49400 -210 Operating Supplies $9.90 8400 -B 08 -12 -10 JUBILEE FOODS, WATER E 602 - 49450 -210 Operating Supplies $9.91 8400 -C 08 -12 -10 JUBILEE FOODS, WATER E 101 - 42110 -434 Conference & Training $106.52 8817 -A 08 -12 -10 ZAP EVENT, BCA CRIMINAL JUSTICE CONFERENCE, HAWKS E 101 - 42110 -434 Conference & Training $106.52 8817 -B 08 -12 -10 ZAP EVENT, BCA CRIMINAL JUSTICE, RAHN E 101 - 43100 -210 Operating Supplies $1.99 9805 -A 08 -20 -10 SUPERAMERICA. WATER E 601- 49400 -210 Operating Supplies $1.99 9805 -B 08 -20 -10 SUPERAMERICA, WATER E 602 -49450 -210 Operating Supplies $1.99 9805 -C 08 -20 -10 SUPERAMERICA, WATER E 101 -45200 -220 Repair /Maint Supply $107.26 99 80 08 -16 -10 NORTHERN TOOL, TILTING VENTURI CIRC Total ELAN CREDIT CARD $4,038.41 10100 Wells Fargo $4,038.41 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $1,839.06 222 AREA FIRE SERVICES $2,140.61 601 WATER FUND $26.15 602 SEWER FUND $26.16 675 STORM WATER UTILITY FUND $6.43 $4,038.41 • -2003- -2004- CITY OF MOUND 10/07/10 7:40 AM \``t *Check Detail Register© Page 1 __ CITY OF MOUND September 2010 Check Amt Invoice Comment 10100 Wells Fargo Paid Chk# 035973 9/29/2010 ALLIED BLACKTOP COMPANY E 427 -43121 -300 Professional Srvs $2,840.00 FI NAL FINAL PAYMENT 2010 SEAL COAT PROJECT Total ALLIED BLACKTOP COMPANY $2,840.00 Paid Chk# 035974 9/29/2010 LEAGUE OF MINNESOTA CITIES E 101- 42400 -434 Conference & Training $15.00 14 4932 10 -07 -10 ERGONOMICS WORKSHOP, NORLANDER Total LEAGUE OF MINNESOTA CITIES $15.00 Paid Chk# 035975 9/29/2010 MOORE, CARLTON� -� � �� �� � � - - - -- --- E 601 - 49400 -434 Conference & Training $17.84 09 2910 09 -21 -10 STREET LIGHT CONFERENCE Total MOORE, CARLTON $17.84 Paid Chk# 035976 9/29/2010 RAMSEY EXCAVATING, INCORPORATE E 401 -43102 -500 Capital Outlay FA $12,737.60 RE QUEST #5 REQUEST #5 AUDITORS ROAD STREET EXTENSION ital RAMSEY EXCAVATING, INCORPORATE $12,737.60 Paid Chk# 035977 9/29/2010 RELOCATION CENTER • R 601 - 49400 -36200 Miscellaneous Revenues Total RELOCATION CENTER $81,59 09 2910 4949 BEDFORD ROAD REFUND $81.59 Paid Chk# 035978 9/29/2010 SPRINT WIRELESS E101-42110-321 Telephone & Cells $319.92 77 2348811 -03 08 -15 -10 THRU 09 -15 -10 CELL PHONE Total SPRINT WIRELESS $319.92 Paid - Chk# 035979 �- 9%29%2010 SPRINT WIRELESS E101-42110-321 Telephone & Cells $482.91 92 4573317 -10 08 -15 -10 THRU 09 -14 -10 CELL PHONES Total SPRINT WIRELESS $482.91 Paid Chk# 035980 9/29/2010 STUBBY, DAVID R 601 -49400 -36200 Miscellaneous Revenues $22.78 09 2910 2650 LAKEWOOD LANE REFUND Total STUSSY, DAVID $22.78 Paid 64 9/29/2010 SWANSON, AMY .._ - �..,. w. _ -- E101-42110-434 Conference & Training $11.75 09 2910 09 -13 -10 STRATEGIES FOR INTERVIEWS Total SWANSON, AMY $11.75 Paid Chk# 035982 �� 9%29%2010 VERIZON WIRELESS (PIVN)� �� ��� ����� G101-13100 Due From Other Funds $25.00 2458668300 09 -14 -10 THRU 10 -13 -10 CELL GEISE E 101 -43100 -321 Telephone & Cells $248.04 2458668300 09 -14 -10 THRU 10 -13 -10 CELL PHONES E 601 -49400 -321 Telephone & Cells $372.00 2458668300 09 -14 -10 THRU 10 -13 -10 CELL PHONES E 602 - 49450 -321 Telephone & Cells $236.11 2458668300 09 -14 -10 THRU 10 -13 -10 CELL PHONES E 101 - 42400 -321 Telephone & Cells $35.51 2458668300 09 -14 -10 THRU 10 -13 -10 CELL PHONES E 101- 45200 -321 Telephone & Cells $256.76 2458668300 09 -14 -10 THRU 10 -13 -10 CELL PHONES E 281 - 45210 -321 Telephone & Cells $11.09 2458668300 09 -14 -10 THRU 10 -13 -10 CELL PHONES E 101 - 41310 -321 Telephone & Cells $50.25 2458668300 09 -14 -10 THRU 10 -13 -10 CELL PHONES G101-13100 Due From Other Funds $81.83 2458668300 09 -14 -10 THRU 10 -13 -10 CELL PHONES • G101-22816 Personal Cell Phone $166.02 2458668300 09 -14 -10 THRU 10 -13 -10 CELL PHONES -2004- CITY OF MOUND CITY OF MOUND *Check Detail Register© September 2010 Check Amt Invoice Comment Total VERIZON WIRELESS (P/W) Paid Chk# 035983 9/29/2010 WOOD, MICHAEL / G 101 -23225 2270 Langdon Lane Variance Total WOOD, MICHAEL AND MICHELLE Paid Chk # 035984 ~ 9 /29)2010 ZHUK, ROMAN FYf u G101-23150 New Construction Escrow G101-23007 Erosion Control Escrow Total ZHUK, ROMAN Fund Summary $1,482.61 AND MICHELLE ���� $404.50 09 2910 $404.50 $5,000.00 092910 $1,000.00 09 2910 $6,000.00 10100 Wells Fargo $24,416.50 10100 Wells Fargo 101 GENERAL FUND $8,097.49 281 COMMONS DOCKS FUND $11.09 401 GENERAL CAPITAL PROJECTS $12,737.60 427 SEAL COAT FUND $2,840.00 601 WATER FUND $494.21 602 SEWER FUND $236. $24,416.50 2270 LANGDON LANE VARIANCE 4737 WILSHIRE BLVD #2010 -00271 4737 WILSHIRE BLVD #2010 -00271 10/07/10 7:40 AM Page 2• • • -2005- / CITY OF MOUND CITY OF MOUND *Check Detail Register© October 2010 Check Amt Invoice Comment 10100 Wells Fargo CELEBRATE _ Paid W6 10/5%2010 CELEBRATE GRb E 101 -41910 -430 Miscellaneous E 609 - 49750 -340 Advertising Total CELEBRATE GREATER MOUND 10100 Wells Fargo F und Summary ,...,._�... _� - _-_ .-a__ _..N. _..... _ . TER MOUND $25.00 100510 SCARECROW CONTEST $25.00 10 0510 SCARECROW CONTEST $50.00 $50.00 10100 Wells Fargo 101 GENERAL FUND 609 MUNICIPAL LIQUOR FUND $25.00 $25.00 $50.00 • • 10107/10 7:45 AM Page 1 -2006- CITY OF MOUND CITY OF MOUND *Check Detail Register© October 2010 Check Amt Invoice Comment 10100 Wells Fargo Paid Chk# 035986 10/6/2010 FRONTIER/CITIZENS COMMUNICATIO E 222 - 42260 -321 Telephone & Cells $159.00 3320328 09 -21 -10 THRU 10 -20 -10 ETHERNET E101-42110-321 Telephone & Cells $159.00 3320328 09 -21 -10 THRU 10 -20 -10 ETHERNET E 101 -41910 -321 Telephone & Cells $159.00 3320328 09 -21 -10 THRU 10 -20 -10 ETHERNET E 101 -41920 -321 Telephone & Cells $264.77 33 20328 09 -21 -10 THRU 10 -20 -10 ETHERNET Total FRONTIERICITIZENS COMMUNICATIO $741.77 Paid Chk# 035987 10/6/20 __ .',- ._�.� -... - w 10 HUDS, WILLIAM 10/07/10 7:46 AM Page 1• G 101 -21706 Health Insurance $666.76 10 0610 REFUND PREMIUM OVERPAYMENT Total HUDSON, WILLIAM $666.76 Paid Chk# 035988 10/6/2010 MORRISON COUNTY G 101 -22801 Deposits /Escrow $220.00 10 0610 REHMANN, CASE #102503, WT #19079 Total MORRISON COUNTY $220.00 Paid Chk# 035989 10/6/2010 NAPA GUINE PARTS COMPANY E 222 -42260 -409 Other Equipment Repair $105.99 10 0610 OUTLET, PAINT, BATTERY ETC Total NAPA GUINE PARTS COMPANY $105.99 Paid Chk# 035990 10/62010 _SHEEHAN, ANDREW G 101 -23007 Erosion Control Escrow $1,000.00 10 0610 5235 PHELPS ROAD #2010 -00150 Total SHEEHAN, ANDREW $1,000.00 Paid Chk# 035991 10%6/2010 SPEEDWAY SUPERAMERICA (POLICE) E101-42110-212 Motor Fuels AM SPEEDWAY SUPERAMERICA (POLICE) Paid Chk #035992 nn_ 10%6%2010 - WACONIA DODGE E 101 - 42110 -404 Machinery/Equip Repairs /Maint Total WACONIA DODGE CHRYSLER JEEP 10100 Wells Fargo Fund Summary 10100 Wells Fargo 101 GENERAL FUND 222 AREA FIRE SERVICES $2,713.55 10 0610 THRU 09 -26 -10 GASOLINE CHARGES $2,713.55 CHRYSLER JEEP $34.03 20 823 #843 SQUAD SUPPLIES $34.03 $5,482.10 $5,217.11 $264.99 $5,482.10 u -2007- CITY OF MOUND 10/07/109:24 AM Page 1 Payments CITY OF MOUND Current Period: October 2010 Batch Name 101210SUE User Dollar Amt $310,792.33 Payments Computer Dollar Amt $310,792.33 $0.00 In Balance Refer 101210 ABDO EICK AND MEYERS, LLP Cash Payment E 601- 49400 -301 Auditing and Acct'g Servi 2005B ARBITRAGE REBATE CALC $1,500.00 Invoice 267978 -A 10/12/2010 Cash Payment E 368 -47000 -300 Professional Srvs 2005A ARBITRAGE REBATE CALC $1,500.00 Invoice 267978 -B 10/12/2010 Transaction Date 9/28/2010 Due 9/28/2010 Wells Fargo 10100 Total $3,000.00 Refer 101210 ACCURATE RADAR SPECIALTIES Cash Payment E 101 -42110 -404 Machinery/Equip Repairs LIDAR UNIT POWER CORD REPAIR $50.00 Invoice 2328 10/12/2010 Transaction Date 10/6/2010 Wells Fargo 10100 Total $50.00 Refer 101210 ALLIED WASTE SERVICES #894 Cash Payment E 101 - 42110 -384 Refuse/Garbage Disposa 10 -10 GARBAGE SERVICE $84.88 Invoice 2295035 -A 10/12/2010 Cash Payment E 222 - 42260 -384 Refuse/Garbage Disposa 10 -10 GARBAGE SERVICE $84.88 Invoice 2295035 -B 10/12/2010 Cash Payment E 101 - 43100 -384 Refuse /Garbage Disposa 10 -10 GARBAGE SERVICE $28.13 Invoice 2295038 -A 10/12/2010 Cash Payment E 601 -49400 -384 Re y fuse /Garbage Disposa 10 -10 GARBAGE SERVICE $28.13 Invoice 2295038 -B 10/12/2010 Cash Payment E 602 - 49450 -384 Refuse/Garbage Disposa 10 -10 GARBAGE SERVICE $28.14 Invoice 2295038 -C 10/12/2010 Cash Payment E 101 - 45200 -384 Refuse/Garbage Disposa 10 -10 GARBAGE SERVICE $140.29 Invoice 2293198 10/12/2010 Cash Payment E 101 - 41910 -384 Refuse/Garbage Disposa 10 -10 GARBAGE SERVICE $88.11 Invoice 2292279 10/12/2010 Cash Payment E 670 -49500 -440 Other Contractual Servic 09 -10 CURBSIDE RECYCLING $14,280.21 Invoice 2291633 10/12/2010 Transaction Date 10/6/2010 Wells Fargo 10100 Total $14,762.77 Refer 101210 AMERICAN INSTITUTE OF CERTIFI Cash Payment E 101 - 41500 -433 Dues and Subscriptions THRU 07 -31 -11 MEMBERSHIP DUES, $205.00 PAUSCHE Invoice 101210 10/12/2010 P022982 Transaction Date 10/6/2010 Wells Fargo 10100 Total $205.00 Refer 101210 APPROVED EQUAL COMPANY Cash Payment E 101 - 42110 -402 Building Maintenance HVAC SYSTEM REPAIRS $367.50 Invoice 10648 10/12/2010 P022716 Transaction Date 10/512010 Wells Fargo 10100 Total $367.50 Refer 101210 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609 - 49750 -255 Misc Merchandise For R Invoice 461027409 -A 10/12/2010 Cash Payment E 609 - 49750 -265 Freight Invoice 461027409 -B 10/12/2010 Cash Payment E 609 - 49750 -255 Misc Merchandise For R Invoice 459026606 -A 10/12/2010 ICE $153.72 10 -01 -10 DELIVERY CHARGE $1.00 ICE $79.27 11: CITY OF MOUND CITY OF MOUND Payments Current Period: October 2010 $222.83 Cash Payment E 609 - 49750 -265 Freight 09 -23 -10 DELIVERY CHARGE $1.00 Invoice 459026606 -B 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $234.99 Refer 101210 BELLBOY CORPORATION Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 55026900 10/12/2010 Cash Payment E 609 -49750 -210 Operating Supplies BAGS Invoice 84236700 -A 10/12/2010 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MERCHANDISE Invoice 84239700 -B 10/12/2010 Cash Payment E 609 - 49750 -210 Operating Supplies BAGS Invoice 84261800 -A 10/12/2010 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX Invoice 84261800 -B 10/12/2010 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE Invoice 84261800 -C 10/12/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 55119600 -A 10/12/2010 Cash Payment E 609 -49750 -265 Freight 10 -01 -10 DELIVERY CHARGE Invoice 55119600 -B 10/12/2010 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR Invoice 55095800 -A 10/12/2010 Cash Payment E 609- 49750 -265 Freight 10 -01 -10 DELIVERY CHARGE Invoice 55095800 -B 10/12/2010 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX Invoice 84218600 -A 10/12/2010 Cash Payment E 609- 49750 -210 Operating Supplies BAGS Invoice 84218600 -B 10/12/2010 Cash Payment E 609 - 49750 -255 Misc Merchandise For R MERCHANDISE Invoice 84193100 10/12/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Invoice 55097500 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total Refer 101210 RIFFS, INC PORTABLE RESTROO Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 08 -25 -10 THRU 09 -07 -10 CENTERVIEW BEACH Invoice W417697 10/12/2010 Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 08 -25-10 THRU 09 -07 -10 MOUND BAY PARK Invoice W417698 10/12/2010 Cash Payment E 101 - 45200 -410 Rentals (GENERAL) 08 -25 -10 THRU 09 -07 -10 CITY HALUSKATEPARK 10/07/10 9:24 AM Page 2 $2,642.05 $16.00 $86.00 $9.00 $19.55 $110.00 $121.00 $2.55 $362.00 $5.10 $20.40 $27.75 $145.00 $1,370.00 $4,936.40 $127.00 $328.21 $254.00 Invoice W417699 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $709.21 Refer 101210 BORDER STATES ELECTRIC SUPP Cash Payment E 101 -41910 -220 Repair /Maint Supply BULBS Invoice 901376322 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo Refer 101210 BRYAN ROCK PRODUCTS 10100 Total $222.83 11 • -2009- CITY OF MOUND 10/07/10 9:24 AM Payments Page 3 CITY OF MOUND Current Period: October 2010 Cash Payment E 602- 49450 -224 Street Maint Materials 1 2/3 SCREENED CLEAN $266.83 Invoice 101210 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $266.83 Refer 101210 CARQUEST OF NAVARRE (P/W1 Refer 101210 DANIMAL DISTRIBUTING, INCORP Cash Payment E 609 -49750 -251 Liquor For Resale BEER $162.00 Invoice 9101325 -A 10/12/2010 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $18.96 Invoice 9101325 -B 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $180.96 Refer 101210 DAY DISTRIBUTING COMPANY Cash Payment E 601 - 49400 -221 Equipment Parts GREASE GUN CREDIT —BEER $33.73 Invoice 6974 - 127245 10/12/2010 1/9/1965 Transaction Date 10/5/2010 Wells Fargo 10100 Total $33.73 Refer 101210 COCA COLA BOTTLING - MIDWEST 10/12/2010 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX BEER $143.35 • Invoice Invoice 0178053127 10/12/2010 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $143.35 Refer 101210 CONCEPT LANDSCAPING _ 10/12/2010 Cash Payment E 675 - 49425 -440 Other Contractual Servic STORM DRAIN DREDGE SHERVEN PARK $2,625.00 Invoice 101210 10/12/2010 P022140 Cash Payment E 281 - 45210 -525 Other Capital Improveme DREAMWOOD COMMONS RIP RAP $49,800.00 Invoice 101210 10/12/2010 P022144 Transaction Date 10/6/2010 Wells Fargo 10100 Total $52,425.00 Refer 101210 COPY IMAGES, INCORPORATED Cash Payment E 101 - 43100 -440 Other Contractual Servic 09 -23 -10 COPIER SERVICE CALL $41.67 • Invoice 121565 -A 10/12/2010 P021859 Cash Payment E 601- 49400 -440 Other Contractual Servic 09 -23 -10 COPIER SERVICE CALL $41.67 Invoice 121565 -B 10/12/2010 P021859 Cash Payment E 602- 49450 -440 Other Contractual Servic 09 -23 -10 COPIER SERVICE CALL $41.66 Invoice 121565 -C 10/12/2010 P021859 Transaction Date 10/6/2010 Wells Fargo 10100 Total $125.00 Refer 101210 DAHLHEIMER BEVERAGE LLC Cash Payment E 609 -49750 -252 Beer For Resale BEER $239.00 Invoice 22166 10/12/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER $46.50 Invoice 23777 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $285.50 Refer 101210 DANIMAL DISTRIBUTING, INCORP Cash Payment E 609 -49750 -251 Liquor For Resale BEER $162.00 Invoice 9101325 -A 10/12/2010 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $18.96 Invoice 9101325 -B 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $180.96 Refer 101210 DAY DISTRIBUTING COMPANY Cash Payment E 609- 49750 -252 Beer For Resale CREDIT —BEER - $11.50 Invoice 569974 1/9/1965 Cash Payment E 609- 49750 -252 Beer For Resale BEER $1,534.45 Invoice 570938 10/12/2010 Cash Payment E 609- 49750 -252 Beer For Resale BEER $36.80 • Invoice 570939 10/12/2010 Cash Payment E 609 -49750 -252 Beer For Resale BEER $758.10 Invoice 571370 10/12/2010 -2010- CITY OF MOUND 10/07/10 9:24 AM Payments Page 4 • CITY OF MOUND Current Period: October 2010 Cash Payment E 609- 49750 -252 Beer For Resale BEER $22.40 Invoice 569975 -B 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $608.35 Invoice 569974 10/12/2010 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $20.95 Invoice 569975 -A 10/12/2010 Cash Payment E 609- 49750 -252 Beer For Resale BEER $1,119.20 Invoice 571879 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Welts Fargo 10100 Total $4,088.75 Refer 101210 DELL MARKETING L.P. Cash Payment E 101 -41920 -205 Computer Hardware /Soft DESKTOP WITH ASSESSORIES $1,434.06 Invoice XF3826XR4 10/12/2010 PO 22966 Transaction Date 10/5/2010 Wells Fargo 10100 Total $1,434.06 Refer 101210 EXTREME BEVERAGE _ Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $45.00 Invoice 876380 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $45.00 Refer 101210 FRANK MADDEN AND ASSOCIATE Cash Payment E 101 - 49999 -430 Miscellaneous 08 -10 LABOR RELATIONS SERVICES $1,372.30 Invoice 101210 10/12/2010 • Transaction Date 10/6/2010 Wells Fargo 10100 Total $1,372.30 Refer 101210 G & K SERVICES Cash Payment E 101 - 45200 -218 Clothing and Uniforms 09 -27 -10 UNIFORMS $16.74 Invoice 6603024 -A 10/12/2010 Cash Payment E 101 - 45200 -210 Operating Supplies 09 -27 -10 MATS $71.32 Invoice 6603024 -B 10/12/2010 Cash Payment E 101 - 41910 -460 Janitorial Services 10 -04 -10 MATS $131.85 Invoice 6613984 10/12/2010 Cash Payment E 101 - 45200 -218 Clothing and Uniforms 10 -04 -10 UNIFORMS $20.17 Invoice 6603024 10/12/2010 Cash Payment E 101 - 45200 -210 Operating Supplies 10 -04 -10 MATS $77.01 Invoice 6606024 10/12/2010 Cash Payment E 609 -49750 -460 Janitorial Services 10 -04 -10 MATS $55.33 Invoice 6613978 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $372.42 Refer 101210 GLENWOOD INGLEWOOD Cash Payment E 101 -43100 -210 Operating Supplies 09 -22 -10 HOT AND COLD COOLER $20.25 Invoice 7084095 10/12/2010 Cash Payment E 601 -49400 -210 Operating Supplies 09 -22 -10 HOT AND COLD COOLER $20.25 Invoice 7084095 10/12/2010 Cash Payment E 602 -49450 -210 Operating Supplies 09 -22 -10 HOT AND COLD COOLER $20.26 Invoice 7084095 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $60.76 Refer 101210 GRIGGS COOPER AND COMPANY Cash Payment E 609 - 49750 -253 Wine For Resale WINE $0.00 • Invoice 464139 10/12/2010 -2011- CITY OF MOUND 10/07/10 9:24 AM ' "`-� -- Page 5 Payments CITY OF MOUND Current Period: October 2010 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $2,573.80 Invoice 464583 10/12/2010 Cash Payment E 60949750 -254 Soft Drinks /Mix For Resa MIX $66.81 Invoice 464584 10/12/2010 Cash Payment E 609- 49750 -253 Wine For Resale WINE $1,114.75 Invoice 464585 10/12/2010 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $899.60 Invoice 465567 10/12/2010 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE - $55.90 Invoice 810740 10/12/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE $47.95 Invoice 461063 10/12/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $735.55 Invoice 461062 10/12/2010 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $2,424.02 Invoice 461061 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $7,806.58 Refer 101210 HD SUPPLY WATERWORKS, LTD Cash Payment E 60149400 -220 Repair /Maint Supply COUPLINGS, CLAMPS, ETC $245.45 Invoice 1975097 10/12/2010 P022031 • Transaction Date 10/5/2010 Wells Fargo 10100 Total $245.45 Refer 101210 HEALTH ACTIVATION SERVICES, Cash Payment E 101 - 42110 -306 Personal Testing EMPLOYMENT EXAM, SIMON $97.50 Invoice 101210 10/12/2010 P022719 Cash Payment E 101 - 42110 -306 Personal Testing EMPLOYMENT EXAM, SPANJERS $97.50 Invoice 101210 10/12/2010 P022719 Transaction Date 10/5/2010 Wells Fargo 10100 Total $195.00 Refer 101210 HENNEPIN COUNTY ELECTIONS Cash Payment E 101 - 41410 -210 Operating Supplies THRU 07 -15 -10 COURIER SERVICES $400.58 Invoice 91010 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $400.58 Refer 101210 HOHENSTEINS, INCORPORATED Cash Payment E 609 - 49750 -252 Beer For Resale BEER $425.75 Invoice 534771 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $425.75 Refer 101210 HOME DEPOT /GECF (P449 Cash Payment E 101 - 43100 -226 Sign Repair Materials DOME CAP $14.16 Invoice 101210 10112/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $14.16 Refer 101210 INTRCOMM TECHNOLOGY Cash Payment E 10141920 -440 Other Contractual Servic 09 -10 UTILITY SERVICE $1,800.00 Invoice 121619 10/12/2010 Transaction Date 10/6/2010 Wells Fargo 10100 Total $1,800.00 Refer 101210 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609 - 49750 -253 Wine For Resale CREDIT —WINE -$4.00 Invoice 472847 10/12/2010 -2012- CITY OF MOUND 10/07/10 9:24 AM Page 6 � Payments J CITY OF MOUND • Current Period: October 2010 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $2,394.38 Invoice 1917911 10/12/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,194.55 Invoice 1917912 10/12/2010 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX $34.25 Invoice 1917913 10/12/2010 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,183.09 Invoice 1913625 10/12/2010 Cash Payment E 609- 49750 -253 Wine For Resale WINE $3,361.05 Invoice 1913626 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $29.25 Invoice 1913627 10/12/2010 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Rasa MIX $32.49 Invoice 1913628 10/12/2010 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $488.65 Invoice 1913629 10/12/2010 Cash Payment E 609 - 49750 -253 Wine For Resale CREDIT —WINE - $12.40 Invoice 468378 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $8,701.31 Refer 101210 LAKESHORE WEEKLY COMMUNIC Cash Payment E 609 - 49750 -340 Advertising 09 -28 -10 ADVERTISING $720.00 • Invoice 123852 10/12/2010 Transaction Date 10/6/2010 Wells Fargo 10100 Total $720.00 Refer 101210 LAWSON PRODUCTS, INC Cash Payment E 101 - 43100 -230 Shop Materials HEX NUTS $20.08 Invoice 9592588 -A 10/12/2010 Cash Payment E 601- 49400 -230 Shop Materials HEX NUTS $20.08 Invoice 9592588 -B 10/12/2010 Cash Payment E 602- 49450 -230 Shop Materials HEX NUTS $20.09 Invoice 9592588 -C 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $60.25 Refer 101210 LEAGUE MN CITIES INSURANCE T Cash Payment E 101 - 41110 -361 General Liability Ins 4TH QTR GEN LIABILITY $1,846.62 Invoice 35081 10/12/2010 Cash Payment E 101 -41310 -361 General Liability Ins 4TH QTR GEN LIABILITY $545.57 Invoice 35081 10/12/2010 Cash Payment E 101 -41500 -361 General Liability Ins 4TH QTR GEN LIABILITY $703.97 Invoice 35081 10/12/2010 Cash Payment E 101 -41600 -361 General Liability Ins 4TH QTR GEN LIABILITY $129.06 Invoice 35081 10/12/2010 Cash Payment E 101 - 41910 -361 General Liability Ins 4TH QTR GEN LIABILITY $284.52 Invoice 35081 10/12/2010 Cash Payment E 101 - 42110 -361 General Liability Ins 4TH QTR GEN LIABILITY $4,147.53 Invoice 35081 10/12/2010 Cash Payment E 101 - 42115 -361 General Liability Ins 4TH QTR GEN LIABILITY $58.66 Invoice 35081 10/12/2010 • Cash Payment E 101 - 42400 -361 General Liability Ins 4TH QTR GEN LIABILITY $668.77 Invoice 35081 10/12/2010 -2013- Refer 101210 MOUND FIRE RELIEF ASSOCIATIO Cash Payment E 222 -42260 -124 Fire Pens Contrib 2010 STATE FIRE AID $70,104.00 Invoice 03681100100 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $78,104.00 . Refer 101210 MUZAK - MINNEAPOLIS Cash Payment E 609 - 49750 -440 Other Contractual Servic 10 -10 MUSIC SERVICE $102.73 Invoice A675780 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fps^^ 10100 Total $102.73 -2014- CITY OF MOUND 10/07/10 9:24 AM Page 7 Payments CITY OF MOUND Current Period: October 2010 Cash Payment E 101 - 43100 -361 General Liability Ins 4TH QTR GEN LIABILITY $4,232.59 Invoice 35081 10/12/2010 Cash Payment E 101 - 45200 -361 General Liability Ins 4TH QTR GEN LIABILITY $956.22 Invoice 35081 10/12/2010 Cash Payment E 222 - 42260 -361 General Liability Ins 4TH QTR GEN LIABILITY $5,118.41 Invoice 35081 10/12/2010 Cash Payment E 281 - 45210 -361 General Liability Ins 4TH QTR GEN LIABILITY $563.18 Invoice 35081 10/12/2010 Cash Payment E 285 - 46388 -361 General Liability Ins 4TH QTR GEN LIABILITY $0.00 Invoice 35081 10/12/2010 Cash Payment E 601 - 49400 -361 General Liability Ins 4TH QTR GEN LIABILITY $4,317.65 Invoice 35081 10/12/2010 Cash Payment E 602- 49450 -361 General Liability Ins 4TH QTR GEN LIABILITY $3,995.00 Invoice 35081 10/12/2010 Cash Payment E 609- 49750 -361 General Liability Ins 4TH QTR GEN LIABILITY $5,997.25 Invoice 35081 10/12/2010 Transaction Date 10/6/2010 Wells Fargo 10100 Total $33,565.00 Refer 101210 MARK VII DISTRIBUTOR Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa CREDIT —MIX - $84.99 Invoice 730 10/12/2010 Payment E 609 - 49750 -252 Beer For Resale BEER $1,728.56 • Cash Invoice 660407 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $2,733.70 Invoice 660407 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $4,377.27 Ref ...:. er 101210 MEDTOX LABRATORIES Cash Payment E 101 - 42110 -305 Medical Services DRUG SCREENING, SPANJER $34.07 Invoice 08201015956 10/12/2010 P022715 Cash Payment E 101 - 42110 -305 Medical Services DRUG SCREENING, SIMON $34.07 Invoice 08201015956 10/12/2010 P0227115 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $68.14 Refer 101210 MERTZ, CRAIG M. LAW OFFICE Cash Payment E 101 - 41600 -304 Legal Fees 09 -10 PROSECUTION SERVICES $7,096.55 Invoice 101210 10/12/2010 Transaction Date 10/6/2010 Wells Fargo 10100 Total $7,096.55 Refer 121210 MINNEHAHA BUILDING MAINTENA Cash Payment E 609 - 49750 -400 Repairs & Maintenance 08 -30 WASH WINDOWS $65.44 Invoice 921076408 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $65.44 Refer 101210 MOUND FIRE RELIEF ASSOCIATIO Cash Payment E 222 -42260 -124 Fire Pens Contrib 2010 STATE FIRE AID $70,104.00 Invoice 03681100100 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $78,104.00 . Refer 101210 MUZAK - MINNEAPOLIS Cash Payment E 609 - 49750 -440 Other Contractual Servic 10 -10 MUSIC SERVICE $102.73 Invoice A675780 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fps^^ 10100 Total $102.73 -2014- CITY OF MOUND CITY OF MOUND Payments Current Period: October 2010 Refer 101210 NELSON ELECTRIC MOTOR REPAI Cash Payment E 602 -49450 -400 Repairs & Maintenance LIFT STATION MAINTENANCE $663.75 Invoice 4076 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $663.75 Refer 92710 NORLINGS LAKE MINNETONKA LA • Cash Payment E 401 - 43109 -500 Capital Outlay FA 4801, 4781 ISLAND VIEW DRIVE $75.00 Invoice 24592 10/12/2010 Project PWO902 Cash Payment G 101 -13100 Due From Other Funds 2020 COMMERCE BLVD $200.00 Invoice 24592 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $275.00 Refer 101210 OFFICE DEPOT Cash Payment E 101 - 45200 -200 Office Supplies INKJET CARTRIDGE $132.73 Invoice 534995062001 10/12/2010 P022139 Cash Payment E 101 - 41110 -200 Office Supplies PAPER $34.60 Invoice 535116625001 -A 10/12/2010 P022977 Cash Payment E 101 - 41310 -200 Office Supplies PAPER $31.14 Invoice 535116625001 -B 10/12/2010 PO 22977 Cash Payment E 101 - 41500 -200 Office Supplies PAPER, TONER CARTRIDGE $278.77 Invoice 535116625001 -C 10/12/2010 P022977 Cash Payment E 101 - 42400 -200 Office Supplies PAPER $25.95 Invoice 535116625001 -D 10/12/2010 P022977 • Cash Payment E 101 - 45200 -200 Office Supplies PAPER $12.11 Invoice 535116625001 -E 10/12/2010 PO 22977 Cash Payment E 101 - 43100 -200 Office Supplies PAPER $8.65 Invoice 535116625001 -F 10/12/2010 PO 22977 Cash Payment E 609 - 49750 -200 Office Supplies PAPER $5.20 Invoice 535116625001 -G 10/12/2010 P022977 Cash Payment E 601 - 49400 -200 Office Supplies PAPER $10.38 Invoice 535116625001 -H 10/12/2010 PO 22977 Cash Payment E 602 - 49450 -200 Office Supplies PAPER $10.38 Invoice 535116625001 -1 10/12/2010 PO 22977 Cash Payment E 101 -41110 -200 Office Supplies MISCELLAENOUS OFFICE SUPPLIES -$0.53 Invoice 534038086001 -A 10/12/2010 PO 22761 Cash Payment E 101 - 41310 -200 Office Supplies MISCELLAENOUS OFFICE SUPPLIES -$1.49 Invoice 534038086001 -B 10/12/2010 PO 22761 Cash Payment E 101 - 41500 -200 Office Supplies MISCELLAENOUS OFFICE SUPPLIES -$2.02 Invoice 534038086001 -C 10/12/2010 P022761 Cash Payment E 101 - 42400 -200 Office Supplies MISCELLAENOUS OFFICE SUPPLIES -$1.14 Invoice 534038086001 -D 10112/2010 PO 22761 Cash Payment E 101 -45200 -200 Office Supplies MISCELLAENOUS OFFICE SUPPLIES -$0.88 Invoice 534038086001 -E 10/12/2010 PO 22761 Cash Payment E 101 - 43100 -200 Office Supplies MISCELLAENOUS OFFICE SUPPLIES -$0.62 Invoice 534038086001 -F 10/12/2010 PO 22761 Cash Payment E 609 -49750 -200 Office Supplies MISCELLAENOUS OFFICE SUPPLIES -$0.53 Invoice 534038086001 -G 10/12/2010 PO 22761 Cash Payment E 601 -49400 -200 Office Supplies MISCELLAENOUS OFFICE SUPPLIES -$0.79 Invoice 534038086001 -H 10/12/2010 PO 22761 • Cash Payment E 602 - 49450 -200 Office Supplies MISCELLAENOUS OFFICE SUPPLIES -$0.79 Invoice 534038086001 -1 10/12/2010 P022761 -2015- 10/07/10 9:24 AM Page 8 • CITY OF MOUND CITY OF MOUND Payments Current Period: October 2010 10/07/10 9:24 AM Page 9 Cash Payment E 101 - 43100 -200 Office Supplies WALL CALENDAR, CALENDAR REFILL $23.70 Invoice 534294512001 -A 10/12/2010 PO 21848 Cash Payment E 609 - 49750 -265 Freight CREDIT — DELIVERY CHARGE Cash Payment E 601 -49400 -200 Office Supplies WALL CALENDAR, CALENDAR REFILL $23.70 Invoice 534294512001 -B 10/12/2010 PO 21848 Invoice 8276133 -A 10/12/2010 Invoice 2969259 Cash Payment E 602- 49450 -200 Office Supplies WALL CALENDAR, CALENDAR REFILL $23.71 Invoice 534294512001 -C 10/12/2010 PO 21848 • Cash Payment E 609 -49750 -253 Wine For Resale WINE Transaction Date 9/30/2010 Wells Fargo 10100 Total $612.23 Refer 101210 PARAGON RESTORATION 11 LLC Invoice 8275290 -B 10/12/2010 Invoice 2966153 Cash Payment E 285 - 46388 -440 Other Contractual Servic CLEAN PARKING DECK $2,160.00 Invoice 10- 126 -01 10/12/2010 Cash Payment E 609 - 49750 -265 Freight 10 -04 -10 DELIVERY CHARGE Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $2,160.00 Refer 101210 PAUSTIS AND SONS WINE COMPA Cash Payment E 609- 49750 -253 Wine For Resale CREDIT —WINE Invoice 8276352 -A 10/12/2010 E 609 - 49750 -251 Liquor For Resale Cash Payment E 609 - 49750 -265 Freight CREDIT — DELIVERY CHARGE Invoice 8276352 -B 10/12/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Invoice 8276133 -A 10/12/2010 Invoice 2969259 Cash Payment E 609 - 49750 -265 Freight 09 -27 -10 DELIVERY CHARGE Invoice 8276133 -B 10/12/2010 E 609- 49750 -251 Liquor For Resale • Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 8275290 -A 10/12/2010 Cash Payment E 609 -49750 -265 Freight 09 -20 -10 DELIVERY CHARGE Invoice 8275290 -B 10/12/2010 Invoice 2966153 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Invoice 8277204 -A 10/12/2010 E 609- 49750 -252 Beer For Resale Cash Payment E 609 - 49750 -265 Freight 10 -04 -10 DELIVERY CHARGE Invoice 8277204 -B 10/12/2010 - $126.00 -$2.25 $793.72 $16.25 $143.00 $2.25 $345.73 $8.75 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total Refer 101210 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR Invoice 2969258 10/12/2010 Cash Payment E 609- 49750 -253 Wine For Resale WINE Invoice 2969259 10/12/2010 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR Invoice 2966152 10/12/2010 Cash Payment E 609- 49750 -253 Wine For Resale WINE Invoice 2966153 10/12/2010 Cash Payment E 609- 49750 -252 Beer For Resale BEER Invoice 2966154 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Refer 101210 PUSH PEDAL PULL EXERCISE EQ Cash Payment E 101- 41910 -401 Building Repairs BATTERIES AND REPAIRS Invoice 24393 -A 10/12/2010 P022711 • Cash Payment E 101 - 42110 -402 Building Maintenance BATTERIES AND REPAIRS Invoice 24393 -B 10/12/2010 P022711 Cash Payment E 222 - 42260 -402 Building Maintenance BATTERIES AND REPAIRS Invoice 24393 -C 10/12/2010 P022711 -2016- $1,181.45 $592.20 $909.90 $910.00 $537.55 $180.00 Total $3,129.65 $64.36 $104.93 $104.93 CITY OF MOUND 10/07/10 9:24 AM Payments Page 10 CITY OF MOUND Current Period: October 2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $274.22 Refer 101210 QUALITY WINE AND SPIRITS _ Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $4,385.20 Invoice 362803 10/12/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $538.45 Invoice 362781 10/12/2010 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $66.07 Invoice 362610 10/12/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $100.88 Invoice 362609 10/12/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $346.00 Invoice 359886 10/12/2010 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,937.20 Invoice 359895 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $7,373.80 Refer 101210 SCHARBER AND SONS OF LONG L Cash Payment E 101 - 45200 -409 Other Equipment Repair MOWER REPAIR PARTS $3,416.36 Invoice 12397 10/12/2010 Transaction Date 10/6/2010 Wells Fargo 10100 Total $3,416.36 Refer 101210 SHANKEN COMMUNICATIONS, INC Cash Payment E 609 - 49750 -255 Misc Merchandise For R 10 -15 -10 PUBLICATION $15.00 Invoice 676838 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $15.00 Refer 101210 SHI INTERNATIONAL CORPORA T/ Cash Payment E 101 - 42110 -205 Computer Hardware /Soft LAPTOPS, HARDWARE $19,190.48 Invoice 800144768 10/12/2010 P022714 Transaction Date 10/6/2010 Wells Fargo 10100 Total $19,190.48 Refer 101210 STONEBROOKE EQUIPMENT, INC � Cash Payment E 101 -43100 -500 Capital Outlay FA #1105 BLIZZARD PLOW SET -UP $5,843.34 Invoice 15770 10/12/2010 P021857 Transaction Date 10/5/2010 Wells Fargo 10100 Total $5,843.34 Refer 101210 STREICHER S Cash Payment G 101 -22803 Police Reserves UNIFORMS $129.99 Invoice 1771153 10/12/2010 P022709 Cash Payment E 101- 42115 -210 Operating Supplies GUN MOUNT $59.98 Invoice 1770911 10/12/2010 P022713 Cash Payment E 222 -42260 -210 Operating Supplies UNIFORMS, PEDERSON $60.00 Invoice 1763198 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo Refer 101210 SUBURBAN TIRE WHOLESALE, IN Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs TIRES Invoice 10093750 10/12/2010 Transaction Date 10/5/2010 Wells Fargo Refer 101210 S UN PATRIOIT NEWSPAPER Cash Payment Invoice 1012627 10100 Total $249.97 $178.85 10100 Total $178.85 G 101 -23227 5248 Sulgrove Rd #10- 03/04/ 09 -18 -10 5248 SULGROVE RD #10- 03/04105 10/12/2010 $36.75 is • • -2017- CITY OF MOUND 10107/10 9:24 AM Page 11 Payments CITY OF MOUND -2018- Current Period: October 2010 Cash Payment G 101 -23233 5200 Maywood Road #10 -10 09 -18 -10 5200 MAYWOOD ROAD #10 -10 CUP $44.10 Invoice 1012624 10/12/2010 Cash Payment E 101 - 41110 -351 Legal Notices Publishing 09 -18 -10 STREET ASSESSMENT HEARING $265.65 Invoice 1012619 10/1212010 Cash Payment E 101 - 41110 -351 Legal Notices Publishing 09 -18 -10 ISLAND VIEW ASSESSMENT $189.75 Invoice 1012613 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $536.25 Refer 101210 TAYLOR, J.J. DISTRIBUTING MINN Cash Payment E 609 -49750 -252 Beer For Resale CREDIT —BEER - $12.00 Invoice 1058009 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $40.25 Invoice 1426314 -A 10/12/2010 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX $38.80 Invoice 1426314 -B 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $2,223.13 Invoice 1426313 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale CREDIT —BEER -$7.00 Invoice 998434 10/12/2010 Cash Payment E 609- 49750 -252 Beer For Resale BEER $179.00 Invoice 1426325 10/12/2010 Payment E 609- 49750 -252 Beer For Resale BEER $29.10 • Cash Invoice 1058007 10/12/2010 Cash Payment E 609 - 49750 -254 Soft Drinks /Mix For Resa MIX $44.60 Invoice 1426281 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $2,897.14 Invoice 1426280 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $31.00 Invoice 1426350 10/12/2010 Cash Payment E 609- 49750 -252 Beer For Resale BEER $2,663.90 Invoice 1426349 10/12/2010 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $8,127.92 Refer 101210 THORPE DISTRIBUTING COMPAN Cash Payment E 609 - 49750 -252 Beer For Resale BEER $34.75 Invoice 610057 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $8,728.30 Invoice 610062 10/12/2010 Cash Payment E 609- 49750 -252 Beer For Resale BEER $175.00 Invoice 772643 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $56.00 Invoice 772635 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $422.00 Invoice 772555 10/12/2010 Cash Payment E 609- 49750 -252 Beer For Resale BEER $171.70 Invoice 609090 10/12/2010 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $1,747.10 609091 10/12/2010 • Invoice Cash Payment E 609- 49750 -252 Beer For Resale BEER $120.00 Invoice 610956 -A 10/12/2010 -2018- CITY OF MOUND E 609 - 49750 -251 Liquor For Resale 10/07/10 9:24 AM _ 10/12/2010 Page 12 Payments E 609 -49750 -253 Wine For Resale WINE CITY OF MOUND 10/12/2010 Current Period: October 2010 E 609- 49750 -265 Freight 09 -30 -10 DELIVERY CHARGE Cash Payment E 60949750 -254 Soft Drinks /Mix For Resa MIX 10/12/2010 $38.00 Invoice 610956 -B 10/12/2010 E 609 - 49750 -253 Wine For Resale WINE Cash Payment E 609 - 49750 -252 Beer For Resale BEER 10/12/2010 $1,710.25 Invoice 610957 10/12/2010 E 609 - 49750 -251 Liquor For Resale LIQUOR Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $13,203.10 Refer 101210 TRUAX, TODD E 609 -49750 -265 Freight 09 -22 -10 DELIVERY CHARGE Cash Payment E 101 - 41920 -309 EDP, Software and Desi REVIEW SERVER NEEDS 10/12/2010 $50.00 Invoice 10 -00039 10/12/2010 9/30/2010 Wells Fargo 10100 Total Transaction Date 10/6/2010 Wells Fargo 10100 Total $50.00 Refer 101210 UNIFORMS UNLIMITED Cash Payment E 101 - 42110 -218 Clothing and Uniforms VEST, SUSSMAN $756.10 Invoice 47277 10/12/2010 P022697 Transaction Date 10/5/2010 Wells Fargo 10100 Total $756.10 Refer 101210 V & S JEWELERS Cash Payment E 609 - 49750 -400 Repairs & Maintenance ALARM SYSTEM BATTERIES $20.31 Invoice 101210 10/12/2010 P022259 Transaction Date 10/5/2010 Wells Fargo 10100 Total $20.31 Refer 101210 VINOCOPIA, INCORPORATED Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR Invoice 30137 -A 10/12/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 30137 -B 10/12/2010 Cash Payment E 609- 49750 -265 Freight 09 -30 -10 DELIVERY CHARGE Invoice 30137 -C 10/12/2010 Cash Payment E 609 - 49750 -253 Wine For Resale WINE Invoice 29876 -A 10/12/2010 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR Invoice 29876 -B 10/12/2010 Cash Payment E 609 -49750 -265 Freight 09 -22 -10 DELIVERY CHARGE Invoice 29876 -C 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total Refer 101210 WIDMER CONSTRUCTION, LLC $529.50 Cash Payment G 602 -16325 Fixed Asset - Distribution Sys 07 -01 -10 SHERVEN LIFT STATION $540.00 Invoice 2832 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $540.00 Refer 101210 WILKUS ARCHITECTS, INCORPOR Cash Payment E 401 -46570 -300 Professional Srvs 08 -10 PUMPHOUSE $2,711.03 Invoice 18646 10/12/2010 Project PW0808 Transaction Date 9/27/2010 Due 9/27/2010 Wells Fargo 10100 Total $2,711.03 Refer 101210 WINE CO MPANY Cash Payment E 609 -49750 -253 Wine For Resale Invoice 252329 -A 10/12/2010 Cash Payment E 609- 49750 -265 Freight Invoice 252329 -B 10/12/2010 Cash Payment E 609 - 49750 -253 Wine For Resale Invoice 251781 -A 10/12/2010 WINE $72.00 is • 10 -30 -10 DELIVERY CHARGE $4.20 • WINE $336.00 $157.00 $144.00 $10.00 $112.00 $101.50 $5.00 -2019- -2020- CITY OF MOUND 10/07/10 9:24 AM \\ Payments Page 13 i i CITY OF MOUND Current Period: October 2010 Cash Payment E 609 -49750 -265 Freight 09 -23 -10 DELIVERY CHARGE $8.25 Invoice 251781 -B 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $420.45 Refer 101210 WINE CONNECT Cash Payment E 609 - 49750 -340 Advertising 10 -10 MANAGE WEBSITE $95.12 Invoice 652 10/12/2010 Transaction Date 10/6/2010 Wells Fargo 10100 Total $95.12 Refer 101210 WINE MERCHANTS Cash Payment E 609- 49750 -253 Wine For Resale WINE $1,432.50 Invoice 333957 10/12/2010 Cash Payment E 609 -49750 -253 Wine For Resale WINE $204.00 Invoice 333073 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $1,636.50 Refer 101210 WINE NEWS INCORPORATED Cash Payment E 60949750 -255 Misc Merchandise For R 10 -10 PUBLICATION $14.85 Invoice 671753 10/12/2010 Transaction Date 9/30/2010 Wells Fargo 10100 Total $14.85 Ref ...., er 101210 WORLD CLASS WINES, INCORPO _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $304.00 • Invoice 254876 -A 10/12/2010 Cash Payment E 609 - 49750 -265 Freight 09 -27 -10 DELIVERY CHARGE $7.00 Invoice 254876 -B 10/12/2010 Cash Payment E 60949750 -253 Wine For Resale WINE $240.03 Invoice 255033 -A 10/12/2010 Cash Payment E 609 -49750 -265 Freight 09 -29 -20 DELIVERY CHARGE $7.00 Invoice 255033 -B 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $558.03 Refer 101210 WSB AND ASSOCIATES, / NCORPO Cash Payment E 675 - 49425 -300 Professional Srvs 08 -10 MCWD RULE REVIEW $670.00 Invoice 6 10/12/2010 Cash Payment E 401 - 43160 -300 Professional Srvs 08 -10 STREET LIGHT PROJECT $7,288.50 Invoice 6 10/12/2010 Transaction Date 10/5/2010 Wells Fargo 10100 Total $7,958.50 -2020- CITY OF MOUND CITY OF MOUND Payments 10/07/10 9:24 AM Page 14 Current Period: October 2010 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 285 MOUND HRA 368 G.O. 2005 - A Improvements 401 GENERAL CAPITAL PROJECTS 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND 10100 Wells Fargo $59,320.95 $83,472.22 $50,363.18 $2,160.00 $1,500.00 $10,074.53 $6,240.25 $5,609.03 $74,476.96 $14,280.21 $3,295.00 $310,792.33 Pre -Written Check $0.00 Checks to be Generated by the Compute $310,792.33 Total $310,792.33 • • 1 -2021- WSB �& Assoc Engineering ■ Planning ■ Environmental ■ Construction • October 1, 2010 Carlton Moore City of Mound 129 Holmes Street S. Mound, MN 55379 -1328 Re: S.P. #145- 030 -01 ESTEA TOES (03 1) WSB Project No. 01878 -00 Dear Mr. Moore: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541 -4800 Fax: 763 541 -1700 Please find enclosed Pay Voucher No. 4 for the referenced project for your review and approval. The quantities completed to date have been reviewed and agreed upon by the Contractor, and we hereby recommend that the City of Mound approve Construction Pay Voucher No. 4 and • proceeds with processing the payment. If you have any questions or comments regarding this voucher, please contact me at (612) 363- 4094. Thank you. Sincerely, WSB & Associates, Inc. Jeff Michniewicz Project Inspector Enclosures c: Luke Tulenchik — Egan Company • Minneapolis ■ St. Cloud Equal Opp -2022 mployer c:v. MDa YE,em.rcwvwc.� A WS8 clr tssv Inc, Owner: City of Mound 5341 Maywood Rd Mound, MN 55364 -1627 For Period: 8/31/2010 to 9/30/2010 Contractor: Egan Company 7625 Boone Avenue North Brooklyn Park, MN 55428 Pay Voucher Mound - Street Light ARRA Project Client Contract No.: Project No.: 01878 -00 Client Project No.: S.P. 145 - 030 -01 Date: 9/30/2010 Request No.: 4 • Project Summary 1 Original Contract Amount $910,019.50 2 Contract Changes - Addition $91,267.02 3 Contract Changes - Deduction $0.00 4 Revised Contract Amount $1,001,286.52 5 JValue Completed to Date $566,000.40 6 . Material on Hand $343,532.63 7 Amount Earned $909,533.03 8 Less Retainage 5% $45,476.65 9 Subtotal $864,056.38 10 Less Amount Paid Previously $419,410.26 11 Liquidated Damages $0.00 12 JAMOUNT DUE THIS PAY VOUCHER NO. 4 1 1 $444,646.12 THIS IS TO CERTIFY THAT THE ITEMS OF WORK SHOWN IN THIS CERTIFICATE OF PARTIAL PAYMENT HAVE BEEN ACTUALLY FINISHED FOR THE WORK COMPRISING THE ABOVE MENTIONED PROJECTS IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED. Recommended for Approval by: Construction Observer: WSB 8 Associ at s, 4 If- Approved by on ctor: Appro d by Owner: Egan ran City of Mound Specified Contract Completion Date: Date: 11/30/2010 Comment: Material on hand previous pay voucher: $164204.63; Material on hand, $179,328, Item #89. • -2023- Page 1 C7 TIA b I 1'k(.0 Works - c,tc.cd - LABOR AGREEMENT between THE CITY OF MOUND and 0 MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 Representing MAINTENANCE PERSONS EFFECTIVE JANUARY 1, 201009 THROUGH DECEMBER 31, 201009 • Field Code Changed -2024- r� TABLE OF CONTENTS f Formatted: Top: 0.9 ", Bottom: 0.9" ARTICLE PAGE ARTICLE I Purpose of Agreement .................................................... ..............................1 ARTICLE 11 Recognition .................................................................... ..............................1 ARTICLEIII Union Security ............................................................... ..............................1 ARTICLE IV Employer Security .......................................................... ..............................2 ARTICLE V Employer Authority ....................................................... ..............................2 ARTICLE VI Employee Rights - Grievance Procedure ....................... ..............................3 ARTICLEVII Definitions ...................................................................... ..............................5 ARTICLE VIII Savings Clause ............................................................... ..............................6 ARTICLE IX Work Schedule ............................................................... ..............................6 ARTICLE X Overtime Pay .................................................................. ..............................6 ARTICLE XI Call Back ........................................................................ ..............................7 ARTICLEXII On Call Pay .................................................................... ..............................7 ARTICLE XIII Standby Pay .................................................................... ..............................7 ARTICLE XIV Legal Defense ................................................................. ..............................7 ARTICLE XV Discipline ....................................................................... ..............................8 ARTICLE XVI Seniority, Layoff & Recal l ............................................. ..............................8 ARTICLE XVII Probationary Periods ...................................................... ..............................9 • ARTICLE XVIII Safety ............................................................................. ..............................9 ARTICLE XIX Job Postings ................................................................... ..............................9 ARTICLE XX Insurance ....................................................................... .............................10 ARTICLEXXI Holidays ........................................................................ .............................11 ARTICLE XXII Vacation Schedule ........................................................ .............................11 ARTICLE XXIII Sick Leave and Family Medical Leave Act ( FMLA) .... .............................11 ARTICLE XXIV Severance Pay ............................................................... .............................13 ARTICLE XXV Funeral Leave ................................................................ .............................13 ARTICLE XXVI Uniforms and Licenses .................................................. .............................13 ARTICLE XXVII Eye Examinations ......................................................... .............................14 ARTICLE XXVIII Safety Glasses ............................................................... .............................14 ARTICLE XXIX Working Out of Classification ...................................... .............................14 ARTICLEXXX Wages ............................................................................ .............................14 ARTICLEXXXI Waiver .......................................................................... .............................14 ARTICLE XXXII Non - Discrimination ...................................................... .............................15 ARTICLE XXXIII Duration ........................................................................ .............................15 Memorandum of Agreement — Choice of Remedies .... .............................16 Memorandum of Agreement — On Call Trading and Give Away ..............17 -2025- • LABOR AGREEMENT between THE CITY OF MOUND and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL #320 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is entered into between the City of Mound, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, hereinafter called the Union. The intent of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes, concerning this Agreement's interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and . 1.4 Place in written form, the parties' agreement upon terms and conditions of employment, for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 3, as an appropriate bargaining unit, consisting of the following job classifications: Maintenance Person ARTICLE III. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 3.1 Deduct each payroll period, an amount sufficient to provide the payment of dues established by the Union, from the wages of all employees authorizing in writing such deduction, or a "fair share" deduction, as provided in Minnesota Statutes, Section 179A.06, Subdivision 3, if the employee elects not to become a member of the Union. -2026- • 3.2 Remit such deduction to the appropriate designated officer of the Union. 3.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer, in writing, of such choice. 3.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slowdown or other interruption of or interference with the normal functions of the Employer. 4.2 An employee who engages in a strike may have his /her appointment terminated by the Employer, effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment, without permission, or who abstains wholly or in part, from the full performance of his/her duties, without permission from his /her Employer, on the date or dates when a strike occurs, is prima facie presumed to have engaged in a strike on such date or dates. • 4.4 An employee who knowingly strikes and whose employment has been terminated for such action, may subsequent to such violation, be appointed or reappointed or employed or reemployed, but the employee shall be on probation for two (2) years with respect to such tenure of employment, or contract of employment, as he /she may have heretofore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he /she engaged in a strike. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer, to modify, establish or eliminate. • -2027- ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance. A grievance is a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representative. The Employer will recognize representatives designated by the Union, as the grievance representatives of the bargaining unit, having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union representatives and of their successors, when so designated. 6.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances, as hereinafter provided, is limited by the job duties and responsibilities of the employees and, therefore, shall be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure. Grievances, as defined by Section 6. 1, shall be resolved in conformance with the following procedure. . STEP 1. An employee, claiming a violation concerning the interpretation or application of this Agreement shall, within fourteen (14) working days after such alleged violation has occurred, present such grievance to the employee's immediate supervisor, as designated by the Employer. The Employer- designated representative, will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision of the Agreement allegedly violated and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days, shall be considered waived. STEP 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 2 representative, City Manager. The Employer- designated representative shall give the Union the Employer's Step 2 answer, in writing, within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. STEP 2A. If the Employer and the Union mutually agree, a grievance unresolved in Step 2 may be submitted to the Minnesota Bureau of Mediation Services for mediation within ten (10) calendar days following the Step 2 Employer response. If the grievance is submitted to • -2028- • mediation and is not resolved, it may be appealed to Step 3 within ten (10) calendar days of the date of the mediation meeting. Any grievance not appealed in writing to Step 3 within said ten (10) calendar day period shall be considered waived. STEP 3. A grievance unresolved in Step 2 or Step 2A and appealed to Step 3 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. If the Public Employment Relations Board begins operating in the future, the reference herein to Bureau of Mediation Services will revert back to the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms and conditions of this Agreement. The arbitrator shall consider and decide on the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue, not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way, the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of • briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next Step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limit, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next Step. The time limit in each Step may be extended by mutual agreement of the Employer and the Union. • -2029- r� 6.7 Choice of Remedy If, as a result of the written Employer response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article VI or a procedure such as: Veterans Preference or Fair Employment. If appealed to any procedure other than Step 3 of Article VI, the grievance is not subject to the arbitration procedure, as provided in Step 3 of Article VI. The aggrieved employee shall indicate, in writing, which procedure is to be utilized, Step 3 of Article VI or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 3 of Article VI. • • ARTICLE VII. DEFINITIONS 7.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 7.2 EMPLOYER: The City of Mound, Minnesota. 7.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The employee's hourly pay rate, exclusive of longevity or any other special allowances. 7.6 SENIORITY: Length of continuous service with the Employer. 7.7 COMPENSATORY TIME: Time off the employee's regularly scheduled work schedule, equal in time to overtime worked. 7.8 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 7.9 OVERTIME: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.10 CALL BACK: Return of an employee to a specific work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or an early report to an assigned shift is not a call back. 7.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, 5 -2030- • faithful and proper performance of the duties of employment for the purpose of introducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 7.12 WORK YEAR: The work year shall consist of 2,080 hours and shall run from 12:01 a.m., January 1 through 12:00 Midnight, December 31. ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Mound. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time limits provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX. WORK SCHEDULE 9.1 The sole authority in work schedules is the Employer. The normal work day for any employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal or annual basis, other than the normal 7:00 a.m. - 3:30 p.m. day. The • Employer will give 48 hours advance notice to the employee affected by the establishment of work days different from the employee's normal eight (8) hour work day. The 48 hour advance notice requirement shall not apply to emergencies, snow - related events, early call outs or shift extensions. In these events, the employee will be given the option of extending the eight hour shift and work up to three hours of overtime, with supervisor approval. The supervisor retains the right to require additional overtime in these situations. 9.3 In the event that work is required because of unusual circumstances, such as, but not limited to, fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee, working other than the normal work day, be scheduled to work more than eight (8) hours. However, each employee has an obligation to work overtime on call backs, if requested, unless unusual circumstances prevent him/her from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and /or Sundays. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours, within a twenty-four (24) hour period, except for shift changes, or more than forty (40) hours within a seven (7) day period, will be compensated for at one and one -half (1 %z) times the employee's regular base pay rate. All work performed -2031- • on Sundays shall be compensated for at two and one -half (2'/2) times the employee's regular base pay rate, unless Sundays fall within the provisions of Article IX, 9.4. 10.2 Overtime will be distributed as equally as practicable. 10.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.4 Holiday pay shall be paid at a rate three and one -half (3'/2) times the employee's regular base pay rate. 10.5 All maintenance persons and represented by the aforementioned Union, are hereby eligible for compensatory time off in lieu of overtime or holiday worked. Comp time is accrued at the overtime rates as described above in Section 10.1 and 10.4 for each hour of overtime or holiday worked. At no time will any employee be allowed to accrue more than sixty (60) hours of comp time. The employee may request the use of accumulated comp time at any time. The City will attempt to allow the employee to take the time off within a reasonable time of the request unless the operations of the department will be unduly disrupted by the employee's absence. ARTICLE XI. CALL BACK An employee called in for work at a time other than his /her normal scheduled shift will be • compensated for a minimum of two (2) hours pay at one and one -half (1' /2) times the employee's regular base pay rate, except on Sunday when it shall be two and one -half (2% ) times the employee's regular base pay rate or on holidays when it shall be three and one -half (3' /z) times the employee's regular base pay rate. ARTICLE XII. ON CALL PAY If an employee is assigned to be "on call" for a twenty -four (24) hour period (over weekends, holidays or other specifically assigned periods), the employee shall remain accessible and will personally able to report to the Public Works Building within 30 minutes dependent upon the circumstances, of a call The employee will receive two (2) hours of pay at one and one -half (1 -1/2) times the employee's regular base pay rate if on a weekday evening and will receive four (4) hours of pay at one and one -half (1' /z) times the employee's regular base pay rate if on Saturday; at two and one -half (2' /z) times the employee's regular base pay rate if on Sunday; and at three and one -half (3'/2) times the employee's regular base pay rate if on an approved holiday (Article XXI). ARTICLE XIII. STANDBY PAY Any employee placed on standby duty by the Employer shall receive one -half (' /z) hour pay for each one (1) hour required to standby for duty. • -2032- 1�1 ARTICLE XIV. LEGAL DEFENSE 14.1 Employees involved in litigation because of negligence, ignorance of laws, non - observance of laws, or as a result of employee judgmental decision, may not receive legal defense by the municipality. 14.2 Any employee who is charged with a traffic violation, ordinance violation, or criminal offense, arising from acts, performed within the scope of his /her employment, when such act is performed in good faith, as defined in Minnesota Statutes, Chapter 466, Section 466.07 and under direct order of his /her supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee, in defending against such charge. ARTICLE XV. DISCIPLINE 15.1 The Employer will discipline employees for "just cause" only. Discipline will be in the form of: A. Oral reprimand; B. Written reprimand; C. Suspension; D. Demotion; or E. Discharge. 15.2 Suspensions, demotions and discharges will be in written form. • 15.3 Written reprimands, to become part of an employee's personnel file, shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and notices of suspension and discharge. 15.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. At the request of the employee, oral reprimands will be removed after 12 months and written reprimands will be removed after 24 months provided there has been no similar disciplinary action taken against the employee during this period. This paragraph does not apply to discipline involving sexual harassment and discrimination based on race, color, creed, religion. national origin. sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. 15.5 Discharges will be preceded by a five (5) day suspension without pay. 15.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. -2033- • 15.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance procedure under Article VI. ARTICLE XVI. SENIORITY, LAYOFF & RECALL 16.1 Seniority will be the determining criterion for transfers, promotions and layoffs, only when all other qualification factors are equal. 16.2 Layoff Application. An employee on layoff shall retain his/her seniority and right to recall within classification in seniority order for a period of two (2) years after date of layoff. 16.3 Layoff. In the event the City of Mound determines to reduce a position or positions, employees shall be laid off with at least two (2) weeks notice, in inverse order of seniority within areas of classification. A senior employee shall not be placed on layoff while a junior employee on the seniority list occupies a position with the same or lower grade, providing the senior employee has the qualifications to satisfactorily perform the job. 16.4 Recall. Employees shall be recalled in order of seniority for a position within the same classification held prior to layoff available for a qualified employee on layoff. The Employer shall mail, by certified mail, the notice to such employee who shall have fourteen (14) calendar days from the date of mailing of such notice to accept the reemployment. If written acceptance is not received by the City Manager within such fourteen (14) calendar day period, it shall • constitute a waiver on the part of such employee to any further rights of employment or reinstatement and shall forfeit any future reinstatement of employment rights. The employee must accept the first offer of hiring at same classification from which the employee was laid off or the employee shall be removed from the recall list. The employee may refuse an offer for a lower classification position without losing recall rights to a position at the same classification from which the employee was laid off. However, once an employee is offered a lower classification position and refuses such offer, only higher classification positions need be offered. ARTICLE XVII. PROBATIONARY PERIODS 17.1 All newly hired employees will serve a one (1) year probationary period. 17.2 All existing employees will serve a six (6) month probationary period in any job description in which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired employee may be terminated at the sole discretion of the Employer. 17.4 At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. 0 -2034- • ARTICLE XVIII. SAFETY The Employer and Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to form a Safety Committee to help advise the Employer of any unsafe conditions that exist or need attention. The Supervisors shall serve as this Committee. ARTICLE XIX. JOB POSTINGS 19.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within, provided that applicants: A. Have the necessary qualifications to meet the standards of the job vacancy; or B. Have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class, based on the provision of this Article shall be subject to the conditions of Article XVII, Probationary Periods. 19.3 The Employer has the right of final decision in the selection of employees to fill posted jobs, based on qualifications, abilities and experience. Personnel records and prior performance can be considered. 19.4 Job vacancies, within the designated bargaining unit, will be posted for five (5) working days so • that members of the bargaining unit can be considered for such vacancies. ARTICLE XX. INSURANCE 20.1 The Employer agrees to pay the full high end premium of the employee only hospitalization/major medical insurance for each full -time employee from the first of the month following thirty (30) days of continuous employment. The Employer agrees to contribute up to $925875.00 per month effective January 1, 20IQ and up to $900.00 per- month in 200 toward the cost of family coverage from the first of the month following thirty (30) days of continuous employment for each full -time employee who elects family coverage under this agreement. Any additional costs for such family coverage shall be paid by the employee through payroll deduction. In no event shall the Employer's contribution exceed the actual cost of the coverage selected by the employee. 20.2 The Employer agrees to pay the full premium payment for a ten thousand dollar ($10,000) life insurance policy and a long -term disability insurance policy for each full -time employee, from the first of the month following thirty (30) days of continuous employment. 20.3 The Employer agrees to pay the full premium for dental insurance coverage for each full -time employee who elects employee only coverage from the first of the month following thirty (30) days of continuous employment. The Employer agrees to contribute up to the equivalent of the 10 • -2035- �i employee -cost per month for family coverage from the first of the month following thirty (30) days of continuous employment for each full -time employee who elects family coverage. 20.4 When the City of Mound offers a Health Care Savings Plan, the pertinent language stated in the City Administrative Code will apply to employees covered under this contract. Short Term Disability Insurance: When the City of Mound offers a Short Term Disability Insurance Plan, the pertinent language stated in the City Administrative Code will apply to employees covered under this contract. Long Term Disability Insurance: When the City of Mound offers an upgrade to the Long -Term Disability Insurance Plan, the pertinent language stated in the City Administrative Code will apply to employees covered under this contract. 20.5 Employees shall be able to review all Insurance policies before the Employer incorporates any policy. ARTICLE XXI. HOLIDAYS 21.1 The Employer agrees to provide the following paid holidays: New Year's Day • Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day The Day After Thanksgiving Day '/a Day Christmas Eve Day Christmas Day Day New Year's Eve Day One (1) Floating Holiday 21.2 If any of the above holidays fall on a Saturday, the preceding Friday shall be the holiday. If any of the above holidays fall on a Sunday, the following Monday shall be the holiday. (If New Year's Day or Christmas Day falls on a Sunday or Monday, the 1 /2 day holiday allowed for New Year's Eve or Christmas Eve shall be the preceding Friday.) 21.3 Any employee required to work on a holiday shall receive three and one -half (3 -1/2) times his/her hourly rate for all hours worked. IF • -2036- • ARTICLE XXII. VACATION SCHEDULE 22.1 Employees shall accrue vacation according to the following schedule: YEARS OF HOURS EARNED PER NUMBER OF DAYS SERVICE WEEKLY PAY PERIOD PER YEAR 0-5 3.077 10 6-10 4.616 15 I1 -15 6.154 20 16-20 7.693 25 21 -25 8.308 27 26+ 9.230 30 22.2 Paid vacation shall be earned during the first year of employment, but cannot be taken until the end of the first year of employment without the approval of the Employer. 22.3 An employee can carry-over up to one and one -half (1 -1/2) times earned vacation from one calendar year to the next. 22.4 At the time of termination or retirement, payout of all accrued vacation and/or compensatorv- time will be paid out according to Section 14A of the Administrative Code. ARTICLE XXIII. SICK LEAVE AND FAMILY MEDICAL LEAVE ACT (FMLA) 23.1 Sick leave shall be accumulated at the rate of one (1) day per month. Each permanent full -time and probationary full -time employee shall earn sick leave at the rate of one (1) day per month for each month of full -time employment with the City or 3.693 hours per pay period. There shall be no limit on the maximum accumulation of sick leave. 23.2 Sick leave shall not be considered as a privilege which an employee may use at his/her discretion, but shall be allowed in the case of personal illness, legal quarantine, disability of the employee, disability related to childbirth, to receive dental or medical care or if there is serious illness in the immediate family and no other responsible adult is available to care for the ill family member. "Immediate family member" here includes the employee's own parents, spouse, siblings, grandparents and grandchildren who are regular members of the employee's household. If the seriously ill family member, as defined above, is not a regular member of the employee's household, the employee may use up to three (3) days of his /her accrued sick leave bank upon furnishing a doctor's statement citing the family member's emergency or critical illness and necessity for requiring the employee's care or presence. Sick leave shall also be allowed for counseling or other sickness preventive measures upon prior approval of the Employer. 12 Formatted: Indent: Left: 0 ", Hanging: 0.5" • -2037- • An employee may use personal sick leave benefits accumulated in accordance with this Article for absences due to an illness of the employee's child for such reasonable periods as the employee's attendance with the child may be necessary, on the same terms the employee is able to use sick leave benefits for the employee's own illness. For the purposes of this paragraph, "child" is defined in accordance with Minnesota Statute §181.940, subd. 4 as an individual under 18 years of age or an individual under age 20 who is still attending secondary school, and shall include a step child, ward or adopted child under the ages specified herein. 23.3 Employees claiming sick leave may be required to file competent written evidence that he /she has been absent as authorized above, or if more than three (3) days, that the employee has been under treatment and supervision of a doctor or dentist who recommends work not be performed. If the employee has been incapacitated for the period of his/her absence or a major part thereof, the employee may be required to provide evidence that he /she is again physically able to perform his /her duties. 23.4 The FMLA language stated in the Administrative Code will apply to employees covered under this contract. ARTICLE XXIV. SEVERANCE PAY 24.1 The following is the severance pay schedule, based upon accumulated sick leave, which shall • become effective for all full -time employees upon reaching tenure of five (5) years (60 months). 2005 2006 2007 2008 After 5 years of service 41% 44% 48% 53% After 10 years of service 46% 49% 54% 59% After 15 years of service 52% 55% 60% 66% After 20 years of service 57% 60% 66% 73% After 25 years of service 62% 66% 72% 80% 24.2 Sick leave shall be paid to the Health Care Savings Plan in accordance with Section 14A of the Administrative Code. The bargaining unit may present and propose changes to the City for the distribution of the existing Health Care Savings Plan benefit. 24.3 An employee who is discharged from employment for just cause shall not be entitled to severance pay under this Article. ARTICLE XXV. FUNERAL LEAVE 25.1 Funeral leave for immediate family not to exceed three (3) days will be allowed by the City Manager. If more than three (3) days are required, the employee may choose to deduct the extra days over three (3) from either vacation leave or accumulated sick leave. "Immediate family" is defined as mother, father, siblings, spouse, children, grandparents and grandchildren and spouse's mother, father, siblings, children, grandparents and grandchildren. 13 • -2038- • ARTICLE XXVI. UNIFORMS AND LICENSES 26.1 The Employer shall furnish during the life of this contract seven (7) sets of shirts and pants. The Employer shall pay for the maintenance of such uniforms. 26.2 The Employer shall furnish each employee, once every three (3) years, a winter reflective OSHA approved parka. The employee shall be responsible for maintenance of the parka. 26.3 The Employer shall, through a voucher system, provide each employee with a $150.00 per year boot allowance for 2008 and 2009. 26.4 The Employer shall provide four (4) OSHA approved cotton t -shirts with the City logo to all employees, per year covered by this agreement. The employees shall be responsible for laundering. All current uniform practices shall remain unchanged. 26.5 The Employer shall pay or, through a voucher system, reimburse each employee the costs of License endorsements. 26.6 The Employer shall provide an initial issue of bib overalls to employees. The Employer will provide replacement bib overalls to employees as needed at the discretion of the Employer. The employee shall be responsible for maintenance of the bib overalls. ARTICLE XXVII. EYE EXAMINATIONS The Employer agrees to pay up to thirty -five dollars ($35.00) in each twenty -four (24) month period of full -time employment toward an eye examination or the purpose of eyeglasses for each full -time employee. ARTICLE XXVIII. SAFETY GLASSES The Employer agrees to pay the cost of single correction safety glasses, with employee paying the difference for any upgrades for correction or other features that exceed the basic. ARTICLE XXIX. WORKING OUT OF CLASSIFICATION Any employee assigned by the Employer to work at a higher job classification shall be paid at the higher rate of pay for the duration of the assignment. Upon completion of the assignment, the employee shall revert to his /her original or assigned pay rate. 14 -2039- ARTICLE XXX. WAGES 0% wage increase for 2010. -and 2014d Wages tO FePeet a 3 ; , fo 2008 e ff ;. Maintenance Person 2008 2010 -N 44409 Start 18.24 19.30 After 12 Months X0.91 - 21.54 After 24 Months 235 24.05 C7 Lead Worker 2010- 24A4 Start $25.05 After 12 Months $26.05 ARTICLE XXXI. WAIVER 31.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations, regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals, with respect to any term or condition of employment not removed by law, from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union, each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both the parties at the time this Agreement was negotiated or executed. ARTICLE XXXII. NON - DISCRIMINATION 32.1 Neither the Employer nor the Union shall discriminate against any employee because of Union membership or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age. 32.2 The Employer will take such actions as are necessary to comply with the Americans With Disabilities Act in order to reasonably accommodate an employee. When a reasonable accommodation is required or requested, the Employer will meet and discuss reasonable accommodation options with the employee and the Union before the Employer takes action. X 0 -2040- • ARTICLE XXXIII. DURATION This Agreement shall be effective as of January 1, 201008 and shall remain in full force and effect until December 31, 201009. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ,201008. FOR THE CITY OF MOUND FOR MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL #320 Mayor Business Agent City Manager Steward 1 x1 1 u I[41 • -2041- r� u • oRANDUM OF AGREEmE 'JEM0 This Memorandum of Agreement is entered into between the City of Mound (hereafter "Employer ") and Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 (hereafter "Union "). WHEREAS, the Employer and the Union are parties to a Labor Agreement covering employees in the positions of Maintenance Persons; and WHEREAS, the parties have agreed to interpret the choice of remedies clause in their Labor Agreement, specifically Section 6.7, consistent with the ruling in EEOC v. Board of Governors of State Colleges and Universities 957 F.2d 424 (7th Cir.), cert. denied 506 U.S. 906, 113 S. Ct. 299 (1992), by including the following additional sentence in Section 6.7 The election set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. NOW, THEREFORE, the parties agree as follows: 1. The parties agree that should a court of competent jurisdiction rule contrary to Board of Governors or if Board of Governors is judicially or legislatively overruled, then the interpretation of the election of remedies clause referenced above will no longer apply. If such a change in the law regarding Board of Governors occurs, then the new language added to Section 6.7 as noted above will automatically be deleted from the then current Labor Agreement between the parties. 2. This Memorandum of Agreement constitutes the complete and total agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement on this day of , 201 OMB. FOR THE CITY OF MOUND FOR TEAMSTERS LOCAL NO. 320 Mayor City Manager Business Agent Steward 17 • -2042- • This Memorandum of Agreement is entered into between the City of Mound (hereafter "Employer ") and Minnesota Teamsters Public and L,aw Enforcement Employees' Union, Local No. 320 (hereafter "Union "). WHEREAS, the Employer and the Union are parties to a Labor Agreement covering emplovees in the positions of Maintenance Persons: and NOW, THEREFORE, the parties agree as follows: 1. Employees are allowed to trade a full calendar week of seven (7) consecutive on call shifts at will. 2. Employees are allowed to give away two (2) full calendar weeks of seven (7) consecutive on call shifts per calendar year without a trade being required. 3. The employee must provide the supervisor with advance notice of the trade or give away by ly 2:00 p.m. of the Wednesday on the preceding week of the on call shift. 4. This Memorandum of Agreement shall sunset and expire effective December 31, 2011 unless renewed by the parties. 5. This Memorandum of Agreement constitutes the complete and total agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement on this day of 2010. FOR THE CITY OF MOUND FOR TEAMSTERS LOCAL, NO. 320 Mayor Business Agent City Manager Steward 18 • • -2043- pubic(, Works Knior — FIIJ AL— LABOR AGREEMENT between THE CITY OF MOUND and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 0 Representing MAINTENANCE PERSONS EFFECTIVE JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 CJ :rkg -2045- TABLE OF CONTENTS ARTICLE PAGE • ARTICLE I Purpose of Agreement .................................................... ..............................1 ARTICLEII Recognition .................................................................... ..............................1 ARTICLEIII Union Security ............................................................... ..............................1 ARTICLEIV Employer Security .......................................................... ..............................2 ARTICLEV Employer Authority ....................................................... ..............................2 ARTICLE VI Employee Rights - Grievance Procedure ....................... ..............................3 ARTICLEVII Definitions ...................................................................... ..............................5 ARTICLEVIII Savings Clause ............................................................... ..............................6 ARTICLEIX Work Schedule ............................................................... ..............................6 ARTICLEX Overtime Pay .................................................................. ..............................6 ARTICLEXI Call Back ........................................................................ ..............................7 ARTICLEXII On Call Pay .................................................................... ..............................7 ARTICLEXIII Standby Pay .................................................................... ..............................7 ARTICLEXIV Legal Defense ................................................................. ..............................8 ARTICLEXV Discipline ....................................................................... ..............................8 ARTICLE XVI Seniority, Layoff & Recall ............................................. ..............................9 ARTICLE XVII Probationary Periods ...................................................... ..............................9 ARTICLEXVIII Safety ............................................................................ .............................10 • ARTICLEXIX Job Postings .................................................................. .............................10 ARTICLEXX Insurance ....................................................................... .............................10 ARTICLEXXI Holidays ........................................................................ .............................11 ARTICLE XXII Vacation Schedule ........................................................ .............................12 ARTICLE XVIII Sick Leave and Family Medical Leave Act ( FMLA) .... .............................12 ARTICLEXXIV Severance Pay ............................................................... .............................13 ARTICLEXXV Funeral Leave ................................................................ .............................13 ARTICLE XXVI Uniforms and Licenses .................................................. .............................14 ARTICLE XXVII Eye Examinations ......................................................... .............................14 ARTICLEXXVIII Safety Glasses ............................................................... .............................14 ARTICLE )= Working Out of Classification ...................................... .............................14 ARTICLEXXX Wages ............................................................................ .............................15 ARTICLEXXXI Waiver .......................................................................... .............................15 ARTICLE XXXII Non - Discrimination ...................................................... .............................15 ARTICLEXXXIII Duration ........................................................................ .............................16 Memorandum of Agreement — Choice of Remedies .... .............................17 Memorandum of Agreement — On Call Trading and Give Away ..............18 • 1 -2045- LABOR AGREEMENT • between THE CITY OF MOUND and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL #320 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is entered into between the City of Mound, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, hereinafter called the Union. The intent of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes, concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 0 1.4 Place in written form, the parties' agreement upon terms and conditions of employment, for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 3, as an appropriate bargaining unit, consisting of the following job classifications: Maintenance Person ARTICLE III. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 3.1 Deduct each payroll period, an amount sufficient to provide the payment of dues established by the Union, from the wages of all employees authorizing in writing such deduction, or a "fair share" deduction, as provided in Minnesota Statutes, Section 179A.06, Subdivision 3, if the employee elects not to become a member of the Union. • -2046- 3.2 Remit such deduction to the appropriate designated officer of the Union. 3.3 The Union may designate certain employees from the bargaining unit to act as stewards and • shall inform the Employer, in writing, of such choice. 3.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slowdown or other interruption of or interference with the normal functions of the Employer. 4.2 An employee who engages in a stake may have his/her appointment terminated by the Employer, effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment, without permission, or who abstains wholly or in part, from the full performance of his /her duties, without permission from his/her Employer, on the date or dates when a strike occurs, is prima facie presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such • action, may subsequent to such violation, be appointed or reappointed or employed or reemployed, but the employee shall be on probation for two (2) years with respect to such tenure of employment, or contract of employment, as he /she may have heretofore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he /she engaged in a strike. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer, to modify, establish or eliminate. 2 • -2047- ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE • 6.1 Definition of a Grievance. A grievance is a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representative. The Employer will recognize representatives designated by the Union, as the grievance representatives of the bargaining unit, having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union representatives and of their successors, when so designated. 6.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances, as hereinafter provided, is limited by the job duties and responsibilities of the employees and, therefore, shall be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure. Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure. STEP 1. An employee, claiming a violation concerning the interpretation or application of this Agreement shall, within fourteen (14) working days after such alleged violation has occurred, present such grievance to the employee's immediate supervisor, as designated by the Employer. The Employer - designated representative, will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision of the Agreement allegedly violated and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days, shall be considered waived. STEP 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer - designated Step 2 representative, City Manager. The Employer - designated representative shall give the Union the Employer's Step 2 answer, in writing, within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer - designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. STEP 2A. If the Employer and the Union mutually agree, a grievance unresolved in Step 2 may be submitted to the Minnesota Bureau of Mediation Services for mediation within ten (10) calendar days following the Step 2 Employer response. If the grievance is submitted to • 3 N , . mediation and is not resolved, it may be appealed to Step 3 within ten (10) calendar days of the date of the mediation meeting. Any grievance not appealed in writing to Step 3 within said ten • (10) calendar day period shall be considered waived. STEP 3. A grievance unresolved in Step 2 or Step 2A and appealed to Step 3 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. If the Public Employment Relations Board begins operating in the future, the reference herein to Bureau of Mediation Services will revert back to the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms and conditions of this Agreement. The arbitrator shall consider and decide on the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue, not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way, the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next Step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limit, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next Step. The time limit in each Step may be extended by mutual agreement of the Employer and the Union. 4 • -2049- 6.7 Choice of Remedy • If, as a result of the written Employer response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article VI or a procedure such as: Veterans Preference or Fair Employment. If appealed to any procedure other than Step 3 of Article VI, the grievance is not subject to the arbitration procedure, as provided in Step 3 of Article VI. The aggrieved employee shall indicate, in writing, which procedure is to be utilized, Step 3 of Article VI or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 3 of Article VI. ARTICLE VII. DEFINITIONS 7.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 7.2 EMPLOYER: The City of Mound, Minnesota. 7.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. • 7.5 BASE PAY RATE: The employee's hourly pay rate, exclusive of longevity or any other special allowances. 7.6 SENIORITY: Length of continuous sei vice with the Employer. 7.7 COMPENSATORY TIME: Time off the employee's regularly scheduled work schedule, equal in time to overtime worked. 7.8 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 7.9 OVERTIME: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty -four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.10 CALL BACK: Return of an employee to a specific work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or an early report to an assigned shift is not a call back. 7.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, • 5 -2050- faithful and proper performance of the duties of employment for the purpose of introducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. • 7.12 WORK YEAR: The work year shall consist of 2,080 hours and shall run from 12:01 a.m., January 1 through 12:00 Midnight, December 31. ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Mound. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time limits provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX. WORK SCHEDULE 9.1 The sole authority in work schedules is the Employer. The normal work day for any employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal or annual basis, other than the normal 7:00 a.m. - 3:30 p.m. day. The Employer will give 48 hours advance notice to the employee affected by the establishment of • work days different from the employee's normal eight (8) hour work day. The 48 hour advance notice requirement shall not apply to emergencies, snow - related events, early call outs or shift extensions. In these events, the employee will be given the option of extending the eight hour shift and work up to three hours of overtime, with supervisor approval. The supervisor retains the right to require additional overtime in these situations. 9.3 In the event that work is required because of unusual circumstances, such as, but not Iimited to, fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee, working other than the normal work day, be scheduled to work more than eight (8) hours. However, each employee has an obligation to work overtime on call backs, if requested, unless unusual circumstances prevent him/her fiom so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours, within a twenty -four (24) hour period, except for shift changes, or more than forty (40) hours within a seven (7) day period, will be compensated for at one and one -half (1 %a) times the employee's regular base pay rate. All work performed 6 • -2051- on Sundays shall be compensated for at two and one -half (2%2) times the employee's regular . base pay rate, unless Sundays fall within the provisions of Article IX, 9.4. 10.2 Overtime will be distributed as equally as practicable. 10.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.4 Holiday pay shall be paid at a rate three and one -half (3y2) times the employee's regular base pay rate. 10.5 All maintenance persons and represented by the aforementioned Union, are hereby eligible for compensatory time off in lieu of overtime or holiday worked. Comp time is accrued at the overtime rates as described above in Section 10.1 and 10.4 for each hour of overtime or holiday worked. At no time will any employee be allowed to accrue more than sixty (60) hours of comp time. The employee may request the use of accumulated comp time at any time. The City will attempt to allow the employee to take the time off within a reasonable time of the request unless the operations of the department will be unduly disrupted by the employee's absence. ARTICLE XI. CALL BACK An employee called in for work at a time other than his /her normal scheduled shift will be • compensated for a minimum of two (2) hours pay at one and one -half (1V2) times the employee's regular base pay rate, except on Sunday when it shall be two and one -half (2 1 /2) times the employee's regular base pay rate or on holidays when it shall be three and one -half (3 1 /2) times the employee's regular base pay rate. ARTICLE XII. ON CALL PAY If an employee is assigned to be "on call" for a twenty -four (24) hour period (over weekends, holidays or other specifically assigned periods), the employee shall remain accessible, and will personally be able to report to the Public Works Building within 30 minutes, dependent upon the circumstances, of a call. The employee will receive two (2) hours of pay at one and one -half (1 -1/2) times the employee's regular base pay rate if on a weekday evening and will receive four (4) hours of pay at one and one -half (1 %2) times the employee's regular base pay rate if on Saturday; at two and one -half (2%2) times the employee's regular base pay rate if on Sunday; and at three and one -half (3 1 /2) times the employee's regular base pay rate if on an approved holiday (Article XXI). ARTICLE XHI. STANDBY PAY Any employee placed on standby duty by the Employer shall receive one -half (%2) hour pay for each one (1) hour required to standby for duty. • 7 -2052- ARTICLE XIV. LEGAL DEFENSE 14.1 Employees involved in litigation because of negligence, ignorance of laws, non - observance of • laws, or as a result of employee judgmental decision, may not receive Iegal defense by the municipality. 14.2 Any employee who is charged with a traffic violation, ordinance violation, or criminal offense, arising from acts, performed within the scope of his/her employment, when such act is performed in good faith, as defined in Minnesota Statutes, Chapter 466, Section 466.07 and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee, in defending against such charge. ARTICLE XV. DISCIPLINE 15.1 The Employer will discipline employees for "just cause" only. Discipline will be in the form of: A. Oral reprimand; B. Written reprimand; C. Suspension; D. Demotion; or E. Discharge. 15.2 Suspensions, demotions and discharges will be in written form. • 15.3 Written reprimands, to become part of an employee's personnel file, shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and notices of suspension and discharge. 15.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. At the request of the employee, oral reprimands will be removed after 12 months and written reprimands will be removed after 24 months provided there has been no similar disciplinary action taken against the employee during this period. This paragraph does not apply to discipline involving sexual harassment and discrimination based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. 15.5 Discharges will be preceded by a five (5) day suspension without pay. 15.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 8 • -2053- 15.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance procedure under Article VI. • + LAYOFF &.RECALL ARTICLE XVI. SENIORITY, LAYO 16.1 Seniority will be the determining criterion for transfers, promotions and layoffs, only when all other qualification factors are equal. 16.2 Layoff Application. An employee on layoff shall retain his/her seniority and right to recall within classification in seniority order for a period of two (2) years after date of layoff. 16.3 Layoff. In the event the City of Mound determines to reduce a position or positions, employees shall be laid off with at least two (2) weeks notice, in inverse order of seniority within areas of classification. A senior employee shall not be placed on layoff while a junior employee on the seniority list occupies a position with the same or lower grade, providing the senior employee has the qualifications to satisfactorily perform the job. 16.4 Recall. Employees shall be recalled in order of seniority for a position within the same classification held prior to layoff available for a qualified employee on layoff. The Employer shall mail, by certified mail, the notice to such employee who shall have fourteen (14) calendar days from the date of mailing of such notice to accept the reemployment. If written acceptance is not received by the City Manager within such fourteen (14) calendar day period, it shall constitute a waiver on the part of such employee to any further rights of employment or • reinstatement and shall forfeit any future reinstatement of employment rights. The employee must accept the first offer of hiring at same classification from which the employee was laid off or the employee shall be removed from the recall list. The employee may refuse an offer for a lower classification position without losing recall rights to a position at the same classification from which the employee was laid off. However, once an employee is offered a lower classification position and refuses such offer, only higher classification positions need be offered. ARTICLE XVII. PROBATIONARY PERIODS 17.1 All newly hired employees will serve a one (1) year probationary period. 17.2 All existing employees will serve a six (6) month probationary period in any job description in which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired employee may be terminated at the sole discretion of the Employer. 17.4 At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. • 9 -2054- ARTICLE XVIII. SAFETY The Employer and Union agree to jointly promote safe and healthful working conditions, to cooperate • in safety matters and to form a Safety Committee to help advise the Employer of any unsafe conditions that exist or need attention. The Supervisors shall serve as this Committee. ARTICLE XIX. JOB POSTINGS 19.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within, provided that applicants: A. Have the necessary qualifications to meet the standards of the job vacancy; or B. Have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class, based on the provision of this Article shall be subject to the conditions of Article XVII, Probationary Periods. 19.3 The Employer has the right of final decision in the selection of employees to fill posted jobs, based on qualifications, abilities and experience. Personnel records and prior performance can be considered. 19.4 Job vacancies, within the designated bargaining unit, will be posted for five (5) working days so • that members of the bargaining unit can be considered for such vacancies. ARTICLE XX. INSURANCE 20.1 The Employer agrees to pay the full high end premium of the employee only hospitalization /major medical insurance for each full -time employee fiom the fast of the month following thirty (30) days of continuous employment. The Employer agrees to contribute up to $925.00 per month effective January 1, 2010 toward the cost of family coverage from the first of the month following thirty (30) days of continuous employment for each full-time employee who elects family coverage under this agreement. Any additional costs for such family coverage shall be paid by the employee through payroll deduction. In no event shall the Employer's contribution exceed the actual cost of the coverage selected by the employee. 20.2 The Employer agrees to pay the full premium payment for a ten thousand dollar ($10,000) life insurance policy and a long -term disability insurance policy for each full -time employee, from the first of the month following thirty (30) days of continuous employment. 20.3 The Employer agrees to pay the full premium for dental insurance coverage for each full -time employee who elects employee only coverage fiom the first of the month following thirty (30) days of continuous employment. The Employer agrees to contribute up to the equivalent of the 10 • -2055- employee -cost per month for family coverage fiom the fist of the month following thirty (30) days of continuous employment for each full -time employee who elects family coverage. 20.4 When the City of Mound offers a Health Care Savings Plan, the pertinent language stated in the City Administrative Code will apply to employees covered under this contract. Short Tenn Disability Insurance: When the City of Mound offers a Short Term Disability Insurance Plan, the pertinent language stated in the City Administrative Code will apply to employees covered under this contract. Long Term Disability Insurance: When the City of Mound offers an upgrade to the Long -Term Disability Insurance Plan, the pertinent language stated in the City Administrative Code will apply to employees covered under this contract. 20.5 Employees shall be able to review all Insurance policies before the Employer incorporates any policy. ARTICLE XXI. HOLIDAYS 21.1 The Employer agrees to provide the following paid holidays: New Year's Day Thanksgiving Day Martin Luther King Day The Day After Thanksgiving Day • President's Day %s Day Christmas Eve Day Memorial Day Christmas Day Independence Day %z Day New Year's Eve Day Labor Day Veteran's Day One (1) Floating Holiday 21.2 If any of the above holidays fail on a Saturday, the preceding Friday shall be the holiday. If any of the above holidays fall on a Sunday, the following Monday shall be the holiday. (If New Year's Day or Christmas Day falls on a Sunday or Monday, the % day holiday allowed for New Year's Eve or Christmas Eve shall be the preceding Friday.) 21.3 Any employee required to work on a holiday shall receive three and one -half (3 -1/2) times his/her hourly rate for all hours worked. • 11 -2056- ARTICLE XXII. VACATION SCHEDULE 22.1 Employees shall accrue vacation according to the following schedule: • YEARS OF HOURS EARNED PER NUMBER OF DAYS SERVICE WEEKLY PAY PERIOD PER YEAR 0-5 3.077 10 6-10 4.616 15 11 - 15 6.154 20 16-20 7.693 25 21 -25 8.308 27 26+ 9.230 30 22.2 Paid vacation shall be earned during the first year of employment, but cannot be taken until the end of the first year of employment without the approval of the Employer. 22.3 An employee can cany -over up to one and one -half (1 -1/2) times earned vacation from one calendar year to the next. 22.4 At the time of termination or retirement, payout of all accrued vacation and /or compensatory time will be paid out according to Section 14A of the Administrative Code. ARTICLE XXIII. SICK LEAVE AND FAMILY MEDICAL LEAVE ACT (FMLA) 23.1 Sick leave shall be accumulated at the rate of one (1) day per month. Each permanent full -time • and probationary full -time employee shall earn sick leave at the rate of one (1) day per month for each month of full -time employment with the City or 3.693 hours per pay period. There shall be no limit on the maximum accumulation of sick leave. 23.2 Sick leave shall not be considered as a privilege which an employee may use at his/her discretion, but shall be allowed in the case of personal illness, legal quarantine, disability of the employee, disability related to childbirth, to receive dental or medical care or if there is serious illness in the immediate family and no other responsible adult is available to care for the ill family member. "Immediate family member" here includes the employee's own parents, spouse, siblings, grandparents and grandchildren who are regular members of the employee's household. If the seriously ill family member, as defined above, is not a regular member of the employee's household, the employee may use up to three (3) days of his/her accrued sick leave bank upon furnishing a doctor's statement citing the family member's emergency or critical illness and necessity for requiring the employee's care or presence. Sick leave shall also be allowed for counseling or other sickness preventive measures upon prior approval of the Employer. 12 • -2057- An employee may use personal sick leave benefits accumulated in accordance with this Article • for absences due to an illness of the employee's child for such reasonable periods as the employee's attendance with the child may be necessary, on the same terms the employee is able to use sick leave benefits for the employee's own illness. For the purposes of this paragraph, "child" is defined in accordance with Minnesota Statute §181.940, subd. 4 as an individual under 18 years of age or an individual under age 20 who is still attending secondary school, and shall include a step child, ward or adopted child under the ages specified herein. 23.3 Employees claiming sick leave may be required to file competent written evidence that he /she has been absent as authorized above, or if more than three (3) days, that the employee has been under treatment and supervision of a doctor or dentist who recommends work not be performed. If the employee has been incapacitated for the period of his/her absence or a major pant thereof, the employee may be required to provide evidence that he /she is again physically able to perform his/her duties. 23.4 The FMLA language stated in the Administrative Code will apply to employees covered under this contract. ARTICLE XXIV. SEVERANCE PAY 24.1 The following is the severance pay schedule, based upon accumulated sick leave, which shall become effective for all full-time employees upon reaching tenure of five (5) years (60 months). • 2005 2006 2007 2008 After 5 years of service 41% 44% 48% 53% After 10 years of service 46% 49% 54% 59% After 15 years of service 52% 55% 60% 66% After 20 years of service 57% 60% 66% 73% After 25 years of service 62% 66% 72% 80% 24.2 Sick leave shall be paid to the Health Care Savings Plan in accordance with Section 14A of the Administrative Code. The bargaining unit may present and propose changes to the City for the distribution of the existing Health Care Savings Plan benefit. 24.3 An employee who is discharged fiom employment for just cause shall not be entitled to severance pay under this Article. ARTICLE XXV. FUNERAL LEAVE 25.1 Funeral leave for immediate family not to exceed three (3) days will be allowed by the City Manager. If more than three (3) days are required, the employee may choose to deduct the extra days over three (3) from either vacation leave or accumulated sick leave. "Immediate family" is defined as mother, father, siblings, spouse, children, grandparents and grandchildren and spouse's mother, father, siblings, children, grandparents and grandchildren. • 13 -2058- ARTICLE XXVI. UNIFORMS AND LICENSES • 26.1 The Employer shall furnish during the life of this contract seven () sets of shirts and pants. The Employer shall pay for the maintenance of such uniforms. 26.2 The Employer shall furnish each employee, once every three (3) years, a winter reflective OSHA approved parka. The employee shall be responsible for maintenance of the parka. 26.3 The Employer shall, through a voucher system, provide each employee with a $150.00 per year boot allowance for 2008 and 2009. 26.4 The Employer shall provide four (4) OSHA approved cotton t- shirts with the City logo to all employees, per year covered by this agreement. The employees shall be responsible for laundering. All current uniform practices shall remain unchanged. 26.5 The Employer shall pay or, through a voucher system, reimburse each employee the costs of License endorsements. 26.6 The Employer shall provide an initial issue of bib overalls to employees. The Employer will provide replacement bib overalls to employees as needed at the discretion of the Employer. The employee shall be responsible for maintenance of the bib overalls. ARTICLE XXVH. EYE EXAMINATIONS • The Employer agrees to pay up to thirty -five dollars ($35.00) in each twenty -four (24) month period of full -time employment toward an eye examination or the purpose of eyeglasses for each full -time employee. ARTICLE XXVIII. SAFETY GLASSES The Employer agrees to pay the cost of single correction safety glasses, with employee paying the difference for any upgrades for correction or other features that exceed the basic. ARTICLE XXIX. WORKING OUT OF CLASSIFICATION Any employee assigned by the Employer to work at a higher job classification shall be paid at the higher rate of pay for the duration of the assignment. Upon completion of the assignment, the employee shall revert to his/her original or assigned pay rate. 14 • -2059- ARTICLE XXX. WAGES • 0% wage increase for 2010. Maintenance Person 2010 Start 19.30 After 12 Months 21.54 After 24 Months 24.05 Lead Worker 2010 Start $25.05 After 12 Months $26.05 ARTICLE XXXI. WAIVER 31.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations, regarding terns and conditions of employment, to the extent inconsistent with the provisions of this Agreement are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals, with respect to any term or condition of employment not removed by law, from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this • Agreement for the stipulated duration of this Agreement. The Employer and the Union, each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terns or conditions may ' not have been within the knowledge or contemplation of either or both the parties at the time this Agreement was negotiated or executed. ARTICLE XXXII. NON - DISCRIMINATION 32.1 Neither the Employer nor the Union shall discriminate against any employee because of Union membership or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age. 32.2 The Employer will take such actions as are necessary to comply with the Americans With Disabilities Act in order to reasonably accommodate an employee. When a reasonable accommodation is required or requested, the Employer will meet and discuss reasonable accommodation options with the employee and the Union before the Employer takes action. 0 15 -2060- ARTICLE XXXIH. DURATION This Agreement shall be effective as of January 1, 2010 and shall remain in full force and effect until December 31, 2010. W SS WHEREOF, the parties hereto have executed this Agreement on this day of 2010. FOR THE CITY OF MOUND Mayor City Manager • U 16 • FOR MINNESOTA TEAMSTERS & LAW ENFORCEMENT E PL( UNION, LOCAL #320Q v Steward -2061- • • This Memorandum of Agreement is entered into between the City of Mound (hereafter "Employer') and Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 (hereafter "Union"). WHEREAS, the Employer and the Union are parties to a Labor Agreement covering employees in the positions of Maintenance Persons; and WHEREAS, the parties have agreed to interpret the choice of remedies clause in their Labor Agreement, specifically Section 6.7, consistent with the Luling in EEOC v. Board of Governors of State Colleges and Universities 957 F.2d 424 (7th Cir.), cert. denied 506 U.S. 906, 113 S. Ct. 299 (1992), by including the following additional sentence in Section 6.7 The election set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. NOW, THEREFORE, the parties agree as follows: • 1. The parties agree that should a court of competent jurisdiction rule contrary to Board of Governors or if Board of Governors is judicially or legislatively overruled, then the interpretation of the election of remedies clause referenced above will no longer apply. If such a change in the law regarding Board of Governors occurs, then the new language added to Section 6.7 as noted above will automatically be deleted from the then current Labor Agreement between the parties. 2. This Memorandum of Agreement constitutes the complete and total agreement between the parties. IN WITNESS WHE i OF, the parties hereto have executed this Memorandum of Agreement on this - c?> 7 day of , 2010. FOR THE CITY OF MOUND FOR TEAMSTERS LOCA 4p. 3 Mayor City Manager Steward - 17 . -2062- D i, ♦� ' j ` E �� 4 4� t i This Memorandum of Agreement is entered into between the City of Mound (hereafter "Employer ") and Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 (hereafter "Union "). WHEREAS, the Employer and the Union are parties to a Labor Agreement covering employees in the positions of Maintenance Persons; and NOW, THEREFORE, the parties agree as follows: 1. Employees are allowed to trade a full calendar week of seven (7) consecutive on call shifts at will. 2. Employees are allowed to give away two (2) full calendar weeks of seven (7) consecutive on call shifts per calendar year without a trade being required. 3. The employee must provide the supervisor with advance notice of the trade or give away by 12:00 p.m. of the Wednesday on the preceding week of the on call shift. 4. This Memorandum of Agreement shall sunset and expire effective December 31, 2011 unless renewed by the parties. 5. This Memorandum of Agreement constitutes the complete and total agreement between the parties. IN W�NESS + F, he parties hereto have executed this Memorandum of Agreement on this _ .Z2 day of 2010. FOR THE CITY OF MOUND FOR TEAMSTERS LOC NNN20 Mayor City Manager 18 • -2063- LAW OFFICES FRANK MADDEN & ASSOCIATES • SUTTE 295 505 NORTH HIGHWAY 169 PLYMOUTH, MINNESOTA 55441 -6444 FRANK J. MADDEN PAMELA R. GALANTER SUSAN K. HANSEN October 6, 2010 Mr. Jack Chambers Business Agent Law Enforcement Labor Services, Inc. 327 York Avenue St. Paul, MN 55130 Re: City of Mound and LELS (Sergeants Unit) Dear Jack: TELEPHONE (763) 545.2525 FACSIMII.E (763) 545 -2566 Enclosed for your review please find a redlined and finalized version of the 2010 Labor Agreement between the City of Mound and LELS. Pursuant to the City's request, we have also made the following typographical corrections: • 1. Article XXI - Severance Pay — Changed numbering of Sections "22.2" and 11 22.3" to "21.2" and "21.3." 2. Physical Fitness Program - Changed the 1.5 Mile Run Test — Minimum for Men from "71:00" to "17:00." As these typographical changes were not discussed during negotiations or mediation if you object, we will remove them from the contract. Please review the contract and let me know if you identify any changes that need to be made. Otherwise, please obtain the necessary signatures on behalf of LELS and forward the signed contract directly to Kandis Hanson for execution on behalf of the City of Mound. Thank you for your courtesies. Ve y yours, Susan K. Hansen SKH:clh • Enclosure cc: Kandis Hanson (w /enc.) -2064- ?Olt (oc StAr"isars — TvA &lud - � LABOR AGREEMENT BETWEEN THE CITY OF MOUND AND LAW ENFORCEMENT LABOR SERVICES, INC. (LELS) LOCAL NO. 35 POLICE SUPERVISORS EFFECTIVE JANUARY 1, 201_008 TO DECEMBER 31, 20100+9 u • -2065- • TABLE OF CONTENTS Page MEMORANDUM OF AGREEMENT ......................................................... .............................16 MOUND PHYSICAL FITNESS PROGRAM .............................................. .............................17 FITNESSSTANDARDS ............................................................................. .............................20 • -2066- ARTICLE I PURPOSE OF AGREEMENT .................................. ..............................1 ARTICLEII RECOGNITION ....................................................... ..............................1 ARTICLE III MANAGEMENT RIGHTS ....................................... ..............................1 ARTICLE IV LEGAL SERVICE .................................................... ..............................2 ARTICLEV UNION SECURITY ................................................. ..............................2 ARTICLE VI EMPLOYER SECURITY ......................................... ..............................2 ARTICLE VII EQUAL APPLICATION .......................................... ..............................3 ARTICLE VIII PREVAILING RIGHTS ........................................... ..............................3 ARTICLEIX SAVINGS ................................................................. ..............................3 ARTICLE X GRIEVANCE PROCEDURE ................................... ..............................3 ARTICLEXI DISCIPLINE ............................................................ ..............................6 ARTICLEXII JOB SAFETY ........................................................... ..............................7 ARTICLE XIII VOLUNTARY SHIFT SWITCHING ....................... ..............................7 ARTICLEXIV SENIORITY ............................................................. ..............................7 ARTICLE XV CONSTITUTIONAL PROTECTION ....................... ..............................8 ARTICLEXVI WORK SCHEDULE ................................................. ..............................8 ARTICLEXVII COURT TIME .......................................................... ..............................9 ARTICLEXVIII OVERTIME ............................................................. ..............................9 • ARTICLE XIX ARTICLEXX SICK LEAVE AND FAMILY MEDICAL LEAVE ACT (FMLA) .........9 FUNERAL LEAVE ................................................. .............................10 ARTICLE XXI SEVERANCE PAY ................................................. .............................I1 ARTICLE XXII ANNUAL LEAVE ( VACATION) ........................... .............................11 ARTICLEXXIII HOLIDAYS ............................................................. .............................12 ARTICLEXXIV COMPENSATION .................................................. .............................12 ARTICLEXXV INSURANCE .......................................................... .............................12 ARTICLE XXVI EYE EXAMINATIONS .......................................... .............................13 ARTICLE XXVII P.O.S.T. LICENSE FEE ........................................... .............................13 ARTICLE XXVIII UNIFORM ALLOWANCE ..................................... .............................13 ARTICLE XXIX MANDATORY DRUG TESTING .......................... .............................13 ARTICLEXXX INCENTIVES .......................................................... .............................14 ARTICLEXXXI JURY DUTY ........................................................... .............................14 ARTICLEXXXII DURATION ............................................................ .............................14 APPENDIX A WAGES AND INCENTIVE PROGRAM ................ .............................15 MEMORANDUM OF AGREEMENT ......................................................... .............................16 MOUND PHYSICAL FITNESS PROGRAM .............................................. .............................17 FITNESSSTANDARDS ............................................................................. .............................20 • -2066- • This Agreement, dated , 201008, is made and entered into between the City of Mound (hereafter referred to as "Employer "), and Law Enforcement Labor Services, Inc., (hereafter referred to as "Union "). ARTICLE I PURPOSE OF AGREEMENT This Agreement has as its purpose the promotion of harmonious relations between the Employer, its Employees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peaceful procedure for the resolution of disputes that may arise without interference or disruption of efficient operation of the department; and the establishment of a formal understanding to all terms and conditions of employment. ARTICLE II RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative under Minnesota Statutes §179A.012, Subdivision 10, for all employees of the Mound Police Department Supervisory bargaining unit as identified by the Bureau of Mediation Services, Certification of Exclusive Representative dated March 5, 1979, Case No. 79 -PR- 658 -A. 2.2 In the event that the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class the issue shall be submitted to the Bureau of Mediation Services for determination. 2.3 For the purpose of this Agreement, the following terns and phrases shall have the • meaning given to them. EMPLOYER: City of Mound, Minnesota UNION: Law Enforcement Labor Services, Inc. EMPLOYEE: A member of the exclusively recognized bargaining unit. OFFICER: Officer elected or appointed by the Union. MEMBER: A member of LELS (Local No. 35) in the bargaining unit to which this contract applies. ARTICLE III MANAGEMENT RIGHTS 3.1 The Employer retains the full unrestricted right to establish policy as to functions and programs of the employer, its overall budget, utilization of technology, the organizational structure and selection and direction and number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. • -2067- • ARTICLE IV LEGAL SERVICE 4.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, Employer shall defend, save harmless and indemnify an Employee and /or Employee's estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the Employee's duties. ARTICLE V UNION SECURITY 5.1 The Employer agrees to cooperate with the Union in the deduction of regular monthly dues for those Employees who request in writing to have regular monthly Union dues checked off by payroll deduction. The Employer agrees to remit such regular monthly dues in a manner to be prescribed by the Union. 5.2 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgements brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of paragraph 5.1 of this Section. 5.3 The Employer agrees not to enter into any additional agreements with its Employees, individually or collectively, concerning any terms or conditions of employment. 5.4 The Union may designate members to act as stewards or officers and shall inform the Employer in writing of such choice and of any changes in stewards or officers. 5.5 The Employer agrees to make space available on the Employer bulletin board for the posting of Union notice(s) and announcements and to make space available for Union meetings when it does not conflict with the operation of the department. 5.6 The Employer agrees to allow the officers and representatives of the bargaining unit reasonable time off and leaves of absence, with prior approval and without pay, for the purpose of conducting Union business when such time will not unduly interfere with the operations of the department. 5.7 The Employer agrees to post all promotional opportunities within the department; to publish the method by which promotion shall be made within the department; and to make copies of all work rules and regulations available to Employees. ARTICLE VI EMPLOYER SECURITY 6.1 Neither the Union, its officers or agents, nor any of the Employees covered by this Agreement will engage in, encourage, sanction, support or suggest any strike, slowdown, mass resignations, mass absenteeism, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part of the full, faithful and proper performance of duties of employment for the purpose of inducing, influencing, or • 1.: • coercing a change in the conditions, compensation or the rights, privileges or obligations of employment. ARTICLE VII EQUAL APPLICATION 7.1 The Employer shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an official capacity on behalf of the Union, which is in accordance with the provisions of the Agreement. The Union shall not discriminate against, interfere with, restrain or coerce an Employee from exercising the right to join or not to join the Union and will not discriminate against any Employee in the administration of the Agreement because of non- membership in the Union. 7.2 The Union accepts its responsibilities as exclusive representative and agrees to represent all Employees in the bargaining unit without discrimination. 7.3 Notwithstanding any of the provisions of this Agreement, the Employer, at its sole discretion, may take such actions as are necessary to effectuate compliance with the Americans with Disabilities Act. Such action shall not be a violation of the Agreement, nor shall it be a subject of grievance arbitration. ARTICLE VIII PREVAILING RIGHTS 8.1 All benefits, rights and privileges now in effect for Employees and not specifically • contained in this Agreement shall remain in full force and effect, without change or termination by the Employer. ARTICLE IX SAVINGS 9.1 This Agreement is subject to the laws of the United States and the State of Minnesota. 9.2 In the event that any provisions of this Agreement shall be held to be contrary to law by a court or competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated upon written request of either party. ARTICLE X GRIEVANCE PROCEDURE 10.1 For the purpose of this Agreement, the term "grievance" means any disputes arising concerning the interpretation or application of the express provisions of this Agreement or any term or condition of employment. 10.2 In the event of such grievance arising, there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. -2069- • 10.3 The Employer and the Union agree that the investigation and processing of grievance shall be accomplished during the normal work day without a reduction in wages or loss of leave time to the aggrieved or the union steward while consistent with Employee duties and responsibilities. 10.4 Procedure. Grievances, as defined by Section 10.1, shall be resolved in conformance with the following procedure: STEP 1 An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within fourteen (14) working days after such alleged violation has occurred, present such grievance to the Employee's supervisor, in writing, as designated by the Employer. The Employer designated representative will discuss and give an answer, in writing, to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer designated representatives final • answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. STEP 2 If appealed, the written grievance shall be presented by the Union and discussed with the City Manager (Employer- designated Step 2 representative). The Employer- designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative's final answer in Step 2. A grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. STEP 2A If the Employer and the Union mutually agree, a grievance unresolved in Step 2 may be submitted to the Minnesota Bureau of Mediation Services for mediation within ten (10) calendar days following the Step 2 Employer response. If the grievance is submitted to mediation and is not resolved, it may be appealed to Step 3 within ten (10) calendar days of the date of the mediation meeting. Any grievance not appealed in writing to Step 3 within ten (10) calendar days shall be considered waived. STEP 3 A grievance unresolved in Step 2 and 2A and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The • -2070- • selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 10.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issues(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. C. The fees and expenses of the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. It both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 10.6 Waiver If a grievance is not presented within the time limits set forth above, the grievance shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, the grievance shall be considered settled on the basis of the Employer's last answer. If the employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 10.7 Choice of Remedy If, as a result of the written Employer response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an Employee who has completed the required probationary period, the grievance may be appealed to either Step 3 or a procedure such as: Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 3, the grievance is not subject to the arbitration procedure as provided in Step 3. The aggrieved Employee should indicate in writing which procedure is to be utilized, Step 3 or another appeal procedure, and should sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 3. The election • C7 -2071- • set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. ARTICLE XI DISCIPLINE 11.1 The Employer will discipline for just cause only. Discipline will be in one or more of the following forms: A. Oral reprimand B. Written reprimand C. Suspension D. Demotion, or E. Discharge 11.2 Notices of suspensions, demotions and discharges will be in written form and will state the reasons for the action taken. Suspensions will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the employee is demoted, and will not cause the loss of departmental seniority. 11.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. The Employee will receive a copy of such reprimands and/or notices. • A. At the request of the employee, all oral and written reprimands will be removed after 18 months provided there has been no same or similar disciplinary action taken against the employee during this period. The provision does not apply to discipline involving sexual harassment and discrimination based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. 11.4 Investigations A. Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. B. Employees shall be informed of all charges or accusations made against them which, if proven, could result in disciplinary action. C. Upon completion of an investigation, the subject of the investigation has the right to know the names of all complainants. D. No complaint against an Employee shall be entertained, nor any investigation of such complaint be held, unless the complaint is signed by all complainants. • -2072- • E. Upon completion of all investigations concerning disciplinary actions, the Employer shall fully disclose all evidence against the Employee to the Employee in writing. 11.5 Discharges will be preceded by a five (5) calendar day suspension without pay. 11.6 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 11.7 Grievances relating to this Article may be initiated by the Union in Step 2 of the grievance procedure. ARTICLE XII JOB SAFETY 12.1 It shall be the policy of the Employer that the safety of Employees, the protection of work areas, the adequate training in necessary safety practices and the prevention of accidents are a continuing and integral part of its everyday responsibilities. 12.2 It shall be the responsibility of all Employees to cooperate in programs to promote safety to themselves and the public and to comply with rules promulgated to insure safety. This employee responsibility shall include the proper use of all safety devices in accordance with recognized safety procedures. ARTICLE XIII VOLUNTARY SHIFT SWITCHING 13.1 Employees may voluntarily switch shifts with the prior approval of the Police Chief. Voluntary switching of shifts shall not obligate the Employer for overtime pay. ARTICLE XIV SENIORITY 14.1 Definition Seniority shall be determined b the ffw�Employee's length of continuous service within each of the Police Department's bargaining units nits in-- gfade. If bargaining units chance or are eliminated seniority will carryover. The Chiei'of Police shall maintain an active seniority roster for those officers within each of the Policc Department's bargaining units. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for just cause, retirement or death. An Employee's continuous service record shall be reduced by time on suspension. When two or more Employees have the same seniority date, their position on the seniority list shall be determined by lot. 14.2 Layoffs When a reduction in the work force becomes necessary, the employee with the least seniority shall be permitted to bump back into the Police Officer job classification if an i s • -2073- opening exists or arises during time of layoff. If not, the Employee shall be laid off. The last Employee demoted or laid off shall be the first to be promoted or recalled to work. No new Employees shall be hired or promoted to fill the vacancy until either the layoff list has been exhausted or sixty (60) months have passed since the last layoff. 14.3 Recall Employees shall be recalled in order of seniority for a position within the same classification held prior to layoff available for a qualified employee on layoff. The Employer shall mail, by certified mail, the recall notice to such employee who shall have fourteen (14) calendar days from the date of mailing of such notice to accept re- employment. If written acceptance is not received by the City Manager within such fourteen (14) calendar day period, it shall constitute a waiver on the part of such employee to any further rights of employment or reinstatement and shall forfeit any future employment or reinstatement rights. 14.4 Probationary Employees The probationary period for Employees covered by this contract shall be twelve (12) months. During the probationary period a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned Employee maybe returned to his/her previous position at the sole • discretion of the Employer. 14.5 Vacation Schedule One continuous vacation period shall be selected on the basis of seniority until March 15 of each calendar year. 14.6 Assignments, Transfers, Promotions Shift assignments shall be made on the basis of seniority. ARTICLE XV CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. • -2074- • ARTICLE XVI WORK SCHEDULE 16.1 Normal work year shall consist of 2,080 hours to be accounted for by each Employee through: Scheduled Hours of Work Holidays Roll Call and Staff Meetings Training Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. ARTICLE XVII COURT TIME 17.1 An Employee who is required to appear in Court during the Employee's scheduled off - duty time or who received notice of cancellation of such a court appearance less than 18 hours prior to the scheduled time for the court appearance, shall receive a minimum of two (2) hours pay at one and one half (1 -1/2) times the Employee's regular base pay rate. An extension or early report to a regularly scheduled shift does not qualify the Employee for the two (2) hour minimum. ARTICLE XVIII OVERTIME • 18.1 Employees shall be compensated at one and one -half (1 -1/2) times the Employee's regular base pay rate for hours worked in excess of the Employee's regularly scheduled shift. Changes in shifts do not qualify an Employee for overtime under this Article. Employees shall not be entitled to any overtime, or compensatory time, without the approval of the Mound Chief of Police or a designate. 18.2 Overtime will be distributed as equally as practicable. Overtime refused by an Employee will, for record purposes, be considered as unpaid overtime worked. For the purposes of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. Overtime shall be calculated to the nearest fifteen (15) minutes. 18.3 Staff and departmental meetings shall not qualify as overtime, up to a maximum of four hours per month provided at least a forty -eight (48) hours notice is given of the meeting and it is scheduled during a regularly scheduled work day. 18.4 Employees will receive straight time pay for situations that involve multiple telephone calls or involve cases that interrupt their off -duty time. The determination is to be left to the discretion of the Chief of Police. • -2075- • ARTICLE XIX SICK LEAVE AND FAMILY MEDICAL LEAVE ACT (FMLA) 19.1 Employees shall accrue eight (8) hours of sick leave with pay for each calendar month of employment. 19.2 Time on suspension, absent without leave or leave without pay shall not be counted in determining a calendar month of employment. Inability of an Employee to work due to either sickness or injury shall not result in the loss of the Employee's status as an Employee. 19.3 In the event of the death of a full -time Employee, the beneficiary designated by the Employee shall be entitled to the monetary value of the Employee's accumulated sick leave in accordance with the table set forth in Article XXI, Severance Pay. 19.4 The use of three (3) or more consecutive sick days will require the Employee to submit a doctor's note with an explanation of the sickness or injury. A. Sick leave shall not be considered as a privilege which an Employee may use at his/her discretion, but shall be allowed in the case of personal illness, legal quarantine, disability of the employee, disability related to childbirth, to receive dental or medical care or if there is serious illness in the immediate family and no other responsible adult is available to care for the ill family member. "Immediate . family member" here is defined as Employee's mother, father, siblings, spouse, children, step - children, grandchildren, grandparents, and spouse's mother, father, siblings, children, grandparents and grandchildren. B. An Employee may use personal sick leave benefits accumulated in accordance with this Article for absences due to an illness of the Employee's child for such reasonable periods as the Employee's attendance with the child may be necessary, on the same terms the Employee is able to use sick leave benefits for the Employee's own illness. For the purposes of this paragraph, "child" is defined in accordance with Minnesota Statute §181.940, sub. 4 as an individual under 18 years of age or an individual under age 20 who is still attending secondary school, and shall include a step child, ward or adopted child under the ages specified herein. 19.5 Upon employment, each Employee shall immediately accumulate ninety (90) days of additional sick leave to be used only for injuries or illnesses on the job. After an initial waiting period per injury as set forth in the Minnesota Workers' Compensation Act, the Employee will be paid the difference between the employee's regular pay and workers compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to Employee's vacation or sick leave accumulated in Sections 1 and 2. Upon return to work from such injury on duty sick leave, the employee shall immediately accumulate up to ninety (90) days of sick leave. Sick leave under this section shall not apply to severance benefits. The Employer reserves the right to have the injured Employee examined by a doctor of its choice to determine the Employee's fitness 10 • -2076- • for duty within the Employee's job classification and prior to return to duty to determine if that Employee is fit to perform all duties of the Employee s job classification. 19.6 The FMLA language stated in the Administrative Code will apply to employees covered under this contract. ARTICLE XX FUNERAL LEAVE Funeral leave, for immediate family, not to exceed three (3) days will be allowed. If more than three (3) days are required, approval must be given by the Chief of Police and the days must be taken from accumulated sick leave, vacation accruals or comp time earned. "Immediate family" is defined as mother, father, siblings, spouse, children, grandparents and spouse's mother, father, siblings, children, grandparents and grandchildren or other member of the household with the approval of the department head. ARTICLE XXI SEVERANCE PAY 21.1 The following is the severance pay schedule, based upon accumulated sick leave, which shall become effective for all Employees upon reaching tenure of five (5) years (60 months): 22.2 Sick leave shall be paid to the Health Care Savings Plan in accordance with Section 14A of the Administrative Code 22.3 An employee who is discharged from employment for just cause shall not be entitled to severance pay under this Article. ARTICLE XXII ANNUAL LEAVE (VACATION) 22.1 Employees shall receive paid vacations based upon the following schedule: 0 -5 years of service 6 -10 years of service 11 -15 years of service 16 -20 years of service 21 -25 year of service 26+ year of service 10 days per year 15 days per year 20 days per year 25 days per year 27 days per year 30 days per year 11 • 11 -2077- 2005 2006 2007 2008 After 5 years service 41% 44% 48% 53% After 10 years service 46% 49% 54% 59% After 15 years service 52% 55% 60% 66% After 20 years service 57% 60% 66% 73% After 25 years service 62% 66% 72% 80% 22.2 Sick leave shall be paid to the Health Care Savings Plan in accordance with Section 14A of the Administrative Code 22.3 An employee who is discharged from employment for just cause shall not be entitled to severance pay under this Article. ARTICLE XXII ANNUAL LEAVE (VACATION) 22.1 Employees shall receive paid vacations based upon the following schedule: 0 -5 years of service 6 -10 years of service 11 -15 years of service 16 -20 years of service 21 -25 year of service 26+ year of service 10 days per year 15 days per year 20 days per year 25 days per year 27 days per year 30 days per year 11 • 11 -2077- • 22.2 Paid vacation shall be earned during the first year of employment but cannot be taken without the approval of the City Manager. 22.3 At the time of termination or retirement the employee shall receive all accrued vacation and/or comp time in the form of a check. would be paid to the benefleiai=y of the Employee upen death of the Employee. Formatted: Font: Not Bold 22.4 No contributions to the Health Care Savings Plan are permitted by MSRS after the death Formatted: Indent: Left: 0 ", Hanging: 0.52 ", of an employee Therefore any pay related to hours worked accrued vacation and comp Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 4 + Alignment: Left time and the sick portion of severance pay calculated 'according to Section 21 + Aligned at: 0" + Tab after: 0.29" + Indent Severance Pav will be paid according to � the payment method in effect durinf, the last full at: 0.29 ", Tab stops: Not at 0.29 pay period in which the employee was paid which is in the fon of'a direct deposit to the Formatted: Bullets and Numbering financial institution(s) on record. Formatted: Font: Not Bold ARTICLE XXIII HOLIDAYS 23.1 The Employer agrees to provide the following paid holidays: 1 , -1 2 day New Year's Eve New Year's Day Martin Luther King Day President's Day • Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day the Friday after Thanksgiving Day Yz44 y- Christmas Eve Day Christmas Day One (1) Floating Holiday 23.2 Employees who work on any of the above - listed holidays shall receive a cash payment of two (2) times the Employee's regular base pay rate, plus one (1) day off at the regular base pay rate. 23.3 Employees may elect to receive their holiday differential pay in a lump sum in the first non -pay week as soon as possible after the first of December of each year. Those employees who choose the lump sum payment may work at straight time and receive an additional day off plus their holiday pay or may work the holiday for double time and receive one days pay in their lump sum. ARTICLE XXIV COMPENSATION 24.1 Employees shall be compensated in accordance with the salary schedule marked "Appendix A ", attached hereto and made a part of this Agreement. ARTICLE XXV INSURANCE 25.1 The Employer agrees to pay the full premium for the Employee only hospitalization /major medical insurance for each full -time Employee from the first of the month following thirty (30) days of continuous employment. The Employer agrees to 12 -2078- contribute up to $ per .-, in 2 00 8 and up 4e -$92500 per month in 201099 toward the cost of dependent coverage from the first of the month following thirty (30) days of continuous employment for each full -time employee who elects dependent coverage under this agreement. Any additional costs for such dependent coverage shall be paid by the Employee through payroll deduction. In no event shall the Employer's contribution exceed the actual cost of the coverage selected by the Employee. 25.2 The Employer agrees to pay the full premium payment for a ten thousand dollar ($10,000) life insurance policy and a long -term disability insurance policy for each full - time Employee, from the first of the month following thirty (30) days of continuous employment. The qualifying period for Long Term Disability (LTD) Insurance shall be ninety (90) days. Employees shall not earn more while on LTD than they would receive in base pay if they were in a work status. Effective November 1, 2008, when the City of Mound offers an upgrade to the Long - Term Disability Insurance Plan, the pertinent language stated in the City Administrative Code will apply to employees covered under this contract. 25.3 The Employer agrees to pay the full premium for dental insurance coverage for each full - time Employee who elects employee only coverage from the first of the month following thirty (30) days of continuous employment. The Employer agrees to contribute up to the equivalent of the employee -cost per month for dependent coverage for each full -time Employee electing such coverage from the first of the month following thirty (30) days of • continuous employment. Any additional costs for such dependent coverage shall be paid by the Employee through payroll deduction. 25.4 As the City of Mound offers a Health Care Savings Plan, the pertinent language stated in the City Administrative Code Section 14A applies to employees covered under this contract. As the City of Mound offers a Short Term Disability Insurance Plan, the pertinent language stated in the City Administrative Code applies to employees covered under this contract. ARTICLE XXVI EYE EXAMINATIONS The Employer shall pay thirty -seven dollars ($37.00) per year toward an eye examination or eyeglasses for each full -time Employee at the employees option, as prescribed by the Employee's doctor. ARTICLE XXVII P.O.S.T. LICENSE FEE The Employer will pay the cost of the employee's Peace Officer License. 13 • -2079- 0 ARTICLE XXVIII UNIFORM ALLOWANCE 28.1 Each Employee shall be entitled to an annual uniform allowance in the amount of $800 effective 1 -1 -06 and 1 -1 -07. 28.2 The Employer agrees to replace all clothing damaged in the line of duty at no cost to the Employee. ARTICLE XXIX MANDATORY DRUG TESTING The drug testing policy shall be negotiated subject to Minn. Stat. 181.950. ARTICLE XXX INCENTIVES 30.1 EDUCATION REIMBURSEMENT If funds are not provided by any other Government Agency, the Employer shall pay the cost of tuition equal to that charged by State Institutions after the employee has successfully completed a course with a grade of "C" or better. The course must be approved in advance by the City Manager. Upon completion of the course, the Employer will pay the employee a one time payment of five ($5.00) dollars for each credit hour the employee earned. • • ARTICLE XXXI JURY DUTY An.v bargaining, unit member who is required to serve on jury duty shall be granted an amount of • • - Formatted: Font: Times New Roman compensation which will equal the difference between the employee's regular base pay rate and Formatted: Normal, Left the compensation paid for iuryduty. ARTICLE XXXII DURATION Except as herein provided, this Agreement shall be effective January 1, 201008 and shall continue in full force and effect until December 31, 201089, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing by July 1 of the year in which modifications are desired, so as to comply with the provision of the Public Employment Labor Relations Act of 1971 as amended. CITY OF MOUND LAW ENFORCEMENT LABOR SERVICES Mayor 14 1:1 • City Manager Date Date • 15 • -2081- • City of Mound Appendix A Employees' Salary SERGEANT danuary 38A8 January 201009 January 201009 Monthly 14euF!3' Monthly Hourly Start $5,243.88 $30.25 $5,401.20 $31.16 After 24 $5•,375.61 $32..19 $5,745.97 $33.16 Months After 48 .$5 $32.83 $5,860.88 $33.81 Months LIEUTENANT danUFJF' 008 Jaffuavy -2008 January 201009 January 20 Monthly Hourly Monthly Hourly • I $5,974.- $34:47 $6,153.92 $35.50 INCENTIVE PROGRAM Employees may earn additional pay based on the following percentages figured on to their base pay and paid as soon as possible after the 15 of December: 1.5% addition on the base for living and owning within the City of Mound 2% addition on the base for a four year degree 1.5% addition on the base for achieving fitness standard of 19 pts. 2% addition on the base for problem - solving utilizing the SARA model and appropriate documentation. Project to receive prior approval by the Police Chief 16 • -2082- • MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into between the City of Mound (hereafter "Employer ") and Law Enforcement Labor Services, Inc., Local No. 35 (hereafter "Union "). WHEREAS, the Employer and the Union are parties to a Labor Agreement covering employees in the positions of Sergeant of Patrol and Lieutenant; and WHEREAS, the Employer believes that a minimum level of physical fitness is important to the safety and health of each employee; and WHEREAS, the employer wishes to encourage employees to be physically fit. NOW, THEREFORE, the parties agree as follows: The Employer will implement a physical fitness program as set forth in Attachment A hereto. 2. Each employee may participate in the physical fitness program, at the employee's option. Participation in the physical fitness program is voluntary. 3. This Memorandum of Agreement shall be in effect from January 1, 201008 through December 31, 201089. • IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement on this day of , 201088. FOR THE CITY OF MOUND FOR LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL 35 17 • -2083- • MOUND PHYSICAL FITNESS PROGRAM INTRODUCTION Following are the standards for the fitness program for the Mound Police Department. Officers who agree to participate in the program will be eligible to receive additional incentives as outlined within this program document. The standards used have been developed by Dr. Kenneth Cooper and the Federal Bureau of Investigation. It is mutually agreed that a minimum level of physical fitness is important to the safety and health of each officer in adequately performing their duties. II. STANDARDS The areas to be measured to determine officer's physical fitness levels are: A. Aerobic Capacity B. Flexibility C. Dynamic Strength D. Absolute Strength E. Body Fat Scale • A. AEROBIC CAPACITY The aerobic capacity test will consist of a mile and a half run for time or a 12 minute Air -Dyne cycling test. Tables for proficiency will be used as outlined in The Aerobics Program for Total Well- being, by Dr. Kenneth Cooper. B. FLEXIBILITY Consists of a "stretch and reach" test measured in inches. C. DYNAMIC STRENGTH Sit -ups Bent -knee sit -ups with ankles secured and hands folded across the chest or flat along the floor. Push -ups Straight body push -up with no rest stops. 18 • ' • I • D. ABSOLUTE STRENGTH Bench press Bench press utilizing the Universal Gym Leg press Leg press utilizing the Universal Gym. E. BODY FAT COMPOSITION Using skin -fold calipers. III INCENTIVES As an incentive for maintaining good physical fitness, police personnel will earn "fitness time" compensation. "Fitness time" will be used in a similar fashion to comp -time currently used within the department. "Fitness time" will be accrued separately from comp -time and must be used within the calendar year earned. Personnel testing will be administered twice annually for those who volunteer to take part in the program. Testing will be held in the months of April and October each year. "Fitness time" shall be earned as follows: 16 hours for those who score 30 points or more and have had 2 or less "sick leave • episodes" within the last 6 months. 12 hours for those who score 22 points or more (no category less than 2) and have had 2 or less "sick leave episodes" within the last 6 months. 8 hours for those who score 16 points (no category less than 2) and have had 2 or less "sick leave episodes" within the last 6 months. 4 hours for those who score <16 points (no category less than 1) and have had 2 or less "sick leave episodes" in the last 6 months. Mound Police Fitness "logo' products Individuals who become involved in the program will be provided with a Mound loo T -shirt for their participation. Individuals who score within the above perimeters in both the April and October testing periods will be awarded reimbursement for athletic clothing and /or running shoes upon presentation of a receipt as follows: >_30 points; Mound ' $100 value per year >_22 points; x:( $65 value per year >_16 points; cweatshi p. sh ~ °' $40 value ep r yea 19 • -2085- IV. MEDICAL EXAMINATION Individuals who have not had a fitness assessment (within the last 2 years) will be required to be evaluated before any testing. Individuals who are over 35 years of age will be required to provide doctors authorization before participating. SICK LEAVE EPISODE - a period of time missed due to a single illness or injury. Single day sick equals I episode; continuous 3 day absence for same illness equals 1 episode. is ►11] • 1:. • FITNESS STANDARDS Fitness Points Gender Minimum 20 -29 30 -39 40 -49 50 -59 1.5 MILE RUN TEST 1 M 71:00 F 20:00 3 M F 5 M F 6 M F 12 MINUTE CYCLING TEST (in miles) 1 M 2.25 F 1.50 2 M F 3 M F 5 M F FLEXIBILITY (sit and reach in inches) 1 M 13.3 F 16.8 2 M F 3 M F 5 M F < 14:00 < 14:45 < 15:35 < 17:00 18:30 19:00 19:30 20:00 < 12:00 < 12:30 < 13:00 < 14:30 15:54 16:30 17:30 19:00 < 10:45 < 11:00 <1 1:30 < 12:30 13:30 14:30 15:55 16:30 < 9:45 < 10:00 < 10:30 < 11:00 12:30 13:00 13:45 14:30 <3.75 <3.25 <3.00 <2.25 2.50 2.25 2.00 1.50 <4.50 <.4.25 <4.00 <3.50 3.50 3.25 3.00 2.00 < 5.50 <5.25 <5.00 <4.50 4.50 4.25 4.00 3.50 >5.50 >5.25 >5.00 >4.50 >4.50 >4.25 >4.00 >3.50 <16.5 <15.5 <14.3 <13.3 19.3 18.3 17.3 16.8 <18.5 <17.5 <16.3 <15.5 20.5 20.0 19.0 18.5 < 20.5 <19.5 <18.5 <17.5 22.5 21.5 20.5 20.3 >20.5 >19.5 >18.5 >17.5 >22.5 >21.5 >20.5 >20.3 21 • • -2087- • • FITNESS STANDARDS (2) Fitness Points Gender Minimum 20 -29 30 -39 40 -49 50 -59 DYNAMIC STRENGTH (sit -ups push -ups) Sit -ups (one minute) 1 M 24 <38 <35 <29 <24 F 14 <32 <25 CO <14 2 M <42 <39 <34 <28 F <38 <29 <24 <20 3 M <47 <43 <39 <35 F <44 <35 <29 <24 4 M >47 >43 >39 >35 F >44 >35 >29 >24 5 M >55 >52 >28 >25 F >50 >43 >40 >35 Push -ups (no resting) 1 M 15 <33 <27 <21 <15 F 5 <8 <7 <6 <5 2 M <37 <30 <24 <19 F <12 <10 <8 <7 3 M <47 <39 <30 <25 F <18 <15 <13 <20 4 M >47 >39 >30 >25 F >23 >20 >16 >12 M >55 >47 >39 >32 F >30 >24 >20 >15 ABSOLUTE STRENGTH (Bench press & Leg press) Rating charts attached 22 C7 • FITNESS STANDARDS (3) Fitness Points Gender BODY FAT PERCENTAGE 1 M F 2 M F 3 M F 4 M F 5 M F Minimum 20 -29 30 -39 40 -49 50 -59 <25 <26 <27 <28 <27 <29 <31 <33 <20 <22 <24 <25 <24 <26 <28 <30 <16 <18 <20 <22 <21 <23 <25 <28 <12 <14 <16 <18 <18 <20 <22 <25 >5 <10 <10 <12 <14 >8 <12 <15 <17 <20 • 23 • 1:• ?b I t L eo svf-oo 14�0 f% 0 �— F1 r*A A L ago* LABOR AGREEMENT BETWEEN THE CITY OF MOUND AND LAW ENFORCEMENT LABOR SERVICES, INC. (LELS) LOCAL NO. 35 • POLICE SUPERVISORS EFFECTIVE JANUARY 1, 2010 TO DECEMBER 31, 2010 0 -2090- TABLE OF CONTENTS • Page ARTICLE I PURPOSE OF AGREEMENT ..................................... ..............................1 ARTICLEII RECOGNITION ........................................................... ..............................1 ARTICLE III MANAGEMENT RIGHTS .......................................... ..............................1 ARTICLEIV LEGAL SERVICE ....................................................... ..............................2 ARTICLEV UNION SECURITY ..................................................... ..............................2 ARTICLEVI EMPLOYER SECURITY ............................................ ..............................2 ARTICLE VII EQUAL APPLICATION ............................................. ..............................3 ARTICLE VIII PREVAILING RIGHTS ............................................... ..............................3 ARTICLEIX SAVINGS ..................................................................... ..............................3 ARTICLE X GRIEVANCE PROCEDURE ...................................... ..............................3 ARTICLEXI DISCIPLINE ................................................................ ..............................6 ARTICLEXII JOB SAFETY ............................................................... ..............................7 ARTICLE XIII VOLUNTARY SHIFT SWITCHING .......................... ..............................7 ARTICLEXIV SENIORITY ................................................................. ..............................7 ARTICLE XV CONSTITUTIONAL PROTECTION .......................... ..............................8 ARTICLEXVI WORK SCHEDULE .................................................... ..............................8 ARTICLEXVII COURT TIME .............................................................. ..............................9 ARTICLEXVIII OVERTIME ................................................................. ..............................9 ARTICLE XIX SICK LEAVE AND FAMILY MEDICAL LEAVE ACT (FMLA) .......... 9 ARTICLEXX FUNERAL LEAVE ..................................................... .............................10 ARTICLEXXI SEVERANCE PAY ..................................................... .............................11 ARTICLE XXII ANNUAL LEAVE ( VACATION) .............................. .............................11 ARTICLEXXIII HOLIDAYS ................................................................. .............................12 ARTICLEXXIV COMPENSATION ...................................................... .............................12 ARTICLEXXV INSURANCE .............................................................. .............................12 ARTICLE XXVI EYE EXAMINATIONS .............................................. .............................13 ARTICLE XXVII P.O.S.T. LICENSE FEE .............................................. .............................13 ARTICLE XXVIII UNIFORM ALLOWANCE ........................................ .............................13 ARTICLE XXIX MANDATORY DRUG TESTING ............................. .............................13 ARTICLEXXX INCENTIVES .............................................................. .............................14 ARTICLEXXXI JURY DUTY ............................................................... .............................14 ARTICLEXXXII DURATION ................................................................ .............................14 APPENDIX A WAGES AND INCENTIVE PROGRAM .................. .............................15 MEMORANDUMOF AGREEMENT ............................................................. .............................16 MOUND PHYSICAL FITNESS PROGRAM ................................................. .............................17 FITNESSSTANDARDS .................................................................................. .............................20 • • -2091- 1 This Agreement, dated , 2010, is made and entered into between the City of . Mound (hereafter referred to as `Employer "), and Law Enforcement Labor Services, Inc., (hereafter referred to as "Union "). ARTICLE I PURPOSE OF AGREEMENT This Agreement has as its purpose the promotion of harmonious relations between the Employer, its Employees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peaceful procedure for the resolution of disputes that may arise without interference or disruption of efficient operation of the department; and the establishment of a formal understanding to all terms and conditions of employment. ARTICLE II RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative under Minnesota Statutes §179A.012, Subdivision 10, for all employees of the Mound Police Department Supervisory bargaining unit as identified by the Bureau of Mediation Services, Certification of Exclusive Representative dated March 5, 1979, Case No. 79 -PR- 658 -A. 2.2 In the event that the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class the issue shall be submitted to the Bureau of Mediation Services for determination. • 2.3 For the purpose of this Agreement, the following terms and phrases shall have the meaning given to them. EMPLOYER: City of Mound, Minnesota UNION: Law Enforcement Labor Services, Inc. EMPLOYEE: A member of the exclusively recognized bargaining unit. OFFICER: Officer elected or appointed by the Union. MEMBER: A member of LELS (Local No. 35) in the bargaining unit to which this contract applies. ARTICLE III MANAGEMENT RIGHTS 3.1 The Employer retains the full unrestricted right to establish policy as to functions and programs of the employer, its overall budget, utilization of technology, the organizational structure and selection and direction and number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. • -20R2- ARTICLE IV LEGAL SERVICE 4.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, Employer shall defend, save harmless and indemnify an Employee and/or Employee's estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the Employee's duties. ARTICLE V UNION SECURITY 5.1 The Employer agrees to cooperate with the Union in the deduction of regular monthly dues for those Employees who request in writing to have regular monthly Union dues checked off by payroll deduction. The Employer agrees to remit such regular monthly dues in a manner to be prescribed by the Union. 5.2 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgements brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of paragraph 5.1 of this Section. 5.3 The Employer agrees not to enter into any additional agreements with its Employees, individually or collectively, concerning any terms or conditions of employment. 5.4 The Union may designate members to act as stewards or officers and shall inform the Employer in writing of such choice and of any changes in stewards or officers. • 5.5 The Employer agrees to make space available on the Employer bulletin board for the posting of Union notice(s) and announcements and to make space available for Union meetings when it does not conflict with the operation of the department. 5.6 The Employer agrees to allow the officers and representatives of the bargaining unit reasonable time off and leaves of absence, with prior approval and without pay, for the purpose of conducting Union business when such time will not unduly interfere with the operations of the department. 5.7 The Employer agrees to post all promotional opportunities within the department; to publish the method by which promotion shall be made within the department; and to make copies of all work rules and regulations available to Employees. ARTICLE VI EMPLOYER SECURITY 6.1 Neither the Union, its officers or agents, nor any of the Employees covered by this Agreement will engage in, encourage, sanction, support or suggest any strike, slowdown, mass resignations, mass absenteeism, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part of the full, faithful and proper performance of duties of employment for the purpose of inducing, influencing, or • - 209G3- coercing a change in the conditions, compensation or the rights, privileges or obligations • of employment. ARTICLE VII EQUAL APPLICATION 7.1 The Employer shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an official capacity on behalf of the Union, which is in accordance with the provisions of the Agreement. The Union shall not discriminate against, interfere with, restrain or coerce an Employee from exercising the right to join or not to join the Union and will not discriminate against any Employee in the administration of the Agreement because of non - membership in the Union. '7.2 The Union accepts its responsibilities as exclusive representative and agrees to represent all Employees in the bargaining unit without discrimination. 7.3 Notwithstanding any of the provisions of this Agreement, the Employer, at its sole discretion, may take such actions as are necessary to effectuate compliance with the Americans with Disabilities Act. Such action shall not be a violation of the Agreement, nor shall it be a subject of grievance arbitration. ARTICLE VIII PREVAILING RIGHTS • 8.1 All benefits, rights and privileges now in effect for Employees and not specifically contained in this Agreement shall remain in full force and effect, without change or termination by the Employer. ARTICLE IX SAVINGS 9.1 This Agreement is subject to the laws of the United States and the State of Minnesota. 9.2 In the event that any provisions of this Agreement shall be held to be contrary to law by a court or competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated upon written request of either party. ARTICLE X GRIEVANCE PROCEDURE 10.1 For the purpose of this Agreement, the term "grievance" means any disputes arising concerning the interpretation or application of the express provisions of this Agreement or any term or condition of employment. 10.2 In the event of such grievance arising, there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this • Agreement. -2094- 10.3 The Employer and the Union agree that the investigation and processing of grievance • shall be accomplished during the normal work day without a reduction in wages or loss of leave time to the aggrieved or the union steward while consistent with Employee duties and responsibilities. 10.4 Procedure. Grievances, as defined by Section 10.1, shall be resolved in conformance with the following procedure: STEP 1 An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within fourteen (14) working days after such alleged violation has occurred, present such grievance to the Employee's supervisor, in writing, as designated by the Employer. The Employer designated representative will discuss and give an answer, in writing, to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer designated representatives final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. • STEP 2 If appealed, the written grievance shall be presented by the Union and discussed with the City Manager (Employer - designated Step 2 representative). The Employer - designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer - designated representative's final answer in Step 2. A grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. STEP 2A If the Employer and the Union mutually agree, a grievance unresolved in Step 2 may be submitted to the Minnesota Bureau of Mediation Services for mediation within ten (10) calendar days following the Step 2 Employer response. If the grievance is submitted to mediation and is not resolved, it may be appealed to Step 3 within ten (10) calendar days of the date of the mediation meeting. Any grievance not appealed in writing to Step 3 within ten (10) calendar days shall be considered waived. STEP 3 A grievance unresolved in Step 2 and 2A and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The • - 20945- selection of an arbitrator shall be made in accordance with the "Rules • Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 10.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issues(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. C. The fees and expenses of the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either parry desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. It both parties desire a verbatim record of the proceedings, the cost shall be shared equally. • 10.6 Waiver If a grievance is not presented within the time limits set forth above, the grievance shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, the grievance shall be considered settled on the basis of the Employer's last answer. If the employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 10.7 Choice of Remedy If, as a result of the written Employer response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an Employee who has completed the required probationary period, the grievance may be appealed to either Step 3 or a procedure such as: Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 3, the grievance is not subject to the arbitration procedure as provided in Step 3. The aggrieved Employee should indicate in writing which procedure is to be utilized, Step 3 or another appeal procedure, and should sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 3. The election is -20�6- set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. • ARTICLE XI DISCIPLINE 11.1 The Employer will discipline for just cause only. Discipline will be in one or more of the following forms: A. Oral reprimand B. Written reprimand C. Suspension D. Demotion, or E. Discharge 11.2 Notices of suspensions, demotions and discharges will be in written form and will state the reasons for the action taken. Suspensions will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the employee is demoted, and will not cause the loss of departmental seniority. 11.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. The Employee will receive a copy of such reprimands and/or notices. A. At the request of the employee, all oral and written reprimands will be removed • after 18 months provided there has been no same or similar disciplinary action taken against the employee during this period. The provision does not apply to discipline involving sexual harassment and discrimination based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. 11.4 Investigations A. Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. B. Employees shall be informed of all charges or accusations made against them which, if proven, could result in disciplinary action. C. Upon completion of an investigation, the subject of the investigation has the right to know the names of all complainants. D. No complaint against an Employee shall be entertained, nor any investigation of such complaint be held, unless the complaint is signed by all complainants. • -20 %7- E. Upon completion of all investigations concerning disciplinary actions, the • Employer shall fully disclose all evidence against the Employee to the Employee in writing. 11.5 Discharges will be preceded by a five (5) calendar day suspension without pay. 11.6 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 11.7 Grievances relating to this Article may be initiated by the Union in Step 2 of the grievance procedure. ARTICLE XII JOB SAFETY 12.1 It shall be the policy of the Employer that the safety of Employees, the protection of work areas, the adequate training in necessary safety practices and the prevention of accidents are a continuing and integral part of its everyday responsibilities. 12.2 It shall be the responsibility of all Employees to cooperate in programs to promote safety to themselves and the public and to comply with rules promulgated to insure safety. This employee responsibility shall include the proper use of all safety devices in accordance with recognized safety procedures. i ARTICLE XIII VOLUNTARY SHIFT SWITCHING 13.1 Employees may voluntarily switch shifts with the prior approval of the Police Chief. Voluntary switching of shifts shall not obligate the Employer for overtime pay. ARTICLE XIV SENIORITY 14.1 Definition Seniority shall be determined by the Employee's length of continuous service within each of the Police Department's bargaining units. If bargaining units change or are eliminated, seniority will carry over. The Chief of Police shall maintain an active seniority roster for those officers within each of the Police Department's bargaining units. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for just cause, retirement or death. An Employee's continuous service record shall be reduced by time on suspension. When two or more Employees have the same seniority date, their position on the seniority list shall be determined by lot. 14.2 Layoffs When a reduction in the work force becomes necessary, the employee with the least seniority shall be permitted to bump back into the Police Officer job classification if an • opening exists or arises during time of layoff. If not, the Employee shall be laid off. The 1•: last Employee demoted or laid off shall be the first to be promoted or recalled to work. No new Employees shall be hired or promoted to fill the vacancy until either the layoff list has been exhausted or sixty (60) months have passed since the last layoff. 14.3 Recall Employees shall be recalled in order of seniority for a position within the same classification held prior to layoff available for a qualified employee on layoff. The Employer shall mail, by certified mail, the recall notice to such employee who shall have fourteen (14) calendar days from the date of mailing of such notice to accept re- employment. If written acceptance is not received by the City Manager within such fourteen (14) calendar day period, it shall constitute a waiver on the part of such employee to any further rights of employment or reinstatement and shall forfeit any future employment or reinstatement rights. 14.4 Probationary Employees The probationary period for Employees covered by this contract shall be twelve (12) months. During the probationary period a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned Employee maybe returned to his/her previous position at the sole discretion of the Employer. 14.5 Vacation Schedule One continuous vacation period shall be selected on the basis of seniority until March 15 of each calendar year. 14.6 Assignments, Transfers, Promotions Shift assignments shall be made on the basis of seniority. ARTICLE XV CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE XVI WORK SCHEDULE 16.1 Normal work year shall consist of 2,080 hours to be accounted for by each Employee through: Scheduled Hours of Work Holidays Roll Call and Staff Meetings Training • • • -20�9- • Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. ARTICLE XVII COURT TIME 17.1 An Employee who is required to appear in Court during the Employee's scheduled off - duty time or who received notice of cancellation of such a court appearance less than 18 hours prior to the scheduled time for the court appearance, shall receive a minimum of two (2) hours pay at one and one half (1 -1/2) times the Employee's regular base pay rate. An extension or early report to a regularly scheduled shift does not qualify the Employee for the two (2) hour minimum. ARTICLE XVIII OVERTIME 18.1 Employees shall be compensated at one and one -half (1 -1/2) times the Employee's regular base pay rate for hours worked in excess of the Employee's regularly scheduled shift. Changes in shifts do not qualify an Employee for overtime under this Article. Employees shall not be entitled to any overtime, or compensatory time, without the approval of the Mound Chief of Police or a designate. 18.2 Overtime will be distributed as equally as practicable. Overtime refused by an Employee will, for record purposes, be considered as unpaid overtime worked. For the purposes of • computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. Overtime shall be calculated to the nearest fifteen (15) minutes. 18.3 Staff and departmental meetings shall not qualify as overtime, up to a maximum of four hours per month provided at least a forty -eight (48) hours notice is given of the meeting and it is scheduled during a regularly scheduled work day. 18.4 Employees will receive straight time pay for situations that involve multiple telephone calls or involve cases that interrupt their off -duty time. The determination is to be left to the discretion of the Chief of Police. ARTICLE XIX SICK LEAVE AND FAMILY MEDICAL LEAVE ACT (FMLA) 19.1 Employees shall accrue eight (8) hours of sick leave with pay for each calendar month of employment. 19.2 Time on suspension, absent without leave or leave without pay shall not be counted in determining a calendar month of employment. Inability of an Employee to work due to either sickness or injury shall not result in the loss of the Employee's status as an Employee. • - 210y0- 19.3 In the event of the death of a full -time Employee, the beneficiary designated by the Employee shall be entitled to the monetary value of the Employee's accumulated sick • leave in accordance with the table set forth in Article XXI, Severance Pay. 19.4 The use of three (3) or more consecutive sick days will require the Employee to submit a doctor's note with an explanation of the sickness or injury. A. Sick leave shall not be considered as a privilege which an Employee may use at his/her discretion, but shall be allowed in the case of personal illness, legal quarantine, disability of the employee, disability related to childbirth, to receive dental or medical care or if there is serious illness in the immediate family and no other responsible adult is available to care for the ill family member. "Immediate family member" here is defined as Employee's mother, father, siblings, spouse, children, step - children, grandchildren, grandparents, and spouse's mother, father, siblings, children, grandparents and grandchildren. B. An Employee may use personal sick leave benefits accumulated in accordance with this Article for absences due to an illness of the Employee's child for such reasonable periods as the Employee's attendance with the child may be necessary, on the same terms the Employee is able to use sick leave benefits for the Employee's own illness. For the purposes of this paragraph, "child" is defined in accordance with Minnesota Statute §181.940, sub. 4 as an individual under 18 years of age or an individual under age 20 who is still attending secondary school, and shall include a step child, ward or adopted child under the ages specified • herein. 19.5 Upon employment, each Employee shall immediately accumulate ninety (90) days of additional sick leave to be used only for injuries or illnesses on the job. After an initial waiting period per injury as set forth in the Minnesota Workers' Compensation Act, the Employee will be paid the difference between the employee's regular pay and workers compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to Employee's vacation or sick leave accumulated in Sections 1 and 2. Upon return to work from such injury on duty sick leave, the employee shall immediately accumulate up to ninety (90) days of sick leave. Sick leave under this section shall not apply to severance benefits. The Employer reserves the right to have the injured Employee examined by a doctor of its choice to determine the Employee's fitness for duty within the Employee's job classification and prior to return to duty to determine if that Employee is fit to perform all duties of the Employee s job classification. 19.6 The FMLA language stated in the Administrative Code will apply to employees covered under this contract. ARTICLE XX FUNERAL LEAVE Funeral leave, for immediate family, not to exceed three (3) days will be allowed. If more than three (3) days are required, approval must be given by the Chief of Police and the days must be -2193- taken from accumulated sick leave, vacation accruals or comp time earned. "Immediate family" • is defined as mother, father, siblings, spouse, children, grandparents and spouse's mother, father, siblings, children, grandparents and grandchildren or other member of the household with the approval of the department head. ARTICLE XXI SEVERANCE PAY 21.1 The following is the severance pay schedule, based upon accumulated sick leave, which shall become effective for all Employees upon reaching tenure of five (5) years (60 months): 2005 2006 2007 2008 41% 44% 48% 53% 46% 49% 54% 59% 52% 55% 60% 66% 57% 60% 66% 73% 62% 66% 72% 80% After 5 years service After 10 years service After 15 years service After 20 years service After 25 years service • 21.2 Sick leave shall be paid to the Health Care Savings Plan in accordance with Section 14A of the Administrative Code 21.3 An employee who is discharged from employment for just cause shall not be entitled to severance pay under this Article. ARTICLE XXII ANNUAL LEAVE (VACATION) 22.1 Employees shall receive paid vacations based upon the following schedule: 0 -5 years of service 6 -10 years of service 11 -15 years of service 16 -20 years of service 21 -25 year of service 26+ year of service • 10 days per year 15 days per year 20 days per year 25 days per year 27 days per year 30 days per year 22.2 Paid vacation shall be earned during the first year of employment but cannot be taken without the approval of the City Manager. 22.3 At the time of termination or retirement, the employee shall receive all accrued vacation and/or comp time in the form of a check. 22.4 No contributions to the Health Care Savings Plan are permitted by MSRS after the death of an employee. Therefore, any pay related to hours worked, accrued vacation and comp time, and the sick portion of severance pay calculated according to Section 21.1, Severance Pay, will be paid according to the payment method in effect during the last full -219 ? - pay period in which the employee was paid, which is in the form of a direct deposit to the financial institution(s) on record. • ARTICLE XXIII HOLIDAYS 23.1 The Employer agrees to provide the following paid holidays: New Year's Day Veteran's Day Martin Luther King Day Thanksgiving Day President's Day the Friday after Thanksgiving Day Memorial Day Christmas Eve Day Independence Day Christmas Day Labor Day One (1) Floating Holiday 23.2 Employees who work on any of the above - listed holidays shall receive a cash payment of two (2) times the Employee's regular base pay rate, plus one (1) day off at the regular base pay rate. 23.3 Employees may elect to receive their holiday differential pay in a lump sum in the first non -pay week as soon as possible after the first of December of each year. Those employees who choose the lump sum payment may work at straight time and receive an additional day off plus their holiday pay or may work the holiday for double time and receive one days pay in their lump sum. ARTICLE XXIV COMPENSATION • 24.1 Employees shall be compensated in accordance with the salary schedule marked "Appendix A ", attached hereto and made a part of this Agreement. ARTICLE XXV INSURANCE 25.1 The Employer agrees to pay the full premium for the Employee only hospitalization /major medical insurance for each full -time Employee from the first of the month following thirty (30) days of continuous employment. The Employer agrees to contribute up to $925 per month in 2010 toward the cost of dependent coverage from the first of the month following thirty (30) days of continuous employment for each full -time employee who elects dependent coverage under this agreement. Any additional costs for such dependent coverage shall be paid by the Employee through payroll deduction. In no event shall the Employer's contribution exceed the actual cost of the coverage selected by the Employee. 25.2 The Employer agrees to pay the full premium payment for a ten thousand dollar ($10,000) life insurance policy and a long -term disability insurance policy for each full - time Employee, from the first of the month following thirty (30) days of continuous employment. The qualifying period for Long Term Disability (LTD) Insurance shall be -2192- ninety (90) days. Employees shall not earn more while on LTD than they would receive • in base pay if they were in a work status. Effective November 1, 2008, when the City of Mound offers an upgrade to the Long - Term Disability Insurance Plan, the pertinent language stated in the City Administrative Code will apply to employees covered under this contract. 25.3 The Employer agrees to pay the full premium for dental insurance coverage for each full - time Employee who elects employee only coverage from the first of the month following thirty (30) days of continuous employment. The Employer agrees to contribute up to the equivalent of the employee -cost per month for dependent coverage for each full -time Employee electing such coverage from the first of the month following thirty (30) days of continuous employment. Any additional costs for such dependent coverage shall be paid by the Employee through payroll deduction. 25.4 As the City of Mound offers a Health Care Savings Plan, the pertinent language stated in the City Administrative Code Section 14A applies to employees covered under this contract. As the City of Mound offers a Short Term Disability Insurance Plan, the pertinent language stated in the City Administrative Code applies to employees covered under this contract. • ARTICLE XXVI EYE EXAMINATIONS The Employer shall pay thirty -seven dollars ($37.00) per year toward an eye examination or eyeglasses for each full -time Employee at the employees option, as prescribed by the Employee's doctor. ARTICLE XXVII P.O.S.T. LICENSE FEE The Employer will pay the cost of the employee's Peace Officer License. ARTICLE XXVIII UNIFORM ALLOWANCE 28.1 Each Employee shall be entitled to an annual uniform allowance in the amount of $800 effective 1 -1 -06 and 1 -1 -07. 28.2 The Employer agrees to replace all clothing damaged in the line of duty at no cost to the Employee. ARTICLE XXIX MANDATORY DRUG TESTING The drug testing policy shall be negotiated subject to Minn. Stat. 181.950. • -2191- ARTICLE XXX INCENTIVES 30.1 EDUCATION REIMBURSEMENT If funds are not provided by any other Government Agency, the Employer shall pay the cost of tuition equal to that charged by State Institutions after the employee has successfully completed a course with a grade of "C" or better. The course must be approved in advance by the City Manager. Upon completion of the course, the Employer will pay the employee a one time payment of five ($5.00) dollars for each credit hour the employee earned. ARTICLE XXXI JURY DUTY Any bargaining unit member who is required to serve on jury duty shall be granted an amount of compensation which will equal the difference between the employee's regular base pay rate and the compensation paid for jury duty. ARTICLE XXXII DURATION • Except as herein provided, this Agreement shall be effective January 1, 2010 and shall continue in full force and effect until December 31, 2010, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing by July 1 of the year in which modifications are desired, so as to comply with the provision of the Public Employment Labor Relations Act of 1971 as amended. • CITY OF MOUND LAW ENFORCEMENT LABOR SERVICES Mayor City Manager Date Date • -21W- • City of Mound Employees' Salary SERGEANT January 2010 January 2010 Monthly Hourly Start $5,401.20 $31.16 After 24 Months $5,745.97 $33.16 After 48 Months $5,860.88 $33.81 LIEUTENANT January 2010 January 2010 Monthly Hourly • $6,153.92 1 $35.50 INCENTIVE PROGRAM Appendix A Employees may earn additional pay based on the following percentages figured on to their base pay and paid as soon as possible after the 15 of December: 1.5% addition on the base for living and owning within the City of Mound 2% addition on the base for a four year degree 1.5% addition on the base for achieving fitness standard of 19 pts. 2% addition on the base for problem- solving utilizing the SARA model and appropriate documentation. Project to receive prior approval by the Police Chief -21 9p- MEMORANDUM OF AGREEMENT • This Memorandum of Agreement is entered into between the City of Mound (hereafter "Employer ") and Law Enforcement Labor Services, Inc., Local No. 35 (hereafter "Union "). WHEREAS, the Employer and the Union are parties to a Labor Agreement covering employees in the positions of Sergeant of Patrol and Lieutenant; and WHEREAS, the Employer believes that a minimum level of physical fitness is important to the safety and health of each employee; and WHEREAS, the employer wishes to encourage employees to be physically fit. NOW, THEREFORE, the parties agree as follows: 1. The Employer will implement a physical fitness program as set forth in Attachment A hereto. 2. Each employee may participate in the physical fitness program, at the employee's option. Participation in the physical fitness program is voluntary. 3. This Memorandum of Agreement shall be in effect from January 1, 2010 through December 31, 2010. • IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement on this day of , 2010. FOR THE CITY OF MOUND FOR LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL 35 • -21?7- MOUND PHYSICAL FITNESS PROGRAM I. INTRODUCTION Following are the standards for the fitness program for the Mound Police Department. Officers who agree to participate in the program will be eligible to receive additional incentives as outlined within this program document. The standards used have been developed by Dr. Kenneth Cooper and the Federal Bureau of Investigation. It is mutually agreed that a minimum level of physical fitness is important to the safety and health of each officer in adequately performing their duties. II. STANDARDS The areas to be measured to determine officer's physical fitness levels are: A. Aerobic Capacity B. Flexibility C. Dynamic Strength D. Absolute Strength E. Body Fat Scale • A. AEROBIC CAPACITY The aerobic capacity test will consist of a mile and a half run for time or a 12 minute Air -Dyne cycling test. Tables for proficiency will be used as outlined in The Aerobics Program for Total Well- being, by Dr. Kenneth Cooper. B. FLEXIBILITY Consists of a "stretch and reach" test measured in inches. C. DYNAMIC STRENGTH Sit -ups Bent -knee sit -ups with ankles secured and hands folded across the chest or flat along the floor. Push -ups Straight body push -up with no rest stops. • -21Q9- D. ABSOLUTE STRENGTH • Bench press Bench press utilizing the Universal Gym Leg press Leg press utilizing the Universal Gym. E. BODY FAT COMPOSITION Using skin -fold calipers. III INCENTIVES As an incentive for maintaining good physical fitness, police personnel will earn "fitness time" compensation. "Fitness time" will be used in a similar fashion to comp -time currently used within the department. "Fitness time" will be accrued separately from comp -time and must be used within the calendar year earned. Personnel testing will be administered twice annually for those who volunteer to take part in the program. Testing will be held in the months of April and October each year. "Fitness time" shall be earned as follows: 16 hours for those who score 30 points or more and have had 2 or less "sick leave episodes" within the last 6 months. • 12 hours for those who score 22 points or more (no category less than 2) and have had 2 or less "sick leave episodes" within the last 6 months. 8 hours for those who score 16 points (no category less than 2) and have had 2 or less "sick leave episodes" within the last 6 months. 4 hours for those who score <16 points (no category less than 1) and have had 2 or less "sick leave episodes" in the last 6 months. Mound Police Fitness "logo' products Individuals who become involved in the program will be provided with a Mound logo T -shirt for their participation. Individuals who score within the above perimeters in both the April and October testing periods will be awarded reimbursement for athletic clothing and/or running shoes upon presentation of a receipt as follows: >_30 points; $100 value per year >_22 points; $65 value per year >_16 points; $40 value per year • -21??_ • IV. MEDICAL EXAMINATION Individuals who have not had a fitness assessment (within the last 2 years) will be required to be evaluated before any testing. Individuals who are over 35 years of age will be required to provide doctors authorization before participating. SICK LEAVE EPISODE - a period of time missed due to a single illness or injury. Single day sick equals 1 episode; continuous 3 day absence for same illness equals 1 episode. • • -21 IT FITNESS STANDARDS Fitness Points Gender Minimum 20 -29 30 -39 40 -49 50 -59 1.5 MILE RUN TEST 1 M 17:00 F 20:00 3 M F 5 M F 6 M F 12 MINUTE CYCLING TEST (in miles) 1 M 2.25 F 1.50 2 M F 3 M F 5 M F FLEXIBILITY (sit and reach in inches) 1 M 13.3 F 16.8 2 M F 3 M F 5 M F < 14:00 < 14:45 < 15:35 < 17:00 18:30 19:00 19:30 20:00 < 12:00 < 12:30 < 13:00 < 14:30 15:54 16:30 17:30 19:00 < 10:45 < 11:00 <1 1:30 < 12:30 13:30 14:30 15:55 16:30 < 9:45 < 10:00 < 10:30 < 11:00 12:30 13:00 13:45 14:30 < 3.75 <3.25 <3.00 < 2.25 2.50 2.25 2.00 1.50 < 4.50 < .4.25 < 4.00 <3.50 3.50 3.25 3.00 2.00 < 5.50 <5.25 <5.00 <4.50 4.50 4.25 4.00 3.50 >5.50 >5.25 >5.00 >4.50 >4.50 >4.25 >4.00 >3.50 <16.5 <15.5 <14.3 <13.3 19.3 18.3 17.3 16.8 <18.5 <17.5 < 16.3 <15.5 20.5 20.0 19.0 18.5 < 20.5 < 19.5 <18.5 < 17.5 22.5 21.5 20.5 20.3 >20.5 >19.5 >18.5 >17.5 >22.5 >21.5 >20.5 >20.3 7 *I •I -21��- [7 I* I* FITNESS STANDARDS (2) Fitness Points Gender Minimum 20 -29 30 -39 40 -49 50 -59 DYNAMIC STRENGTH (sit -ups push -ups) Sit -ups (one minute) 1 M 24 <38 <35 <29 <24 F 14 <32 <25 CO <14 2 M <42 <39 <34 <28 F <38 <29 <24 <20 3 M <47 <43 <39 <35 F <44 <35 <29 <24 4 M >47 >43 >39 >35 F >44 >35 >29 >24 5 M >55 >52 >28 >25 F >50 >43 >40 >35 Push -ups (no resting) 1 M 15 <33 <27 <21 <15 F 5 <8 < < < 2 M <37 <30 <24 <19 F <12 <10 <8 <7 3 M <47 <39 <30 <25 F <18 <15 <13 <20 4 M >47 >39 >30 >25 F >23 >20 >16 >12 M >55 >47 >39 >32 F >30 >24 >20 >15 ABSOLUTE STRENGTH (Bench press & Leg press) Rating charts attached FITNESS STANDARDS (3) • Fitness Points Gender Minimum 20 -29 30 -39 40 -49 50 -59 BODY FAT PERCENTAGE 1 M <25 <26 <27 <28 F <27 <29 <31 <33 2 M <20 <22 <24 <25 F <24 <26 <28 <30 3 M <16 <18 <20 <22 F <21 <23 <25 <28 4 M <12 <14 <16 <18 F <18 <20 <22 <25 5 M >5 <10 <10 <12 <14 F >8 <12 <15 <17 <20 U r� -2113- • rl" September 20, 2010 NOTICE OF HEARING ON 2011 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Mound will meet in the council chambers of city hall at 7:00 p.m. on Tuesday, October 12, 2010, to consider the making of improvements on the following streets, pursuant to Minnesota Statutes 429.011 to 429.111: Southwest Island Area • Aberdeen Road Alexander Lane Amhurst Lane Argyle Lane Canterbury Road Charles Lane Churchill Lane Cumberland Road Dale Road Devon Lane Dexter Lane Donald Drive Drummond Road Drummond Road Drummond Road Dundee Lane Franklin Road Gladstone Lane Glasgow Road Hanover Road Hanover Road Lanark Road Phelps Road Piper Road Roxbury Lane Seabury Road Sulgrove Road Warner Road Waterbury Road Waterbury Road Windsor Road Windsor Road Tuxedo Boulevard west to end Tuxedo Boulevard to Donald Drive Tuxedo Boulevard to Island View Drive Tuxedo Boulevard to Alexander Lane Devon Lane west to end Franklin Road to Piper Road Donald Drive south to end Devon Lane west to end Donald Drive to Glasgow Road Tuxedo Boulevard to Lanark Road Tuxedo Boulevard to Island View Drive Devon Lane to Brighton Boulevard Roxbury Lane east to end Tuxedo Boulevard west to end Tuxedo Boulevard east to end Tuxedo Boulevard to Donald Drive Charles Lane to Warner Road Franklin Road south to end Devon Lane to Argyle Lane Roxbury Lane east to end Tuxedo Boulevard east to end Devon Lane to Argyle Lane Warner Road to Tuxedo Boulevard Charles Lane to Tuxedo Boulevard Hanover Road to Drummond Road Warner Road east to end Warner Road to Tuxedo Boulevard Piper Road to Sulgrove Road Warner Road east to end Warner Road west to end Tuxedo Boulevard east to end Warner Road east to end Municipal State Aid Segment Ridgewood Road, Idlewood Road, and Highland Blvd from Westedge Blvd to Bartlett Blvd The estimated cost of the improvement is $5,312,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed • improvement will be heard at this meeting. Bonnie Ritter, City Clerk Published in The Laker on September 25 and October 2_2114_ CITY OF MOUND RESOLUTION NO. 10 -_ • RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2011 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT WHEREAS, a resolution of the City Council adopted the 24 day of August, 2010, fixed a date for a Council hearing on the proposed 2011 Street, Utility, and Improvement Project for improvement of the following streets: Southwest Island Area Aberdeen Road Tuxedo Boulevard west to end Alexander Lane Tuxedo Boulevard to Donald Drive Amhurst Lane Tuxedo Boulevard to Island View Drive Argyle Lane Tuxedo Boulevard to Alexander Lane Canterbury Road Devon Lane west to end Charles Lane Franklin Road to Piper Road Churchill Lane Donald Drive south to end Cumberland Road Devon Lane west to end Dale Road Donald Drive to Glasgow Road Devon Lane Tuxedo Boulevard to Lanark Road Dexter Lane Tuxedo Boulevard to Island View Drive Donald Drive Devon Lane to Brighton Boulevard Drummond Road Roxbury Lane east to end Drummond Road Tuxedo Boulevard west to end Drummond Road Tuxedo Boulevard east to end Dundee Lane Tuxedo Boulevard to Donald Drive Franklin Road Charles Lane to Warner Road Gladstone Lane Franklin Road south to end Glasgow Road Devon Lane to Argyle Lane • Hanover Road Roxbury Lane east to end Hanover Road Tuxedo Boulevard east to end Lanark Road Devon Lane to Argyle Lane Phelps Road Warner Road to Tuxedo Boulevard Piper Road Charles Lane to Tuxedo Boulevard Roxbury Lane Hanover Road to Drummond Road Seabury Road Warner Road east to end Sulgrove Road Warner Road to Tuxedo Boulevard Warner Road Piper Road to Sulgrove Road Waterbury Road Warner Road east to end Waterbury Road Warner Road west to end Windsor Road Tuxedo Boulevard east to end Windsor Road Warner Road east to end AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 12 day of October, 2010, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, 1. The 2011 Street, Utility, and Retaining Wall Improvement Project is found to be necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvements are hereby ordered as proposed. 3. Bolton & Menk, Inc., is hereby designated as the engineer for this improvement. The • engineer shall prepare plans and specifications for the making of such improvement. - 211P- 4. The City Council declares its official intent to reimburse itself for the cost of the • improvement from the proceeds of the tax - exempt bond. Adopted by the City Council this 12 day of October, 2010. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk r • -211P- 2011 Street Project Preliminary Roll NOTE: Unit Amount is engineer's estimate. 61 William D Winter 3343 Wamer Ln UNIT EXTRA APRON TOTAL NAME ADDRESS PID NO. , AMOUNT AMOUNT ASSESSMENT 1 Daniel A Schroepfer 3375 Warner Ln 25- 117 -24 -24 -0069 1 $6,250.00' 2, William & Meredith Brandt 3367 Warner Ln 25- 117 -24 -21 -0173 1 $6,250.00 3�Fred & Margaret Merrill - 3359 Warner Ln _ 1 25-117-24-21-0131 1 -- $6,250.00 41 Mark J & Dawn R Berg 3355 Warner Ln L 25- 117 -24 -21 -0130 , 1 $6,250.00 5 ;Donald F McCarville - - 3349 Warner Ln -- - 1 25- 117 -24 -21 -0129 1 - - 11 - $6 61 William D Winter 3343 Wamer Ln 25- 117 -24 -21 -0128 1 $6,250.00, 7 }Robert J & Ma E S_tacke 3337 W Ln 12 5-117-24-21-0127 1 $6 Keith A Clark '3325 Warner Ln 125-117-24-21-0126 - r - _ - 9 K A Clark 1 3325 Warn Ln - - 125 117 24 21 -0125 1 $6,250.00; - - - - 10 Keith A C 3325 W Ln X 25 -11 7-24-21-0124 - -- 1 $6 250 00' - -- -- - - 11rtEdward J Andrews 3301 Warner Ln 25 -117 24 -21 -0166 f- 1 r t6 . _ - + , -- 5325 Waterbury Rd - -! - - - 2600 W Lafayette Rd 12' J effery f Jeffe & Lynn Radunz Excelsior, MN 55331 �� 25- 117 -24 -21 -0165 1 $6 250.00 - Bradle A - - - y- 3249 rner Ln W 25- 117 -24 -21 -0007 i - 1 $6 250.00 - - -- - - - 3243 Warner Ln 4895 Co. Rd. 19 Maple David ocker 1 25-117-24-21-0172 1 $6,250.001 15rPh Phili P V o 3232 Glads Ln 125 -117 24 21 -0150 1 $6 16 Troy K Jordan ! 3 Glads Ln -- 322 125-117-24-21-0143 1 - - - -- _ 17� Ronald A Stallman- 19 War Ln ---- n _ - -- 25-117-24 _ - -- L _ $6,250.00 - -- - - - - -- -- - - -- ` 18 Cit of Mound J - L -- -- 25 117 24 21 -0122 - -- 1 - $6,250.00 - -- �- -- 3260 Gladstone Ln Mag Y Bay Eden 19 David & Victoria Vandersteen Prairie, MN 55 347 125-117-24-21-0146 25 -117 24 21 -0146 I 1 ' 1 250 00 _ _ 201Stacey --- Mark Gold & - a o g -_ '3247 Glads 25- 1 -2 -21 -01 - - -- I - - $6 $6,250.001 -- -- - - - - - -- ' 21 Kurt L Silton 32 7 Gladstone n 12 5-117-24-2 1-0 118 i 1 6 250.00 r - - -- -- 3231 Gladstone Ln _ _ ' I 15 Orme Lane 22J. 23 Schwebel & K Hawkins r e Fmmons St Paul MN 5_5116 2 5- 11 - 24 -21 -011 1 1 - $6 250.00 - - -+ - - -- 24 �, ary &Te Lyo ns Gary & G e _- I 3219 Gladsto Ln - 2 - - - -117 24 -21 -0114 -- 1 L - $6 2 50 00' 25 - -- Bria & Delores Skalbeck 5341 Franklin Rd � 25 2 5-11 7 -24-21-0115 1 _ - $6,250.00 26 Joel E Johnson 5309 Piper Rd 25-117-2 1 ! $6,250.00 27 iThomas K Cormican 5 Piper Rd 25_117 24 21 -0011 $ 6 250.00 28 - J E Sullivan - - 5317 Piper Rd --- - 25 -1 24 21 -0 012 - - 1 1 $6 250.00 - 29 Nancy A Eilola -- - 5325 Piper Rd - - - - 25- 117 -24 -21 -0013 1 -- -- - - 1 $6,250.00, -- -- - - -- - - - - 30 Ro er & Melanie Allen -9 - 3208 Charles Ln X25 -117 24 21 -0136 Y 1 $6,250.00" 31 Ronald S Gehnng 3215 Charles Ln i 25-117-24-21-0113 i 1 $6,250.00 32 FBernard J Mackell 3207 Charles Ln 25- 117 -24 -21 -0112 -1 $6 250.00', 3201 Charles Ln 16350 W Boulder Dr 33 1 Ronald P Predovich Surprise, AZ 85374 1 2 5-1 1 7-2 4 -2 1-0164 1 1 ' $6,250.00 - 341 Larry Constance McCall 5346 Piper Rd - '25-117-24-21-0163 - 1 -- -- _- - $6,250.00 i 35'Curtis L Schroeder 5342 Piper Rd 1 25- 117 -24 -21 -0110 1 $6,250.00, • • •9/16/10 • • 2011 Street Project Preliminary Roll NOTE: Unit Amount is engineer's estimate. - 125- 117 00 _37_ 1 EXTRA APRON TOTAL 3400 Warner Ln PID NO. AMOUNT AMOUNT ASSESSMENT - I ADDRE p SS 1NA 9E 36 Gary M Clausen 15338 Piper Rd 25- 117 -24 -21 -0109 - - -- - 1 - $6,250.00: 125-117-24-21-00 -- - 37 Craig & Myra Stoesz y 5334 Piper Rd 25- 117 -24 -21 -0108 $6 - - 1 $6,250.00 5213 Drummond Rd - 38 William Th -- omas Knox 5330 Piper Rd 25- 117 -24 -21 -0107 1 $6,250.00 r- ' 39 David L Lau -- -- -- - 5326 Pi er Rd 25 -117 24 -21 -0106 -- 1 - -- $6,250.00L - - 5322 Piper Rd Loretto, MN 55357 25- 117 -24 -21 -0035 - 1 __$6 250.001 3801 Salt Meadow Ct S 3225 Tuxedo Blvd 125- 117 -24 -21 -0140 1/21 40 Paul & Debra Erickson ,J FL 32224 i25 -117 24 21 - - 25- 117 -24 -21 -0141 1 $6,250.00 $6,250.00 -- -- -- — eII Michelle Martin - -- - -- - -- 25- - -- - - I - - - -- - I 42tDav d & Ma - 5308 Pi er Rd - - 21- 0103 A 25 -117 24 - - 5226 Windsor Rd - - -1 $6,250.0 44 Roberta Car ton Schermerhor 5354 Pi p er Rd 25- 11 - 24 -2 0101 T 11 1 $6,250.00 $6,250.00 - -- 45 David & Dia ne B artel s $6,25 $6 250 OO r 5246 Piper Rd i25-117-24-21-0100 5238 Piper Rd - 24 117 24 34 -0010 1 1 46t Florence A Ellin -- 47 Wilham & RRitz Nassrf 5228 P er Rd 24 -117 24 -34 -0009 1 250 00 -- - - - - - - -- 5218 Piper Rd - - - -- - -- -- - -$6 _ - -- - - - - _ -- — -- - -- 48 ' DC & ML Ge en /AI &Alma's - 1 ---- y - - - -- 52 Pi er_Rd - -p 5200 Piper Rd - - :24-117-24-34-0008___-L-------- - - - ---- - - 1 � + $6 250.00 _ - -- - - - - - - - -- - - - - - - - -- -- - - - - - -- -- 49 DC & ML Ge e /AI & Alma's -- 1 - -- y 52 Piper Rd 1 24-117-24-34-0001 - -- 1 $6,250.00 $6 ' - - - - SOICit of Mound Y _ 24-117-24-34-0007 - 1 _- $6 2 0 01 r - - - - y /AI Alma's 0 9 521 P i p er Rd - 520 Drummond Rd 2 - 25- 11 -24 - -- 1 -016 _ X25- 117- 24 -2 0 $7 1 6,250. $ 6,250.0 01 1 1 I ' 52 M d ed EToole ' 3 Td W in sre 5aa ed _ r-- 4 V im B rtosh 5214 Drummon R d 5218 Drummon R d - 25- 11 - 2 4 -21 -0 18 1 25- 117 24 1$ $6,250.00 _ 55,Wy Schrupp - 21- 0182 — ' i 11_ $ 6, 250.00' -- - - - -- - - 56 Jo Cabillo_ t _ __ _ y t 3206 Warn Ln ____ ___!25-117-24-21-0 142 - r 1 $6,250 - - _ 85 address unassigned 57 Jov Cabillot 3206 Warner Ln ;25- 117 -24 -21 -0028 1� $6.250.00 58 Mary P Goodf 59'Joshua R Juenk 6 0'Erik C Me 61 Kyle & Teresa El liott 62 Mark & Brenda Orth 63 Michael J Lebens 641Julie Lynn Evans 65 R.J. Reinert & S. A. Tow 661Dennis R Crasweil 5222 Drummond Rd 8992 Quail Ct St.B onifacius, MN 55375 125- 117 -24 -2 -0029 3213 Tuxedo Blvd 25-117-24-21-0032 1 $ 6,250 . 00' 112$3.125.001 $3.125.001 3226 Warner Ln 125- 117 00 _37_ 1 3400 Warner Ln - -- -- -24 -21 - _ i $6, 250.00 - - -- - 52 D rum mo nd Rd 125-117-24-21-00 -- - 1 -- - $6 - - - - -- - - -- -- -- -- - -- 5213 Drummond Rd r- ' 6370 Belle St. Loretto, MN 55357 25- 117 -24 -21 -0035 - 1 __$6 250.001 - - 3225 Tuxedo Blvd 125- 117 -24 -21 -0140 1/21 $3,125.00+ 3233 Tuxedo Blvd - 25- 117 -24 -21 -0141 1/2' $3,125.00, 5220 Windsor Rd ',25-1 1 $6 250.00, 5226 Windsor Rd 2305 Larch Ln N Plymouth, MN 55441 :,25- 117 -24 -21 -0039 1 . $6,250.00 2 9/16/10 2011 Street Project Preliminary Roll NOTE: Unit Amount is engineer's estimate. UNIT EXTRA APRON TOTAL NAME :ADDRESS PID NO. AMOUNT - AMOUNT ASSESSMENT : 3232 Warner Ln - 67 Willette Building Co. PO Box 85 - 25- 117 -24 -21 -0038 1 $6,250.001 68 Paul J Miller 3246 Warner Ln 25- 117 -24 -21 -0054 1 $6,250.00, 69! Mark & Lori Bohn 15223 Windsor Rd 25 -117-24 - -21-0174 1 $6,250.00 701 D.A. Fischer & S.L. Vertnik 1521 7 Windsor Rd T 25- 117 -24 -21 -0051 1 $6,250.00' 71 1 C. Sherman & K. Biesterfeld 15200 Waterbury R 125-117-24-21-0180 t 1/2 $3,125.00 72 [Timothy McNamara -5212 Waterbury Rd ' 125-117-24-21-0179 1 $6,250.00 73! James & Denise C rawford X224 Waterbury Rd 125-117-24-211-01175 1 $6 - - 1 _ _ - -- bu - - -- - - -- -- - -- - -- f - - 76, Julie & Aaron Moore 1 5201 W aterbury Rd 25-117 24 -21 -0058 1/2 $3,125 00 771Kathleen M Olchefs _ 75 T D h omas R Blec Hildebrandt 5219 Water 1 - Rd -- 125 -117 24 21 -0158 1 $6,250.001 �t - -- - 1/2 25 -117 24 -21 -017 $3,125.00! - - - - - -- - ki 5200 Phel s R d _i - - - - - - -- - - - - -- -- -- -� - -- + - - - - -- -- - - _ _ -- ; - - -- 78 i Lisa Norstrem 52 P _I s R d 9 1 25- 117 -24 -21 -0065 1 $6,250.00 85 address unassigned 801Emil L Dika 3312 Warner Ln i2 1 Emil L Dika 3312 Warn Ln X25- 117 -24 -21 -0139 $6 250.00! - - - - - -- - -- - - - $6 - 250 001 - - 81 1 Roger J S T L und 5239 Phelps Rd X25 117 2 2 1 -0080 j 1 $6,250.00, 82 !25-117-24-21-0157 - - -- - ..._ _ -- - -- - -- __ — T - - - Andrew heehan Ph Rd_ 1 $6,250.001 Gloria A Lon le y _ 5 2- -� � 35 -- - - - - - - -� - - - -- - - -- - - - _ 83 _ 52 27 Phelps Rd 125-117-24-21-0077 l _ 84 Gayle L Winters 5217 Phelps Rd - -- 1 25-117 -24- 21-0076 -- 1 : $6,250.00 i 85 !Amy Parenteau 15211 Phe Rd 25-117-24-21-0075 1 $6,250.001 -- -- - - - -- - - 86 Teresa M Reisdorf i33 Tu xedo Blv 25-117-24-21-0074 1/2 $3 87 JEdward J Wulff 15224 Seabury R 25 1 24 -21 -0085 1 $6 250.00t -� _- - -- - - - -- - - 5238 Seabury Rd 25 -117-24-21-0 07 8 t 1 1 $6 250.00 1 - - - - - 88 Christopher & Joan Oliveira 5232 Seabu Rd 25-117-24-21-0084 _ 1 $6,250.00 i -- - 89 Tan ia M Enfield - - - - -..__ _ -- - -- -- - - 91 T _ -- - - 5248 W arner n 25-M- 24 -21 -0081 1 6,250.00;1 - - - -- - - --1334 1 Q $ . -- - - -- - - - Thomas D Frick i _ $6 250 00 90 Thomas D Frick 1 3340 Warne L n 25 117 24 21 -0082 1 92 i Bre shell Construction Inc. 12541 Wex Ln 25- 11 - $6 250. 93!Tro & Ju T asche 5238 Sul rove Rd 25-117-2 1 $6,250.00 ard _ 95 Jeffrey h K Norlry 1 52 Sul rove Rd 25 1 1 $6:250.00 96 D bosh J 52 Su grov Rd 25 1 $6,250.00! _ Bury 971 A Visser 5200 Sul rove Rd 25- 117 - -21 -017 1/2 $3,12 98 CBa J Flug 5251 Sulgrove Rd �25 11 7 -24 -24 -002 1 1 $6 250.00 $6 250 00 r 991 Barbara Jo Needham - - 100 Michael Thomas Nelson 5123 Waterb Waterb Rd 5129 W aterbury Rd 7-24-12- . -_ - 1 25-1 17 24 12 -02 51 1 - 1 $6 250 00 - - 5139 Waterbury Rd 12668 185th St. j 101: Richard &D Sluis _- -- IM MN 56353 -117-24-12-0252 1 $6 5 address unassigned 125 11708 S. 15th St. 102 Chris & Laurie Bac_hio_chi as Vegas, NV 89104 Las 125-117-24-21-0183 1/2 $3,125.00 - E 103 B.E. & T E. Johnson 5147 Windsor Rd -- - 25 -117-24-21-0132 _ � -- - 2/3 _ $4 16 - 1041E Gilbe rtson - Maldonado 5142 Waterbu Rd 1 25- 117 -24 -21 -0047 1 r $6,250.001 •9/16/10 • • • 201 Street Project Preliminary Roll NOTE: Unit Amount is en-gineer's estimate. 1 12 I GRP Loan LLC 113 Reuben A Hartman 11 5 Bradford - M - Bierman 445 Hamilton Ave. 8th Fl. 1 White Plains, NY 10601 25-117-24-21-0160 5124 Windsor Rd 25-117-24-12-0115 5106 Windsor Rd 5109 Drummond Rd 5109 Drummond Rd 5121 Drummond Rd 51 m Drummond Rd - 1161Wallace Grewe/Todd Rask 117 Todd J Rask, Sr. 118 Wentworth 119 Craig Heinsch 1201 Justin McNeal -1 21 i Janell & James Veaderko 122 R onald & Judy Lo Poetz - 124 1 Jeremy Maisch - 12 -- 5 - 1 C 1261 Bay Sales, Inc. 5135 Drummond Rd 3214 Tuxedo Blvd 5128 Drummond Rd 5124 Drummond Rd 5116 Drummond Rd address unassigned 21 University Ave NE Minneapolis, MN 55413 5100 Drummond Rd 14221 Dallas Pkwy #1 1201 1 $6,250.00 1 $6,250.00 25-117-24-12-0224! 1 _ K;M9._00 L 25-117-24-12-0109 _1 1L $6,250.00 25-117-24-12-0230 1 $6,250.00 25-117-24-12-0112 UNIT EXTRA APRON TOTAL NAME !ADDRESS 1 1 PID NO AMOUNT AMOUNT ASSESSMENT 105 Matthew & Kristi Woods :5132 Waterbury Rd 25 -117-24-12-0196 1 -- $6,250.0 - 0�! t 106 Glenn Rogers 25-117-24-12-0103 - - - _ 5116 Waterbury Rd 125-117-24-12-0207 25-117-24-112-01-04_1— __$6,250.00 107 Glenn Rogers 1 address unassigned 25-117-24-12-0206 125 1 $6,250.00 5116 Waterbury Rd 108 ! James H Brunzell Daniel 1 5125 5111 Windsor Rd -117 -24-12-0123 !25-117-24-12-0125 1 - , -T $6 250 - .00, 1 091 P Flicek A— Windsor Rd 14836 Island View Dr �25-117-24-11-0028 r4844 V r25-117-24-11-oi 1 __�6,250.00� in 110 i Glenn Curtis Melena - - 1 - /2 - 5139 Windsor Rd 125-117-24-12-0195 - 14876 Islan Vie w r 1 $6,250.W I t H unt Robini M Toa f -H 1/2 Win 5144 Rd 25 -1 17 -24-21-0159 1 $3,125.00i 1 12 I GRP Loan LLC 113 Reuben A Hartman 11 5 Bradford - M - Bierman 445 Hamilton Ave. 8th Fl. 1 White Plains, NY 10601 25-117-24-21-0160 5124 Windsor Rd 25-117-24-12-0115 5106 Windsor Rd 5109 Drummond Rd 5109 Drummond Rd 5121 Drummond Rd 51 m Drummond Rd - 1161Wallace Grewe/Todd Rask 117 Todd J Rask, Sr. 118 Wentworth 119 Craig Heinsch 1201 Justin McNeal -1 21 i Janell & James Veaderko 122 R onald & Judy Lo Poetz - 124 1 Jeremy Maisch - 12 -- 5 - 1 C 1261 Bay Sales, Inc. 5135 Drummond Rd 3214 Tuxedo Blvd 5128 Drummond Rd 5124 Drummond Rd 5116 Drummond Rd address unassigned 21 University Ave NE Minneapolis, MN 55413 5100 Drummond Rd 14221 Dallas Pkwy #1 1201 1 $6,250.00 1 $6,250.00 25-117-24-12-0224! 1 _ K;M9._00 L 25-117-24-12-0109 _1 1L $6,250.00 25-117-24-12-0230 1 $6,250.00 25-117-24-12-0112 1 $6,250.00 25-117-24-12-0113 1 $6,250.00 iam C Jr i5-1-W--24-12-0114 25-117-24-21-0043 ----11----$6,2,50.00 1/21 $3,125.00 Z5-1 2/3 - W,166.66 25-117-24-12-0103 1 $6,250.00 25-117-24-112-01-04_1— ----1J_--$6-,2.-50-.9,0 1/2 25-117-24-12-0105 ! 1 $6,250.00 25-117-24-12-0240 1 11 $6,250.00 1271 Federal Home Loan Mortga K e D allas, TX 75254-2916 J25-117-24-12-0233 1 1 128JAhren - #i� - Habichi 1104 Drummond Rd 25-117-24-12-0232 1 1 iam C Jr 15108 Drummond Rd 25-117-24-12-0231 130 !A.Koro & L.Greben Korotkov 5125 Hanover Rd L25 117 -24-12-0221 1 131 IJane E Abicht - 5137 Hanover Rd 2 -bfm 1 132 Keith Harre 3188 Tuxedo Blvd. 125-117-24-21-0155 1/2 I 133 1 Lindsey & Michael Shepherd 5138 Hanover Rd i25-117-24-12-0062 1341 Lindsey Michael Shepherd ; 5138 Hanover Rd 25 -117 24 12 -0063 1 135 Deborah R McCurdy 4 4818 Island View Dr 25 -117 24 1-0026 1/2 1361Daynita Dolence & Luke Smitt14828 Island View Dr �125-117-24-11-0027 , 1/2 137 -1 ' William R Hueman 14836 Island View Dr �25-117-24-11-0028 r4844 V r25-117-24-11-oi 2/3 1/2 in A Is ie -- - !. -- 2 - 5 - -1 - 17 - - -- 2 - 4 - -1 - 1- -- 0 - 0 - 5 - 4 - 1 - /2 - 139 Catherine L Beckley 14876 Islan Vie w r 140 ,Susan J Manchester 14876 Island View Dr 125-117-24-11-0055 1/2 $6250.001 6,250.00 $3,125.00�. $6,250.001 $6,250.00 $3,125.001 $3,125.00! $4,166.66' $3,125.00 $3 125.00. $3.125.00; 4 9/16/10 I I I 4 9/16/10 2011 Street Project Preliminary Roll NOTE: Unit Amount is engineer's estimate. _ UNIT EXTRA APRON TOTAL NAME ADDRESS PID NO. I AMOUNT AMOUNT ASSESSMENT 1411 Collins Gerstner 4880 Island View Dr ;25- 117 -24 -11 -0056 1/2 $3,125.001 142 Andrew T Strong Island View Dr '25-117-24-11-0057 1 17 -24 -12 -0199 _ 25 2/3 $4,166.66 143 Chad & Alisa Bee ry 1 4884 3245 Dexter Ln 1 25 - -117 24 -11 -0111 1 $6,250.00. 144 Charles L Marksber_ry 3235 Dexter Ln 1 25-117-24-11-0104 25-117-24-11-0103 1 $6,250.00 , 1451David 146 C Notermann Christine A Ebert 4921 Drummond 1 Rd 4925 Drummond Rd - 1 25-1117-24-111-0105 - - - - 1 $6,250 00 $6,250.00 - - 171 Lori J Lovera 3213 Amhurst Ln -- - -- 4929 Drummond Rd 14677 97 St Ct N --- - - Nicole T Drilling 4849 - - Hanover Rd 173 Paul & Carolyn Nielsen 14861 Hanover Rd 147', Jae Whey Jung _J Stillwater, MN 5 5082 1 25- 117 -24 -11 -0106 1 $6,250.00(, _ - - - - - - - - - - -- -- - - - 148[Nicole L Rice 14933 Dr Rd 125-117-24-11-0131 i 1 $6,250.00 - - -- 149 $6,250.001 -- - -- � — _ _ _ ry g 85 address unassi - . IGo On Bank FSB - 1 David Kreatz & Ma S koo_ 1 1571 Dean & Juliann K Hunter 15043 Tuxedo Blvd 25-117-24-11- 1581 Dean & Juliann K Hunter 1 5043 T uxedo Bl vd 159 I Remove 888 E Walnut St. 94 1601Paul 151 - -- --- Albert G Bickford - e - -- - -- (3239 Roxbury Ln -- - 25 117 -24 -1 - 0201 i 3231 Roxbury Ln rt2_5 3225 Roxb Ln 1 17 -24 -12 -0199 _ 25 152 Carol L Rice V_ Fischer 153Shannon ! 3225 Amhurs Ln 164 Jeff C Montzka Ci of Mound , 3215 Roxbury Ln 1 154 The Wellswood Group LLC 1444 Baldur Park Rd Or ono, MN 5 5391 25-117-24-12-0200 N 155�Shawness James_ 4932 Drummon Rd 125 -117 24 - -0140 i4926 Drummond Rd 25- 117 -24 -11 -0139 1 156:Gary A Forsman 1571 Dean & Juliann K Hunter 15043 Tuxedo Blvd 25-117-24-11- 1581 Dean & Juliann K Hunter 1 5043 T uxedo Bl vd 159 Anthony & Jennifer Reinitz 4908 Drummond Rd 1601Paul R Luukkone (Jolene M Henngton 4902 Drum Rd 161 ! Drummond Rd 162 Deeete K Browning X 486 6 Drummond Rd 163 Chris W Sehnert ! 3225 Amhurs Ln 164 Jeff C Montzka Ci of Mound 3224 A L 13 165 166 Francis & Nancy Singer 13225 Devon Ln 14811 Ha Rd 167, Sean Narveso 1681William Zachary 14817 Han Rd 1691 Ra Zhuk 4825 Hanover Rd 170 Mark & Louise Anderson 4833 Hanover Rd 171 Lori J Lovera 3213 Amhurst Ln -- - -- 172 --- - - Nicole T Drilling 4849 - - Hanover Rd 173 Paul & Carolyn Nielsen 14861 Hanover Rd Martha & Rosella Kleinsasser�4869 Hanover Rd - 174 175 Richard & Tawn McCarthy Hanover Rd 176IMichael _4877 J Dierks 14463 Hanover Rd 25- 117 -24 -1 -0 09 8 _ 5 7 1 7-24- 25 117 -24 -11 -0159 125-117-24- �25 117 24 0_0_6 125-117-24 25 -117 24 -1 - 0 02 3 0 17 24 -11 -014 25-117-24-11- 1 25- 1 17_24 - 11 -0164 1 2 5 -1 17-24-11-0019 25-117-24-11- 25 -117 24 -11 -0163 2 5- 117 -24 -11 -0127 25 1 24 -11 -0128 25 -117 24 -11 -0160 125-11 25-117-24 25- 117 -24 -11 -0152 1 $6,250.00 1' __ $6, M .00 1 $6,25 1 $6,250.00 -- 1 $6,250.00 - -- -- - - i - - - - - -- _ 1 � 6 250 00 -- - - - - -- - -- - - -- - - 1� $6 -- - -- - - - 7 - - - - 1 $6,250.00,. - 1/2 $3 00 • 0 •9/16/10 • • • 2011 Street Project Preliminary Roll NOTE: Unit Amount is engineer's estimate. 199 200iBrian 1 Br P as c oe J Pa s coe _ _ - � 492 Ab Rd 4928 Aberd Rd 25 -_ 117 -24 -1 -0079 24- 117 -24-43 -00 UNIT -- - EXTRA APRON TOTAL NAME ADDRESS PID 4920 Abe rdee n Rd - - NO. AMOUNT AMOUNT ASSESSMENT - 177 Cull y y Prz mus ,4909 Hanover Rd 1 25- 117 -24 -11 -0162 � - - - 1 $6,250.00' 203 178: Kenneth E Lund q 4917 Hanover Rd 25- 117 -24 -11 -0088 1 / 1 $6,250.00' - - 179 Randall R Smith ,4927 Hanover Rd ,25- 117 -24 -11 -0138 : $6,250.00 --- $3,125 OOC - 1 $6,250.001 u c s v - _ 14848 1 u - - 3212 Roxbury Ln - 20 - - i 1/2 PO Box 5913 j !Chad Martin - - --- ;4855 Lanark Rd t 24-117-24-44-0050 1 180,Provident Funding As soc LP 'Santa Rose, CA 95402 25-117-24-11-0130 3167 Argyle Ln 1 $6 - $3,1 25.00 181 i Brian J Pascoe ,3207 Roxbury Ln i25-117-24-12-0244 1 $6,250.00 Denrns & arol n Adair y 182 Sheryl R Adler 14932 Hanover Rd ------ r25-117-24-11-0080 1 1 $6,250.00 1 $ 6,250.00 - - 3137 Argyle Ln 183' David R Har Ha Rd 12 25 -11 2 4 11 - 2121Walter 1 $6,250.00 24-117-24-4 4- 117 -24 -44 -0061 184 [Linda L R evie r - - ,4924 14916 Hanover Rd 125-117-24-11-0082 1 1 $6,256.06] 1 - 18 Elizabet R and E olfson 14904 Hanover Rd 25 117 24 11 -0083 1 1 $6,2 - las M 186 !Douglas Pe I 4872 Hanover Rd - 25- - l - 1 - 7-24-11-0071 117-24-1- 24- 117 -24-44 -0069 1 $6,250 00 ! T 187 Steven D_G uttormson -1-W 4856 Hanover Rd 25 1 1 $6,250 OOt h John Feltes 1 Rick V Stor 4848 Hanover Rd 25 -117-24-1 1 - - $ 6,25 0 .0 0 i 189 Dana J English - 3207 Amhurst Ln 25-117-24-11-0074 1i $6,250.00i 190, S Krepps 4834 Hanover Rd 25 117 24 11 -0155 125 1 1i $6,250 00 191 Ste hen & Yo riko F in er - S t p - - 9 4820 Hanover Rd � - - -- -- - 117 24 11 -0167 - - _ 1/2 -- r ------ $ - 6 - ,250.00, $3,125 00; - --- -- - _ -- - -� 1921Pegg M axe 14814 Hanov Rd 25-117-24-11-0141 193 Gregory B Bernett 194 Wade & Co nnie Seve i4 833 Tuxedo Bl 3201 Amhurst Ln 25-117-24-11-0156 !25-117-24-11-0066 1/2 1/2� $3,125.001 - $3,125.00, - - - y 1 - _ -- 2 5- - � - - - - - - - - _ - - - � V p V 196 B a nn S beck 4905 uxedo B lvd T _ � Duxedo 25 - 117 24 11 -0075 1/2 $3,125.00i - --- --- Y- -- - -- teven Lynn H 1971S 198yDonald V Hastin 4921 Blvd __14927 Tu xedo Blvd 2 11 7 24 -11 -01 125-117-24-11-0078 1/2 1 $3,125.001 $ 6,25 0.00 1 + 199 200iBrian 1 Br P as c oe J Pa s coe _ _ - � 492 Ab Rd 4928 Aberd Rd 25 -_ 117 -24 -1 -0079 24- 117 -24-43 -00 1 1 I $6,2 50.00 $ 6, 201 Dana Lind e 9 4920 Abe rdee n Rd - - 24 117 24_4 - 012 9_ 1 24-117-24-44-0234 1/ 3,1 25 00 - - -- - - 202IPatrick J Du 9 an -Ln___ - 1 7 9 Devon - - - 2/31 $4166.66 r 203 Ingrid S Pearson - Lanark Rd 1 4823 Lanark Rd -- - 24-1 - 7-24-44-0238 ~ - -- - 1 24 1 / I I - - - - - - 20 4tRert 20 ob O No Deborah 7 L 483anark Rd -- l T Blvd B -117 -24-44 -0183 ! - -- - -- 1 1/2� : $6,250.00 --- $3,125 OOC u er a on u c s v - _ 14848 1 u � - 20 Steve &Linda K rueger 4862 Tuxedo Blvd 124 117 24-44 0051 1/2 $3,125.00 207 !Chad Martin - - --- ;4855 Lanark Rd t 24-117-24-44-0050 1 - $6,250.001 208 !Mark C Haverty 3167 Argyle Ln 24-117-24-44-0065 ! 1/21 - $3,1 25.00 209 Thomas & Kathlee Tucker 3161 Argyle Ln 124-117-24-44-0064 - $6,250.00 210 Denrns & arol n Adair y 314 Argyle Ln 24 -117 24 -44 -_0063 1 1 1 $6,250.00 211 - Kevin Pemberton 3137 Argyle Ln r 4 -117 24-44 -0062 1 _ $6 2121Walter & Denise Knight L3125 Argyle Ln 24-117-24-4 4- 117 -24 -44 -0061 1 $6,250.00 213 Michael A Drometer 3107 Argyle Ln 24-117-24-44-0060 1 $6,250 001 214 !Jeffrey S Bergquist 1 3124 Ale xander Ln 124-117-24-44-0070 1 { 1 $6,250.001 2151Gerald W Krautkremer 3136 Alexander Ln 24- 117 -24-44 -0069 11 $6,250.001 2161 Conrad & Nancy Starr 3152 Alexander Ln 124-117-24-44-0068 1 i $6,250.00 2171Jose h John Feltes 13162 Alexander Ln 24- 117 -24 -44 -0067 1 $6 6 9/16/10 2011 Street Project Preliminary Roll NOTE: Unit Amount is engineer's estimate. 1 3133 Alexander Ln 224 Raymond & Holmfridur Kramel PO Box 344 2 24-117-24-44-0109 1 UNIT EXTRA APRON TOTAL NAME - ADDRESS PID NO. AMOUNT AMOUNT ASSESSMENT 218 & Nicole McMaster i 490 Tuxedo Blvd 24- 117 -24 -44 -0066 1/2 $3,125.00 2191Michele M Dorholt 14924 Tuxedo Blvd ;24- 117 -24-44 -0220 1/2 $3,125.00 - - 1 3161 Alexander Ln 1 $ $6,250.00, l I 3 3099 Alexa Ln 2 11300 Windrow Dr. 24 11 24 44 -0 1 1 6 ,250 00 $ 220 Terry Ter 1 3 Eden - - 5344. t24-117-24-44-0191 24 1 1 ''' 230 Paula & Philip _ 3 Alexande rLn _ 55 Al Ln 2 117 - 24 44 -0232 1 1 1 6 $6,250.00 - - 3149 Alexander Ln 14221 Dallas Pkwy 1, $6,250 2221 Federal Natl Mtg Assn j1 Dallas, TX 7525 #1120 24- 117 -24-44 -0190 _ 2231 Shawn A Burke 3147 Alexander L 24 117 -24-4 -0 201 1 $6,250.00 , 1 3133 Alexander Ln 224 Raymond & Holmfridur Kramel PO Box 344 2 24-117-24-44-0109 1 1 $ $6,2 3113 _ Katherine _ - - - - j- _ - r Ln X X24- 1 117 -2 -0 1087 - - 1 - $ $6 250.00 - - -- - - - 227 Yvette Sarquis 3 3101 A lex and er Ln 2 - - 24 117 -24-44 -0106 1 1 $ $6,250.00, l I 3 3099 Alexa Ln 2 24 11 24 44 -0 1 1 6 ,250 00 $ 229rA & Alena Krutsin 3 308 xander Ln 2 _ 2 24 1 -- - - - - - 230 Paula & Philip _ 3 Alexande rLn _ - -- 2 117 - 24 44 -0232 1 1 1 6 $6,250 00 - - -- - - -- - -- - - r _ - - - V 23 E Reirntz 3049 Alexander Ln 24-117 1 $6,250.00 _233, Ho I - T- p e R B 30 37 Alexander Ln 4 -117 24-44 -0176 1 $6,250 00 234 Julia O Span rud 1 3026 Dundee Ln 24-117-24 .11 $6,250 00 235 Kevin B Hedlund 3038 Dundee Ln 124 -1 17 24-44 -0 188 9 1 3046 Dundee Ln - — ----124 -- -- - - - -- - - 236 Thomas & Nancy Gen 4530 Enchan ed Dr 24 1 $6,250.00 ` - - i - 23�K.C_ & G.J. Persing 3052 Dundee Ln - 124-117-24-44-01 _ $6,250.001 93 1 2381 Se rvey & L udmila S_iv_tsov X058 Dunde Ln X24 -117 24-44 -01 1 $6,250.00 2 401 De nnis & Mardell We leitner _3072 Du ndee Ln 1 24- 117 -24 4 4 -0 116 1 $6,250 00' t_ - - - _ 239 Na nc A Hackbarth 9 3066 Du L 24 117 24 44 -0117 1 1 $6,250.00! - - 241 ,J E Copher X D u nd ee Ln 24 117 -24 -44 -0115 1 $6,250 00, - _ - - --- y -- - - - _ _ ,250.06; -- -- - - - - 3081 Dundee Ln - -- - - -- 1 - -- 1 - - - - -- - -- - -- �- - __ 242 � Diane &Prest Gray 3086 Dundee Ln 24 117 -24 -4 -0 202 ! 1 $6 1 Christo Christopher P errine 1P5 243 !Pl ymouth, MN 55446 - - -_ -_- -_- 1 � 24- 117 -24-44 -0226 1 1 /2 $3,125.00 3073 Dundee Ln t - - - -- - -- PO Box 1 2441Peter Gregory an Perrine Plyym uthMN 55441 24-117-24-44-0228 1 $6,250.00 245_)ames & Sandra House _Plymouth, 065 Dun Ln 24- 117 -24-44 -0134 1 $6,250.00 246'1Janet M Vestal 3061 Dundee Ln X 24 -117 2 4 -44 - 0135 1 ' $6 00' _ 24�rian Gordon/Kirsten_ O'Hara 3057 Dundee Ln 124 -117-24-44.-0136 1 $6,250.00 4 Dundee Ln 24- 117 -24 -44 -023 1 $6,250.00 - 1 $6,250 00 248 City - -- 30 5 -- - - _ - � - - - 250 Peter B Sullivan 9 rita DePaulis 13041 Dundee Ln '24-117-24-44-0235 1 $6,250 00 Y of Mound • • •9/16/10 • • •9/16/10 • • • 2011 Street Project Preliminary Roll NOTE: Unit Amount is engineer's estimate. 8 9/16/10 r , ! NAME F ADDRESS PID UNIT NO.i AMOUNT EXTRA APRON TOTAL AMOUNT ASSESSMENT i 1 3037 Dundee Ln ;8906 Minnehaha Cir N 251 Alicia Frances Heck St.Louis Park, MN 55426 1124-117-24-44-0239 1 $6,250.00' - - 2521James W Jasper -- -- -- - - 3018 Churchill Ln t -- 1 24 -117 24-44 -0146 1 ` -- $6,250.00r -- - - - - - 253,Steve & Jo ann Sundquist 1 3033 Dundee Ln 24 -117 -2 _1 j $6,25 254 Douglas L Fetter 1 3025 Dundee Ln r 24-117-24-44-0143 I 11 $6,250.00 2556 Kukli & R H owell 1495 D Dr �24 117 24-44 -0145 1 $6 ,250 00 $4,166.66; 2561 of Mou - 3010 Brighton Blvd 24-117-24-44-0162 2/31 - 257JCity of Mound - 24 -117 24- 440197 1/3 $2,083 33� � 258, City of Mound - -- - 12 - 1 - _$ ; - -- - -- - - - - -- - 259,Cit of Mound x24-11 7 2 4-44 -0222 1 fi $6, 250 001 260 Gregory James Petric 4 -- 46 Donald Dr 85 ; 24- 117 -24 -44 -0 1 � + $6,250.001 I Donald Dr ; 4844 408 Parkers Lake Rd 261 Patr A Abbott #11 W ayzata, MN 55391 24-117-24-44-0012 r i 4832 Donald Dr. 400 1 st St. E 1 $6,250.00 - - a - -- - -- - -- - - -- - - -- -- - -- 1 J 262 Lucille Benike /Susa Beckr ich, -- — Chaska, MN 55318 - 24- 117 -24-44 - - 1 $6 ,250 .0 01 - - _ - -- -- -- - - -- - 263 !John &Do nna Tamdlo X82 Do nald Dr '24 117 24-44 -0179 ± 1 r $6 2647Roxanne Mari Eccles 14810 Don 1!24-117-24-44-0186 _1/2 - - $3,125.00 265 Beng - -- -- - 13005 Devon Ln :24-117-24-44-0213 1/2' $3, 2661Jouni V Paasonen I Eden 5 Prair e 55 24- 117 -24 -44 -0212 1 $ 6 250 .00 1 -_- $ 00 - 267 Ryan & Cara Albrec 14839 Cumberland R d 24 117 24 -44-0223 1 - -- -- - _ - 268 J & Evelyn Berglund - -- - 14859 Cumberland Rd - - 124-117-24-4 4 -0022 - 1 - $6,2 2691Melody M Olsen 4873 Cumberland Rd 124-117-24-44 1 $6 250 00 $6,250.00 270�Cit of Mound - - y - - - -- - 1 24 -117 24 -41 -0173 1 1/2 $6,2 50.00; $ - - - - - -- -- -- 271 � City_of Mound 124-117-24-41-0015 F 2721City of Mound 124 117 24-41 -0014 1131 $2,083.33 t 273 Pat R Gorman r 3063 Devon Ln t 24-117-24-44-0027 213 $4_ 166 66' - -_ 274 Clayton , ton G Olson y 275 T.D. & G F. Hin son 482 D ale Rd _ 4823 Donald Dr '124-117-24 - �24 117 24 44 -0026 1 1 $6,250.00 $6,250.00 1 _. ._ 276 { Norma Jean Gradlel Jesse & Amanda Remington 14842 Dale Rd 4825 Dal Rd 124-117-24-44-0025 24 -117 24-44 -0214 1+ 1 $6,250 00 $6,250.00 278.Michael & Susan Ziesmer 4826 Glasgow R 24 -117 24 44- 0078 11 ---- $6,250 00 279 Maureen J Hexum 14838 Glasgow Rd - r - 24- 117 -24 -44 -0079 1 - $6,250 00' - 280 Stephen A Morel - 1 - 4852 Glas ow Rd g Rd i 1 24-117-24-44-0237 1 - : $6,250 00 - _ - - es Groth 281 James 124- 227 -24-44 -0082 1i $6 250.00 8 9/16/10 2011 Street Project Preliminary Roll NOTE: Unit Amount is engineer's estimate. 4870 Glasgow Rd 333 I West Wacker Suite 3100 282 Federal Home Loan Mtq Corp Chicago, IL 60606 24- 117 -24-44 -0083 1 $6,250.00! 2831 Leland D Randall 3098 Alexander Ln 24- 117 -24-44 -0084 1f $6,250.00' - UNIT EXTRA APRON TOTAL - - ADDRESS - - - PID NO.' AMOUNT AMOUNT ASSESSMENT 3090 Alexander 2841Mark &Ann Bloomberg . _ 24- 117 -24-44 -_0085 � - 1 $6,250.00 007 - - fifer Bouchard a 4827 Canterbury Rd - 4828 Lanark Rd 24- 1 -24 -44 -0038 24- 117 -24 -44 -00 1 r 1 $6,250.00 , $6,250.00 286 W I am JNoor 3076 Alexander Ln 13070 24-117-24-44-0244 117 L 1 1 $6,250.00i $6,250 00 287 /J. Clare_y Alexander Ln - - - 124- -24-44 -0245 - - -- - 1 $6 250 00. - - - - - - M W. Wood 306 M A -- y K.W. 1 EIlen 288 Jennifer A Heffner - r - - 3064 AlexanderLn Alexander Ln 24- 11 7 -24-44 -0 117 44 1 1 $6,250 00 $6,250.00 307 Kr amer, 289�Michael P Klein 24- - � 24 24-44 = 0225 - -- - $6,250.00 -- - - - D M yers 308 Steven - -- 290 Jana Raper /Jose h Gunther - P - Stricklen 1 3048 � - 48 D ale Rd - �24 -24 24 -117 24 44 0 072 1 - $6 - - - -- l - - - - - 291 Kenneth -- 292 David V Oathout _ _ 4843 Dale Rd - - -- 24 -117 24-44 -0073 [ -- — 1 -- - $6,250.00 - - -- - 293 Dean &Juliann Hunter 4837 Dale � 24- 11 - 24-44 -0074 -- - - -- - -i_ 1 $6,250.00'. a - - - - - - -- - - - - -. -- 5043 Tuxedo Bl - -- - - -- 1 4831 Dale Rd 1550 Indian Hill 1 1 $6,250 00, c u um 294 Eric l 9 Chanhassen, MN 55317 24 -117 24-44 -0215 t24 117 --- 24-44 1/2 $3,125.00 1, 29 5�Mark J Robertson - _296 C &Jacqueline Pie korn V P 3103 Devon Ln - -- - - 4820 Canterbury Rd -0029 - - -- - - -fi 24-117-24-44-0181 1/2 - - - $3,125 001 - $6,250 001 r - - - - j 297 Todd R Peterson 48 32 Canterbury Rd __ -- - 1 r - -- - - - - - - - -- - a - Dorfner V - Le -- 298' Duw n e & esl Ji 1 _- y y- 4849 Glas ow - -9 Rd -- le Ln 24 -117 24 44 -0205 L 24 117 24 44 -02 '� 1 1 _ $6,250 00 - -- $6,250 - -- - - -- 1 ' 299 'Stephen M Rosch 3100 Ar gy - - i _ - -- - _ - - � 300 Rudolph Peterson - - - 3140 Argyle L - - -- 24 -117-24-44-0246 - 1 $6,250.00i - 1 4852 Lanark Rd Neill Lake Rd. 301 �ufrington Properties, LLC _Eden Praise, MN 55347 Ede X24- 117 - 24-44- 0247 - 1 ; _ $6,250.00 , -- - - — -- fi - - -- - -- - -- - - 3021Deborah M Olson 1 4842 Lanark Rd - - --L 24- 1 - 24-44 -018 -� -- - -- - -- - -- - -- - 1i - -- _ 303!Russell & Shari Michels - - & Gwen Bot 4827 Canterbury Rd - 4828 Lanark Rd 24- 1 -24 -44 -0038 24- 117 -24 -44 -00 1 r 1 $6,250.00 , $6,250.00 304�aniel - I Mowbha Rd - 24-117-24-44-0039 _ - 1 $6 250 00. - - - - - - - M W. Wood 306 M A -- y K.W. 1 EIlen 4812 L nark R_d -_ _ 24 - 24 44 -0 042 _ 1 1/2 $6 250.0 0' -- $ - -- _ - - - - 307 Kr amer, 3143 Devon L -- 24- - � 24 24-44 1 - -- - $6,250.00 -- - - - D M yers 308 Steven - -- 4800 Lanark Rd - -- - -- -117 -0041 -L i -- -- — - - -- 0 • •9/16/10 CITY OF MOUND • RESOLUTION NO. 10 -_ RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR THE MSA PORTION OF THE 2011 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT WHEREAS, a resolution of the City Council adopted the 24 day of August, 2010, fixed a date for a Council hearing on the proposed MSA Portion of the 2011 Street, Utility, and Improvement Project for improvement of the following streets: Municipal State Aid Segment Ridgewood Road, Idlewood Road, and Highland Blvd from Westedge Blvd to Bartlett Blvd, AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 12 day of October, 2010, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, 1. The MSA Portion of the 2011 Street, Utility, and Retaining Wall Improvement Project is found to be necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvements are hereby ordered as proposed. 3. Bolton & Menk, Inc. is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. • 4. The City Council declares its official intent to reimburse itself for the cost of the improvement from the proceeds of the tax - exempt bond. Adopted by the City Council this 12 day of October, 2010. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • - 21216- 2011 Street Project Preliminary Roll - MSA Portion NOTE: Unit Amount is engineer's estimate. 1 2 Michael Beauchamp 6074 Ridgewood Rd 23 117 24 34 -0017 UNIT EXTRA APRON ' TOTAL ;NAME ADDRESS PID NO.,' AMOUNT AMOUNT_ ASSESSMENT 1 Cathleen Hollingsworth Ridgewood 14� 1/2 23- 1_1 - 24 -34 -0018 — - { �_ 1' � _$4,480.001 2 Kevin Chan g 6186 Ridgewood Rd 123-117-24-34-0048 Michael Owns ic e Rid Rd -- -_ __ -_- _ 1 $4,480.00t 3 ene & Catherine Tyson Eugene y 3040 Dickens Ln !23-117-24-34-0049 j._. 1/2 - $2,240.00 23- 117 -2 -34 - 0112 1 $4,480.00:. 11.7 _ 1/ 34� - - - - G'erstad 1 k Michael slosi - 6152 Ridgewood Rd - _ 23 -117 24 -34 -0035 '� , 1/3: $1,493.33 - - - 23- 117 -24 -34 -0010 1/2 $2,240.00 -_ _ _I - - - 5�James & Barbaka Bartholoma� 6142 Ridgewood Rd - X 23 -117 2434 -0034 21 1/2 $2,240.001 - - - - - - - Raymond Francis Yule 5990 Ridgewood Rd -- 6 Melissa Tenuta 16132 Ridgewood Rd 23 23-117-24-34-0033 23 117 24 43 -0012 1 $4 480 00, 1/2 $2,240.00. $4,480. 00 1 Ridgewood 38 -- - Kirk T Rose 7 Keith Jenrnges 6122 Ridgewood Rd -. - - X23 117 2 3 4 -0032 - -- r - - -- - - - 1/2 $2,240.001 T - — - - - 123-117-24-43-0009 1 $4,480.00 - - - 27 8 L. Gregory Gardner 6112 Ridgewood Rd Wested Blvd :23-117-24-34-00311 23 24 r 1/2 1/2 $2,240.00 - $4,480.00 1 - -- - — 29 _ Donald Woytcke 5924 Ridgewood Rd - - 9 111 Mark Duwal M tthew & Melanie Rowe 13100 9 a 311 Prie L -11 7 34 -0 - -- - 23- 117 24 -34 0073 - 1/2r $2,240.00 _$4,480-001 - -- 2 240.00 1 2 Michael Beauchamp 6074 Ridgewood Rd 23 117 24 34 -0017 1/2 , $2,240.001 23 _ $4,480.00i 13 Gordon & Edith Dolan ;6064 Ridgewood Rd 23-117 1 $4 4 14� - - -- &John Laluzerne - -T 6056 R Rd _ f60 23- 1_1 - 24 -34 -0018 — - { �_ 1' � _$4,480.001 - -- -- - -- _ - - - - _ -- 15 Michael Owns ic e Rid Rd -- -_ __ -_- _ 117 24 3 4 -0084 1 $4,480.00 16 17 la Todd & Pame23 — - -- Robinett - 6044-Ridgewood 6 Rd Joetta Roehl 6 033 Cherr Rd 1 23 11 7 -24 -34 - _ _ 1 - - - -- 23- 117 -2 -34 - 0112 1 $4,480.00:. 11.7 _ 1/ 34� - - - - G'erstad 1 5882 Idlewo Rd �23 -117 24 42 -0016 1 9�Michael Kaiser 16023 Cher�ood Rd -- - - - - 23- 117 -24 -34 -0010 1/2 $2,240.00 -_ _ _I - - - 20 � Denn s M Gaha 6019 Cherrywood Rd - - - 23- 117 -24 -34 -0009 - 1 1 $4,480.001 - � - 21 !Donald Furry 3051 Longfellow Ln - - 23 117 2443 -0038 1/2 $2,240 001 - _ -- V v 22 Raymond Francis Yule 5990 Ridgewood Rd -- 23-117-24 1/21 $2,240 00 -" - T -- -- - - 23 J & Alise Evans 598 Ridgewood Rd - 23 117 24 43 -0012 1 $4 480 00, 23 -11 7 24 -42 -0013 1 $4,480. 00 1 Ridgewood 38 -- - Kirk T Rose - 5846 Idlewood Rd 2 5 1 Patrick & Marilyn Salden 5960 Ridgewood Rd -- - � , 1 $4 4 80.00 391Thomas r - - -- - - 26 - CAngela & Duane Holman - 5954 Ridgewood Rd T - — - - - 123-117-24-43-0009 1 $4,480.00 - -- -- 27 Soledad & Raymond Eva Jr[ 5942 Ridgewood Rd 123-117-24- 1 $4 00 _$4,480.00 -- - - -- - - - 411 28 Matthew Morris /Kathryn Fehr .59 Ridgewood Rd 23 -117 24 - 000 1 $4 - 1 - $4,480.00 1 - -- - — 29 _ Donald Woytcke 5924 Ridgewood Rd 23-117-24-42 1 $4 ,480 00 : 123- 117 -24 -42 -0009 1/2i 301 Suzanne Kay McKeever 59 Ri dgewood Rd 23 1 $4,480.00i 31 [Michael & Ra Mue 1 5910 Ridge Rd 23-117-24-42-0034 1 $4,480.001 32!Jamie & Jenna Pomeroy 5900 Ridgewood Rd 123 1 17 -24 -42 -0033 1/2 $_2,240.00! -- Jon &Dana Lan seth 9 588 Idl ewood Rd 23 117-24-42 -0017 1/2_ 1 - $2,240.00:t - - 34� y y 5882 Idlewo Rd �23 -117 24 42 -0016 1 $4,480.00 - - - - 35 Patrick T Schoenec , 5870 Idlewood Rd 23 -117 -2442 -0015 1 $4,480.00 361 Brenda J Ellis - -- - -- 5860 Idlewood Rd - -- - — 2 1 17-24 -42-0 014 - 1 - - -- - r- $4 480 00, - -- - - -" - T -- -- - - 37 Gre g & Luann Neubert 5852 Idlewood Rd 23 -11 7 24 -42 -0013 1 $4,480. 00 38 -- - Kirk T Rose - 5846 Idlewood Rd __- _ - - - -- -,._. 23- 117 -2442 -0012 1 $4,4 00 391Thomas J Biehl 5840 Idlewood Rd 23 -117 24 -41 -0007 1 - j - y /Jesse Hulett 5845 Fairfield Rd -- -- ; 23-117-24-41-0020 1 / _$4,480.00 -- - - -- - - - 411 - - City of Mound - _ 23-117-24-42-0103 - 1 - $4,480.00 1 - -- - — 42tLawrence Beno 2885 Highland Blvd 123- 117 -24 -42 -0009 1/2i $2,240.00 • • 0/16/10 0 0 0 2011 Street Project Preliminary Roll - MSA Portion NOTE: Unit Amount is engineer's estimate. 2857 Hiahland Blvd '9283 Hunters Court 43'Anita's Investment Group LLCiSt.Bonifacous, MN 55375 23- 117 -24-42 -0112 1/2' $2,240.00 44 Kenneth &Catherine Pausch2848 Highland Blvd 23- 117 -24-41 -0006 1/2 $2,240.00' - - - - 45 D Daniel Rote 2870 Highland Bl vd !23- 117 -24-41 -0035 1 $4,480.00' 46'Shale A Nyberg 'Gloria 1 2872 Highland Blvd ;23- 117 -24-41 -0034 1 $4,480.00' - 47 Werner - - - Hi hland Blvd -- Hig hland 23 -117 24 -41 -0003 _ 1 f $4 480 001 -.— 48 Duane & Cha rlotte W 12880 2888 H B lvd ,23- 117 -24-41 -0002 1 4 480 00 $ 4,480.00 + -24-42 -0028 rt 49 ', F Brandle Y Be r 2896 Hi hland Blv Hi 23 - 000 - 1 - - 1 U-48-0.0011 _ 501Richard &Madmen Epple 2910 Highland Ct — 23-117-24-41-00 27 1/2 _ $2,240.00 _ - 51 C.J.Briggs & T.C. Turner 2960 Highla Ct 23-11 7 24-41 -0032 1/2 f $2 $4 480 00, - 52 Cara & Peter B lack 53 Stephen & S uzanne Schmidt 2976 Highlan B 2986 Highland Blvd - - 23-117-244 1 -00 1 $4480001 $ 4 80 . 001 $4,480.00 - 54,City of Mound 63 City f Mound tY -- . 3-117-24-41-0018 23- 117- 24 -4 0 0 . 24 - 1 $4 _ T - -- - -- — - - -- - 1 3000 Highland Blvd 5925 Rid ewood Rd - - -- 9 — - i 23 -117 24 43 -0050 -- - -- -: -- $4,480. 551 Eric Stafford 56 Sama & Z 57 Matth Lund n n 0 22310 Bracketts Rd Shorewood, MN 55331 1 23- 117 -24-41 -0036 S t o ltz 12 H ighland Blv 23- 117 -2 - 00_21 03013 Bryant Ln 23- 117 - 24-42-0110 1 _$4 480.00_ 1/ 2 $2,2 1/2 $2.240.00 2 9/16/10 aana iuiewoou MU 15064 Farmington Rd SE 58 Mark Moonen Donald 591 Donald E H or ne r — 883 dlewo d Rd 8 I 23 117 - 23- 117 - -- 1 $ 480 00 - - -- $ 4 480.0 - — - - - - - -- - - - + -24-42 -0028 rt 85 address unassigned 60 Donald & Patricia Horner 5883 Idle Rd 23-117-24-42-0027 - 1 $4 61 Eric Bloemendal 5 909 Ridgewood Rd 23-117-2 1 $4 480 00, - -- 62 Jody Tamis &Gloria Has - y_ g - - -- 1591 Rid ew ood Rd - - -- 23 -117 24 43 - r - 1 1 -- $4,480.00 - - - -- - 63 City f Mound tY -- - y23 -11 -24-43 -00 47 11 -- $4,480.001 - T - -- - -- — - - -- - 64 Jason M Saks ; -- 5925 Rid ewood Rd - - -- 9 — - i 23 -117 24 43 -0050 -- - -- -: - - 1 1 $4,480. 5931 Ridgewood Rd I i 6526 Franklin Ave W 65 Steven Hahn St Louis Park MN 55 1 5937 23-117-24-43-0051 11 $ 448 0 00' � 66'1 ustave Knott Jr Ridge Rd 23-117-24-43-0020 1 $4 480 00 67 Eu gene & Joann Go ede 5943 Ridgewood Rd 1 5947 23- 117 -24-43 4 0022 1 $4 Ridgewood Rd - 68 Ilis Muonio Roger & Phyllis ;9905 Hainlin Dr 1Delano, MN_ 55328 23- 117 -24-43 -0048 1 � $ - -- - 6524 Harbor PI 69 !Steven Lenzen Prior Lake, MN 55372 ,23- 117 -24 -43 -0025 1 $4,480.001 70 David Mangen 1 5975 Ridgewood Rd X 23- 117 - 24-43-0026 1 4 480.00 - $4 - , 480.00 1 -- 5983 Ridgewood Rd _ _ - - - 1319 Hi k ry Point d 71 !!Thomas & Rita Williams IL 23- 117 -24 -43 -0027 i 1 $ 4 , 480.00' 72 Thomas & Virginia Venable 15991 Ridgewood Rd 23- 117 -2443 -0028 1 $4,480.00; 2 9/16/10 2011 Street Project Preliminary Roll - MSA Portion NOTE: Unit Amount is engineer's estimate. 76fi 1 6001 Ridgewood Rd 7 Ridgewood i23-117-24-34-0001 Cedar 73 Mark & Karen Tyler i y Rapi ds, 23- 117 -24 43 -0029 1 $4,480.00 - g Rd Ridgewood idge od 77 14889 Cir 74 Robert E Leonard Wayzata, MN 55391 X23- 117 -24-43 -0030 1 $4,480.00, 75 Brian S Beniek (6017 Ridgewood Rd 1 23-117-24-43-0031 1 $4,480.00' 76fi Gene L Peterson Ridgewood i23-117-24-34-0001 - 1' $4,480.00 _ 16421 77 James P Ebsen Kathleen A McEnaney 23- 117 -24 -34 -0002 1 44,480.00! 123-117-24- 03 $4 480 0 - - - - 2 4 1 14 Rd en Ro Edina, MN 55 X049 Ridgewood Rd 7 81 7 91Ci - of M _ _ Rebecca J n - -J Anderson 3106 Priest Ln _ 23 -1 -3 - 0109 ! - - - 2317 -4 -34 -0075 � 1 /2 $2,240.00 - 1 - -- 2 - - 80 r N_ N • • • 9/16/10 • ®© Hoisington Koegler Group Inc. ®® TO: Honorable Mayor and City Council FROM: Rita Trapp, Consulting City Planner DATE: October 7, 2010 SUBJECT: Proposed City Code revisions regarding variances, nonconformities and expansion permits As directed at the Joint City Council and Planning Commission meeting on August 24, 2010, Staff has prepared the attached ordinances to modify the City Code regarding variances and nonconformities. These modifications are proposed based on Staff s review of Mound's nonconforming uses regulations and in response to the recent Minnesota Supreme Court ruling in Krummenacher v. Minnetonka which limits the ability of cities to grant variances. Please refer to the August 24, 2010 Joint Meeting packet materials for additional background information on this ruling and its implications. The Planning Commission reviewed and recommended approval of the proposed modifications at their • September 7, 2010 meeting. Staff has prepared four ordinances, one for each chapter of the City Code being revised. Please note that as Staff prepared the ordinances additional revisions were made to provide clarity in a few areas. Staff has provided a copy of the ordinances to members of the Planning Commission for individual review. They have been asked to provide Staff individually with any comments or concerns. As required by State Statutes, the City Council will hold a public hearing on the proposed ordinance revision to Chapter 129 - Zoning Ordinance. Members are advised that the required notification procedures have been satisfied, including having the required Notice of Public Hearing published in the Laker on Saturday, October 2, 2010 and posted on the bulletin board on September 30, 2010. The proposed modifications have been grouped into four sections, one for each ordinance. The first section 129 Zoning Ordinance, has been further divided to ease review. In each section, there is an overview of the intent of the modification(s) to provide the context for the recommendation. Please refer to the actual ordinance to see the specific modifications. In the ordinance, any underlined language is being inserted and any strieken language is being deleted. • Members are advised that a resolution has also been prepared which would allow the proposed ordinance amending Chapter 129 of the City Code (zoning) to be published in summary due to its extensive length so as to minimize publication costs. Publication by summary is allowed by Minnesota Statutes Section 412.191 and requires a 4/5's vote of the City Council. -2130- Proposed zoning ordinance revisions regarding variances and non - conformities September 2, 2010 Page 2 Section 1: Amendments to Chapter 129 Zoning Ordinance • A. City Code Subsection 129 -2 Definitions Any application of the Zoning Code begins with a clear understanding of the terms used. Staff has determined a number of definitions need to be added and a few modified. To help clarify what type of nonconformity is eligible for the expansion permit, Staff is proposing to differentiate between a nonconforming use and a nonconforming structure both in terms of what one is and when it is considered expanded, enlarged or intensified. Staff has also added a definition for an expansion permit and renamed our existing hardship definition to undue hardship. B. City Code Subsection 129 -35 Nonconformities City Council, Planning Commission and Staff discussions have demonstrated that the existing nonconforming use section is rather confusing. In order to further clarify the differences between nonconforming uses and nonconforming structures, Staff is proposing to rename the existing Nonconforming Uses section the Nonconformities section and reorganize it in subsections of nonconforming uses and nonconforming structures. Changes identifying when a proposed expansion or enlargement requires a variance or expansion permit are identified in 129- 35(a)(5). This section includes two new ordinance graphics. C. City Code Subsection 129 -39 Variances In its recent Krummenacher v. Minnetonka decision, the Minnesota Supreme Court ruled that cities must • evaluate requests for variances with a standard that the property cannot be put to any reasonable use without the variance. While many cities have used "practical difficulties" in their ordinances, the Minnesota Supreme Court noted that standard was only available to counties. As a result of that ruling, Staff is recommending that the term "practical difficulties" be stricken from the City Code so it is clear to applicants that it does not apply. During its review the Planning Commission asked Staff to make a minor change removing the gender specific term "his" from the criteria section. In its preparation of the expansion permit section, Staff discovered that the City Code currently does not have a provision preventing an applicant who is denied a variance from applying again within a one year period. This is a common provision in communities' codes. Staff has therefore proposed adding the language in 129- 39(b)(5). D. City Code Subsection 129 -40 Expansion Permit (new) As was discussed at the Joint City Council and Planning Commission Meeting, Staff has developed an expansion permit to allow modifications to nonconforming structures. Minnesota Statutes, Section 462.357 Subd. 1 e gives cities the authority to impose reasonable regulations on the expansion of nonconformities. The intent of this ordinance is to provide a procedure to process requests for the expansion of nonconforming structures. Staff has proposed a process which is similar to our historical conditional use or variance process. The evaluation criteria proposed use the standard of practical difficulties for the reasonable use of the land. • -2131- Proposed zoning ordinance revisions regarding variances and non - conformities September 2, 2010 Page 3 • Please note that the expansion of nonconforming uses has not been included in these provisions. Recommended ordinance changes were made in previous sections to strengthen the distinction between nonconforming uses and nonconforming structures, rather than provide the supporting language to address the expansion of nonconforming uses. One important note is that the City of Mound's existing definition of nonconformity specifically states that "the term nonconformity shall also include parcels or structures that have received variances." This is different than other communities as they consider nonconformities to come into conformance when a variance is granted. After consideration, Staff is recommending that this provision remain for two reasons: 1) If properties with variances were considered conforming then they would not be eligible for a nonconforming structure expansion permit. Since the intent of this new ordinance is to enable property owners to put their properties to reasonable use, eliminating many properties from this ability does not seem prudent. 2) As this is the historical situation, Staff would not recommend re- classifying properties without notifying property owners of this change. Staff does acknowledge that by keeping structures as nonconforming, property owners are subject to the nonconformities section. The main hurdle of the application of that section is that there are time limits within which a nonconforming structure shall be reconstructed and used after it has been damaged by fire, flood, or other forces (see Section 129 -35 (a)(3)). • E. City Code Subsection 129 -195 Planned Development Areas (PDA) After reviewing the City Code, Staff' found that the planned development area (PDA) section uses the term variance. As a planned development area is intended to allow flexibility in the development of an area which has unique circumstances, Staff would propose we change the word variance to variations to ensure there is not confusion on whether the standards for granted a variance needed to be applied in the review of a PDA. Section 2: Amendment to Chapter 101 General and Administrative Provisions The expansion permit process requires a similar process as is currently used for variances. This process includes Staff review and preparations of materials for the Planning Commission and City Council. A fee is recommended to cover the costs of processing the request. Staff proposes the same $ 200 fee and $ 750 escrow amount as is required for variances. A proposed amendment to Chapter 101 has been prepared and is recommended for approval. Section 3: Amendment to Chapter 119 Signs After reviewing the City Code, Staff found that the sign section uses the term variance. Regulations concerning signs are not part of the Zoning Code. As such, the City is not required to process a variation to its sign code as a variance. To ensure that the City is not held to the variance standards and process, Staff is proposing to change the word variance to variation. A proposed amendment to Chapter 119 has been prepared and is recommended for approval. 0 -2132- Proposed zoning ordinance revisions regarding variances and non - conformities Page 4 September 2, 2010 Section 4: Amendment to Chapter 125 Trailers and Trailer Parks • As with the sign section, Chapter 125 Trailers and Trailer Parks are not part of the Zoning Code. Thus, the City is not legally obligated to process any variations to the chapter provisions as a variance. Staff is therefore proposing to remove the word variance and use variation. A proposed amendment to Chapter 125 has been prepared and is recommended for approval. • -2133- CITY OF MOUND • ORDINANCE NO. -2010 AN ORDINANCE AMENDING CHAPTER 129 OF THE MOUND CITY CODE AS IT RELATES TO THE ZONING ORDINANCE The City of Mound does ordain: That Mound City Code Subsection 129 -2 to hereby amended by adding or deleting the following definitions: Sec. 129 -2. Definitions. Expansion or enlargement of a nonconforming structure means any increase in a dimension, size, area, volume, or height. Expansion, enlargement or intensification of a nonconforming use means an increase in the area of a nonconforming use including any placement of such a use in a structure or part thereof where the use or the structure did not exist before, an improvement that would allow the land to be more intensely developed for the nonconforming use, any move of a nonconforming use to a new location on the property, or any increase in intensity of the nonconforming use based on a review of the original nature, function or purpose of the nonconforming use, the hours of operation, traffic, • parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of emplovees, and other factors deemed relevant by the city. Expansion permit means a permit which is granted by the City Council for the expansion or enlargement of a nonconforming structure in accordance with Section 129- 40. 4p, as used O R G9nReGt the the W gFaRting ef a Nonconforming use means an activity using land, buildings and /or structures for a purpose that is not currently allowed as a use in the zoning district in which it is located. The term also includes the use of a property which is eligible for a conditional use permit, for which none has been granted. Nonconforming structure means a nonconformity other than a nonconforming- use that does not currently conform to an ordinance standard such as height, setback or • size: and includes a structure which is permitted as the result of a variance. -2134- Undue Hardship, as used in connection with the granting of a variance, means the property in question cannot be out to a reasonable use if used under the conditions • allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by any landowner: and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under this chapter. Repeal City Code Subsection 129 -35 in its entirety and replace with a new City Code Subsection 129-35 as follows: ,ter Of aim i 1A 1� 1 601 ra 0-11-0-111 -2135- Of aim ...... ........ 1� 1 601 . yr_ - - Me-: -2135- Sec. 129 -35. Nonconformities. • a Non () structures. (1) Any structure lawfully existing upon the effective date of the ordinance from _which this chapter is derived may be continued at the size and location existing upon such date, but may be expanded or intensified only in compliance with the provisions of this section. (2) Nothing in this chapter shall prevent the repair, replacement, restoration, maintenance or improvement of a structure, unless such activities constitute an expansion or enlargement of the nonconformity. (3) Whenever a nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed not later than 12 months after such calamity, unless the damage to the building or structure is 50 percent or more of its fair market value as shown on the assessor's records at the time of damage, in which case it may not be reconstructed unless a buildina permit has been applied for within 180 days after the date of damage, and construction is completed not more than one year after the date of damage. (4) Nonconforming principal and accessory structures may be expanded, enlarged, or modified with conforming structures provided: a. the use of the parcel is conforming to district regulations • b. the proposed project meets the current zoning regulations C. no other nonconformities are created. (5) Nonconforming principal and accessory structures may be expanded or enlarged with nonconforming structures only if a variance or an expansion permit is granted. a. a variance is required if the expansion or enlargement will further intrude (as measured at the point of greatest intrusion) into the required setback beyond the distance of the existing structure or the proposed new height/stories is greater than allowed by City Code. For example: (i) if the building currently has a setback of 15 feet when 20 feet is required and the proposed expansion will have a setback of 14 feet a variance will be needed: or (ii) if the nonconforming structure will not further intrude into any currently required setback but will be expanded to a height greater than is permitted by City Code a variance will be needed. b. an exp ansion permit is required if the expansion or enlaraement will not further intrude (as measured at the point of greatest intrusion) into the required setback bevond the distance of the existing structure or the proposed new height/stories is within City Code requirements. For example: (i) if the building currently has a setback of 15 feet when 20 feet is required and the proposed expansion will have a setback of 15 feet an expansion permit will be needed: (2) a second floor area is expanded into the nonconforming setback over an existing nonconforming first floor. -2136- • Setback per code seeowk area allowed mom ii pff code Ewpansim of a noncoadbutmity requires an on pennit if it does nat fiUflW iUtnde 3ntD the setha aces and a vmiaoce if it dae, furry iniaxda into the back: arm Existing (b) Nonconforming uses. (1) Any use lawfully existing upon the effective date of the ordinance from which this chapter is derived may be continued at the size and in a manner of operation existing upon such date, but may be expanded or intensified only in compliance with the provisions of this section. This paragraph shall not be deemed to prevent • the expansion, enlargement or intensification of a nonconforming use if the use is -2137- allowed as a conditional use and the landowner obtains a expansion permit • allowing such expansion, enlargement or intensification (2) When any nonconforming use of any structure or land in any district has been changed to a conforming use, and has been so used for more than 12 months. it shall not thereafter revert to its prior nonconforming use. (3) Whenever a nonconforming use of a structure or land is discontinued for a period of more than 12 months, any future use of said structure or land shall be in conformity with the provisions of this chapter. (4) A nonconforming use of a structure or parcel of land may be changed to a similar nonconforming use or to a more restrictive nonconforming use (as determined by the City Council). Some nonconforming uses are permitted by conditional use permits. Once a structure or parcel of land has been placed in similar nonconforming use or in a more restrictive nonconforming use, and has been so used for a period of more than 12 months, it shall not return to the prior nonconforming use. (5) With the approval of the City Council, alterations may be made to a building containing nonconformina residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or result in the expansion, enlargement or intensification of the use. • Amend City Code Subsection 129 -39 as follows: (a) Criteria. A variance to the provisions of this chapter may be issued, but is not mandated, to provide relief to the landowner in those zones where this chapter imposes undue hardship 9F pFaGtiGal diffin Affies to the property owner in the use of Ws the owner's land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist: (1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this chapter have no control. (2) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter. (3) The special conditions or circumstances do not result from the actions of the applicant. (4) Granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district. • (5) The variance requested is the minimum variance which would alleviate the hardship. -2138- (6) The variance would not be materially detrimental to the purposes of this • chapter or to property in the same zone. (b) Procedure. (1) The person applying for a variance shall fill out and submit to the planning staff a variance request form. A site plan with a certificate of survey must be attached at a scale large enough for clarity showing the following information: a. Location and dimensions of: 1. Lot; 2. Building; 3. Driveways; and 4. Off - street parking spaces. b. Distance between: 1. Building and front, side, and rear lot lines; 2. Principal building and accessory buildings; 3. Principal building and principal buildings on adjacent lots. C. The location of signs, easements, underground utilities, etc. d. Any additional information as may be reasonably required by the planning staff and applicable sections of this zoning chapter. (2) The planning staff shall refer the application to the Planning Commission • for review. (3) The Planning Commission must take action on the application within 90 days after receiving the application. If it recommends for the variance, it may impose conditions it considers necessary to protect the public health, safety and welfare and such conditions may include a time limit for the use to exist or operate (4) Upon receiving the recommendation of the Planning Commission or within 60 days after referral of the application for a variance to the Planning Commission, if no recommendation has been transmitted, the Council may place the request on the agenda. The Council may grant variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances peculiar and unique to the individual premises, or property, under consideration, and may grant such a variance only when the applicant therefore has demonstrated that such action will be in keeping with the spirit and intent of this chapter and the zoning district in which such a variance is requested (5) Whenever a variance has been considered and denied by the Citv Council, a similar application and proposal for a variance shall not be considered again by the Planning Commission or City Council for at least one (1) year from the date of its denial, unless a decision to reconsider such matter is made by the City Council. (c) The Council may impose any reasonable condition in the granting of such • variances in order to insure compliance with this chapter, or to protect adjacent property. -2139- • Amend City Code Chapter 129 to establish a new Subsection 129.40 as follows: Sec. 129 -40. Expansion Permit. (a) Criteria. An expansion permit for a nonconforming structure may be issued, but is not mandated, to provide relief to the landowner where this chapter imposes practical difficulties to the property owner in the reasonable use of the land. In determining whether practical difficulties exist, the applicant must satisfy the City Council that the following criteria exist: (1) the proposed expansion is a reasonable use of the property considering: a. function and aesthetics of the expansion. b. absence of adverse off -site impacts such as from traffic, noise, odors and dust. c. adequacy of off - street parking. (2) exceptional or extraordinary circumstances justifying the expansion are unique to the property and result from lot size or shape. topography, or other circumstances over which the owners of the property since enactment of this chapter have had no control. (3) the exceptional or extraordinary circumstances do not result from the actions of the applicant. (4) the expansion would not adversely affect or alter the essential character of the • neighborhood. (5) the expansion requested is the minimum needed. (b) Procedure. (1) The person applying for the expansion permit shall fill out and submit to the planning staff an expansion permit request form with fee as required by City Code Section 101. A site plan with a certificate of survey must be attached at a scale large enough for clarity showing the following information: a. Location and dimensions of: 1. Lo 2. Building: 3. Driveways; and 4. Off - street parking spaces. b. Distance between: 1. Building and front, side, and rear lot lines: 2. Principal building and accessory buildings: 3. Principal building and principal buildings on adjacent lots. c. The location of signs, easements, underground utilities, etc. d. Any additional information as may be reasonably required by the planning staff and applicable sections of this zoning chapter. (2) The planning staff shall refer the application to the Planning Commission for review. If it recommends approval of the expansion permit, it may include conditions it considers necessary to protect the public health, safety and welfare and the essential character of the neighborhood. -2140- (3) Upon receiving the recommendation of the Planning Commission the Council may place the request on the agenda for formal review. If it grants an expansion • permit, the Council may impose any reasonable condition in order to insure compliance with this chapter, or to protect adjacent property. If no recommendation has been transmitted by the Planning Commission within 60 days of the date of the application, the Council, at its discretion, may place the request on the agenda for review. Action on a request for an expansion permit shall be in accordance with the timeline established in Minnesota Statutes 15.99. (c) Term of Expansion Permit. An expansion permit -granted will automatically expire and be of no further force and effect if no building permit has been issued within one year of the date of approval of the expansion permit. The applicant may petition for an extension of time in which to have a building permit issued. Such extension shall be requested in writing and filed with the Building Official at least thirty (30) days before the expiration of the original expansion permit. It is the applicant's responsibility to monitor the expiration of the expansion permit. There shall be no charge for the filing of such petition. The request for extension shall state facts demonstrating a good faith attempt to complete the expansion as permitted in the expansion permit. Such petition shall be presented to the Planning Commission for a recommendation to the City Council for decision. Once the project is completed as approved, the expansion permit becomes perpetual subject to the limitations contained in Section 129 -40 or in the expansion permit itself. The structure authorized by the expansion permit will be treated in all respects as a nonconforming structure. (d) Whenever an expansion permit has been considered and denied by the City Council, • a similar application and proposal for an expansion permit shall not be considered again by the Planning Commission or City Council for at least one (1) year from the date of its denial, unless a decision to reconsider such matter is made by the City Council. (e) Specific proiect. The expansion permit is only valid for the project for which it was granted. Construction of any proiect must be in substantial compliance with the building plans and specifications reviewed and approved by the City Council. (f) Recording. A certified copy of the expansion permit must be filed by the applicant with the Hennepin County recorder or the Hennepin County registrar of titles. The expansion permit must contain a legal description of the property affected. Amend City Code Subsection 129 -195 (b)(2) of the Mound City Code as follows: (2) The application for the conditional use permit shall include a detailed preliminary plan, and shall be submitted in complete conformance with the city subdivision regulations or with all Yafianees variations detailed and explained. VaFiaeses Variations to the requirements of chapter 121, pertaining to subdivisions may be approved by the City Council upon a showing that the public health, safety, and welfare will not be adversely affected and further that the development plan will not have an adverse effect on adjacent properties. All variances must be so noted on the preliminary plan at the time of application. -2141- • Amend City Code Subsection 129 -195 (g) as follows: (g) No conveyance of property within the PDA shall take place until the property is platted in conformance with the city subdivision regulations and Minn. Stats. § 462.358 or unless specifically waived in accordance with section 121 -3 by Yaraaeee. All bylaws, homeowners' association articles of incorporation, and protective covenants must be approved by the City Attorney and filed with the record plat. Passed by the City Council this day of 2010. Attest: Bonnie Ritter, City Clerk Published in The Laker the Effective the • • Mayor Mark Hanus -2142- CITY OF MOUND • ORDINANCE NO. -2010 AN ORDINANCE AMENDING CHAPTER 101 THE MOUND CITY CODE AS IT RELATES TO GENERAL AND ADMINISTRATIVE PROVISIONS The City of Mound does ordain: Section 101 -3, Land use fees, is hereby amended by adding the following fees: (h) Subdivision and Zoning Fees, Section Description Fee 129 -40 Expansion Permit $ 200.00 Expansion Permit escrow 750.00 Passed by the City Council this 12 day of October 2010 r� Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk Published in the Laker on the Effective on • -2143- 1 CITY OF MOUND • ORDINANCE NO. _ -2010 AN ORDINANCE AMENDING CHAPTER 119 OF THE MOUND CITY CODE AS IT RELATES TO SIGNS The City of Mound does ordain: That Section 119 -2, Administration and enforcement, be amended to read as follows: (e) Vafiaases: Variations /modifications The City Council may grant a YaFi+aRse variation /modification from the requirements of this chapter as to specific signs where it is shown that by reason of topography or other conditions that strict compliance with the requirements of this chapter would cause a hardship. A Vafiaece variation /modification may be granted only if the 4rar-iaRAe variation /modification does not adversely affect the spirit or intent of this chapter. Written application for a VafiaRGe variation /modification shall be filed with the City Qlerk and shall state fully all facts relied upon by the applicant. The application shall be supplemented with maps, plans, or other data which may aid in an analysis of the matter. The application shall be referred to the Planning Commission for its recommendation and report to the City Council Mayor Mark Hanus • Attest: Bonnie Ritter, City Clerk Published in the Laker on the Effective on is -2144- CITY OF MOUND ORDINANCE NO. _ -2010 • AN ORDINANCE AMENDING CHAPTER 125 OF THE MOUND CITY CODE AS IT RELATES TO TRAILERS AND TRAILER PARKS The City of Mound does ordain: That Section 125 -3, Variances, be amended to read as follows: (a) The Council may grant YafianGes variances /modifications from this chapter upon a finding that all of the following conditions exist: (1) There are special circumstances or conditions affecting said property, such that the strict application of the provisions of this Code would deprive the applicant of the reasonable use of his land. (2) The YaFianGe variances /modifications is necessary for the preservation of and enjoyment of a substantial property right of the petitioner. (3) The granting of the YafiaaGe variances /modifications will not be detrimental to the public welfare or injurious to the other property in the territory in which said property is situated and will not have an adverse effect upon traffic or traffic safety. (b) Making this finding, the Council shall consider the nature of the proposed use of the land and existing use of the land in the vicinity, the number of persons who reside or work in the area, and the probable affect of the proposed variance upon traffic conditions in the vicinity. • (c) In granting vaFiaMes variances /modifications as herein provided, the Council shall prescribe conditions that it deems desirable where necessary to protect the public interest. In making a determination, the Council shall find that: (1) The proposed project will constitute a desirable and stable city development. (2) The proposed project will be in harmony with the adjacent areas. (3) The application f9F any vadanrae shall be made in writing and addressed to the Planning Commission and the City Council and shall be submitted to the City Clerk. (d) Such application shall include the specific dance variances /modifications request, its the location of the6e vaFiaAG96, and how it varies from the provisions of this Code. The written application shall be submitted to the Planning Commission for its advice and recommendation, and the Planning Commission shall report on the provisions set forth in this section. Passed by the City Council this day of , 2010. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk Published in The Laker the _ day of , 2010. Effective the _ day of , 2010. • -2145- CITY OF MOUND . RESOLUTION NO. 10- RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. -2010 WHEREAS, the City has adopted the above referenced amendment to the Mound City Code at the October 12, 2010 City Council meeting; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of the complete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Ordinance No. -2010. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound Minnesota, that the City Clerk shall cause the following summary of Ordinance No. _-2010 to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. -2010 AN ORDINANCE AMENDING CHAPTER 129 OF THE CITY CODE AS IT RELATES TO THE ZONING ORDINANCE The City Council has adopted Ordinance No. _-201 0, an ordinance entitled "An Ordinance Amending Chapter 129 of the Mound City Code as it Relates to the Zoning Ordinance". This summary of the ordinance is published pursuant to Minnesota Statutes Section 412.191. The amendment: adds and deletes certain definitions; amends the regulations regarding variances and nonconforming uses and establishes new regulations for expansion permits. Copies of the full text of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling 952 -472 -0610. /s/ Bonnie Ritter, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two (2) weeks. Adopted by the City Council this 12"' day of October 2010. Mayor Mark Hanus C7 Attest: Bonnie Ritter, City Clerk -2146- Change of use and occupancy classification 40 The concept of a "change of use" applies primarily to commercial buildings or structures that fall under the International Building Code. However, there are some instances where a home could experience a change of use (conversion to a business, or a vacation rental are a couple of examples). The development of the building codes is an iterative process that attempts to learn from the mistakes of the past. If we look at how fires spread, how deaths occurred in nightclub fires, and hundreds of other examples, we find patterns that lead us to improvements or changes in the code. Whenever a structure experiences a change of use and occupancy classification, the code requires a reevaluation of the building based on the design professional's selection of the applicable code. There are two options for a designer to choose from: the International Building Code, or the Minnesota State Building Conservation Code. If the Minnesota State Building Conservation Code is selected, the essential rules state that if the hazard classification does not increase on the four scales: height and area, life safety and exits, occupancy • separations, and exposure of exterior walls; then the building may be allowed to change use and occupancy classification without modification. If International Building Code (IBC) is selected, then the structure generally must comply with the requirements of a newly constructed building. When we discussed when permits are required, Minnesota rules chapter 1300.0120 stated: An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure shall first make application to the building official and obtain the required permit. What does it mean to change use or occupancy classification? When the building official evaluates the use and occupancy of a structure based on chapter 3 of the IBC, if the classification changes to a new designation, or the character of the classification changes within the same designation, a change of use has occurred. -2147- • What are the use and occupancy classifications? See the attached handout for a brief general description of the use and occupancy classifications Why is this important? The building code is not a retroactive document. It applies to a building at the time that it is constructed or altered. If no alterations have occurred in a building that is 50 years old and has not experienced a change of use or occupancy classification, the building would certainly be severely out of date with regard to the code requirements. The only way to ensure that the building is safe for a new occupancy is to require compliance at the time the occupancy classification changes. Examples might include: Changing an office space into a daycare, Changing a warehouse into a religious worship center, Changing the contents of a manufacturing facility, Changing the inventory in a warehouse, Changing an agricultural structure (exempt) to a personal storage bldg. • The rules for exiting and egress, sprinkler and fire alarm requirements, emergency lighting, and a whole host of additional building code issues become relevant when a change of use or occupancy classification has taken place. In addition, the type of construction, allowable height and area, and allowable number of stories are all interrelated with the use and occupancy classification. These factors all play a role in the determination of how safe a building is as it relates to the likely number of occupants the building will contain. The less flammable the type of construction, the larger the allowable area and the allowable number of stories. The less hazardous the occupancy classification is, the more likely it is that building can be larger and taller. Finally, the maximum fire area, which is the area enclosed and bounded by fire walls, fire barriers, exterior walls, or fire- resistance -rated horizontal assemblies of the building, is affected by the use and occupancy classification. As a result, depending on the building type, use classification, and other factors, "fire breaks" must be designed into the • building to ensure that occupants have sufficient time to escape in the event of an emergency. -2148- One of the most important aspects pertaining to a building is the occupancy designation for the use of the • building or the various areas within the building. Therefore, whenever anything changes in relation to an existing building, it is very important that the intended use be reviewed for code compliance and assignment of the appropriate occupancy classification in an effort to protect the life, health, and safety of the occupants. The MN State Building Code imposes different requirements on the various occupancy classifications. Whenever a building is constructed, occupancy classifications are assigned according to the intended use. This regulates the building design and construction for compliance with the building code requirements. Upon completion of a project, the issued certificate of occupancy becomes the permanent record approving the use or uses that the building was designed and constructed to accommodate. The issue of Occupancy Classification should not be confused with zoning classifications a municipality designates as a part of their planning process. A municipality utilizes zoning classifications to manage orderly development and use of their land resources. Within the MN State Building Code, occupancy classifications are designates as follows: A = Assembly (where people congregate); subcatagory: Al -A5 B = Business (Office, Professional, & Service -type Businesses) E = Educational (Educational use through the 12th Grade) F = Factory (Fabricating & Manufacturing, where not H classification); subcatagory: F1 -F2 H = Hazardous (Manufacturing, Processing, or Storage of Hazardous Materials; subcatagory: H1 -H5 I = Institutional (Supervised Care Facilities like Hospitals or Jails); subcatagory: 11 -14 M = Mercantile (Display & Sale of Merchandise to the public) R = Residential (Use of a building for sleeping purposes); subcatagory: R1 -R4 is S = Storage (Storage Use not considered hazardous); subcatagory: S1 -S2 U = Utility & Miscellaneous (Otherwise Unclassified) Throughout the life cycle of a building, the uses within the building often change. An example of such a use change is a building that was originally designed and constructed as a warehouse but now a church wants to use the building. The original occupancy designation would be an "S" or an "F" occupancy classification. If the church were to use the building, the occupancy classification would need to be changed to an "A" occupancy classification. Another example is a building that was originally designed and constructed as a grocery store but now a clinic wants to use the building. Originally, the occupancy designation would be an "M" but would need to be changed to a "B" occupancy classification. In both examples the proposed use changes would need to be reviewed by the Building Official for compliance with requirements set forth in the MN State Building Code or the Building Conservation Code (chapter 1311 of the MN State Building Code). Examples of different building components that would be reviewed are fire rated construction, fire suppression, accessibility, egress and the number of exits, and plumbing fixtures. These are just a few of the components that are reviewed. Once compliance is achieved, the Building Official would issue a new certificate of occupancy reflecting the new occupancy designation. It is important to remember that Chapter 1300.0220 Subpart 1 of the MN State Building Code states that, "No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building, structure, or portion of a building or structure shall be made until the building official has issued a certificate of occupancy for the building or structure ...." If you become aware of a change of occupancy, please let us know so that we can review the occupancy classification in an effort to protect the life, health, and safety of the occupants. -2149- • • What are Use and Occupancy Classifications? N 0 • A — Assembly 1— Institutional — A -1 Theaters — 1 -1 Assisted Living — A -2 Eating & Drinking — 1 -2 Hospitals — A -3 Worship /Recreation — 1 -3 Jails & Prisons — A -4 Indoor Sport Viewing — 1 -4 Day Care — A -5 Outdoor Sport Viewing • M — Mercantile • B — Business • R — Residential • E — Educational — R -1 Hotels • F — Factory — R -2 Apartments — F -1 Moderate Hazard — R -3 Homes — F -2 Low Hazard • S — Storage • H — High Hazard — S -1 Moderate Hazard Storage — H -1— H -5 — S -2 Low Hazard Storage • U — Utility & Miscellaneous • 5341 Maywood Road Mound, MN 55364 (952) 472 -0604 To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: October 7, 2010 Re: Mound Manufactured Home Park, 6639 Bartlett Boulevard Background. At its June 22 and July 27` meetings, the City Council was provided a report and update from Building Official Scott Qualle related to issues and concerns about the manufactured home court that straddles the Mound /Minnetrista border and is located at 6639 Bartlett Boulevard in Mound and 6701 County Road 110 in Minnetrista. These concerns include: 1. Possible southern region units being installed in a northern climate. 2. Unsafe or unlivable units including need for removal 3. Units experiencing catastrophic failures (i.e. fire, pipe breaks, flooding, etc. without repair, renovation or removal.) 4. Water intrusion leading to mold and other health concerns. 5. Multiple instances of work without permits such as enclosing windows and replacement of heating and plumbing appliances. It was determined that inspections should be conducted by the Building Official and permission • was sought from the property owners. However, despite several attempts by the Building Official and the City Manager, permission from the property owners was not obtained. Therefore, Mound and Minnetrista Staff began meeting to develop a strategy that 1) addresses the issues; and 2) is coordinated in its intent. As a result, it was determined that MnSpect would conduct limited inspections (exterior of all units and interior inspections where occupant permission was given) of all units in the manufactured home park to determine specific concerns. Those inspections were conducted on April 30, 2010 and May 3, 2010 respectively. Following the inspections, the manufactured home units homes were placed into three categories: "A ", "B" and „C„ a. Category "A" are those homes clearly meeting the definition of an unsafe structure, where all defects could be identified and placed on a repair order. The appropriate course of action for category "A" homes is condemnation through an order to abate hazardous conditions ( "abatement order ".) Only one home clearly met this definition and was the subject of the Minnetrista hazardous property order and was recently removed. b. Category "B" are those where our inspection indicated significant concerns regarding alterations to the structures (boarding up windows or fire exits, etc.) or other safety/health issues. The recommended course of action for category "B" homes is to request inspections of the interiors (which has been done and not allowed) or to request administrative search warrants to evaluate the homes to determine a complete list of repairs required to bring the homes to a reasonable standard of safety and habitability. Upon obtaining the required administrative warrants and conducting these inspections, a list of required repairs will be prepared and will determine whether the category "B" homes become category "A" homes or category "C" homes. If they become category "A" homes, our inspection will become the basis of an abatement order and would require future action by the City Council. • -2151- C. Category "C" are those units where the City has no known knowledge or evidence of life • health or safety concerns. The goal is to get all homes in the park to a category "C" level. Discussion. • After the July 27, 2010 City Council meeting, follow -up meetings with Mound and Minnetrista Staff were held on September 16 and September 30 respectively to discuss the next steps related to the health and safety concerns of several units and need for follow up of interior inspections either through consent or by administrative warrant. • Based on review of the information assembled, it is Staff's recommendation that administrative warrants be prepared for seven (7) of the park units in Mound and submitted to a judge to undertake interior inspections of park units. • Mound Staff met with Buzz Jonason, a park owner, on September 13, 2010 regarding the park. Additionally, Mound Staff met with Patty Smith, a park owner's representative, on October 7, 2010 to discuss park issues as well and redevelopment. Staff will provide further information about the recent meetings at the 10/12 Council meeting. • The estimated cost of the activities associated with the preparation and procurement of the administrative warrants by the City Attorney is approximately $1200.00. The estimate cost of the activities by the Building Official is approximately $420.00. City Council members are also advised that there may be additional fees related to bringing and pursuing the hazardous building action • based on the information discovered in executing the search warrants. Included with these charges would be drafting the resolutions /orders serving the order and handling the case in court whether as a default or a contested case. The estimated costs for this phase, as provided by Kennedy and Graven, have varied from a high of approximately $11,000 to a low of about $3,000 and would not include fees charged by the Building Official or include the cost of correction of the hazardous condition. Recommendation. It is important to again mention that our continued goal is to work with the ownership and management of the park to assist them in identifying the life, health, and safety efficiencies and oversee, through the required permit process and the reconstruction or removal of deficient units. However, as we have not been able to procure permission to conduct the interior inspections, the next recommended step is to prepare and obtain administrative warrants to gain access into the units to evaluate the condition based on the classification given to each home from the limited inspection previously conducted. The requested actions are as follows: 1. Approval of Resolution No. 10-_ authorizing preparation of and obtaining administrative warrants by City Attorney to obtain access by the Building Official for the purpose of conducting health, life and safety inspections of the interior of the units located in the Mound manufactured home park, 6639 Bartlett Boulevard and authorizing expenditures of funds regarding same. • • Page 2 -2152- Suggested Funding Source (101- 42400 -300 Planning and Building Inspections Professional Services) • Notification. The City Council is advised that a copy of the October 12, 2010 City Council meeting agenda and a copy of this memorandum were mailed to P &J Investments LLC October 8, 2010. • • • Page 3 -2153- • CITY OF MOUND RESOLUTION 10- Resolution No. 10- _Authorizing Preparation of and Obtaining Administrative Warrants by City Attorney to Obtain Access by the Building Official for the Purpose of Conducting Health, Life and Safety Inspections of the Interior of the Units Located in the Mound Manufactured Home Court, 6639 Bartlett Boulevard and Authorizing Expenditure of City Funds Regarding Same WHEREAS, MNSPECT, serving as the designated Building Official for the City of Mound, has concerns regarding the safety, habitability and lack of permits for renovations at the manufactured home park that straddles the Mound and Minnetrista border located at 6639 Bartlett Boulevard in Mound and 6701 County Road 110 in Minnetrista. These concerns include: 1. Possible southern region units being installed in a northern climate; 2. Unsafe or unlivable units including need for removal; 3. Units experiencing catastrophic failures (fire, pipe breaks, flooding, etc.) without repair, renovation, or removal; 4. Water intrusion leading to mold and other health concerns; and 5. Multiple instances of work without permits such as enclosing windows and replacement of heating and plumbing appliances. • ; and WHEREAS, it was determined that inspections should be conducted by the Building Official and permission was sought from the property owners; and WHEREAS, having no communication from the property owners despite several letters from MnSpect and the City's administrative leaders regarding the City's request to conduct inspections of the units in the park, Mound and Minnetrista Staff jointly met to develop a strategy that 1) addresses the issues; and 2) is coordinated in its intent and scope. As a result, it was determined that MnSpect should conduct limited inspections (exterior of all units and interior inspections where occupant permission was given) of all units in the manufactured home park to determine specific concerns; and WHEREAS, those inspections were conducted on April 30, 2010 and May 3, 2010 respectively; and WHEREAS, following the inspections, the manufactured home units homes were placed into three categories: "A ", "B" and "C" as follows: a. Category "A" are those homes clearly meeting the definition of an unsafe structure, where all defects could be identified and placed on a repair order. The appropriate course of action for category "A" homes is condemnation through an order to abate hazardous conditions ( "abatement order".) Only one home clearly met this definition and was the subject of a Minnetrista hazardous property order and was recently • removed. -2154- b. Category "B" are those where our inspection indicated significant concerns • regarding alterations to the structures (boarding up windows or fire exits, etc.) or other safety /health issues. The recommended course of action for category "B" homes is to request inspections of the interiors (which has been done and not allowed) or to request administrative search warrants to evaluate the homes to determine a complete list of repairs required to bring the homes to a reasonable standard of safety and habitability. Upon obtaining the required administrative warrants and conducting these inspections, a list of required repairs will be prepared and will determine whether the category "B" homes become category "A" homes or category "C homes. If units become category "A" homes, the inspection will become the basis of an abatement order and would require future action by the City Council. C. Category "C" are those units where the City has no known knowledge or evidence of life health or safety concerns. The goal is to get all homes in the park to a category "C" level. and; WHEREAS, based on review of the information assembled by the Building Official, it was determined that administrative warrants be prepared for seven (7) park units in Mound and submitted to a judge to undertake interior inspections of park units to evaluate the condition based on the classification given to each home from the limited inspection previously conducted. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound as follows: 1. The City Council hereby authorizes preparation of and obtaining administrative warrants • by the City Attorney to obtain access by the Building Official for the purpose of conducting health, life and safety inspections of the interior of the units located in the Mound manufactured home court, 6639 Bartlett Boulevard and authorizing expenditure of City funds regarding same. 2. The Mayor and /or City Manager (or designee) are authorized to execute any and or all documents related to this matter on behalf of the City of Mound. Adopted by the City Council this 12` day of October 2010 Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk • -2155- • Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101 -5133 (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION _ a 1 NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER t IGl TS Oi= COL"Me"S C` "viC.i t_ W05 O 1 ge STREET ADDRESS CITY STATE ZIP CODE C- to JI IL t2A 5c� JS l� ► C�5 2, 36 1 � oos t_Oczl,j�•, �P_ hi NNE rRIST - A 1�')1� SS L ) NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE VIM k (z/JSnL^-)51C1 (qS2) 5`F3 - (999 (qsr) LI -559(P DATES LIQUOR WILL BE SOLD M t 2c� 10 TYPE OF ORGANIZATIO ORGANIZATION OFFICER'S NAME ADDRESS ( ® ,r f p I N D? i1! E JIM k <RAS ( D t ,3 MNNEr121srq, S536H ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION ADDRESS Location license will be used. If an outdoor area, describe (` oLk fL UA o Y C-1 ►- —11 ° LA IC C 61 y r'1 IQ S I C,( jyl -7 -4 1 1 CO M ME. tzc.0 3L_ D M o r\) V-) ` M l\� SS 30 Y Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Np Will the applicant carry liquor liability insurance? If so, please provide the ca name and amount of coverage. C mC N , t-. A (:i ` A <..t e) n W rl C i 2 S / 4 1. _ oo C), d OL APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY / 1Tf Y CITY FEE AMOUNT a DATE FEE PAID "l - 0 0 — � 0 SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event -2156- DATE APPROVED LICENSE DATES PS-09079 (12/09) CITY OF MOUND - Bolton & Menk, Inc., ENGINEERING PROJECT STATUS • October 6, 2010 I. 2008 Projects to be completed in 2010 A. 2008 Storm Drainage Improvements: the contractor, Widmer Construction, has completed the project. The replacement of dead plantings, with trees, at the Basswood/Noble pond was completed last fall. The area was planted with prairie grass this summer but the results were unacceptable and needs to be replanted, either this fall or in the spring. II. 2009 Projects to be completed in 2010 A. 2009 Street, Utility and Lift Station Improvement Project: a contract in the amount of $4,384,788.34 was awarded to GMH Asphalt Corporation on April 28, 2009 which includes both Tonkawood West area and Island View Drive/Dorchester Road. The Assessment Hearings were held on September 28 separately for Island View Dr/Dorchester and Tonkawood Area, and the proposed Assessment Rolls were adopted. Final payment is anticipated within • the next month after the remaining punch list items are resolved. B. City Street Light Replacement: a proposal for federal Economic Stimulus Package funding was submitted in March 2009 for replacement of the City's street lights on County Roads 110 and 15. A contract was awarded to Eagan Companies on March 23, 2010 in the base bid amount of $919,019.50. On May 11, 2010, a Supplemental Agreement was approved which added $91,267.52 for a new total contract amount of $1,001,286.52. The pole and fixture installation is proceeding on schedule and project completion is anticipated by the end of October. C. Surface Water Management: this is an ongoing effort which includes updating the City's Surface Water Management Plan (SWMP), the annual review and update of the City's Stormwater Pollution Prevention Plan (SWPPP) and assisting city staff in compliance with National Pollution Discharge Elimination System (NPDES) Phase I1 Permit. The SWMP was approved by the MCWD Board on June 18, 2009. Scheduled City maintenance of drainage facilities is now required and must be documented. MCWD proposed rules revisions, Rule D (Wetland Protection) and Rule F (Shoreline and Streambank Stabilization) were approved by the District board on July 15 The process for revision of the Stormwater Management rule has recently begun with the first meeting of the Technical Advisory Committee held on September 1, 2010. The second meeting was held on September 30 and meeting minutes • -2157- • will soon be provided. On October 12 the MCWD staff will be holding a Rules training session to go over the recent rule revisions. III. 2010 Projects A. 2010 Seal Coat and Crack Seal Project: A contract was awarded on May 11, 2010 to Precision Sealcoating in the amount of $10,000 for sealing cracks in the Three Points area and Langdon Bay area. A preconstruction meeting was held on June 3, 2010 and work was completed the following week. A contract was also awarded on May 11th to Allied Blacktop in the amount of $83,644.00 to seal coat all streets in the Three Points Area. This work began on July 29 and due to rain on the 30 was completed on August 1 The second sweeping was completed in early September; Final payment was approved at the September 28 council meeting. B. 2010 Lift Station Improvements: this project includes four lift station replacements, LS E2 (4948 Bartlett Blvd.), LS E3 (2649 Wilshire Blvd.), LS D4 (4791 Northern Rd.) and LS B1 ( 2990 Highland Blvd.). The project was bid on July 20 and awarded to Kuechle Underground, Kimball, MN, on July 27 in the amount of $746,766.24. LS E2 was bid as an alternate at an • additional $216,068.03. Contingent on successful negotiations with the adjacent residents, which have been done, a change order in this amount was approved. A preconstruction meeting was held on August 12 and work began on October 4 at the LS D4 site. IV. 2011 Projects A. 2011 Street, Utility and Retaining Wall Improvement Project: the Feasibility Report for this project was received by the Council on August 24, 2010 and a Public Improvement Hearing was set for October 12, 2010. The proposed project includes two areas: 1. the MSA route, Ridgewood /Idlewood/Highland between CSAH 44 and CASH 15, referred to as the Highland Area; 2. The SW portion of Island Park, referred to as Southwest Island Area. • -2158- City of Mound Cashlinvestments Balances by Fund At the End of September 2010 FUND NAME $ Amount General Fund 1,213,286 Park Dedication Fees 7,670 Area Fire Protection Services 339,878 Dock 301,252 Mound HRA 12,230 G.O. Equip. Certf. 2004 - C 25,110 G.O. Equip. Certf. 2005 - C (36,639) G.O. Equip. Certf. 2006 - C 5,883 G.O. Equip. Certf. 2007 - C (10,893) G.O. Equip. Certf. 2008 - D (14,731) G.O. Equip. Certf. 2009 - C 12,910 Mound Transit Center Series 200E 44,516 G.O. Bonds 2001 - C 71,907 Commerce Place TIF 42 G.O. Bonds 2003 - C TIF 1 -2 422,438 G.O. Bonds 2001 - A 22,033 G.O. Bonds 2003 - A 200,670 G.O. Bonds 2004 - A (113,450) G.O. Bonds 2005 - A 352,228 G.O. Bonds 2006 - A 345,145 G.O. Bonds 2007 - A 358,185 G.O. Bonds 2008 - B 278,673 G.O. Bonds 2009 - A (26,026) Taxable G.O. TIF Bonds 2008 A 122,555 HRA Lease Rev Bonds (107,058) Capital Improvement 327,007 MSA (10,187) Sealcoat 36,141 Parking Deck - Downtown TIF 1 -2 63,910 Downtown TIF 1 -3 MHR 152,496 HRA Public Safety Bldg - Water 555,227 Sewer 1,110,139 Liquor Store (486,202) Recycling (4,495) Storm Water (741,012) Total Cash 4,830,841 36,895 • Note: The above schedule shows the combined cash and investment balances by fund for the months indicated as recorded in the General Ledger. The balances do not reflect receivable, payables, authorized transfers, encumbered funds, or dedicated /reserved resources, etc. Only some accrued transactions are reflected. Investment income will be distributed to the funds at the end of the year and is not included. A long and complete process is followed to record all transactions, before we close the books, at the end of the year. In addition, the audit from the independent auditor is performed and an official Comprehensive Report • will be presented to the City Council and made available to interested parties. In no way this schedule is intended to represent balances of funds available for spending. -2159- 10 I* I* GENERALFUND Taxes Business Licenses Non - Business Licenses /Permit Intergovernmental Charges for Services Court Fines Street Lighting Fee Franchise Fees G.O. Equipment Certificates Charges to Other Dpts Park Dedication Fees Other Revenue TOTAL REVENUE FIRE FUND DOCKFUND MOUND HRA WATER FUND SEWER FUND LIQUOR FUND RECYCLING FUND STORM WATER UTILITY INVESTMENTS (Net of Exp) CITY OF MOUND BUDGET REVENUE REPORT Sept. 2010 75.00% Sept. 2010 YTD PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED 3,861,424 - 2,027,687 (1,833,737) 52.51% 18,100 25 18,850 750 104.14% 99,000 24,608 120,320 21,320 121.54% 122,060 5,645 43,335 (78,725) 35.50% 89,400 864 64,582 (24,818) 72.24% 55,000 4,276 42,913 (12,087) 78.02% 216,000 18,313 169,987 (46,013) 78.70% 397,000 11,312 234,462 (162,538) 59.06% 105,625 - - (105,625) 0.00% 12,000 (1,000) 2,990 (9,010) 24.92% - - - - 0.00% 354,270 107,558 196,943 (157,327) 55.59% 5,329,879 171,601 2,922,071 (2,407,808) 54.82% 1,052,805 111,789 839,704 (213,101) 79.76% 155,140 8 175,359 20,219 113.03% - - - - #DIV /0! 1,200,000 107,025 947,156 (252,845) 78.93% 1,439,250 122,869 1,050,250 (389,000) 72.97% 3,003,000 218,455 2,003,064 (999,936) 66.70% 231,700 16,118 183,705 (47,995) 79.29% 229,488 19,502 175,417 (54,071) 76.44% 16 3,511 3,511 -2160- CITY OF MOUND BUDGET EXPENDITURES REPORT September 2010 75.00% September 2010 YTD PERCENT BUDGET EXPENSE EXPENSE VARIANCE EXPENDED GENERAL FUND Council Promotions City Manager /Clerk Elections Finance Assessing Legal City Hall Building & Srvcs Computer Police MEMO: Police Reimb. Emergency Prepardeness Planning /Inspections Streets Parks Park Dedication Fees Cemetery Recreation Transfers Cable TV Contingencies 79,991 71,500 327,779 18,375 326,745 95,650 140,506 102,845 29,800 1,883,189 (75,000) 25,950 363,099 714,551 536,882 11,239 5,000 518,600 45,230 31,700 1,638 43,098 0 40,000 25,977 232,819 0 11,102 23,431 227,385 0 92,880 14,081 86,082 7,500 74,738 2,111 27,848 135,873 1,301,460 424 22,652 34,020 236,455 47,780 519,113 -1,357 386,339 0 11,380 7,629 8,583 0 300 42,704 393,746 0 22,633 1,494 10,877 36,893 53.88% 31,500 55.94% 94,960 71.03% 7,273 60.42% 99,360 69.59% 2,770 97.10% 54,424 61.27% 28,107 72.67% 1,952 93.45% 581,729 69.11% - 75,000 0.00% 3,298 87.29% 126,644 65.12% 195,438 72.65% 150,543 71.96% - 11,380 #DIV /01 2,656 76.37% 4,700 6.00% 124,854 75.92% 22,597 50.04% 20,823 34.31% GENERAL FUND TOTAL 5,328,631 343,305 3,749,490 1,579,141 70.36% Area Fire Service Fund 1,052,807 93,123 765,505 287,302 72.71% Dock Fund 174,001 54,255 119,473 54,528 68.66% HRA Fund 40,250 25,589 14,661 63.58% Capital Projects 1,672 411,767 934,593 - 932,921 TIF 1 -2 Downtown Mound - 0 0 0 TIF 1 -3 MHR - 42 499 -499 Water Fund 1,698,603 103,834 1,239,582 459,021 72.98% Sewer Fund 1,645,388 125,907 1,226,948 418,440 74.57% Liquor Fund 604,849 66,268 444,880 159,969 73.55% Recycling Fund 240,943 21,937 154,868 86,075 64.28% Storm Water Utility 346,012 31,485 283,370 62,642 81.90% 40 1 40 1 01 -2161- 3rd Quarter - 2010 YTD Total 3,780.00 395,101.75 r� -2162- City of Mound BM Engineering Hours YTD as of 9/30/10 BIOWBSI Project Hours $ Billed Fund Fund/Funding Source . C12.038996 Mound /Development Reviews 42.50 4,909.00 Escrows Escrow Accounts - Billed to property owners 42.50 4,909.00 C12.037921 Mound /General Engineering 266.00 24,771.50 101 General Fund/Taxes C12.038230 Mound /Comp Plan Update 64.50 7,137.00 101 General Fund /Taxes C12.100590 Mound /GIS Updates 28.00 2,131.75 101 Streets (1/4) /Taxes C12.038243 Mound /Update Street & Utility Maps 23.50 1,726.38 101 Streets (1 /4)/Taxes 382.00 35,766.63 C12.100303 Mound /2009 Street Reconstruction 757.00 71,731.00 401 Capital Projects Fund /Bonding C12.040420 Mound /Island View Drive Reconstruction 537.00 49,147.00 401 Capital Projects Fund /Bonding C12.039740 Mound /2008 Street Reconstruction 145.50 15,654.50 401 Capital Projects Fund /Bonding C12.039898 Mound /Auditor's Road 82.50 7,460.00 401 Capital Projects Fund /Bonding C12.101221 Mound /Street Light Replacement 28.00 3,802.00 401 Federal Grant /City Matching Funds C12.101482 Mound /SW Island Area 33.50 3,682.50 401 Capital Projects Fund /Bonding 1,583.50 151,477.00 C32.301983 Mound /2010 Seal Coat Project 141.00 15,415.50 427 Municipal State Aid for Streets (MSA Funds) C12.039425 Mound /MSA System Update 88.50 12,459.00 427 Municipal State Aid for Streets (MSA Funds) C12.101514 Mound /MSA:Ridgewood /ldlewood /Highland 18.00 2,011.50 427 Municipal State Aid for Streets (MSA Funds) 247.50 29,886.00 C12.300590 Mound /GIS Updates 28.00 2,131.75 601 Water Fees (1/4) C12.038243 Mound /Update Street & Utility Maps 23.50 1,726.38 601 Water Fees (1/4) C12.040166 Mound /Wellhead Protection Plan 2.00 284.00 601 Water Fees C12.040153 Mound /Wilshire Blvd WM & FM 0.50 44.00 601 Water Fees 54.00 4,186.13 C12.102014 Mound /2010 Lift Station Reconstruction 759.00 96,044.30 602 Sewer Fees /Bonding C12.100481 Mound /2009 Lift Station Reconstruction 353.50 37,917.25 602 Sewer Fees /Bonding C12.100590 Mound /GIS Updates 28.00 2,131.75 602 Sewer Fees (1/4) C12.038243 Mound /Update Street & Utility Maps 23.50 1,726.38 602 Sewer Fees (1/4) C12.040096 Mound /2008 Lift Station Reconstruction 5.50 567.00 602 Sewer Fees /Bonding C12.038190 Mound /Sinclair /Baywood Lift Station Imp 5.50 484.00 602 Sewer Fees /Bonding 1,175.00 138,870.68 C12.101909 Mound /Surface Water Management 86.50 10,050.70 675 Storm Water Fees C12.039286 Mound /SWPPP Update 44.50 4,504.00 675 Storm Water Fees C12.037929 Mound /WCA Administration 35.50 3,044.50 675 Storm Water Fees C12.040097 Mound /2008 Storm Drainage Improvements 26.50 2,638.00 675 Storm Water Fees C12.100871 Mound /2009 Drainage Improvement Project 20.00 2,320.00 675 Storm Water Fees C12.101697 Mound /2010 Drainage Improvements 19.50 2,274.00 675 Storm Water Fees C12.100590 Mound /GIS Updates 28.00 2,131.75 675 Storm Water Fees (1/4) C32.038243 Mound /Update Street & Utility Maps 23.50 1,726.38 675 Storm Water Fees (1/4) C12.039173 Mound /Port Harrison Drainage Study 11.50 1,317.00 675 Storm Water Fees 295.50 30,006.33 3rd Quarter - 2010 YTD Total 3,780.00 395,101.75 r� -2162- • -2163- Harbor Wine & Spirits September 2010 • Date Weather Cust. 10 Cust 09 Variance 2010 2009 Difference + /- Cash +/- 9/1 /2010 sun 78 336 305 31 6538.16 5645.39 892.77 0.24 9/2/2010 rain 74 356 356 0 7585.47 6897.08 688.39 39.32 9/3/2010 ovrest 70 565 369 196 14080.55 7351.9 6728.65 -1.15 9/4/2010 sun 75 722 699 23 19384.8 16880.69 2524.11 21.11 9/5/2010 780 -780 20725.26 9/6/2010 ovrest 60s 273 0 273 5052.08 0 5052.08 -1.07 9/7/2010 ovrest 60s 274 335 -61 5200.35 6034.38 - 834.03 -0.95 9/8/2010 sun 68 306 275 31 6858.63 5288.64 1569.99 15.96 9/9/2010 ptsun Itrain68 426 299 127 8379.4 5894.98 2484.42 -5.4 9/10/2010 cldy litrain71 507 372 135 12253.06 7865.44 4387.62 9.54 9/11/2010 72 sun 602 581 21 15032.07 13370.41 1661.66 6.49 9/12/2010 706 -706 16060.54 9/13/2010 sun 74 287 0 287 5177.08 0 5177.08 9/14/2010 sun 70s 263 287 -24 5069.32 5718.99 - 649.67 0.26 9/15/2010 rain 73 263 308 -45 5469.21 5294.05 175.16 0.06 9/16/2010 ovrest 60s 314 322 -8 6819.53 6289.24 530.29 -5.25 9/17/2010 cloudy 60s 497 341 156 11019.96 6762.14 4257.82 -4 9/18/2010 ptsun 65 586 617 -31 13605.37 15093.31 - 1487.94 5.11 9/19/2010 691 -691 16675.69 9/20/2010 MIST 73 305 0 305 5883.3 0 5883.3 0.05 9/21/2010 SUN 75 298 296 2 6388.54 5592.75 795.79 -2 9/22/2010 ovrest 60s 268 287 -19 5499.29 4773.09 726.2 0 9/23/2010 2.25 in rain 277 276 1 5578.61 5346.19 232.42 0.99 • 9/24/2010 wind 62 503 299 204 11791.42 6077.36 5714.06 0 9/25/2010 rain /sun 65 547 496 51 13049.67 10886.34 2163.33 -0.14 9/26/2010 622 -622 15117.76 9/27/2010 perfect 72 277 0 277 5361.74 0 5361.74 2.12 9/28/2010 SUN 74 252 266 -14 4642.75 4696 -53.25 -2.24 9/29/2010 SUN 75 322 242 80 7190.11 4857.93 2332.18 -0.67 9/30/2010 sun 75 325 308 17 7374.87 6382.88 991.99 Totals 9951 10735 -784 220285.4 231578.4 - 11293.03 78.38 • -2163- • xllrmllc Trails are cleared of snow only if cities step up 9 Three Rivers Park District doesn't plow its 10 regional trails come winter, but many suburbs do. By LAURIE BLAKE IbIakeCa)startribune.com In winter, Three Rivers Park Dis- trict's 10 popular regional trails are up for adoption. Those in cities such as St. Louis Park, ,Brooklyn Center and Brooklyn Park IV - e picked up, reflecting a local desire � , keep the trails clear during snowy 4 1 �' .onths for walkers, runners and even bike commuters. Others draw no champions and are quietly snowed in. They include the Da- kota Rail and Lake Independence trails, which are lined by cities unwilling to take on the maintenance and liability. Three Rivers tends to the trails spring, summer and fall. But from Nov 15 to March 31, they're closed unless cit- ies choose to take over the maintenance of segments within their jurisdictions. "We don't have the capacity to oper- ate all these many miles of trails in the winter," said Margie Walz, the district's associate superintendent. Since the mid- 1990s, Three Rivers has given cities the option to use city crews to keep the trails open. St. Louis Park clears snow from the Trails continues on B6 TRAILS FROM B1 Cedar Lake LRT Regional Trail from Minneapolis through St. Louis Park to Hopkins. "It is such an excellent ame- nity, it's hard to see it shut down for an entire season," said Cindy Walsh, the city's di- rector of parks. People walk, run and bike the trail all win- ter. "We are very happy with its use and impressed with the people who use it all year round," she said. Brooklyn Center's segment of the North Mississippi Re- gional Trail is just four blocks, but the city keeps it open all winter because it links resi- dents to a larger trail system, said Todd Berg, supervisor of parks and streets. "It's a pretty important part of the park sys- tem for residents." In Brooklyn Park, "we would hear from our residents" if the city didn't plow the 4 miles of Rush Creek Regional'IYail and the 4 miles of the Shingle Creek Regional Trail that run through town, said Jon Oyanagi, direc- tor of recreation and parks. Golf course employees get winter trail maintenance du- « WE DOWT HAV CAPACITY TO QP THESE MANY MI IN THE WINTER. Margie Walz of Three Rivers Pz ties because the city thinks it's important to provide res- idents with "fitness and year - round outdoor opportunities," he said. Minnetonka and Excelsi- or regularly take on segments of the Lake Minnetonka LRT Regional Trail. Golden Valley, Greenwood, Hopkins, Maple Grove, Plymouth, New Hope and Shorewood also adopt the stretch of trails within their borders. Eden Prairie plows the Min- nesota River Bluffs LRT Re- gional Trail for walking, jog- ging and bike commuting, said Parks and Recreation Di- rector Jay Lotthammer. "More and more, people getting into year -round bike commuting use that as a safe way to com- mute," he said. Taking on a trail segment for the winter comes with rules. Three Rivers requires cities to 'E THE iERATE ALL LETS OF TRAILS A District obtain a permit and buy liabil- ity insurance as well as plow, sweep, sand, pick up trash and post permissible activities. To control ice on crushed limestone trails, Three Rivers insists that cities "use buff -col- ored three- eighth -inch, clear limestone chips," sold only by one Burnsville aggregate pit. The district also requires cit- ies to repair trail surface dam - age done during the winter. So far officials along the 13- mile Dakota Rail Trail, which has quickly become one of the most popular in the state, have decided not to take on these re- sponsibilities. "We don't do any trails in terms of snow removal for win- ter maintenance — we don't have the resources to do that," said David Abel, assistant plan- ner for Minnetrista, home to 2 to 3 miles of the paved trail. Mound, at the midway point of the Dakota Rail Trail, is in the process of putting in a bath- room for users of the trail but won't plow it this winter. City Public Works Super- intendent Jim Fackler said the permit required "is pretty spe- cific about how everything needed to be done, and they [council members] were not comfortable with that." Without plowing, the trail is typically snow - covered, bit people may walk or ski on it anyway, Fackler said. Neighboring Spring Park and Minnetonka Beach also will let their segments of the Dakota Rail "frail close for the winter. "We discuss it every year," said Spring Park utility super- intendent DJ Goman. "We do not do the snow removal, ice removal — any of that." Minnetonka Beach consid- ers care of the trail "too much maintenance," said city Admin- istrator Suzanne Griffin. In cities where trails are not plowed, Three Rivers posts warnings that they won't be maintained but does not bar people from using them, Walz said. Come spring, "we take the trails back." Laurie Blake • 612 -673 -1711 'CAN I GET A RIDE." • Transportation Seminor The City of Mound, The Gillespie Center, WeCAN &Area Clergy Invite Seniors, the disabled &the General Public to an informational seminar &lunch Presented by Metro Transit, Transit Link &Metro Mobility Thursday October 7 2010 Lunch 11:30 AM (Cost is $5) Seminar 12:00 PM at The Gillespie Center, 2590 Commerce Boulevard, Mound Please RSVP by Monday, Qi 4th to bonna Smith for Lunch Reservations and Rides 952-472-4363 & Lunch Metropolitan Council u • September 17, 2010 Dear Mayor: The inflow and infiltration (1 /1) of clear water into local and regional wastewater pipes is a waste of financial resources and an environmental threat. But with the help and participation of communities across the region, the continuing effort to eliminate clear water from the wastewater treatment system is a big success. In fact, the 47 communities identified as having excess 1/1 are making such good progress that we've been able to avoid surcharges on municipal wastewater fees in all but one instance. Additional good news stems from Metro Council action that gives communities more time to complete mitigation work. The Council, in fact, will continue the program on a more permanent basis to ensure mitigation work continues to prevent clear water from entering the wastewater system and using up needed capacity. The decision to continue the program on an ongoing basis reflects the region's progress to date, as well as a commitment to eliminating excess 1/1 well into the future. We expect regional savings will amount to hundreds of millions of dollars, helping to maintain regional sewer rates that are among the lowest in the country. • The Council approved changes to the 1/1 reduction program on Sept. 8, based on the recommendations of a task force that I appointed last year. The task force included local government staff, Metro Cities and Council Member Wendy Wulff, who served as chair. It was charged with determining how best to implement a "demand charge," beginning in 2013, on those communities that didn't meet 1/1 reduction goals. As originally conceived, the demand charge would have been used to help pay the costs of addressing 1/1 at the regional level and building additional capacity at considerable expense. But the task force recommended, and the Council agreed, that communities need more time to continue their mitigation work. We also concluded that slower growth and less flow means we'll have sufficient capacity for more years than previously anticipated, which gives us more time. I am very pleased with the outcome. Changes to the program create further incentive for voluntary compliance, and impose demand charges only as a last resort and on a case - by -case basis. Specifically, changes to the 1/1 program will: • Continue the 1/1 reduction program indefinitely, recognizing that mitigation at the source is the most cost effective and efficient approach to reducing 1 /1. • Allow some communities to defer some 2011 1/1 reduction work until 2012. • Eliminate a systematic 2013 demand charge and impose a demand charge only • as a last resort on communities that do not implement an effective 1/1 reduction www.r -2166_` cil.org 390 Robert Street North • St. Paul, MN 55101-1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal Opportunity Employer program, or if regulations and /or regulatory permits require Council action to • ensure compliance. The charge, if implemented, would be used to cover the cost of building offline storage to handle excessive peak flows. • Improve the methodology for determining excess 1 /I. To date, communities identified as having excess 1/1 have spent nearly $50 million to reduce 1 /I. The Council estimates we would have to spend closer to $1 billion to expand wastewater collection and treatment capacity to handle excess 1 /I. The success of this program and the considerable savings to taxpayers is the result of the hard work and commitment of metro communities. I also want to thank Council Member Wulff for her work and dedication to this initiative, as well as all those who participated on the task force. We should all feel very good about the savings to the region achieved through the efforts of your communities. If you have any questions about the program or recent changes, I encourage you to contact Bryce Pickart, MCES Assistant General Manager, at 651.602.1091, or Jason Willett, MCES Finance Director, at 651.602.1196. Sincerely, . Jg"J'& Peter Bell, Chair c: City Manager /Administrator • -2167-