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HomeMy Public PortalAbout08.04.2020 Complete City Council Meeting PacketPosted 07/30/2020 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, August 4, 2020 7:00 P.M. Meeting to be held telephonically/virtually pursuant Minn. Stat. Sec. 13D.021 I.CALL TO ORDER II.PLEDGE OF ALLEGIANCE III.ADDITIONS TO THE AGENDA IV.APPROVAL OF MINUTES A. Minutes of the July 21, 2020 Work Session Meeting B. Minutes of the July 21, 2020 Regular Council Meeting V.CONSENT AGENDA A. Approve Labor Agreement between Law Enforcement Labor Services, Inc. and City of Medina B. Appoint Lisa DeMars to Administrative Assistant to Planning and Public Works Position C. Appoint Kaylen Boeddeker to Police Officer Position D. Authorize Recruitment to fill Vacant Community Service Officer Position E. Resolution Accepting Resignation of Kerby Nester from the Planning Commission VI.COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII.OLD BUSINESS A. Hickory Drive Street Improvement Project Levying Special Assessment –Public Hearing 1. Resolution Adopting Assessment Roll for Hickory Drive Street Improvement Project B. Brockton Lane Street Improvement Project Levying Special Assessment –Public Hearing 1. Resolution Adopting Assessment Roll for Brockton Lane Street Improvement Project VIII.CITY ADMINISTRATOR REPORT IX.MAYOR & CITY COUNCIL REPORTS X.APPROVAL TO PAY BILLS XI.ADJOURN Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122 Enter Conference ID: 695 233 512# MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: July 30, 2020 DATE OF MEETING: August 4, 2020 SUBJECT: City Council Meeting Report Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122; Enter Conference ID: 695 233 512# V. CONSENT AGENDA A. Approve Labor Agreement between Law Enforcement Labor Services, Inc. and City of Medina – The Police Union members have tentatively agreed on the updated Labor Agreement between LELS and the City of Medina. A clean version and red-line version of the agreement are included in your packet. Staff recommends approval. See attached agreement. B. Appoint Lisa DeMars to Administrative Assistant to Planning and Public Works Position – Staff has completed the recruitment process to replace the open Administrative Assistant to Planning and Public Works position. Staff recommends the appointment of Lisa DeMars to the position. See attached memo. C. Appoint Kaylen Boeddeker to Police Officer Position – Staff has completed the interview and background process for the hiring of the Police Officer Position. Staff recommends the appointment of Kaylen Boeddeker to the position. See attached memo. D. Authorize Recruitment to fill Vacant Community Service Officer Position – With the appointment of Community Service Officer Kaylen Boeddeker to the Police Officer position, staff is requesting City Council authorization to begin the recruitment process to fill Kaylen’s CSO position. Staff recommends approval. See attached job description. E. Resolution Accepting Resignation of Kerby Nester from the Planning Commission – Planning Commission Kerby Nester has moved out of the City of Medina, which makes her ineligible for service on the Planning Commission. Staff recommends approval of the 2 resolution accepting her resignation. The Planning Commission vacancy is currently being advertised in the August newsletter and on the City’s website. See attached resolution. VII. OLD BUSINESS A. Hickory Drive Street Improvement Project Levying Special Assessment – Public Hearing – The project area is located on Hickory Drive north of Hamel Road and included replacement of the existing bituminous pavement, underlying aggregate base, and the addition of concrete curb from Hamel Road through the new cul-de-sac. The final project cost was $660,670.86 which included the construction cost, costs for legal, engineering, administrative, financing, and the land acquisition for the pond improvements. The estimated project cost contained within the original project feasibility report was $671,500. See attached memo and resolution. Recommended Motion: Motion to adopt resolution adopting assessment roll for Hickory Drive Street Improvement Project B. Brockton Lane Street Improvement Project Levying Special Assessment – Public Hearing – The Brockton Lane sanitary sewer project was completed in 2019 along with the road improvement project. Bolton and Menk’s original projected sewer project cost was $129,002 with an original proposed assessment of $32,000. The project Bids came in under the original budget. The final sanitary sewer cost was $56,196 and the final total to be assessed is $14,049. The assessment amount is less than half of the original estimate. See attached resolution. Recommended Motion: Motion to adopt resolution adopting assessment roll for Brockton Lane Street Improvement Project VIII. CITY ADMINISTRATOR REPORT X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005592E-005607E for $49,621.79 and order check numbers 050468-050526 for $504,111.96, payroll EFT 0510380-0510406 for $50,285.90. INFORMATION PACKET: x Planning Department Update x Police Department Update x Public Works Department Update x Claims List Medina City Council Special Meeting Minutes 1 July 21, 2020 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF JULY 21, 2020 The City Council of Medina, Minnesota met in work session on July 21, 2020 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Martin, Anderson, Albers, DesLauriers, Pederson Members absent: Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi Gallup, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Public Safety Director Jason Nelson, and Planning Director Dusty Finke II. 2021 Budget – General Fund Finance Director Erin Barnhart provided the City Council with an updated draft budget for 2021. The budget includes $36,012 in staff budget cuts and keeps the line items flat per City Council direction. Council requested information on property/liability/auto insurance through the League of Minnesota Cities Insurance Trust (LMCIT). Staff is proposing a 9% insurance increase and will know the renewal amount from LMCIT in March. The City of Medina does receive a dividend back from LMCIT most years. The draft budget includes an increase of $81,112 (payroll increases of approximately $60,000). The 2021 draft budget includes $248,148 in new revenue based on the market value increase of 4.8% experienced in Medina. Medina faces large expenditures for police and fire in the future. The police department will need to replace squad cameras and add body cameras. The cost is in the capital improvement budget (CIP) for $100,000 and will also include a future general fund expense of approximately $10,000 per year for data storage. Chief Nelson also discussed the need to add back the part-time Administrative Assistant in the 2021 budget. The current full-time Administrative Assistant does not have a back-up, has seen an influx in demands and the department is mandated to use a new incident reporting program. The City Council directed staff to include the part-time Administrative Assistant to the 2021 budget. A new records management system will also be needed in the future. The current system is 10 years old and the department may be forced to change to another system. The police department is also requesting the implementation of Lexipol for its department policies soon. The policy system enhances our liability cushion for the police department. Lexipol costs $10,000 to start and then has a yearly fee of approximately $6,300. The majority of the City Council directed staff to include Lexipol in the CIP for 2022. $50,000 was included in the 2021 draft budget as a discussion point for the City Council. The $50,000 would be budgeted to pay expenses in 2021 for a possible fire district model or as a place holder which does not need to be spent. The majority of the City Council Medina City Council Special Meeting Minutes 2 July 21, 2020 directed staff to include the $50,000 in the budget for 2021. The other members of the City Council thought the fire study should be completed before funds are allocated for 2021. Council agreed to bringing a resolution forward to assign $50,000 from reserves as a place holder for future fire expenses. Public Works Director Steve Scherer provided an update on future road projects. Some road projects have been pushed off due to COVID-19. Staff is looking into options for Hackamore Road, including a possible overlay project instead of reconstructing the road at this time. Staff is in the process of reevaluating and reprioritizing roads. Recess Albers made a motion to recess the meeting at 6:59 p.m. and continue the discussion during the 7:00 p.m. City Council Meeting on July 21, 2020. Pederson seconded the motion. Pederson Aye Anderson Aye DesLauriers Aye Albers Aye Martin Aye _________________________ Kathleen Martin, Mayor Attest: ____________________________ Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 1 July 21, 2020 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 21, 2020 3 4 The City Council of Medina, Minnesota met in regular session on July 21, 2020 at 7:00 5 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 Martin stated that due to the ongoing pandemic it is unsafe and unwise to hold public 8 meetings in person and provided information on how the public can participate in this 9 virtual meeting. 10 11 I. ROLL CALL 12 13 Members present: Albers, Anderson, DesLauriers, Martin, and Pederson. 14 15 Members absent: None. 16 17 Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 18 Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 19 Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and 20 Chief of Police Jason Nelson. 21 22 II. PLEDGE OF ALLEGIANCE (7:06 p.m.) 23 24 III. ADDITIONS TO THE AGENDA (7:07 p.m.) 25 Johnson requested to add an item to the agenda, under Old Business, Item B, 26 Continued Preliminary 2021 Budget Discussion. 27 28 Moved by Anderson, seconded by DesLauriers, to approve the agenda as amended. 29 30 A roll call vote was performed: 31 32 Pederson aye 33 Anderson aye 34 DesLauriers aye 35 Albers aye 36 Martin aye 37 38 Motion passed unanimously. 39 40 IV. APPROVAL OF MINUTES (7:08 p.m.) 41 42 A. Approval of the July 7, 2020 Regular City Council Meeting Minutes 43 Martin stated that prior to the meeting, proposed changes were distributed from 44 Anderson. She noted the following additional change. On page eight, line five, it should 45 state, “…and therefore much of the right-of-way dedication would happen….” 46 47 Moved by Martin, seconded by Anderson, to approve the July 7, 2020 regular City 48 Council meeting minutes as amended. 49 50 A roll call vote was performed: 51 Medina City Council Meeting Minutes 2 July 21, 2020 1 Pederson aye 2 Anderson aye 3 DesLauriers aye 4 Albers aye 5 Martin aye 6 7 Motion passed unanimously. 8 9 V. CONSENT AGENDA (7:09 p.m.) 10 11 A. Approve Final Pay Application for the Hickory Drive Street and Utility 12 Improvement Project 13 B. Set Date of Truth in Taxation Meeting for December 1, 2020 14 C. Resolution No. 2020-40 Accepting Donation from Marianne Houlihan of 15 Houlihan Insurance and Financial Services, Inc. 16 D. Approve Agreement for Prosecution Services with Steven Tallen 17 E. Approve Agreement for Assessing Services with Rolf Erickson 18 Moved by Martin, seconded by Pederson, to approve the consent agenda. 19 20 A roll call vote was performed: 21 22 Pederson aye 23 Anderson aye 24 DesLauriers aye 25 Albers aye 26 Martin aye 27 28 Motion passed unanimously. 29 30 VI. COMMENTS (7:11 p.m.) 31 32 A. Comments from Citizens on Items not on the Agenda 33 There were none. 34 35 B. Park Commission 36 Scherer reported that the Park Commission met the previous week to discuss the 37 Lennar Meadowview townhomes. He stated that there is no appetite from the 38 Commission for the interior trails to be public. He stated that the Commission discussed 39 the Hunter Lions Park Concept and provided an update on that process. 40 41 DesLauriers stated that he is excited to see the sketches for Hunter Lions Park. He 42 asked if pickleball has been considered, due to its growing popularity. 43 44 Scherer confirmed that is a desired amenity that was missed in the first concepts 45 provided from the consultant. 46 47 C. Planning Commission 48 Planning Commissioner Galzki reported that the Commission met the previous week to 49 consider a rezoning and preliminary plat for the Lennar townhome development. He 50 noted that there was discussion related to the request along with the Tamarack Drive 51 Medina City Council Meeting Minutes 3 July 21, 2020 Study and how the new road could impact existing landowners as well as how the right-1 of-way would be split. He reported that the Commission recommended approval of the 2 rezoning and preliminary plat request. He stated that the Commission also discussed 3 setback and other requirements for residential accessory structures, noting that the 4 Commission tabled the item with direction to staff to develop a sliding scale, relating 5 accessory structure size to lot size. 6 7 VII. OLD BUSINESS 8 9 A. Tamarack Drive Corridor Visioning Study (7:21 p.m.) 10 Stremel provided an overview of the discussion that occurred at the previous review of 11 the study on May 19th. He noted that Council provided direction on the preferred vision 12 of an undivided roadway with a roundabout for commercial entry. He noted that the final 13 report was included in the packet. He displayed the preferred roadway design, noting 14 that they attempted to minimize the parkway feel as previously directed. 15 16 DesLauriers asked if there was feedback from the School District, or whomever owns 17 that site. 18 19 Stremel stated that he was not aware of any comments. 20 21 Finke stated that staff received an email from Loram, expressing concern with the 22 location of the southern approach and requesting that the approach be moved to the 23 east to limit the amount of land needed from the west. 24 25 Stremel stated that the intersection has been slid as far to the east as possible. He 26 stated that they have attempted to balance the right-of-way needs between the eastern 27 and western sides to the extent possible. He reviewed the options that were reviewed 28 for the commercial access, noting that because of the anticipated level of traffic in this 29 corridor, a roundabout was found to be the best option for intersection control. He 30 highlighted some of the benefits of a roundabout in this location compared to traditional 31 intersection controls. He displayed the remainder of the north and south improvements 32 along with a total potential project costs that include all the improvements. 33 34 Pederson stated that it was mentioned that the southern portion of the project could not 35 be developed until 2025 and asked why the southern portion cost was included then. He 36 asked if MnDOT would move forward with the intersection without both the northern and 37 southern improvements. 38 39 Stremel stated that the intent of including the cost was to include the potential costs for 40 the whole corridor, as that helps to put the scope and cost of improvements into 41 perspective. 42 43 Chuck Rickart, WSB, stated that there would not be an issue with building an 44 intersection, the issue will be with the control of that intersection, which would be based 45 on traffic generation. He stated that when reviewing the traffic projections, 46 approximately 3,500 vehicles per day would be needed to trigger consideration of the 47 signal improvement by MnDOT. 48 49 Stremel stated that noted within the report, the proposed townhome development would 50 not trigger the signal on its own and would only equate to about one third of that need. 51 Medina City Council Meeting Minutes 4 July 21, 2020 1 Martin asked if the estimated costs are just hard costs or whether they include 2 acquisition as well. 3 4 Stremel replied that no right-of-way costs were included, although some costs were 5 included for wetland mitigation. 6 7 Martin asked where the boundaries are for the purposes of the various land uses related 8 to these improvements, specifically whether property and land use boundaries are 9 straddled. 10 11 Stremel identified property lines and different land uses. 12 13 Martin asked if there would then be a risk that the properties could be sold in two 14 parcels, which would not align the cul-de-sac with the property line. 15 16 Stremel stated that with the Lennar development plan submitted, their property would be 17 subdivided, and the proposed split would be identified. He stated that several different 18 iterations were reviewed with different roundabout locations and provided background 19 information on the proposed location for that improvement. 20 21 Martin commented that it would seem that would put the City at risk for a huge land 22 acquisition cost. 23 24 DesLauriers agreed that if that were moved north closest to the purple line, some of 25 those acquisition costs could be eliminated. 26 27 Martin commented that is one of the few commercial/retail pieces left along Highway 55 28 and taking that much from that property would essentially make that piece 29 undevelopable. 30 31 Stremel stated that the roundabout could be moved to the north somewhat. 32 33 Martin commented that the east/west alignment seems to be equal for the property 34 owners. She stated that her concern is with the west and east legs of the roundabout. 35 She asked for information on land use and tax parcels. She stated that if the property to 36 the west side were all owned by one property owner, perhaps they do not care where 37 the roundabout comes into the property. She stated that from her perspective there are 38 two parcels on the west side, that if sold separately, would create unusable land and 39 acquisition costs. 40 41 Pederson stated that he agrees that it should go down the property line to keep the land 42 values at what they should be. 43 44 Martin stated that currently the cost estimates do not include land acquisition costs and it 45 appears as presented, this could cause the City to incur right-of-way costs. 46 47 Stremel reviewed some of the funding considerations, noting that several projects may 48 be completed to accomplish the entire corridor. He stated that many of the 49 improvements would be implemented with adjacent development, along with a potential 50 to implement/fund some of the improvements through special assessments. He stated 51 Medina City Council Meeting Minutes 5 July 21, 2020 that if the Council approves the report, it does not commit the City to spending funds on 1 any of the project elements. 2 3 Pederson referenced the south side and asked if there is enough room for the railroad 4 crossing and intersection. 5 6 Stremel agreed that it is narrow but is not much different than the Arrowhead crossing. 7 He noted that review was only done for an at grade rail crossing. 8 9 Rickart commented that an overpass or underpass in this location would be extremely 10 expensive as the road would need to move and it is physically not possible in this 11 location. He explained how the signal would operate in order to clear an approach prior 12 to a train arriving at the crossing. 13 14 Martin referenced the display that shows the proposed Lennar development and again 15 commented on the right-of-way shown for the different properties and curving of the 16 road. 17 18 Stremel stated that the curve in the road helps to avoid the wetland as much as possible 19 to prevent additional mitigation costs. 20 21 Martin stated that she understands that some of this planning was done based on 22 assumptions of future developments in order to provide a vision for the corridor. She 23 commented that may change as future developments come forward. 24 25 Carol Schimnich, representing the Jubert property, stated that there are only two 26 owners, the Juberts on the east and the Cavanaughs on the west side. 27 28 Martin noted that the Council also received the written comments from the Jubert 29 property prior to the meeting. She noted that Johnson delivered a counterproposal to 30 the concept plan from the Cavanaughs. 31 32 Eric Miller, representing the Cavanaughs, stated in the private development world they 33 desire greater depth on the parcel, which is the highway frontage piece zoned for 34 commercial. He stated that this is a fairly large piece, with both pieces totaling 28 acres. 35 He stated that from their perspective it would make sense to have more depth on the 36 highway frontage side and move the intersection to the north. He stated that will also 37 better align with the property line and provide an opportunity for right-of-way to be 38 shared between the two parcels. He stated that the parcel to the north is a bit of a 39 transitional piece between single-family residential and commercial. He stated that the 40 best commercial developments generate traffic, which requires proper management of 41 that traffic and access. He stated that if there is not proper access to those 42 developments, there would not be good commercial developments. He stated that with 43 thoughtful planning they would move the roundabout north and consider another access 44 to the highway frontage property. He stated that having more depth to the highway 45 frontage property would allow for a variety of commercial uses to develop on that parcel. 46 He stated that they need redundancy in access and roadway in order to provide good 47 access. He referenced the north leg of the roundabout, noting that there was an access 48 from the townhomes going directly to Tamarack Drive. He commented that access will 49 be low volume and therefore they suggest that be redirected to the east leg of the 50 roundabout. He noted that their concept would have minimal impacts to wetlands. He 51 Medina City Council Meeting Minutes 6 July 21, 2020 noted that stormwater improvements will need to be planned for and locations will need 1 to be identified, whether they be regional systems or individual systems. He stated that 2 this design also eliminates the remnant parcels on both sides of the roadway. He stated 3 that their concept also includes phasing for some of the improvements. He noted that a 4 portion of the improvements would need to occur at this time in order to support the 5 Lennar project. He stated that equitable right-of-way allocations are important to all the 6 property owners in the corridor. 7 8 Albers referenced the pond proposed in the southeast corner and asked if that could be 9 in the northwest corner instead. 10 11 Miller confirmed that stormwater facilities could be placed where they are needed and 12 explained that they simply identified the need for a stormwater facility. He stated that 13 with the drainage patterns, a facility on the east side would be preferable. 14 15 Martin appreciated that a lot of retail developers want a full cut access plus a right-16 in/right-out at minimum. She stated that she also agrees that it would make sense to 17 move the access to the north. She commented that the Cavanaugh plan does not seem 18 to be as beneficial to the Jubert property. She stated that she does like the road 19 alignment. 20 21 Miller stated that if he were representing the Juberts, the three quarters access could be 22 a right-in/right-out to the east. He stated that further thought and consideration could be 23 given to the Jubert property in the same way he has provided that to the Cavanaughs. 24 25 Pederson asked how far the roundabout would be from Highway 55. 26 27 Miller replied that the roundabout would be about 650 feet from Highway 55. 28 29 Joe Cavanaugh stated that their goal is to place their property in the best position for 30 future development. He stated that they have spoken with people in the development 31 world that had the same position Miller expressed. He stated that there are different 32 ownerships between the Cavanaugh parcels, with different ages and timelines. 33 34 Finke stated that the City attempted to engage with the property owners and broader 35 community early in the process. He noted that some of this information came through 36 later in the process, along with a pending application, and staff has been working to 37 understand everyone’s interest. He stated that the roundabout ended up further south 38 for some of the reasons Miller talked about related to that site which are supported by 39 additional accesses south of the roundabout towards Highway 55. He stated that the 40 legs off the roundabout would be the first access off the Highway and would 41 accommodate the majority of the left bound traffic without implementing additional turn 42 lanes. He stated that the location is also based on leaving a sufficient amount of space 43 between Highway 55 to allow for stacking. 44 45 Scherer stated that he agrees with Finke, noting that the whole purpose was to limit the 46 accesses closest to Highway 55. He stated that staff has worked hard to make this the 47 best-case scenario. He stated that this is a clean slate and they do not want to create 48 the same problems that exist on other roadways. 49 50 Medina City Council Meeting Minutes 7 July 21, 2020 Martin stated that if the additional access points are removed with the roundabout as the 1 access point, could that roundabout be moved further north to align with the property 2 line. 3 4 Scherer stated that staff spoke today about perhaps slightly moving it and changing the 5 way the westerly finger comes off the roundabout. 6 7 Stremel commented that there is only so far you can go to twist the access points 8 clockwise; it will just start to create tighter curves. He noted that there is some flexibility 9 in twisting those fingers. 10 11 Rickart referenced the first left turn shown on the Cavanaugh proposal, which would split 12 the commercial property and generate a good amount of the anticipated daily trips. He 13 stated that a left turn into that site would not be long enough to accommodate the 14 anticipated que and therefore would backup in the through lane and potentially to 15 Highway 55. He stated that although it would not be ideal, a right-in/right-out would be 16 better than a three-quarter access. He stated that the only way to accommodate the 17 turn lane would be to widen Tamarack all the way to Highway 55. 18 19 Stremel noted that there could also be some time until the roundabout is constructed in a 20 fully developed scenario, under the Cavanaugh proposal. 21 22 Miller commented that the speed in a roundabout is significantly lower as that is meant 23 to be a calming device. He agreed that the three quarters access would need to be 24 studied and proper turn lane lengths would need to be found. He recognized that 25 additional right-of-way may be needed. He believed that the development community 26 would support those options. He stated that if there is not proper access, there will not 27 be a successful commercial development. He recognized that there is a certain level of 28 congestion for a commercial development. 29 30 Finke stated that part of the thought was to push the roundabout as far south as 31 possible. 32 33 Miller commented that it really comes down to depth in order to have flexibility to attract 34 users in the marketplace. He stated that they are attempting to have more depth on the 35 Highway 55 frontage to provide flexibility for development in the future. He stated that 36 pushing that access to the north provides them with that depth. 37 38 Finke stated that he has seen situations with lined roundabouts in commercial settings 39 and asked for details on the spacing of those. 40 41 Rickart replied that having two roundabouts in this corridor would not line up with the 42 property line. He stated that two roundabouts could fit, but there would be significant 43 impacts to the Lennar property. 44 45 Stremel stated that if the roundabout were pushed towards Highway 55, the City would 46 need to show that spacing would not impact the Highway 55 intersection and that 47 queuing would not happen in close proximity to the intersection. 48 49 Martin asked how far the roundabout would need to be from Highway 55 to be 50 acceptable to MnDOT. 51 Medina City Council Meeting Minutes 8 July 21, 2020 1 Rickart stated that it would depend upon the amount of traffic generated from the 2 adjacent properties. He stated that the roundabout could be moved slightly to the south, 3 but not much, perhaps 50 to 75 feet. 4 5 Martin referenced the proposed City plan and asked why the cul-de-sac consumes more 6 of the western parcel than the easterly parcel. 7 8 Stremel stated that is to help avoid the proposed pond on the Lennar parcel. He stated 9 that they have come close to balancing the right-of-way on the approach to Highway 55. 10 He noted that there is more taken on the east in that location, therefore the additional 11 right-of-way in the roundabout balances that out. He confirmed that more right-of-way is 12 being taken from the Jubert side than the Cavanaugh side. 13 14 Paul Tibone, Lennar, stated that he sent Finke an email earlier this week based on the 15 reconfiguration models of the roundabouts proposed by the Cavanaughs. He stated that 16 Lennar has been working with the Juberts since February or March of this year, as well 17 as working with the City. He reviewed the steps they have followed thus far to 18 incorporate comments from staff, the public, the Commissions and Council. He stated 19 that the configuration from the Cavanaughs makes the secondary access point for the 20 Lennar site not possible. He stated that with the Cavanaugh proposal they would lose 21 eight to nine units, which would significantly impact their project that has already been 22 through much of the City processes. He stated that as the parcels develop, the City 23 would gain the necessary right-of-way and therefore it would not matter if the 24 Cavanaugh properties are developed at different times. He noted that they have a 25 preliminary plat that has already gone through the Planning Commission and they 26 support the WSB design as it is proposed by staff. He stated that the Cavanaugh design 27 would place almost all the ponding on the east side, which would further encumber the 28 Jubert property and the preliminary plat they have into the City. 29 30 Martin asked if Lennar is still in a contingency period. 31 32 Tibone replied that they are still within the contingency period. 33 34 Martin asked the amount of right-of-way that would be dedicated along the Tamarack 35 corridor. 36 37 Tibone replied that they would be dedicating their 40 feet, which would be half the 38 roadway. 39 40 Martin thanked everyone for their comments. She stated that the Council is always 41 looking to ensure that its opinion is not slanted towards a proposed development and is 42 instead fair to all the property owners. 43 44 Pederson stated that this is a complicated subject and agreed that the right-of-way 45 should be taken equally amongst each property owner and the stormwater ponds should 46 be divided to the best of the engineer’s ability. He stated that he finds it difficult to make 47 the left-hand turn coming into that property. He asked if the roundabout would serve as 48 it should or whether a traditional intersection should be considered. He also believed 49 that the Council should be careful of splitting properties and devaluing those properties. 50 51 Medina City Council Meeting Minutes 9 July 21, 2020 Albers echoed the comments of Pederson that perhaps instead of a roundabout, two 1 intersections should be created. He stated that option may also be more cost effective. 2 He stated that maximizing the developable value of the land is important from a tax 3 perspective and would not want to see infrastructure hinder that ability. He stated that 4 he would prefer to continue to look at the plan and work with all the property owners to 5 find the best option. He stated that this is the opportunity for the City to do this right and 6 more time should be spent on it. 7 8 Martin asked if Albers believes that City staff should sit down with the adjacent property 9 owners and their engineers to work on the plan. 10 11 Albers confirmed that would be his recommendation. 12 13 DesLauriers stated that he believes that additional work would be needed by all parties 14 to come to some type of agreement. He stated that he likes the roundabout and would 15 like to see it shifted to the north. He stated that he understands that commercial 16 development needs a three quarters access, but it would be challenging to have that 17 traffic crossing the road and could cause accidents. He stated that taking away the 18 Tamarack access to Lennar could be a good thing. 19 20 Anderson echoed the comments of the members thus far in that there are not firm 21 development proposals from the commercial property. He encouraged the parties to sit 22 down with their engineers and City staff to try to find a solution. 23 24 Martin stated that she would assume that the paramount interest is public safety and a 25 close second would be to preserve and enhance land value. She stated that 26 neighboring cities have overengineered road improvements. She commented that 27 having the City work with adjacent property owners can provide benefit. She noted that 28 she does not want to leave remnant parcels. She confirmed the consensus of the 29 Council for additional work to be done. 30 31 Moved by Anderson, seconded by DesLauriers, to direct staff to work with the property 32 owners with the goal of public safety and enhancing land values. 33 34 A roll call vote was performed: 35 36 Pederson aye 37 Anderson aye 38 DesLauriers aye 39 Albers aye 40 Martin aye 41 42 Motion passed unanimously. 43 44 B. Continued Preliminary 2021 Budget Discussion (9:09 p.m.) 45 Martin recognized a member of the public that desired to make a comment. 46 47 Tim Sedabres, 3169 Cyprus Circle S, stated that he attended the public worksession 48 earlier tonight and based on the financials presented in 2018 and 2019 the revenues 49 were above the budgeted projections. He stated that the actual expenses were also 50 above the budgeted amounts. He stated that the City cannot rely on revenues coming in 51 Medina City Council Meeting Minutes 10 July 21, 2020 higher than expected and encouraged the Council to be budget conscious and 1 responsible in its choices throughout the budget process. 2 3 Barnhart stated that she would disagree that the past budgets have been shortfalls, 4 explaining transfers that are made during the year. She stated that revenues are due to 5 growth, permits, and interest. She stated that staff will continue discussions related to 6 the roads in the CIP. She provided details of the utility rate study and reviewed the 7 proposed increases to ensure that there would not be an operating loss. 8 9 Pederson noted that the water rate appears to be going down a half percent, as it has 10 been a three percent increase for the past few years. 11 12 Barnhart confirmed that the rate has been three percent in order to bring that rate to the 13 needed mark. She stated that following the June meeting a request was made for 14 revenue loss scenarios. She stated that three different scenarios were run and noted 15 the available balance in the City’s reserve fund. She noted that if shortages were to 16 occur, there would be additional discussions with the Council. 17 18 Pederson referenced the reserve fund balance that is currently unassigned and asked 19 for details on how those funds could be used if assigned. 20 21 Barnhart explained that the balance in that account is higher than shown because of the 22 funds that have been assigned for different projects or anticipated costs. She noted that 23 those assignments could be changed as well. She stated that the impact of a shortfall 24 would depend upon where the shortfall is coming from, noting that if there was a shortfall 25 in MSA funds, road projects would need to be reviewed and possibly delayed. She 26 noted that the specific situation would be reviewed to determine the appropriate action. 27 She stated that this is a preparedness plan and commented that she does not think it is 28 likely that the City will experience extreme revenue loss. 29 30 Anderson asked for details on the difference between short-term and long-term. 31 32 Barnhart clarified that short-term would be one or two years, whereas long-term would 33 be a longer period of time or permanent change. 34 35 Anderson stated that he shares the concern of Martin related to revenues in 2022. He 36 stated that everyone is living in an economic bubble right now that has been brought 37 about by the stimulus packages that have come from the federal government. He stated 38 that when that ends, there will be very severe recessionary impacts on federal, state, 39 and local governments that he believes will extend into 2022, 2023, and 2024. He 40 stated that in order to make an even more educated assessment of the 2021 budget, he 41 would like to see forecasts for 2022, 2023, and 2024 using the revenue shortfall 42 projections. 43 44 Barnhart stated that she would rather not do that. She stated that she does not disagree 45 with the statements made by Anderson and Martin to that point. She stated that when 46 the housing market fell apart, it took two years for the City to feel that but noted that 47 property tax revenue was not lost. She stated that she does not feel it would be fair for 48 her to say what could be pulled from the budget. She stated that while it is good to be 49 prepared and plan for options, she also believes that they need to see what will happen 50 before they put that amount of staff time into this. 51 Medina City Council Meeting Minutes 11 July 21, 2020 1 Anderson stated that he believes that the potential COVID recession would make the 2 2008 recession pale in comparison. He stated that he is not asking staff to show where 3 departments would have to give things up, but to run the revenue numbers for those 4 years with a five, ten and 15 percent loss and the impact that would have on the 5 budgets. He explained that would allow him to better determine what should occur in 6 2021. 7 8 Johnson stated that the problem that Barnhart would have is that they simply do not 9 know what will happen. He stated that during the past recession staff and the Council 10 sat together to make those policy decisions because they cannot be made in a vacuum. 11 He stated that staff continues to review the budget to determine if shortfalls exist, and if 12 there are, then policy decisions will need to be made to address those issues. 13 14 Pederson agreed with the forecast of Anderson. He stated that he is aware of a Medina 15 business that has failed due to COVID and thinks additional businesses will fail. He 16 believed that forecasting is good. He stated that what Anderson is asking for is not 17 unreasonable. He believed that this would hit the City much harder and the resident 18 input was correct. 19 20 DesLauriers stated that he also agrees with Anderson. He stated that he has spoken 21 with the auditors in the past and asked for a five-year forecast to look at the tax rates for 22 residents. He agreed that 2021, 2022, and 2023 would be helpful in making decisions. 23 He commented that being prepared is a good thing. 24 25 Barnhart stated that she has a ten-year forecast prepared and different figures could be 26 plugged in to review those years. She stated that it is based on estimators and 27 escalators. 28 29 Anderson stated that taking a budget out to 2024 would make sense in this time and 30 would give the discussions in August and September much more clarity about how to 31 proceed in 2021. 32 33 Albers stated that he believes that there is a lower risk in 2021 for revenue loss, but that 34 could be a reality in 2022 or 2023. He explained that if businesses fail or there are more 35 foreclosures, that is when it would begin to hit the City. He agreed that it would make 36 sense to look at the next three or four years for budget purposes. 37 38 Barnhart stated that she could put together those revenue loss projection scenarios for 39 the next few years. 40 41 Anderson recognized that the City has fixed expenses along with bond payments, which 42 are a fixed expense. 43 44 Barnhart stated that she will work on putting together those revenue loss budget 45 projections. She provided additional details on the general fund and the additional 46 revenue that can be captured in 2021 because of growth in the City that is coming onto 47 the books. She asked for direction on how the Council would like to allocate that excess 48 revenue. She reviewed some options suggested by staff that could be discussed by the 49 Council. 50 51 Medina City Council Meeting Minutes 12 July 21, 2020 Martin stated that she is hoping that the City will have an overall revenue of that amount 1 but was cautious of “counting chickens before they hatch”. She stated that she 2 previously spoke to the fire costs and police admin position but would prefer to keep the 3 remainder in reserve. 4 5 Anderson stated that he already provided comments on the fire costs but would support 6 the police admin and placing the remainder in reserves. 7 8 The Council confirmed consensus with that direction. 9 10 Martin stated that she would want to see funds available for fire costs, should the 11 opportunity arise. 12 13 Barnhart stated that there is an option that funds could be designated from the reserves 14 for the fire costs if that opportunity arises, rather than having it as a line item. 15 16 The Council confirmed consensus with that direction. 17 18 Barnhart provided a general overall review of the expenses that would qualify for 19 reimbursement through the CARES Act funding. 20 21 Johnson reviewed the information that will be brought back to the next work session 22 discussion in August. 23 24 VIII. CITY ADMINISTRATOR REPORT (9:49 p.m.) 25 26 A. COVID-19 Discussion on Council Member Request for City Mandate for 27 Mask Wearing 28 Johnson stated that Anderson requested discussion related to a City mandate requiring 29 masks in public. He stated that Batty put together information from other cities that have 30 put in place similar mandates. He stated that there is a press conference scheduled 31 later this week for the Governor to discuss a statewide mask mandate. 32 33 Martin commented that her personal view is that masks should be worn in public places. 34 She asked if there is a sense whether the Governor will enact the statewide mandate. 35 She noted that the statewide mandate would be easier to enforce rather than attempting 36 to defend two different policies. 37 38 Johnson stated that he got the impression that the Governor is going to enact the 39 statewide mandate. 40 41 Anderson stated that his intent was not to bring a resolution in front of the Council 42 tonight but to understand what the process may look like. He commented that Batty did 43 a good job of putting that information together. He stated that given the likelihood that a 44 statewide mandate could be enacted, the City should stand down and wait for the 45 Governor. 46 47 Pederson agreed with those comments and that the City should wait to see what the 48 Governor does. 49 50 Medina City Council Meeting Minutes 13 July 21, 2020 Martin asked if the Council would want staff to draft a resolution if the statewide mandate 1 is not enacted. 2 3 Albers stated that highest concentration of people congregating is at large retailers, 4 which already require masks. He thought that for the City to put a requirement on them 5 to wear masks would be overkill. He stated that he has spoken with neighboring cities 6 that have had similar discussions and they have made the decision not to enact the 7 mandate in their cities. He stated that he personally wears a mask when entering a 8 business. He asked how this would be policed and if that would be a good allocation of 9 public safety resources. 10 11 DesLauriers stated that he agrees with the comments of Albers, especially that he would 12 not want to see the police resources used to police mask issues. He stated that the 13 police department is already struggling to cover vacations and would not want to see the 14 department time spent on enforcement of this issue. 15 16 Pederson agreed that it would not be prudent to have the police force used in that 17 manner. He stated that he would hope that people will wear masks if mandated by the 18 Governor but does not believe it should be a police issue. 19 20 Anderson stated that he recalls Nelson sent out a letter that the police force would not 21 be used to enforce a mandate and rather there is a department at the state that accepts 22 those complaints. 23 24 Johnson confirmed that there was a state department handling those complaints. 25 26 Anderson commented that the issue of taxing the police department would then not be 27 an issue. 28 29 DesLauriers asked what happens to complaints made at the state level. He stated that 30 he would find it hard to believe that it would not impact the police department as 31 someone would need to respond to complaints. 32 33 Nelson stated that the Commission of Public Safety does take the complaints. He stated 34 that the police department does have to respond to mediate the complaints because 35 they turn into arguments and trespassing issues. He stated that creating an ordinance 36 would cause staff time for police and legal. He stated that having a statewide mandate 37 would place the onus on the state rather than Medina. 38 39 Martin confirmed the consensus of the Council to not take any action or plan to take any 40 action and instead wait for the Governor’s direction. She commented that she has been 41 dismayed that many residents are not wearing masks inside local stores or at local 42 parks, as the masks are meant to protect others. She felt that the citizens of Medina 43 could be doing a better job to help minimize the spread of the virus. 44 45 B. Other 46 Johnson asked Nelson to provide an update on the State Police Reform Legislation that 47 was approved the previous night by the legislature. 48 49 Medina City Council Meeting Minutes 14 July 21, 2020 Nelson provided an update on the legislation, noting that Medina has already been 1 following some of those mandates on its own and through its own policies. He noted 2 that additional rules and mandates will come that Medina will need to follow. 3 4 IX. MAYOR & CITY COUNCIL REPORTS (10:06 p.m.) 5 No comments. 6 7 X. APPROVAL TO PAY THE BILLS (10:06 p.m.) 8 Moved by Anderson, seconded by DesLauriers, to approve the bills, EFT 005573E-9 005591EE for $81,780.43, order check numbers 050409-050467 for $778,544.62, and 10 payroll EFT 0510348-0510379 for $51,717.71. 11 12 A roll call vote was performed: 13 14 Pederson aye 15 Anderson aye 16 DesLauriers aye 17 Albers aye 18 Martin aye 19 20 Motion passed unanimously. 21 22 XI. CLOSED SESSION: POLICE UNION CONTRACT PURSUANT TO MINN. 23 STAT. 13D.03 24 Moved by Martin, seconded by Anderson, to adjourn the meeting to closed session for 25 the purpose of discussing police union contract pursuant to Minn. Stat. 13D.03 at 10:09 26 p.m. 27 28 A roll call vote was performed: 29 30 Pederson aye 31 Anderson aye 32 DesLauriers aye 33 Albers aye 34 Martin aye 35 36 Motion passed unanimously. 37 38 The meeting returned to open session at 10:32 p.m. 39 40 XII. ADJOURN 41 Moved by Anderson, seconded by Pederson, to adjourn the meeting at 10:33 p.m. 42 43 A roll call vote was performed: 44 45 Pederson aye 46 Anderson aye 47 DesLauriers aye 48 Albers aye 49 Martin aye 50 51 Medina City Council Meeting Minutes 15 July 21, 2020 Motion passed unanimously. 1 2 3 __________________________________ 4 Kathleen Martin, Mayor 5 Attest: 6 7 ____________________________________ 8 Jodi M. Gallup, City Clerk 9 LABOR AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL #36) AND THE CITY OF MEDINA JANUARY 1, 2021 THROUGH DECEMBER 31, 2021 Agenda Item # 5A 2 TABLE OF CONTENTS ARTICLE 1. PURPOSE OF AGREEMENT ..........................................................................................................................3 ARTICLE 2. RECOGNITION ................................................................................................................................................3 ARTICLE 3. DEFINITIONS ..................................................................................................................................................3 ARTICLE 4. EMPLOYER SECURITY .................................................................................................................................4 ARTICLE 5. EMPLOYER AUTHORITY .............................................................................................................................4 ARTICLE 6. UNION SECURITY ..........................................................................................................................................4 ARTICLE 7. GRIEVANCE PROCEDURE ...........................................................................................................................5 ARTICLE 8. SAVINGS CLAUSE .........................................................................................................................................7 ARTICLE 9. SENIORITY ......................................................................................................................................................7 ARTICLE 10. DISCIPLINE ...................................................................................................................................................8 ARTICLE 11. WORK SCHEDULE .......................................................................................................................................8 ARTICLE 12. HOLIDAY LEAVE .........................................................................................................................................9 ARTICLE 13. VACATION ....................................................................................................................................................9 ARTICLE 14. SICK LEAVE ................................................................................................................................................ 10 ARTICLE 15. INJURY-ON-DUTY LEAVE ....................................................................................................................... 13 ARTICLE 16. DISABILITY LEAVE ................................................................................................................................... 14 ARTICLE 17. FUNERAL LEAVE ....................................................................................................................................... 14 ARTICLE 18. INSURANCE ................................................................................................................................................ 15 ARTICLE 19. HEALTH CLUB MEMBERSHIP ................................................................................................................. 15 ARTICLE 20. UNIFORMS .................................................................................................................................................. 16 ARTICLE 21. WAGES ......................................................................................................................................................... 16 ARTICLE 22. OVERTIME .................................................................................................................................................. 16 ARTICLE 23. COURT TIME ............................................................................................................................................... 17 ARTICLE 24. STANDBY .................................................................................................................................................... 17 ARTICLE 25. CALL BACK TIME ...................................................................................................................................... 17 ARTICLE 26. COMPENSATORY TIME ............................................................................................................................ 17 ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING .................................................................................................. 18 ARTICLE 28. EDUCATION REIMBURSEMENT ............................................................................................................. 18 ARTICLE 29. RESIGNATION ............................................................................................................................................ 18 ARTICLE 30. PART-TIME EMPLOYEES ......................................................................................................................... 18 ARTICLE 31. WAIVER ....................................................................................................................................................... 18 ARTICLE 32. DURATION .................................................................................................................................................. 19 APPENDIX A - WAGES ...................................................................................................................................................... 20 3 ARTICLE 1. PURPOSE OF AGREEMENT 1.1 This AGREEMENT is entered into between the CITY OF MEDINA, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES, INC. (Local #36), hereinafter called LELS. It is the intent and purpose of this AGREEMENT to: 1.1.1. Establish procedures for the resolution of disputes concerning this AGREEMENT's interpretation and/or application; and 1.1.2. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes LELS as the exclusive representative for the following appropriate unit: All sworn law enforcement officers of the City of Medina Police Department whose employment service qualifies them as "public employees" under Minn. Statute. § 179A.03, subd. 14, excluding confidential, supervisory, and all other employees, but excluding any sworn law enforcement officers who are not members of LELS. 2.2 In the event the EMPLOYER and LELS are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue will be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 LELS: Law Enforcement Labor Services, Inc. (Local #36). 3.2 LELS MEMBER: A member of Law Enforcement Labor Services, Inc. (Local #36). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The CITY OF MEDINA POLICE DEPARTMENT. 3.5 EMPLOYER: The CITY OF MEDINA. 3.6 CHIEF: The CHIEF OF POLICE of the MEDINA POLICE DEPARTMENT. 3.7 LELS OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc., (Local #36). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess 4 of the EMPLOYEE's scheduled shift. 3.9 REST BREAKS: Periods during the scheduled shift during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.11 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.12 PROBATIONARY PERIOD: A period of one (1) year from the date of employment or promotion. 3.13 "WILL": The use of the word "will" in this agreement has the same meaning and legal interpretation as the word "shall". ARTICLE 4. EMPLOYER SECURITY 4.1 LELS agrees that during the life of this AGREEMENT, LELS will not cause, encourage, participate in or support any strike, slow-down, or other interruption of or interference with the normal function of the EMPLOYER. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, equipment and uniforms; 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 will remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6. UNION SECURITY 6.1 The EMPLOYER will deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly LELS dues. Such monies will be remitted as directed by LELS. 6.2 LELS 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 5 of any action taken or not taken by the EMPLOYER under the provisions of 6.1. 6.3 LELS may designate EMPLOYEES from the bargaining unit to act as a Steward and an alternate and will inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.4 The EMPLOYER will make space available on the EMPLOYER bulletin board for posting LELS notice(s) and announcements. ARTICLE 7. GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVE. The EMPLOYER will recognize representatives designated by LELS as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. LELS will notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated as provided by 6.3 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE. The processing of grievances is limited by the job duties and responsibilities of the EMPLOYEES and will therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and LELS representative will 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 that the EMPLOYEE and the LELS 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. 7.4 PROCEDURE. Grievances, as defined by Article 7.1, will be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT will, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Chief. The Chief will discuss and give an answer to such Step 1 grievance in writing within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 will be placed in writing by the EMPLOYEE or LELS setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly 6 violated, the remedy requested, and will be appealed to Step 2 within ten (10) calendar days after the Chief’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by LELS within ten (10) calendar days will be considered waived. Step 2. If appealed, the written grievance will be presented to and discussed with the Chief by LELS. A copy of the written grievance will also be mailed by LELS to the Employer's City Administrator. The Chief will give LELS the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such step 2 grievance, and will be appealed to Step 3 within ten (10) calendar days after receipt of the Chief’s final answer in Step 2. A grievance not resolved in Step 2 and not appealed to Step 3 within ten (10) calendar days of receipt of the Chief’s final answer in Step 2 will be considered waived. Step 3. If appealed from Step 2, the written grievance will be presented by LELS and discussed with the Medina City Council. The Medina City Council will give LELS the EMPLOYER's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following receipt of the Medina City Council's final answer in Step 3. Any grievance not appealed in writing to Step 3A by LELS within ten (10) calendar days of receipt of the Medina City Council’s final answer in Step 3 will be considered waived. Step 3A. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 4 of the grievance procedure and either party may, within ten (10) calendar days after completion of such mediation, submit the grievance to arbitration pursuant to Step 4 below. Step 4. A grievance unresolved in Step 3 or Step 3A and appealed to Step 4 by LELS will be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator will be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Bureau of Mediation Services. 7.5 ARBITRATOR'S AUTHORITY. 7.5.1 The arbitrator will have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator will consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and LELS, and will have no authority to make a decision on any issue not so submitted. The arbitrator will be without power to make decisions contrary to, or inconsistent with, or modifying, or varying in any way the 7 application of laws, rules, or regulations having the force and effect of law. The decision will be binding on both the EMPLOYER and LELS and will 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. 7.5.2 The arbitrator's decision will be submitted to the parties in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. 7.5.3 The fees and expenses of the arbitrator's services and proceedings will be borne equally by the EMPLOYER and LELS provided that each party will 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 provided the requesting party pays for the record and provide a copy of the record to the other party without cost. If both parties desire a verbatim record of the proceedings, the cost will be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth in Article 7 above, it will be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof it will 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, LELS 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 LELS in each step. ARTICLE 8. SAVINGS CLAUSE 8.1 This AGREEMENT is subject to applicable Federal and State Law. In the event any provision of this AGREEMENT will 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 provided, such provisions will be voided. All other provisions of this AGREEMENT will continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority will be determined by the EMPLOYEE's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be determined by the CHIEF on the basis of time in grade and time within specific classifications. 9.2 All newly-hired, re-hired, and promoted EMPLOYEES will serve a twelve 12 month 8 probationary period. During the probationary period, a newly-hired or re-hired EMPLOYEE may be discharged, with or without cause, at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned EMPLOYEE may, at the EMPLOYEE's discretion, seek reinstatement to their previous position. The EMPLOYER may, during the probationary period, place a promoted or reassigned EMPLOYEE in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Written notification of lay-off will be by mail (certified/return-receipt requested) or personal delivery no less than two (2) calendar weeks before lay-off is to take effect. EMPLOYEES will have the right to be recalled in the reverse order of lay-off for two consecutive years after lay-off (meaning that the EMPLOYEE with the most seniority will be recalled first). An EMPLOYEE on layoff will have an opportunity to return to work within two years of the time of the lay-off before any new employee is hired. EMPLOYEES on lay-off notified by mail (certified/return-receipt requested) or personal delivery to return to work or given an opportunity to return to work must return within two (2) calendar weeks after notification and if the EMPLOYEE does not return to work, the EMPLOYEE will forfeit all recall rights, unless otherwise agreed to by the parties under the circumstances. EMPLOYEES must be licensed or eligible to be licensed at the time of recall or forfeit any and all rights to return to work. The EMPLOYER will provide an updated list of available classes to laid-off EMPLOYEES upon request. 9.4 Seniority will be the determining criterion for promotion and transfer when all job-related qualifications of EMPLOYEES are equal. ARTICLE 10. DISCIPLINE 10.1 The EMPLOYER will discipline non-probationary EMPLOYEES for just cause only. Discipline will be in one or more of the following forms: a. Oral Reprimand; or b. Written Reprimand; or c. Suspension; or d. Demotion; or e. Discharge. 10.2 Suspensions, demotions, and discharges will be in written form and grievances involving such discipline will be initiated in Step 3 of the grievance procedure. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an EMPLOYEE's personnel file will be read and acknowledged by signature of the EMPLOYEE. EMPLOYEES and LELS will receive a copy of such reprimands and/or notices. 10.4 EMPLOYEES may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 9 ARTICLE 11. WORK SCHEDULE 11.1 The normal work year will be two-thousand eighty (2,080) hours to be accounted for by each EMPLOYEE through: a. Hours worked on assigned shifts; b. Holidays (as defined in Section 12.1 below); c. Training assigned by the EMPLOYER; d. Authorized leave time. 11.2 Nothing contained in this or any other Article will be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES. ARTICLE 12. HOLIDAY LEAVE 12.1 Full-time EMPLOYEES will receive ninety-six (96) hours compensatory holiday hours in the normal work year. Holidays include: New Year's Day Columbus Day Martin Luther King Day Veterans Day Presidents' Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Labor Day One (1) personal holiday 12.2 EMPLOYEES will take holiday time at their request, upon mutual consent of the EMPLOYEE and the EMPLOYER; which consent shall not be unreasonably withheld. 12.3 Compensatory time under Article 12 will be governed by the compensatory time provisions of this Agreement. See Article 26. 12.4 If EMPLOYEES work any of the following eleven (11) holidays at the direction of the EMPLOYER, they will be paid at one and one-half (l ½ ) times their normal rate of pay for those hours worked: New Year's Day Columbus Day Martin Luther King Day Veterans Day Presidents' Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Labor Day 12.5 Overtime hours worked on any of the Holidays listed in 12.4, will be paid at two times the EMPLOYEE’s normal rate of pay. 10 ARTICLE 13. VACATION 13.1 Full-time EMPLOYEES will accrue vacation at the following rate for years of completed continuous service: 13.2 Vacation time may be used at any time after accrual during the year in which the vacation time was earned and at any time before the end of the following calendar year. An EMPLOYEE may carry over up to one hundred twenty (120) hours of earned and unused vacation time to the next calendar year. The maximum vacation hours in an EMPLOYEE’s bank at any given time cannot exceed the total of the carryover amount plus the EMPLOYEE’s current annual vacation time leave accrual. Pay will not be granted in lieu of vacation. Any accrued, unused vacation not eligible for carry over will be lost. 13.3 EMPLOYEES will accrue vacation during the probationary period, but will not be eligible to use accrued vacation until completion of six (6) months of the probationary period. 13.4 EMPLOYEES may take vacation only with specific scheduled permission of the EMPLOYER. 13.5 Vacation period(s) requested for any part of a calendar year will be awarded on the basis of seniority until March 31st of each year. The CHIEF, or assigned designee, will be responsible for scheduling vacations. 13.6 Vacation will be calculated on the basis of actual length of time of the assigned shift. EMPLOYEES using accrued vacation or sick leave will be considered working for the purpose of accumulating additional vacation leave. 13.7 EMPLOYEES voluntarily leaving the service of the EMPLOYER will be compensated for vacation leave accrued and unused. 13.8 The estate of an EMPLOYEE who dies while employed by the EMPLOYER will be compensated for vacation leave accrued and unused. Years of Completed Continuous Service Vacation Days Per Year Vacation Hours Per Year Vacation Hours Per Two Week Pay Period 0 < 5 years 10 days 80 hours 3.08 hours 5 < 10 years 15 days 120 hours 4.62 hours 10 < 11 years 16 days 128 hours 4.92 hours 11 < 12 years 17 days 136 hours 5.23 hours 12 < 13 years 18 days 144 hours 5.54 hours 13 < 14 years 19 days 152 hours 5.85 hours 14 < 20 years 20 days 160 hours 6.15 hours 20+ years 25 days 200 hours 7.70 hours 11 ARTICLE 14. SICK LEAVE 14.1 A full-time EMPLOYEE hired prior to January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked fulltime, until the EMPLOYEE has accumulated seven hundred twenty (720) hours maximum accumulation. Amounts accumulated in excess of seven-hundred twenty (720) hours may be accrued for purposes of payment as specified in Article 14.6. 14.2 Sick leave will be used only when the EMPLOYEE is unable to work during his/her scheduled worktimes under any of the following conditions below: a. When the EMPLOYEE is unable to perform work duties due to the EMPLOYEE’s own illness or disability (including pregnancy). b. For medical, dental or other care provider appointments. c. When the EMPLOYEE has been exposed to a contagious disease of such a nature that his/her presence at the work place could endanger the health of others. d. To care for the EMPLOYEE’s injured or ill children, including, stepchildren, adopted or foster children, adult child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for such reasonable periods as the employee’s attendance may be necessary. e. To take children, or other family members to a medical, dental, or other care provider appointment. f. The EMPLOYEE may use up to 160 hours of sick leave in a calendar year for absences due to an illness of or injury to the employee’s adult child, spouse, domestic partner, domestic partner, sibling, parent, grandparent, stepparent, parent-in-laws (mothers-in-law and fathers-in-law) and grandchildren (includes step-grandchildren, biological, adopted or foster grandchildren). g. The EMPLOYEE is authorized to use sick leave as safety leave for reasonable absences for the EMPLOYEE or the EMPLOYEE’s relatives (employee’s adult child, spouse, sibling, parent, mother-in-law, father-in- law, grandchild, grandparent, or stepparent) who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the EMPLOYEE and the EMPLOYEE’s child, is limited to 160 hours in a calendar year. 14.3 To be eligible for paid sick leave, an EMPLOYEE will notify the Department two (2) hours prior to the starting time of the scheduled shift. Such notice may be waived by the Chief of the EMPLOYEE could not reasonably be expected to comply due to the circumstances of illness or injury. If the EMPLOYEE is absent three (3) consecutive working days or longer, or if the EMPLOYER has reasonable cause to believe that sick leave benefits are not available under this provision, the Chief may request and the EMPLOYEE must provide the statement of a doctor to verify that there is a condition, illness, injury, or circumstance for which benefits are available under this contract which prevents the EMPLOYEE from working. 12 14.4 An EMPLOYEE voluntarily leaving employment, after giving the EMPLOYER proper written notice of termination of employment, who has been employed for four (4) or more years of continuous full-time police service with the EMPLOYER, will be paid for one third (1/3) of his/her accumulated sick leave hours at his/her base rate of pay. 14.5 An EMPLOYEE hired prior to January 1, 2012 voluntarily leaving employment with 20 or more years of service with the EMPLOYER, after giving the EMPLOYER proper written notice of termination of employment will have the following options in regard to accrued sick leave below the seven hundred twenty (720) hour cap: A. Receive payment from the EMPLOYER for one half (½) of all accrued and unused sick leave at his/her base rate of pay; or B. Place an amount equal to any accrued sick leave into the retirement health insurance fund as outlined in Article 14.6. EMPLOYEES choosing to participate in the retirement health insurance program, without exigent circumstances, must provide the EMPLOYER with (90) days advance notice of termination to receive this benefit. 14.6 An EMPLOYEE hired prior to January 1, 2012 may accumulate seven hundred twenty (720) hours of sick leave. For sick leave accumulated in excess of seven hundred twenty (720) hours, the EMPLOYEE will have the following options: A. Bank the hours in a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. All hours placed into the fund will be credited at 100%, and converted to a monetary value by using the EMPLOYEE’s base rate of pay for the year of retirement; or B. Receive payment from the EMPLOYER of the accrued hours at one third (1/3) his/her base rate of pay at the end of the calendar year. 14.7 EMPLOYEES beginning employment with the Medina Police Department after January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked fulltime and shall not bank sick leave over nine hundred sixty (960) hours. An EMPLOYEE leaving voluntarily, with four or more years of service with the city after giving the City fourteen (14) calendar days advance written notice of termination of employment will be paid one third (1/3) at his/her base rate of pay for his/her accumulated and unused sick leave hours. An EMPLOYEE leaving employment voluntarily with twenty (20) or more years of service with the City will have one of the two following options in regard to accrued sick leave: A. After giving the City at least fourteen (14) calendar days’ advance written notice of termination of employment, receive payment from the City for 50% of accrued 13 and unused sick leave at the EMPLOYEE’s base rate of pay at the time of termination; or B. After giving the City at least fourteen (14) calendar days’ advance written notice of termination of employment, place an amount equal to 50% of accrued and unused sick leave at the EMPLOYEE’s base rate of pay at the time of termination into a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. ARTICLE 15. INJURY-ON-DUTY LEAVE 15.1 An EMPLOYEE who is unable to work due to a job-related injury or sickness and who qualifies for Workers' Compensation will be eligible for INJURY-ON-DUTY LEAVE. The EMPLOYER will compensate the EMPLOYEE's full normal salary for the initial waiting period set forth in Minn. Stat. § 176.121. Such compensation by the EMPLOYER will not be deducted from any of the EMPLOYEE's accumulated benefits. In the event Worker's Compensation subsequently provides payment for this waiting period, such payment will be reimbursed to the EMPLOYER in order to avoid double payment to the EMPLOYEE. 15.2 In addition to the provisions Set forth in Article 15.1, an EMPLOYEE found eligible for INJURY-ON-DUTY LEAVE will receive supplementary payments from the EMPLOYER equal to the difference between the total amount of all other EMPLOYER injury related benefits (i.e., Worker's Compensation, pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., after subtraction of Federal and State tax withholding and retirement contributions) for a maximum of ninety (90) consecutive calendar days. Such supplementary payments will not be charged against the EMPLOYEE's accrued sick leave. Thereafter, an EMPLOYEE may elect to be paid such supplementary payments (as defined above) for a benefit not to exceed the EMPLOYEE's maximum hours of accrued vacation and sick leave. 15.3 INJURY-ON-DUTY LEAVE will extend for a maximum of ninety (90) consecutive calendar days following the date of Worker's Compensation eligibility, plus the period of any accrued vacation and sick leave during which the EMPLOYEE elects to be paid supplementary payments as provided in Article 15.2. The EMPLOYER may require the injured EMPLOYEE to be examined by a physician selected by the EMPLOYER in order to determine whether the EMPLOYEE is able to return to work pursuant to the provisions of Article 15.4. 15.4 An EMPLOYEE who elects to supplement INJURY-ON-DUTY payments with accrued sick and vacation leave will continue to accrue benefits until sick and vacation leave are exhausted. Once sick and vacation leave are exhausted, or if the EMPLOYEE has elected not to supplement payments under this Article with accrued sick and vacation leave, no benefits will accrue to an EMPLOYEE when on INJURY-ON-DUTY LEAVE except that the EMPLOYER will continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on INJURY-ON- 14 DUTY LEAVE. ARTICLE 16. DISABILITY LEAVE 16.1 Disability is defined as the inability of an EMPLOYEE to perform substantially all the duties of his/her position. An EMPLOYEE will be entitled to a leave of absence without pay for up to one year if s/he is disabled as a result of a non-work related injury, illness, or disability. The EMPLOYEE must request leave in advance, except in an emergency. The leave will be granted by the EMPLOYER, upon recommendation of the Police Chief. Where leave of absence without pay is granted for disability of any nature, an EMPLOYEE's accrued, unused sick leave must be exhausted prior to requesting and being granted the period of leave of absence. The EMPLOYER may require the opinion of the EMPLOYEE's doctor that the EMPLOYEE is disabled, and may require the EMPLOYEE to be examined by a doctor selected by the EMPLOYER in order to verify the disability. At the end of the leave of absence period, the EMPLOYEE, if able to return to work, will be reinstated to h/h original job, status, and pay, without loss of seniority. The EMPLOYER may require medical certification stating that the EMPLOYEE is to be examined by a doctor selected by the EMPLOYER in order to verify that the EMPLOYEE is fully able to return to work. No benefits will accrue to any EMPLOYEE when on disability leave of absence without pay, except that the City will Continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on disability leave. ARTICLE 17. FUNERAL LEAVE 17.1 Paid funeral leave will be granted, if requested, to all full-time employees for a maximum of five (5) days for death of an employee's spouse, child, father, or mother, and for three (3) days for the death of a brother, sister, grandparent, grandchild, current spouse's mother or father, grandparents of current spouse, siblings of current spouse, spouses of employee siblings, son-in-law, daughter-in-law, step-parent, step-children, step- grandparents, step-grandchildren, step-sister, step-brother, niece, nephew, aunt, uncle, or legal guardian. 17.2 Additional days of funeral leave may be requested to and approved by the City Administrator, taken as needed and charged to accrued sick leave. If sick time is not available, the time may be taken from accrued vacation leave, or as unpaid time, all of which must be approved by the City Administrator. 17.3 Full-time employees may also request up to two (2) days of accrued sick leave for the death of non-immediate related family members (related by blood or marriage) or death of a non-related person. If sick leave is not available, the time may be taken from accrued vacation leave or as unpaid time, all of which must be approved by the City Administrator. 17.4 Notwithstanding the use of time above, full-time and part-time EMPLOYEES may 15 request to use accrued vacation time as funeral leave, which must be approved by the City Administrator. ARTICLE 18. INSURANCE 18.1 The EMPLOYER will contribute 100% of the health insurance premium for full-time employees electing single coverage on any plan. The EMPLOYER will contribute 100% of the health insurance premium up to $1,753.00 per month for family coverage premiums for full-time EMPLOYEES. Any premium in excess of $1,753.00 per month will be split, with the EMPLOYEE paying 50% of the excess until the EMPLOYEE has paid 25% of the total monthly premium for family coverage. Once the EMPLOYEE’S contribution to the family coverage insurance premium reaches the 25 percent level, future premium increases or decreases will be shared between the EMPLOYEE/EMPLOYER at the rate of a 25/75 split. The EMPLOYER will contribute $3,000 toward the EMPLOYEE’S HRA or HSA account. The EMPLOYER will contribute 100% of the premium for full-time employees electing single dental coverage. The EMPLOYER will contribute no less than $122.95 per month for full-time EMPLOYEES selecting family dental coverage. 18.2 The EMPLOYER will provide a life insurance policy for each full-time EMPLOYEE with coverage of $50,000. The full cost of the premium will be paid by the EMPLOYER. 18.3 An EMPLOYEE will have the option to convert accrued sick time to pay the premium for Long Term Disability. The tax on the premium will continue to be taken from the EMPLOYEE's paycheck in order to satisfy the IRS requirements. 18.4 In the event the health insurance provisions of this Agreement fail at any time to meet the requirements of applicable law and its related regulations or cause the EMPLOYER to be subject to a penalty, fine or additional tax liability, LELS and the EMPLOYER will meet promptly to negotiate alternative provisions in good faith. ARTICLE 19. HEALTH CLUB MEMBERSHIP 19.1 An EMPLOYEE will receive up to twenty-five ($25.00) per month toward a health club membership, which will be reimbursed at the end of the year. 16 ARTICLE 20. UNIFORMS 20. 1 The EMPLOYER will provide full-time EMPLOYEES with an annual uniform and safety equipment allowance pursuant to the department policies in the amount of nine hundred dollars ($900). 20.2 The uniform allowance will be paid on a voucher system. The investigator(s) and the drug taskforce member will have the choice to take their uniform allowance in a form of a check at the beginning of the year. This will be a taxed item to comply with the IRS regulations. 20.3 EMPLOYEES may utilize up to one hundred dollars ($100.00) of their clothing allowance per year for the purpose of dry cleaning the EMPLOYER-authorized work uniform. ARTICLE 21. WAGES 21.1 EMPLOYEES will be paid in accordance with the wage schedule attached to this AGREEMENT entitled: APPENDIX “A”. APPENDIX “A” will be considered part of this AGREEMENT. In 2021 EMPLOYEES will receive a 1% COLA increase on January 1st and a 1% COLA increase on July 1st as reflected in the wage schedule in APPENDIX A. If other City employees’ COLA wages are increased more than the percentages shown above in each respective year, APPENDIX A will be increased by the same percentage. ARTICLE 22. OVERTIME 22. 1 EMPLOYEES specifically directed by the EMPLOYER to work in excess of the EMPLOYEE's scheduled shift will be paid at a rate of one and one half (1 ½) times the EMPLOYEE's base rate of pay. 22.2 EMPLOYEES, who at the direction of the EMPLOYER, are scheduled to work more than 2,080 hours in a calendar year will be paid at a rate of one and one-half (1 ½ ) times the EMPLOYEE's base rate of pay. 22.3 EMPLOYEES may switch shifts with other EMPLOYEES with prior approval of the Chief. Shift switching does not qualify an EMPLOYEE for overtime. 22.4 Overtime will be distributed as equally as practicable. 22.5 Overtime refused by EMPLOYEES will be for record purposes under Article 22.4 considered as unpaid overtime worked. 22.6 For the purpose of computing overtime compensation, overtime hours worked will not be pyramided, compounded, or paid twice for the same hours worked. 17 22.7 Overtime will be calculated to the nearest fifteen (15) minutes. 22.8 EMPLOYEES have the obligation to work overtime or call-backs if requested by the EMPLOYER unless unusual circumstances prevent the EMPLOYEE from so working. ARTICLE 23. COURT TIME 23.1 EMPLOYEES who are required to appear in Court during their scheduled off-duty time will receive a minimum of three (3) hour's pay at one and one-half (1 ½) times the EMPLOYEE’s base pay rate. An extension or early report to a regularly-scheduled shift for Court appearance does not qualify the EMPLOYEE for the three (3) hours minimum. ARTICLE 24. STANDBY 24. 1 EMPLOYEES required by the EMPLOYER to standby will be paid for such standby time at the rate of one (1) hour' s pay for each hour on standby. ARTICLE 25. CALL BACK TIME 25. 1 EMPLOYEES who are called to duty during their scheduled off-duty time will receive a minimum of two (2) hour's pay at one and one-half (1 ½) times the EMPLOYEE's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the EMPLOYEE for the two (2) hour's minimum. ARTICLE 26. COMPENSATORY TIME 26.1 In lieu of payment for overtime, holiday leave, call back, court time, or standby time, and with the prior approval of the Chief, EMPLOYEES may elect to take compensatory time, at the applicable rate. 26.2 Compensatory time earned must be taken by the EMPLOYEE as soon as practicable. EMPLOYEES will request compensatory time off and the EMPLOYER will permit EMPLOYEES to use such time off within a reasonable period after the EMPLOYEE makes the request provided such use does not unduly disrupt the operations of the Police Department. Requests for compensatory time off will only be denied when to grant the request would impose an unreasonable burden on the Police Department's ability to provide services of acceptable quality and quantity for the public during the time requested without the use of the EMPLOYEE's services. 26.3 EMPLOYEES who accumulate more than eighty (80) hours of compensatory time in the “bank” of compensatory time will be paid in cash for any time in excess of eighty (80) hours. 18 ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING 27.1 The EMPLOYER shall afford paid time for employees to obtain the Police Officer Standards Training (P.O.S.T.) annually. The EMPLOYER shall pay for training each year, including license fees, tuition, and meals. Meals will be paid up to fifteen dollars ($15.00) for a single training day and up to thirty-five dollars ($35.00) a day if required to stay overnight. ARTICLE 28. EDUCATION REIMBURSEMENT 28.1 The EMPLOYER shall pay EMPLOYEE reimbursement of approved continued education per the City’s Personnel Policies Section 5.80 Continuing Education Program. ARTICLE 29. RESIGNATION 29.1 Any EMPLOYEE wishing to leave municipal service in good standing will file with the supervisor, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation. Failure to comply with this procedure may be considered cause for denying terminal leave benefits. Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the supervisor as a resignation without such benefits. ARTICLE 30. PART-TIME EMPLOYEES 30.1 Part-time EMPLOYEES will receive the same benefits as other part-time City EMPLOYEES as set forth in the City's Personnel Policy. Part-time EMPLOYEES are not eligible for one and one-half (1 ½) times normal pay for holidays worked as set forth in Article 12.4. 30.2 Part-time EMPLOYEES will be compensated at wage rates set forth for part-time EMPLOYEES in the Appendix "A." attached to this AGREEMENT. ARTICLE 31. WAIVER 31.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provision of this AGREEMENT, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the 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 19 LELS each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment 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 of the parties at the time this contract was negotiated or executed. ARTICLE 32. DURATION 32.1 This AGREEMENT will be effective as of January 1, 2021, and will remain in full force and effect until the 31st day of December, 2021. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT indicated below. FOR THE CITY OF MEDINA: LAW ENFORCEMENT LABOR SERVICES, INC. ______________________________ ______________________________ DATE: _______________________ DATE: _______________________ ______________________________ ______________________________ DATE: ________________________ DATE: _______________________ 20 APPENDIX A Al. WAGES EFFECTIVE 1-1-2021 HOURLY RATE: STEP 1 - Start $29.57 STEP 2 - After 1 Year of Continuous Service $32.81 STEP 3 - After 2 Years of Continuous Service $36.02 STEP 4 - After 3 Years of Continuous Service $39.29 EFFECTIVE 7-1-2021 HOURLY RATE: STEP 1 - Start $29.87 STEP 2 - After 1 Year of Continuous Service $33.14 STEP 3 - After 2 Years of Continuous Service $36.38 STEP 4 - After 3 Years of Continuous Service $39.68 A2. Part-time EMPLOYEES will be compensated at a wage rate equal to or greater than Step 1 above. A3. Nothing in Appendix "A" will constrain the EMPLOYER from hiring an EMPLOYEE at any step in the wage schedule. A4. The EMPLOYER will pay Investigators/Drug Task Force Officers an additional two hundred and fifty ($250.00) per month (or give eight hours of compensatory time for every week on call) for officers assigned to these positions. A5. The EMPLOYER will reimburse all full-time EMPLOYEES for travel and meals in accordance with the City’s Travel Policy Section 99.20. A6. The EMPLOYER will pay a designated Field Training Officer (FTO) at a rate of $1.50 per hour in addition to the FTO’s base wage for hours worked as an FTO. LABOR AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL #36) AND THE CITY OF MEDINA JANUARY 1, 2021 THROUGH DECEMBER 31, 2021 2 TABLE OF CONTENTS ARTICLE 1. PURPOSE OF AGREEMENT ..........................................................................................................................3 ARTICLE 2. RECOGNITION ................................................................................................................................................3 ARTICLE 3. DEFINITIONS ..................................................................................................................................................3 ARTICLE 4. EMPLOYER SECURITY .................................................................................................................................4 ARTICLE 5. EMPLOYER AUTHORITY .............................................................................................................................4 ARTICLE 6. UNION SECURITY ..........................................................................................................................................4 ARTICLE 7. GRIEVANCE PROCEDURE ...........................................................................................................................5 ARTICLE 8. SAVINGS CLAUSE .........................................................................................................................................7 ARTICLE 9. SENIORITY ......................................................................................................................................................7 ARTICLE 10. DISCIPLINE ...................................................................................................................................................8 ARTICLE 11. WORK SCHEDULE .......................................................................................................................................8 ARTICLE 12. HOLIDAY LEAVE .........................................................................................................................................9 ARTICLE 13. VACATION ....................................................................................................................................................9 ARTICLE 14. SICK LEAVE ................................................................................................................................................ 10 ARTICLE 15. INJURY-ON-DUTY LEAVE ....................................................................................................................... 13 ARTICLE 16. DISABILITY LEAVE ................................................................................................................................... 14 ARTICLE 17. FUNERAL LEAVE ....................................................................................................................................... 14 ARTICLE 18. INSURANCE ................................................................................................................................................ 15 ARTICLE 19. HEALTH CLUB MEMBERSHIP ................................................................................................................. 15 ARTICLE 20. UNIFORMS .................................................................................................................................................. 16 ARTICLE 21. WAGES ......................................................................................................................................................... 16 ARTICLE 22. OVERTIME .................................................................................................................................................. 16 ARTICLE 23. COURT TIME ............................................................................................................................................... 17 ARTICLE 24. STANDBY .................................................................................................................................................... 17 ARTICLE 25. CALL BACK TIME ...................................................................................................................................... 17 ARTICLE 26. COMPENSATORY TIME ............................................................................................................................ 17 ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING .................................................................................................. 18 ARTICLE 28. EDUCATION REIMBURSEMENT ............................................................................................................. 18 ARTICLE 29. RESIGNATION ............................................................................................................................................ 18 ARTICLE 30. PART-TIME EMPLOYEES ......................................................................................................................... 18 ARTICLE 31. WAIVER ....................................................................................................................................................... 18 ARTICLE 32. DURATION .................................................................................................................................................. 19 APPENDIX A - WAGES ...................................................................................................................................................... 20 3 ARTICLE 1. PURPOSE OF AGREEMENT 1.1 This AGREEMENT is entered into between the CITY OF MEDINA, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES, INC. (Local #36), hereinafter called LELS. It is the intent and purpose of this AGREEMENT to: 1.1.1. Establish procedures for the resolution of disputes concerning this AGREEMENT's interpretation and/or application; and 1.1.2. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes LELS as the exclusive representative for the following appropriate unit: All sworn law enforcement officers of the City of Medina Police Department whose employment service qualifies them as "public employees" under Minn. Statute. § 179A.03, subd. 14, excluding confidential, supervisory, and all other employees, but excluding any sworn law enforcement officers who are not members of LELS. 2.2 In the event the EMPLOYER and LELS are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue will be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 LELS: Law Enforcement Labor Services, Inc. (Local #36). 3.2 LELS MEMBER: A member of Law Enforcement Labor Services, Inc. (Local #36). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The CITY OF MEDINA POLICE DEPARTMENT. 3.5 EMPLOYER: The CITY OF MEDINA. 3.6 CHIEF: The CHIEF OF POLICE of the MEDINA POLICE DEPARTMENT. 3.7 LELS OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc., (Local #36). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess 4 of the EMPLOYEE's scheduled shift. 3.9 REST BREAKS: Periods during the scheduled shift during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the EMPLOYEE remains on continual duty and is responsible for assigned duties. 3.11 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.12 PROBATIONARY PERIOD: A period of one (1) year from the date of employment or promotion. 3.13 "WILL": The use of the word "will" in this agreement has the same meaning and legal interpretation as the word "shall". ARTICLE 4. EMPLOYER SECURITY 4.1 LELS agrees that during the life of this AGREEMENT, LELS will not cause, encourage, participate in or support any strike, slow-down, or other interruption of or interference with the normal function of the EMPLOYER. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, equipment and uniforms; 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 will remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6. UNION SECURITY 6.1 The EMPLOYER will deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly LELS dues. Such monies will be remitted as directed by LELS. 6.2 LELS 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 5 of any action taken or not taken by the EMPLOYER under the provisions of 6.1. 6.3 LELS may designate EMPLOYEES from the bargaining unit to act as a Steward and an alternate and will inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.4 The EMPLOYER will make space available on the EMPLOYER bulletin board for posting LELS notice(s) and announcements. ARTICLE 7. GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVE. The EMPLOYER will recognize representatives designated by LELS as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. LELS will notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated as provided by 6.3 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE. The processing of grievances is limited by the job duties and responsibilities of the EMPLOYEES and will therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and LELS representative will 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 that the EMPLOYEE and the LELS 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. 7.4 PROCEDURE. Grievances, as defined by Article 7.1, will be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT will, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Chief. The Chief will discuss and give an answer to such Step 1 grievance in writing within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 will be placed in writing by the EMPLOYEE or LELS setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly 6 violated, the remedy requested, and will be appealed to Step 2 within ten (10) calendar days after the Chief’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by LELS within ten (10) calendar days will be considered waived. Step 2. If appealed, the written grievance will be presented to and discussed with the Chief by LELS. A copy of the written grievance will also be mailed by LELS to the Employer's City Administrator. The Chief will give LELS the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such step 2 grievance, and will be appealed to Step 3 within ten (10) calendar days after receipt of the Chief’s final answer in Step 2. A grievance not resolved in Step 2 and not appealed to Step 3 within ten (10) calendar days of receipt of the Chief’s final answer in Step 2 will be considered waived. Step 3. If appealed from Step 2, the written grievance will be presented by LELS and discussed with the Medina City Council. The Medina City Council will give LELS the EMPLOYER's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following receipt of the Medina City Council's final answer in Step 3. Any grievance not appealed in writing to Step 3A by LELS within ten (10) calendar days of receipt of the Medina City Council’s final answer in Step 3 will be considered waived. Step 3A. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 4 of the grievance procedure and either party may, within ten (10) calendar days after completion of such mediation, submit the grievance to arbitration pursuant to Step 4 below. Step 4. A grievance unresolved in Step 3 or Step 3A and appealed to Step 4 by LELS will be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator will be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Bureau of Mediation Services. 7.5 ARBITRATOR'S AUTHORITY. 7.5.1 The arbitrator will have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator will consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and LELS, and will have no authority to make a decision on any issue not so submitted. The arbitrator will be without power to make decisions contrary to, or inconsistent with, or modifying, or varying in any way the 7 application of laws, rules, or regulations having the force and effect of law. The decision will be binding on both the EMPLOYER and LELS and will 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. 7.5.2 The arbitrator's decision will be submitted to the parties in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. 7.5.3 The fees and expenses of the arbitrator's services and proceedings will be borne equally by the EMPLOYER and LELS provided that each party will 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 provided the requesting party pays for the record and provide a copy of the record to the other party without cost. If both parties desire a verbatim record of the proceedings, the cost will be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth in Article 7 above, it will be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof it will 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, LELS 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 LELS in each step. ARTICLE 8. SAVINGS CLAUSE 8.1 This AGREEMENT is subject to applicable Federal and State Law. In the event any provision of this AGREEMENT will 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 provided, such provisions will be voided. All other provisions of this AGREEMENT will continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9. SENIORITY 9.1 Seniority will be determined by the EMPLOYEE's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be determined by the CHIEF on the basis of time in grade and time within specific classifications. 9.2 All newly-hired, re-hired, and promoted EMPLOYEES will serve a twelve 12 month 8 probationary period. During the probationary period, a newly-hired or re-hired EMPLOYEE may be discharged, with or without cause, at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned EMPLOYEE may, at the EMPLOYEE's discretion, seek reinstatement to their previous position. The EMPLOYER may, during the probationary period, place a promoted or reassigned EMPLOYEE in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Written notification of lay-off will be by mail (certified/return-receipt requested) or personal delivery no less than two (2) calendar weeks before lay-off is to take effect. EMPLOYEES will have the right to be recalled in the reverse order of lay-off for two consecutive years after lay-off (meaning that the EMPLOYEE with the most seniority will be recalled first). An EMPLOYEE on layoff will have an opportunity to return to work within two years of the time of the lay-off before any new employee is hired. EMPLOYEES on lay-off notified by mail (certified/return-receipt requested) or personal delivery to return to work or given an opportunity to return to work must return within two (2) calendar weeks after notification and if the EMPLOYEE does not return to work, the EMPLOYEE will forfeit all recall rights, unless otherwise agreed to by the parties under the circumstances. EMPLOYEES must be licensed or eligible to be licensed at the time of recall or forfeit any and all rights to return to work. The EMPLOYER will provide an updated list of available classes to laid-off EMPLOYEES upon request. 9.4 Seniority will be the determining criterion for promotion and transfer when all job-related qualifications of EMPLOYEES are equal. ARTICLE 10. DISCIPLINE 10.1 The EMPLOYER will discipline non-probationary EMPLOYEES for just cause only. Discipline will be in one or more of the following forms: a. Oral Reprimand; or b. Written Reprimand; or c. Suspension; or d. Demotion; or e. Discharge. 10.2 Suspensions, demotions, and discharges will be in written form and grievances involving such discipline will be initiated in Step 3 of the grievance procedure. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an EMPLOYEE's personnel file will be read and acknowledged by signature of the EMPLOYEE. EMPLOYEES and LELS will receive a copy of such reprimands and/or notices. 10.4 EMPLOYEES may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 9 ARTICLE 11. WORK SCHEDULE 11.1 The normal work year will be two-thousand eighty (2,080) hours to be accounted for by each EMPLOYEE through: a. Hours worked on assigned shifts; b. Holidays (as defined in Section 12.1 below); c. Training assigned by the EMPLOYER; d. Authorized leave time. 11.2 Nothing contained in this or any other Article will be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES. ARTICLE 12. HOLIDAY LEAVE 12.1 Full-time EMPLOYEES will receive ninety-six (96) hours compensatory holiday hours in the normal work year. Holidays include: New Year's Day Columbus Day Martin Luther King Day Veterans Day Presidents' Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Labor Day One (1) personal holiday 12.2 EMPLOYEES will take holiday time at their request, upon mutual consent of the EMPLOYEE and the EMPLOYER; which consent shall not be unreasonably withheld. 12.3 Compensatory time under Article 12 will be governed by the compensatory time provisions of this Agreement. See Article 26. 12.4 If EMPLOYEES work any of the following eleven (11) holidays at the direction of the EMPLOYER, they will be paid at one and one-half (l ½ ) times their normal rate of pay for those hours worked: New Year's Day Columbus Day Martin Luther King Day Veterans Day Presidents' Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Labor Day 12.5 Overtime hours worked on any of the Holidays listed in 12.4, will be paid at two times the EMPLOYEE’s normal rate of pay. 10 ARTICLE 13. VACATION 13.1 Full-time EMPLOYEES will accrue vacation at the following rate for years of completed continuous service: 13.2 Vacation time may be used at any time after accrual during the year in which the vacation time was earned and at any time before the end of the following calendar year. An EMPLOYEE may carry over up to one hundred twenty (120) hours of earned and unused vacation time to the next calendar year. The maximum vacation hours in an EMPLOYEE’s bank at any given time cannot exceed the total of the carryover amount plus the EMPLOYEE’s current annual vacation time leave accrual. Pay will not be granted in lieu of vacation. Any accrued, unused vacation not eligible for carry over will be lost. 13.3 EMPLOYEES will accrue vacation during the probationary period, but will not be eligible to use accrued vacation until completion of six (6) months of the probationary period. 13.4 EMPLOYEES may take vacation only with specific scheduled permission of the EMPLOYER. 13.5 Vacation period(s) requested for any part of a calendar year will be awarded on the basis of seniority until March 31st of each year. The CHIEF, or assigned designee, will be responsible for scheduling vacations. 13.6 Vacation will be calculated on the basis of actual length of time of the assigned shift. EMPLOYEES using accrued vacation or sick leave will be considered working for the purpose of accumulating additional vacation leave. 13.7 EMPLOYEES voluntarily leaving the service of the EMPLOYER will be compensated for vacation leave accrued and unused. Years of Completed Continuous Service Vacation Days Per Year Vacation Hours Per Year Vacation Hours Per Two Week Pay Period 0 < 5 years 10 days 80 hours 3.08 hours 5 < 10 years 15 days 120 hours 4.62 hours 10 < 11 years 16 days 128 hours 4.92 hours 11 < 12 years 17 days 136 hours 5.23 hours 12 < 13 years 18 days 144 hours 5.54 hours 13 < 14 years 19 days 152 hours 5.85 hours 14 < 20 years 20 days 160 hours 6.15 hours 20+ years 25 days 200 hours 7.70 hours 11 13.8 The estate of an EMPLOYEE who dies while employed by the EMPLOYER will be compensated for vacation leave accrued and unused. ARTICLE 14. SICK LEAVE 14.1 A full-time EMPLOYEE hired prior to January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked fulltime, until the EMPLOYEE has accumulated seven hundred twenty (720) hours maximum accumulation. Amounts accumulated in excess of seven-hundred twenty (720) hours may be accrued for purposes of payment as specified in Article 14.6. 14.2 Sick leave will be used only when the EMPLOYEE is unable to work during his/her scheduled worktimes under any of the following conditions below: a. When the EMPLOYEE is unable to perform work duties due to the EMPLOYEE’s own illness or disability (including pregnancy). b. For medical, dental or other care provider appointments. c. When the EMPLOYEE has been exposed to a contagious disease of such a nature that his/her presence at the work place could endanger the health of others. d. To care for the EMPLOYEE’s injured or ill children, including, stepchildren, adopted or foster children, adult child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for such reasonable periods as the employee’s attendance may be necessary. e. To take children, or other family members to a medical, dental, or other care provider appointment. f. The EMPLOYEE may use up to 160 hours of sick leave in a calendar year for absences due to an illness of or injury to the employee’s adult child, spouse, domestic partner, domestic partner, sibling, parent, grandparent, stepparent, parent-in-laws (mothers-in-law and fathers-in-law) and grandchildren (includes step-grandchildren, biological, adopted or foster grandchildren). g. The EMPLOYEE is authorized to use sick leave as safety leave for reasonable absences for the EMPLOYEE or the EMPLOYEE’s relatives (employee’s adult child, spouse, sibling, parent, mother-in-law, father-in- law, grandchild, grandparent, or stepparent) who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the EMPLOYEE and the EMPLOYEE’s child, is limited to 160 hours in a calendar year. 14.3 To be eligible for paid sick leave, an EMPLOYEE will notify the Department two (2) hours prior to the starting time of the scheduled shift. Such notice may be waived by the Chief of the EMPLOYEE could not reasonably be expected to comply due to the circumstances of illness or injury. If the EMPLOYEE is absent three (3) consecutive working days or longer, or if the EMPLOYER has reasonable cause to believe that sick leave benefits are not available under this provision, the Chief may request and the 12 EMPLOYEE must provide the statement of a doctor to verify that there is a condition, illness, injury, or circumstance for which benefits are available under this contract which prevents the EMPLOYEE from working. 14.4 An EMPLOYEE voluntarily leaving employment, after giving the EMPLOYER proper written notice of termination of employment, who has been employed for four (4) or more years of continuous full-time police service with the EMPLOYER, will be paid for one third (1/3) of his/her accumulated sick leave hours at his/her base rate of pay. 14.5 An EMPLOYEE hired prior to January 1, 2012 voluntarily leaving employment with 20 or more years of service with the EMPLOYER, after giving the EMPLOYER proper written notice of termination of employment will have the following options in regard to accrued sick leave below the seven hundred twenty (720) hour cap: A. Receive payment from the EMPLOYER for one half (½) of all accrued and unused sick leave at his/her base rate of pay; or B. Place an amount equal to any accrued sick leave into the retirement health insurance fund as outlined in Article 14.6. EMPLOYEES choosing to participate in the retirement health insurance program, without exigent circumstances, must provide the EMPLOYER with (90) days advance notice of termination to receive this benefit. 14.6 An EMPLOYEE hired prior to January 1, 2012 may accumulate seven hundred twenty (720) hours of sick leave. For sick leave accumulated in excess of seven hundred twenty (720) hours, the EMPLOYEE will have the following options: A. Bank the hours in a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. All hours placed into the fund will be credited at 100%, and converted to a monetary value by using the EMPLOYEE’s base rate of pay for the year of retirement; or B. Receive payment from the EMPLOYER of the accrued hours at one third (1/3) his/her base rate of pay at the end of the calendar year. 14.7 EMPLOYEES beginning employment with the Medina Police Department after January 1, 2012 will earn sick leave at the rate of eight (8) hours per calendar month worked fulltime and shall not bank sick leave over nine hundred sixty (960) hours. An EMPLOYEE leaving voluntarily, with four or more years of service with the city after giving the City fourteen (14) calendar days advance written notice of termination of employment will be paid one third (1/3) at his/her base rate of pay for his/her accumulated and unused sick leave hours. An EMPLOYEE leaving employment voluntarily with twenty (20) or more years of service with the City will have one of the two following options in regard to accrued sick 13 leave: A. After giving the City at least fourteen (14) calendar days’ advance written notice of termination of employment, receive payment from the City for 50% of accrued and unused sick leave at the EMPLOYEE’s base rate of pay at the time of termination; or B. After giving the City at least fourteen (14) calendar days’ advance written notice of termination of employment, place an amount equal to 50% of accrued and unused sick leave at the EMPLOYEE’s base rate of pay at the time of termination into a fund established by the EMPLOYER for the purpose of retirement health insurance premiums. ARTICLE 15. INJURY-ON-DUTY LEAVE 15.1 An EMPLOYEE who is unable to work due to a job-related injury or sickness and who qualifies for Workers' Compensation will be eligible for INJURY-ON-DUTY LEAVE. The EMPLOYER will compensate the EMPLOYEE's full normal salary for the initial waiting period set forth in Minn. Stat. § 176.121. Such compensation by the EMPLOYER will not be deducted from any of the EMPLOYEE's accumulated benefits. In the event Worker's Compensation subsequently provides payment for this waiting period, such payment will be reimbursed to the EMPLOYER in order to avoid double payment to the EMPLOYEE. 15.2 In addition to the provisions Set forth in Article 15.1, an EMPLOYEE found eligible for INJURY-ON-DUTY LEAVE will receive supplementary payments from the EMPLOYER equal to the difference between the total amount of all other EMPLOYER injury related benefits (i.e., Worker's Compensation, pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., pension disability benefits) and the EMPLOYEE's normal net rate of pay (i.e., after subtraction of Federal and State tax withholding and retirement contributions) for a maximum of ninety (90) consecutive calendar days. Such supplementary payments will not be charged against the EMPLOYEE's accrued sick leave. Thereafter, an EMPLOYEE may elect to be paid such supplementary payments (as defined above) for a benefit not to exceed the EMPLOYEE's maximum hours of accrued vacation and sick leave. 15.3 INJURY-ON-DUTY LEAVE will extend for a maximum of ninety (90) consecutive calendar days following the date of Worker's Compensation eligibility, plus the period of any accrued vacation and sick leave during which the EMPLOYEE elects to be paid supplementary payments as provided in Article 15.2. The EMPLOYER may require the injured EMPLOYEE to be examined by a physician selected by the EMPLOYER in order to determine whether the EMPLOYEE is able to return to work pursuant to the provisions of Article 15.4. 15.4 An EMPLOYEE who elects to supplement INJURY-ON-DUTY payments with accrued sick and vacation leave will continue to accrue benefits until sick and vacation leave are exhausted. Once sick and vacation leave are exhausted, or if the EMPLOYEE has elected not to supplement payments under this Article with accrued sick and vacation leave, no 14 benefits will accrue to an EMPLOYEE when on INJURY-ON-DUTY LEAVE except that the EMPLOYER will continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on INJURY-ON- DUTY LEAVE. ARTICLE 16. DISABILITY LEAVE 16.1 Disability is defined as the inability of an EMPLOYEE to perform substantially all the duties of his/her position. An EMPLOYEE will be entitled to a leave of absence without pay for up to one year if s/he is disabled as a result of a non-work related injury, illness, or disability. The EMPLOYEE must request leave in advance, except in an emergency. The leave will be granted by the EMPLOYER, upon recommendation of the Police Chief. Where leave of absence without pay is granted for disability of any nature, an EMPLOYEE's accrued, unused sick leave must be exhausted prior to requesting and being granted the period of leave of absence. The EMPLOYER may require the opinion of the EMPLOYEE's doctor that the EMPLOYEE is disabled, and may require the EMPLOYEE to be examined by a doctor selected by the EMPLOYER in order to verify the disability. At the end of the leave of absence period, the EMPLOYEE, if able to return to work, will be reinstated to h/h original job, status, and pay, without loss of seniority. The EMPLOYER may require medical certification stating that the EMPLOYEE is to be examined by a doctor selected by the EMPLOYER in order to verify that the EMPLOYEE is fully able to return to work. No benefits will accrue to any EMPLOYEE when on disability leave of absence without pay, except that the City will Continue to contribute to the medical insurance premiums of the EMPLOYEE to the same extent as if the EMPLOYEE was not on disability leave. ARTICLE 17. FUNERAL LEAVE 17.1 Paid funeral leave will be granted, if requested, to all full-time employees for a maximum of five (5) days for death of an employee's spouse, child, father, or mother, and for three (3) days for the death of a brother, sister, grandparent, grandchild, current spouse's mother or father, grandparents of current spouse, siblings of current spouse, spouses of employee siblings, son-in-law, daughter-in-law, step-parent, step-children, step- grandparents, step-grandchildren, step-sister, step-brother, niece, nephew, aunt, uncle, or legal guardian. 17.2 Additional days of funeral leave may be requested to and approved by the City Administrator, taken as needed and charged to accrued sick leave. If sick time is not available, the time may be taken from accrued vacation leave, or as unpaid time, all of which must be approved by the City Administrator. 17.3 Full-time employees may also request up to two (2) days of accrued sick leave for the death of non-immediate related family members (related by blood or marriage) or death of a non-related person. If sick leave is not available, the time may be taken from accrued vacation leave or as unpaid time, all of which must be approved by the City 15 Administrator. 17.4 Notwithstanding the use of time above, full-time and part-time EMPLOYEES may request to use accrued vacation time as funeral leave, which must be approved by the City Administrator. ARTICLE 18. INSURANCE 18.1 The EMPLOYER will contribute 100% of the health insurance premium for full-time employees electing single coverage on any plan. The EMPLOYER will contribute 100% of the health insurance premium up to $1,753.00 per month for family coverage premiums for full-time EMPLOYEES. Any premium in excess of $1,753.00 per month will be split, with the EMPLOYEE paying 50% of the excess until the EMPLOYEE has paid 25% of the total monthly premium for family coverage. Once the EMPLOYEE’S contribution to the family coverage insurance premium reaches the 25 percent level, future premium increases or decreases will be shared between the EMPLOYEE/EMPLOYER at the rate of a 25/75 split. The EMPLOYER will contribute $3,000 toward the EMPLOYEE’S HRA or HSA account. The EMPLOYER will contribute 100% of the premium for full-time employees electing single dental coverage. The EMPLOYER will contribute no less than $122.95 per month for full-time EMPLOYEES selecting family dental coverage. 18.2 The EMPLOYER will provide a life insurance policy for each full-time EMPLOYEE with coverage of $50,000. The full cost of the premium will be paid by the EMPLOYER. 18.3 An EMPLOYEE will have the option to convert accrued sick time to pay the premium for Long Term Disability. The tax on the premium will continue to be taken from the EMPLOYEE's paycheck in order to satisfy the IRS requirements. 18.4 In the event the health insurance provisions of this Agreement fail at any time to meet the requirements of applicable law and its related regulations or cause the EMPLOYER to be subject to a penalty, fine or additional tax liability, LELS and the EMPLOYER will meet promptly to negotiate alternative provisions in good faith. ARTICLE 19. HEALTH CLUB MEMBERSHIP 16 19.1 An EMPLOYEE will receive up to twenty-five ($25.00) per month toward a health club membership, which will be reimbursed at the end of the year. ARTICLE 20. UNIFORMS 20. 1 The EMPLOYER will provide full-time EMPLOYEES with an annual uniform and safety equipment allowance pursuant to the department policies in the amount of nine hundred dollars ($900). 20.2 The uniform allowance will be paid on a voucher system. The investigator(s) and the drug taskforce member will have the choice to take their uniform allowance in a form of a check at the beginning of the year. This will be a taxed item to comply with the IRS regulations. 20.3 EMPLOYEES may utilize up to one hundred dollars ($100.00) of their clothing allowance per year for the purpose of dry cleaning the EMPLOYER-authorized work uniform. ARTICLE 21. WAGES 21.1 EMPLOYEES will be paid in accordance with the wage schedule attached to this AGREEMENT entitled: APPENDIX “A”. APPENDIX “A” will be considered part of this AGREEMENT. In 2021 EMPLOYEES will receive a 1% COLA increase on January 1st and a 1% COLA increase on July 1st as reflected in the wage schedule in APPENDIX A. If other City employees’ COLA wages are increased more than the percentages shown above in each respective year, APPENDIX A will be increased by the same percentage. ARTICLE 22. OVERTIME 22. 1 EMPLOYEES specifically directed by the EMPLOYER to work in excess of the EMPLOYEE's scheduled shift will be paid at a rate of one and one half (1 ½) times the EMPLOYEE's base rate of pay. 22.2 EMPLOYEES, who at the direction of the EMPLOYER, are scheduled to work more than 2,080 hours in a calendar year will be paid at a rate of one and one-half (1 ½ ) times the EMPLOYEE's base rate of pay. 22.3 EMPLOYEES may switch shifts with other EMPLOYEES with prior approval of the Chief. Shift switching does not qualify an EMPLOYEE for overtime. 22.4 Overtime will be distributed as equally as practicable. 17 22.5 Overtime refused by EMPLOYEES will be for record purposes under Article 22.4 considered as unpaid overtime worked. 22.6 For the purpose of computing overtime compensation, overtime hours worked will not be pyramided, compounded, or paid twice for the same hours worked. 22.7 Overtime will be calculated to the nearest fifteen (15) minutes. 22.8 EMPLOYEES have the obligation to work overtime or call-backs if requested by the EMPLOYER unless unusual circumstances prevent the EMPLOYEE from so working. ARTICLE 23. COURT TIME 23.1 EMPLOYEES who are required to appear in Court during their scheduled off-duty time will receive a minimum of three (3) hour's pay at one and one-half (1 ½) times the EMPLOYEE’s base pay rate. An extension or early report to a regularly-scheduled shift for Court appearance does not qualify the EMPLOYEE for the three (3) hours minimum. ARTICLE 24. STANDBY 24. 1 EMPLOYEES required by the EMPLOYER to standby will be paid for such standby time at the rate of one (1) hour' s pay for each hour on standby. ARTICLE 25. CALL BACK TIME 25. 1 EMPLOYEES who are called to duty during their scheduled off-duty time will receive a minimum of two (2) hour's pay at one and one-half (1 ½) times the EMPLOYEE's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the EMPLOYEE for the two (2) hour's minimum. ARTICLE 26. COMPENSATORY TIME 26.1 In lieu of payment for overtime, holiday leave, call back, court time, or standby time, and with the prior approval of the Chief, EMPLOYEES may elect to take compensatory time, at the applicable rate. 26.2 Compensatory time earned must be taken by the EMPLOYEE as soon as practicable. EMPLOYEES will request compensatory time off and the EMPLOYER will permit EMPLOYEES to use such time off within a reasonable period after the EMPLOYEE makes the request provided such use does not unduly disrupt the operations of the Police Department. Requests for compensatory time off will only be denied when to grant the request would impose an unreasonable burden on the Police Department's ability to 18 provide services of acceptable quality and quantity for the public during the time requested without the use of the EMPLOYEE's services. 26.3 EMPLOYEES who accumulate more than eighty (80) hours of compensatory time in the “bank” of compensatory time will be paid in cash for any time in excess of eighty (80) hours. ARTICLE 27. P.O.S.T. LICENSE FEE AND TRAINING 27.1 The EMPLOYER shall afford paid time for employees to obtain the Police Officer Standards Training (P.O.S.T.) annually. The EMPLOYER shall pay for training each year, including license fees, tuition, and meals. Meals will be paid up to fifteen dollars ($15.00) for a single training day and up to thirty-five dollars ($35.00) a day if required to stay overnight. ARTICLE 28. EDUCATION REIMBURSEMENT 28.1 The EMPLOYER shall pay EMPLOYEE reimbursement of approved continued education per the City’s Personnel Policies Section 5.80 Continuing Education Program. ARTICLE 29. RESIGNATION 29.1 Any EMPLOYEE wishing to leave municipal service in good standing will file with the supervisor, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation. Failure to comply with this procedure may be considered cause for denying terminal leave benefits. Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the supervisor as a resignation without such benefits. ARTICLE 30. PART-TIME EMPLOYEES 30.1 Part-time EMPLOYEES will receive the same benefits as other part-time City EMPLOYEES as set forth in the City's Personnel Policy. Part-time EMPLOYEES are not eligible for one and one-half (1 ½) times normal pay for holidays worked as set forth in Article 12.4. 30.2 Part-time EMPLOYEES will be compensated at wage rates set forth for part-time EMPLOYEES in the Appendix "A." attached to this AGREEMENT. ARTICLE 31. WAIVER 31.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provision of this AGREEMENT, are hereby superseded. 19 31.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the 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 LELS each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment 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 of the parties at the time this contract was negotiated or executed. ARTICLE 32. DURATION 32.1 This AGREEMENT will be effective as of January 1, 2021, and will remain in full force and effect until the 31st day of December, 2021. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT indicated below. FOR THE CITY OF MEDINA: LAW ENFORCEMENT LABOR SERVICES, INC. ______________________________ ______________________________ DATE: _______________________ DATE: _______________________ ______________________________ ______________________________ DATE: ________________________ DATE: _______________________ APPENDIX A Al. WAGES EFFECTIVE 1-1-2021 HOURLY RATE: STEP 1 - Start $29.57 STEP 2 - After 1 Year of Continuous Service $32.81 STEP 3 - After 2 Years of Continuous Service $36.02 20 STEP 4 - After 3 Years of Continuous Service $39.29 EFFECTIVE 7-1-2021 HOURLY RATE: STEP 1 - Start $29.87 STEP 2 - After 1 Year of Continuous Service $33.14 STEP 3 - After 2 Years of Continuous Service $36.38 STEP 4 - After 3 Years of Continuous Service $39.68 A2. Part-time EMPLOYEES will be compensated at a wage rate equal to or greater than Step 1 above. A3. Nothing in Appendix "A" will constrain the EMPLOYER from hiring an EMPLOYEE at any step in the wage schedule. A4. The EMPLOYER will pay Investigators/Drug Task Force Officers an additional two hundred and fifty ($250.00) per month (or give eight hours of compensatory time for every week on call) for officers assigned to these positions. A5. The EMPLOYER will reimburse all full-time EMPLOYEES for travel and meals in accordance with the City’s Travel Policy Section 99.20. A6. The EMPLOYER will pay a designated Field Training Officer (FTO) at a rate of $1.50 per hour in addition to the FTO’s base wage for hours worked as an FTO. MEMORANDUM TO: Medina City Council FROM: Jodi Gallup through Scott Johnson, City Administrator DATE OF REPORT: July 27, 2020 DATE OF MEETING: August 4, 2020 SUBJECT: Administrative Assistant to Planning and Public Works Appointment General Background At the June 2, 2020 regular meeting, the City Council accepted the resignation of Administrative Assistant Katrina Jones and authorized the recruitment to fill this position. City staff received 122 applications seeking this position. We conducted email interviews with the top 17 candidates and from there, selected the top 6 candidates for formal interviews with Planning Director Dusty Finke, Public Works Director Steve Scherer, and Assistant City Administrator Jodi Gallup. We completed these interviews on July 15th & 16th. The top two candidates came to City Hall for second interviews on July 20th. Staff conducted reference checks, employment verifications, and a background check on our top candidate, and we feel that we have selected the best overall person for this position. Appointee Background Lisa DeMars has over 20 years of experience in administrative office positions working for AbelConn, LLC and Norstan Communications. She will bring exceptional customer service skills, technology, and organizational skills to our team. Lisa’s co-workers describe her as thorough, detailed, fair, unflappable, smart, kind, team player, assertive and a hard-working problem solver. It is our belief that Lisa DeMars will be a great addition to the City of Medina. Recommendation We recommend City Council approve the hiring of Lisa DeMars to the position of Administrative Assistant to Planning and Public Works, effective August 6, 2020, with a beginning hourly wage (non-exempt) of $26.28/hr. and other benefits to be at the same rate as other non-union employees, in accordance with the City Personnel Policies. A probationary period is recommended for the position of 6-months, starting from the date of hire. Additional wage increase may be considered upon a satisfactory six-month performance review. Agenda Item # 5B MEMORANDUM TO: Mayor and City Council FROM: Public Safety Director Jason Nelson DATE OF REPORT: July 28, 2020 DATE OF MEETING: August 4, 2020 SUBJECT: Police Officer Hiring General Background At the June 2, 2020 regular meeting, the City Council authorized the addition of a police officer that was budgeted for 2019. The position was not filled because of background concerns in late 2019 with a finalist. The City Council gave the authorization to move forward with looking at our two internal Community Service Officer candidates. Patrick Johnson and Kaylen Boeddeker both applied and interviewed with Assistant City Administrator Jodi Gallup, Sergeant Kevin Boecker, Council Member Dino DesLauriers and me. Sergeant Boecker conducted a thorough pre-employment background check that included: reference checks, employment verifications, financial, physical, and psychological exams, on our top candidate. We think that we have selected the best overall person for this position. Appointee Background Kaylen Boeddeker recently graduated from Minneapolis Community and Technical College with an Associates of Applied Science Degree. She also received her law enforcement certificate from Hennepin Technical College. Kaylen has since taken and passed the Police Officers Standards and Training (POST) board test and is eligible to be licensed. Kaylen has been employed as a Community Service Officer for the Medina Police Department since October 2019 and has done an outstanding job. Kaylen is friendly, outgoing, detail orientated, and is eager to become a Medina Police Officer. It is my belief that Kaylen will be a great addition to not only the Medina Police Department but to the entire city. Recommendation We recommend City Council approve the hiring of Kaylen Boeddeker to the position of Police Officer, effective August 5, 2020, with a beginning hourly wage (non-exempt) of $26.04/hr. and other benefits to be at the same rate as other union employees, in accordance with the Law Enforcement Labor Services (LELS) Union Contract and the City Personnel Policies. A probationary period is recommended for the position of 12 months, starting from the date of hire. Agenda Item # 5C Agenda Item # 5D MEDINA POLICE DEPARTMENT 2052 County Road 24 Medina, MN 55340-9790 p: 763-473-9209 f: 763.473.8858 non -emergency: 763.525.6210 MEMORANDUM Emergency 9-1-1 TO: Mayor and City Council FROM: Chief Jason Nelson DATE: July 30, 2020 RE: Filling of the Open CSO Position With the hiring of Community Service Officer (CSO) Kaylen Boeddeker as our next patrol officer, I would request permission to post and recruit for applicants to fill the open CSO position. Attached is the job description for the CSO position. I would ask the Medina City Council for their permission to move forward on the hiring of a part-time CSO to fill the open position. City of Medina Position Description COMMUNITY SERVICE OFFICER City Council Approved: 08.15.2017 Position Title: Community Service Officer Department: Police Department Supervisor’s Title: Patrol Sergeant Pay Grade: $16.00 to $18.00/hour DOQ FLSA Status: NON-EXEMPT Work Status: Part-time, temporary PRIMARY OBJECTIVE OF POSITION To provide a variety of public safety and other municipal services, including, but not limited to, crime prevention, animal control, packet deliveries, equipment maintenance, property control, limited code enforcement, investigation, and follow up on nuisance complaints, and other duties not requiring a sworn police officer. ESSENTIAL FUNCTIONS OF POSITION ƒ Patrols City streets and responds to non-emergency calls assigned. ƒ Works with the City Planning Department to observe, report, and enforce the City’s nuisance ordinance. ƒ Impounds at-large dogs and found dogs. ƒ Assists the public with questions involving community service related topics. ƒ Investigates and writes reports on animal bites, medical emergencies, found property, and other miscellaneous complaints. ƒ Assists the public in the recovery of lost or stolen animals. ƒ Assists in identifying found animals, notifying owners when necessary. ƒ Provides emergency medical assistance and life support as a first responder. ƒ Transports police evidence to appropriate agency for examination. ƒ Assists in squads upkeep; takes the squads in for scheduled maintenance. ƒ Performs housekeeping duties, (ie. garage, booking room, evidence room.) ƒ Performs house checks. ƒ Assists officers with traffic control. ƒ Delivers necessary paperwork to the City attorney's office, Ridgedale Court, and City officials. ƒ Observes and reports violations of the nuisance ordinance. ƒ Performs other duties as assigned. OTHER DUTIES AND RESPONSIBILITIES ƒ Assists with general office duties, typing and filing reports, entering data, and answering phones. ƒ Works with the CJIS and NCIC systems. ƒ Assists the administration as directed. ƒ Assists public at the front window with report request, burn permits, and hunting permits. ƒ Assists with inventory of recovered property. ƒ Maintains the inventory of need forms and equipment. ƒ Maintains business directories for CAD. ƒ Coordinates Crime Prevention programs. ƒ Assists with evidence preparation for court. ƒ Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES ƒ Knowledge of principles, procedures, techniques and equipment of law enforcement. ƒ Knowledge of pertinent Federal, State and local laws, codes and regulations. ƒ Knowledge of City geography. ƒ Skill to handle animal restraint and care techniques. ƒ Skill to keep records and file maintenance systems. ƒ Skill and principles of report preparation. ƒ Ability to work with operational hazards and standard safety practices. ƒ Ability to use methods and techniques in conflict resolution. City of Medina Position Description COMMUNITY SERVICE OFFICER City Council Approved: 08.15.2017 ƒ Ability to maintain physical condition necessary for sitting, standing, or walking for prolonged periods; light to moderately heavy lifting and carrying; may be required to climb, stoop, kneel in performance of the job responsibilities; general manual dexterity; adequate vision, speech, and hearing required; must be able to operate assigned equipment. AUTHORITY: This position is specifically limited to aiding and assisting regular police officers and the administrative staff in the performance of their duties or acting upon the rights as a citizen of the State of Minnesota. By ordinance this position has limited authority to issue citation for certain misdemeanor violations. Conduct and actions are controlled by department policy. FIREARMS: The use of a firearm will be limited to the use of a shotgun for the dispatching of injured or sick animals. Each Community Service Officer will be trained in the use of the shotgun. They will have to qualify and show proficiency annually. MINIMUM REQUIREMENTS ƒ A minimum of 18 years of age. ƒ Enrolled in a post-secondary two or four year criminal justice or law enforcement degree program. ƒ Possess a valid Minnesota Driver's License. ƒ Possess good judgment and common sense. ƒ Must be able to tolerate stress in a multitude of forms, such as taking enforcement action, dealing with anxious and emotional persons. ƒ Work rotating shifts. ƒ First responder training. DESIRABLE QUALIFICATIONS Experience with community service, computer maintenance, working with animals, public relations and public presentations. WORKING CONDITIONS: Combination of outside environment and office environment. Outside environment, exposure to inclement weather conditions. Office environment exposure to computers and working closely with others. Agenda Item # 5E From: J<erbv Nester To: Dusty Finke Subject: Tuesday Date: Wednesday, July 08, 2020 7:32:28 AM Hi Dusty, I wanted to give you a heads up. The Nester family has decided to relocate to Mound. We close on our house 7/31, so this Tuesday will be my last meeting. It has been a pleasure. Thanks, Kerby Resolution No. 2020- August 4, 2020 Member _____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020- RESOLUTION ACCEPTING RESIGNATION OF KERBY NESTER FROM THE PLANNING COMMISSION WHEREAS, on January 1, 2018 the City Council appointed Kerby Nester to the Planning Commission, with a term to expire on December 31, 2020; and WHEREAS, on July 8, 2020, Kerby Nester submitted a letter of resignation from her position on the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that Kerby Nester’s letter of resignation from the Planning Commission is hereby accepted. Dated: August 4, 2020. ______________________________ Kathleen Martin, Mayor ATTEST: _______________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ______ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Jim Stremel, City Engineer DATE: July 29, 2020 MEETING: August 4, 2020 SUBJECT: Hickory Drive Street & Utility Improvement Project – Assessment Hearing Background: On February 19, 2019 the City Council adopted a resolution approving the Hickory Drive Street & Utility Improvement Project plans/specifications and authorizing advertising for bids. Bids were opened in March of 2019 and the project was substantially complete by the fall with minor improvements and punch list items completed this spring. The contractor has completed the work in full and provided the requested closeout documentation including a 2-year warranty bond. The project area is located on Hickory Drive north of Hamel Road and included replacement of the existing bituminous pavement, underlying aggregate base, and the addition of concrete curb from Hamel Road through the new cul-de-sac. The width of the new street is similar to what existed including the area of the cul-de-sac. The old Hickory Drive did not have a storm sewer system and the project included the construction of a storm sewer system to improve drainage and convey runoff to the proposed stormwater pond. The sanitary sewer system was found to be in satisfactory condition, but the old cast-iron watermain system was replaced along with the service connections. The final project cost was $660,670.86 which included the construction cost, costs for legal, engineering, administrative, financing, and the land acquisition for the pond improvements. The estimated project cost contained within the original project feasibility report was $671,500. The project is to be funded through special assessments to the benefiting properties, City street and utility funds. The City received grant funding through the Elm Creek Watershed Management Commission and the Hennepin County Natural Resources Opportunity Grant Program. The final step in the project process is for the City Council to conduct the assessment hearing and consider adopting the assessment roll. City Council Action Requested: Following the Assessment Hearing, consider approving the resolution adopting the Assessment Roll for the Hickory Drive Street & Utility Improvement Project. Agenda Item # 7A Resolution No. 2020-xx August 4, 2020 Member __ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020-xx RESOLUTION ADOPTING ASSESSMENT ROLL FOR HICKORY DRIVE STREET & UTILITY PROJECT WHEREAS, the finance director, with the assistance of the city engineer and public works director, prepared a proposed roll regarding the assessment of benefited properties for a portion of the cost of the Hickory Drive reconstruction project which consisted of a road reconstruction and utility improvements; and WHEREAS, pursuant to notice as required by law, the city council conducted a public hearing on August 4, 2020, with regard to the proposed assessments and heard and passed upon all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. The special assessment shall be payable in equal annual installments extending over a period of 15 years, the first installment to be payable with property taxes in 2021, and shall bear interest at the rate of 3.85% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Any assessment of a property in green acres status will go directly into deferment, accruing interest at a compounded rate. The whole of the assessment on such property may be paid at any time to the city finance director, with interest accrued through December 31 of the year in which such a payment is made. 4. The owner of any property so assessed may, at any time prior to November 15, 2020, pay the whole of the assessment on such property to the city finance director, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days of the adoption of the assessment. Thereafter, any owner may pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Resolution No. 2020-xx August 4, 2020 2 5. The finance director shall forthwith transmit a certified duplicate of this resolution to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Dated: August 4, 2020. Kathleen Martin, Mayor ATTEST: Jodi Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member __ and upon vote being taken thereon, the following voted in favor thereof: - and the following voted against same: - Whereupon said resolution was declared duly passed and adopted. Resolution No. 2020-xx August 4, 2020 3 1 1111823410003 RAYMOND H & SHIRLEY M LUNDE 972 HAMEL RD MEDINA, MN 55340 $17,844.55 2 1111823410004 WESTCREEK PROPERTIES LLC 3575 HICKORY DR MEDINA, MN 55340 $33,659.28 3 1111823410005 KMM LAND DEVELOPMENT LLC 3595 HICKORY DR MEDINA, MN 55340 $30,089.30 4 1111823140014 STEVEN R & MARY J HUGHES 3600 HICKORY DR MEDINA, MN 55340 $77,081.95 5 1111823410006 WESTCREEK PROPERTIES LLC 900 HAMEL RD MEDINA, MN 55340 $54,696.81 $213,371.91 ASSESSMENTMAP ID PID PROPERTY OWNER PROPERTY ADDRESS Resolution No. 2020-xx August 4, 2020 4 Resolution No. 2020-xx August 4, 2020 Member __ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2020-xx RESOLUTION ADOPTING ASSESSMENT ROLL FOR BROCKTON LANE STREET IMPROVEMENT PROJECT WHEREAS, the finance director, with the assistance of Bolton & Menk Inc. and public works director, prepared a proposed roll regarding the assessment of benefited properties for a portion of the cost of the Brockton Lane Street project which consisted of sanitary sewer improvements; and WHEREAS, pursuant to notice as required by law, the city council conducted a public hearing on August 4, 2020, with regard to the proposed assessments and heard and passed upon all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. The special assessment shall be payable in equal annual installments extending over a period of 7 years, the first installment to be payable with property taxes in 2021, and shall bear interest at the rate of 3.85% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Any assessment of a property in green acres status will go directly into deferment, accruing interest at a compounded rate. The whole of the assessment on such property may be paid at any time to the city finance director, with interest accrued through December 31 of the year in which such a payment is made. 4. The owner of any property so assessed may, at any time prior to November 15, 2020, pay the whole of the assessment on such property to the city finance director, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days of the adoption of the assessment. Thereafter, any owner may pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Agenda Item # 7B Resolution No. 2020-xx August 4, 2020 2 5. The finance director shall forthwith transmit a certified duplicate of this resolution to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Dated: August 4, 2020. Kathleen Martin, Mayor ATTEST: Jodi Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member __ and upon vote being taken thereon, the following voted in favor thereof: - and the following voted against same: - Whereupon said resolution was declared duly passed and adopted. Resolution No. 2020-xx August 4, 2020 3 MAP ID PID PROPERTY OWNER PROPERTY ADDRESS ASSESSMENT 1 1211823440003 BLUEMOON PROPERTIES LLC 4685 BROCKTON LANE MEDINA, MN $2,341.55 2 1211823440016 WILLIAM DUPRE 4665 BROCKTON LANE MEDINA, MN $2,341.55 3 1211823440006 JACOB & ERIN OLSEN 4645 BROCKTON LANE MEDINA, MN $2,341.55 5 1211823440008 ROWDY & SHANNON DORWEILER 4625 BROCKTON LANE MEDINA, MN $2,341.55 6 1211823440017 CITY OF MEDINA 3200 MILL DR MEDINA, MN $2,341.55 7 711822320018 CITY OF PLYMOUTH 19045 HAMEL ROAD PLYMOUTH, MN $2,341.55 $14,049.30 Resolution No. 2020-xx August 4, 2020 4 Planning Department Update Page 1 of 2 August 4, 2020 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: July 30, 2020 SUBJ: Planning Department Updates – August 4, 2020 City Council Meeting Land Use Application Review A) Meadow View Townhomes– north of Highway 55, west of CR116 – Lennar has applied for a preliminary plat to develop 125 townhomes on approximately 20 net acres. Staff has conducted a preliminary review and requested additional information. The Planning Commission held a public hearing at the July 14 meeting and recommended approval, conditioned upon the plan incorporating the final Tamarack Drive study information. The item is tentatively scheduled to be presented to Council on August 18. B) Bartzen Septic Variance – 1075 Oak Circle – John and Mary Bartzen have requested a variance from the required 75-foot setback from wetlands to replace an existing noncompliant septic system. It appears the proposed site is the only location which can accommodate a system. A public hearing is scheduled for the August 18 City Council meeting. C) Ditter Subdivision – 2032-2052 Holy Name Drive – Tom and Jim Ditter have requested Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and Interim Use Permit to replat their existing four lots into five lots. A public hearing is scheduled for the August 12 Planning Commission meeting. D) Brugger Home Occupation CUP – 1345 Elsinore Circle – Kayla Brugger has requested a CUP to offer fitness instruction out of her home, in addition to sessions offered in client homes or virtually. A public hearing is scheduled for the August 12 Planning Commission meeting. E) Roehl Preliminary Plat – 1735 Medina Road – The Estate of Robert Roehl has requested a preliminary plat to subdivide 28 acres into two lots. The Planning Commission held a public hearing on May 12 and recommended approval. The City Council granted preliminary plat approval on June 16. Staff will await an application for final plat. F) Cates Ranch Comp Plan Amendment and Rezoning – 2575 and 2590 Cates Ranch Drive – Robert Atkinson has requested a change of the future land use from Future Development Area to Business, a staging plan amendment to 2020, and a rezoning to Business Park. The application is incomplete for review, and the City has requested additional materials. G) OSI Expansion – Arrowhead Drive, north of Highway 55 – Arrowhead Holdings (real estate company for OSI) has requested final plat approval for Cavanaughs Meadowwoods Park 3rd Addn. The City Council granted final plat approval on June 16. The applicant has begun site work and applied for a building permit. Staff is working with the applicant on the conditions of approval to allow issuance of the permit. H) Mark of Excellence Comp Plan Amendment, PUD Concept Plan – east of Mohawk Drive, north of Highway 55 – Mark Smith (Mark of Excellence Homes) has requested a Comp Plan Amendment and PUD Concept Plan for development of 76 twinhomes, 41 single- family, and 32 townhomes on the Roy and Cavanaugh properties. The Council adopted a resolution granting conditional approval and authorizing submission to the Met Council. Planning Department Update Page 2 of 2 August 4, 2020 City Council Meeting The Met Council has authorized the City to put the amendment into effect. Staff will await a preliminary plat application. I) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Jan-Har, LLP (dba Adam’s Pest Control) has requested various approvals for development of a 35,000 s.f. office building, restaurant, and 13,000 s.f. warehouse/repair shop north of Highway 55, west of Willow Drive (PIDs 04-118-23-21-0001 and 04-118-23-24-0001). The Planning Commission held a public hearing at the November 12 and March 10 meetings and recommended approval. The City Council adopted approval documents on March 17. J) Johnson ADU CUP, Hamel Brewery, St. Peter and Paul Cemetery – The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. K) Hamel Haven subdivision – These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plat is recorded. Other Projects A) Tamarack Drive study – The Council reviewed the report on July 21 and directed staff to meet with adjacent property owners to attempt to address concerns which were raised at the end of the process. Staff coordinated a meeting with the owners and believes it is possible to incorporate a number of changes to address the comments. Generally, the concept will be updated to slide the roundabout as far south as possible, providing the opportunity for a second access point further north. B) Long Lake Subwatershed Assessment – staff met with a representative from the DNR related to potential ravine stabilization project within Wolsfeld Woods SNA. Work within a SNA has a number of stringent requirements, even when the project is intended to improve stormwater. Minnehaha Creek is updating its assumptions to meet these requirements to see if a project may be viable. C) City Hall Septic – staff has requested quotes for the construction this fall. TO:Mayor and City Council FROM:Jason Nelson, Director of Public Safety DATE:July 31, 2020 RE: Department Updates This past week we have had our first positive COVID-19 test of an employee with the police department. With this pandemic, we all knew that it was just a matter of time before one of us got the virus or was personally affected. The employee is resting at home and doing ok. We are following the guidelines from MDH for the employees return. The rest of us at the police department continue to be diligent on doing our best to clean before, during and after the shifts, as well as practicing good personal hygiene and social distancing skills. We have not had any issues to-date with the mandated mask order that went into effect on July 25. I have spoken with a few of our larger businesses about their corporate policies to ensure that we are on the same page as far as enforcement goes. Most are operating on the same page that they do not want police enforcement and will call if they have issues if education efforts fail. We continue to interview venders for our body/squad camera solutions. Sergeant Boecker and Officer Hall, along with our IT Specialist Mike Brocco, have been tasked with finding our most affordable solution. I will continue to update the Council on the progress of this important project. CSO Boeddeker has completed all the pre-employment hiring requirements and a memo is attached authorizing to give a conditional job offer to her. We are very excited to have CSO Boeddeker become our departments 11th police officer. Patrol: Patrol Updates 07/15/2020 through 07/27/2020 Patrol Activities – Between the dates of July 1, 2020 through July 14, 2020 our officers issued 33 citations and 62 warnings for various traffic violations. There were 4 property damage accidents reported, 2 personal injury accident, 6 medicals, 7 welfare checks/mental health calls, 6 business alarms, 5 residential alarms, 7 suspicious calls, and 13 assists to other agencies. Mayor and City Council MEMORANDUM On 07/15/2020 Officer took a forgery/fraud report. Victim reported someone had applied for unemployment using his name. There have been several similar reports made over the past few months. On 07/15/2020 around 2346 hours Officer stopped a vehicle for pulling out in front of the squad and nearly causing a collision, speeding, and driving out of the traffic lane. The driver showed signs of being impaired by a controlled substance and was placed under arrest for DWI. A blood sample was obtained by way of a search warrant and charges are pending the results. On 07/16/2020 Officers were dispatched to a reported personal injury accident in the intersection of Highway 55 and County Road 116. Witnesses reported a westbound vehicle ran a red light and struck a second vehicle that was northbound through the intersection on a green light. The driver of the westbound vehicle was cited for multiple offenses. Minor injuries were reported. On 07/17/2020 Officer took a financial transaction card fraud report. Resident reported a business credit card had been used fraudulently incurring nearly $21,000 in fraudulent charges in California. The credit card company reversed the charges and is investigating. On 07/20/2020 Officer was dispatched to a possible prowler in the parking lot of Medina Golf and Country Club. A male was seen getting out of a vehicle and entering parked vehicles in the lot before leaving. A license plate of the suspect vehicle was obtained. It was later learned that nothing was reported taken but a similar theft of wallet was reported from a golf course in Corcoran that may be related. On 07/23/2020 Officers were dispatched to 500 block of Clydesdale Trail on a report of an unconscious employee. Officers arrived to find the patient having a diabetic reaction and was nearly unconscious. North Paramedics arrived and was able to provide first aid to the patient who quickly regained consciousness. On 07/26/2020 Officer was dispatched to a reported personal injury accident in the 1500 block of Homestead Trail. Upon arrival the officer learned that a vehicle had pulled out of a driveway into the path of an oncoming bicyclist. The bicyclist was transported to the hospital with apparently non-life- threatening injuries. Over the past several weeks numerous political signs have been reported stolen or damaged in the southern part of the city (Tamarack, Hunter, Willow Drives). Investigations: It has been a busy month in investigations. Most of the cases assigned to investigations have required either a search warrant or an administrative subpoena. Since mid-June, I have done a total of eight search warrants and eight administrative subpoenas. Investigating a harassment complaint over an online gaming application. Both the victim and suspect are under the age of 10. Investigation is ongoing. Interviewed a suspect involved in an ongoing theft investigation from a business. I am still awaiting some additional documentation before submitting my report to the County Attorney’s office for charging. Completed a background check for City Employment. Covered a Patrol shift for an officer who was on vacation. There are currently (10) cases assigned to investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: July 30, 2020 MEETING: August 4, 2020 SUBJECT: Public Works Update STREETS x Public Works has been evaluating certain streets and finding innovative ways to move them out a few more years on the capital improvement plan (CIP). I will have an updated version for the next budget meeting. x The second sweeping of the Independence Beach neighborhood is complete along with a few other problem areas in the city. x Public Works has been cutting brush along Willow Drive south of County 24. x The gravel streets were graded this past week after we finally got some rain. WATER/SEWER/STORMWATER x Public Works and Badger State inspections are making the final inspections to address any warranty issues with the water tower rehab project. There are a few items on the list to be cleaned up. x Public Works has patched the blacktop over the new culvert on Hunter Drive. x Public Works replaced the Elm Creek culvert under Blackfoot Trail. The culvert was almost completely deteriorated on the bottom side. x Public Works plans to close Holy Name Drive to replace the culvert crossing the street on the south end. This will only be closed for a few hours. Signs are being installed this week to inform the residents of the closure. x Water meters were read this week and bills will be out soon. PARKS/TRAILS x The parks are in great shape and are being used a lot. x We are working on a second version of the Hunter Lions Park redesign. We have made recommendations to our consultant and continue to work towards the best layout. x The tunnel under the R/R bridge in the Town Line area has been delivered. I spoke to the people on site and the plan is to install it sometime in September. PERSONNEL x We received over 120 applications for the administrative assistant vacancy for planning and public works. Interviews were completed and our recommendation is in your packet. ORDER CHECKS JULY 21, 2020 – AUGUST 4, 2020 050468 CASH......................................................................................... $250.00 * Clean-up Day start up cash 050469 BOND TRUST SERVICES CORP ....................................... $101,493.75 050470 CENTERPOINT ENERGY ......................................................... $230.82 050471 COMMERCIAL ASPHALT CO. ............................................... $2,386.92 050472 EHLERS & ASSOC INC .......................................................... $3,575.00 050473 GEFFRE, BECKY ...................................................................... $500.00 050474 PLOTTS, ANA/CORY ................................................................ $250.00 050475 SCHOMMER, DAWN ................................................................. $500.00 050476 SCHWARTZ, BRIAN/KAREN ....................................................... $63.22 050477 WONDERFUL HOME BUILDERS, LLC ................................ $10,000.00 050478 ALL AMERICAN TITLE CO., INC ............................................... $545.51 050479 BRITE, KRISTINA ........................................................................ $54.52 050480 DESLAURIERS, CLAIRE ........................................................... $331.89 050481 FISCHER, SHELLEY/DOUGLAS ............................................... $250.00 050482 HOHENECKER, AMY ................................................................ $250.00 050483 JOHRI, SANDHYA/VIVEK.......................................................... $500.00 050484 MARSH, MARK.......................................................................... $250.00 050485 MET COUNCIL (SAC) ........................................................... $51,688.00 050486 MN DVS ....................................................................................... $14.25 050487 MORTIER, PEGGY .................................................................... $250.00 050488 RYAN COMPANIES ............................................................. $39,330.09 050489 TARGET CORPORATION- TIF PMTS .................................. $63,439.93 050490 MN DEPT OF LABOR/IND(BLDGPERM) ................................ $5,541.36 050491 APPLIED CONCEPTS INC ..................................................... $3,151.00 050492 BEAUDRY OIL & PROPANE .................................................. $3,009.81 050493 CAREFREE SERVICES INC ..................................................... $648.00 050494 CONTEMPORARY IMAGES ........................................................ $92.12 050495 CROW RIVER NEWS .................................................................. $48.95 050496 DESIGNING NATURE, INC. ................................................... $2,312.50 050497 DPC INDUSTRIES INC ........................................................... $2,101.52 050498 EARL F ANDERSEN INC .......................................................... $139.84 050499 ECM PUBLISHERS INC ............................................................ $158.30 050500 GREAT AMERICAN FINANCIAL SERVI .................................... $178.95 050501 H & H SPORTS SHOP, INC. ...................................................... $480.00 050502 HAKANSON ANDERSON ASSOCIATES I ................................ $864.56 050503 HOLIDAY FLEET ....................................................................... $104.00 050504 KAUFMAN SIGN COMPANY .................................................. $7,082.50 050505 KD & COMPANY RECYCLING INC ........................................... $828.17 050506 KENNEDY & GRAVEN CHARTERED .................................. $11,623.75 050507 MN HWY SAFETY & RESEARCH CTR ..................................... $445.00 050508 NAPA OF CORCORAN INC ...................................................... $178.82 050509 OFFICE DEPOT ........................................................................ $774.75 050510 PREMIUM WATERS INC ............................................................. $67.59 050511 RANDYS SANITATION INC ......................................................... $60.00 050512 ROLF ERICKSON ENTERPRISES INC .................................. $9,699.80 050513 RUSSELL SECURITY RESOURCE INC .................................... $185.00 050514 SCHMIDT CURB CO INC ....................................................... $5,375.00 050515 SHI INTERNATIONAL CORP ................................................. $4,792.00 050516 SITEONE LANDSCAPE SUPPLY ................................................ $27.25 050517 STREICHERS INC ..................................................................... $282.89 050518 SUN LIFE FINANCIAL ............................................................ $1,331.91 050519 SYMBOLARTS, LLC .................................................................. $457.50 050520 TEGRETE (CARLSON BLDG) ................................................ $1,566.34 050521 TIME SAVER OFFSITE SEC SVCS IN ...................................... $239.75 050522 TITAN MACHINERY INC ...................................................... $94,001.77 050523 US SOLAR BUSINESS - 3 ...................................................... $7,522.29 050524 VIKING INDUSTRIAL CENTER ................................................... $95.57 050525 WESTSIDE WHOLESALE TIRE .................................................. $81.00 050526 WSB & ASSOCIATES INC.................................................... $62,408.50 Total Checks $504,111.96 ELECTRONIC PAYMENTS JULY 21, 2020 – AUGUST 4, 2020 005592E FURTHER .............................................................................. $1,657.42 005593E PR PERA .............................................................................. $15,696.97 005594E PR FED/FICA ....................................................................... $16,227.38 005595E PR MN Deferred Comp ........................................................... $1,790.00 005596E PR STATE OF MINNESOTA .................................................. $3,590.97 005597E CITY OF MEDINA ........................................................................ $20.00 005598E FRONTIER .................................................................................. $56.91 005599E FARMERS STATE BANK OF HAMEL ......................................... $32.00 005600E MINNESOTA, STATE OF ....................................................... $1,506.00 005601E CIPHER LABORATORIES INC. .............................................. $3,168.00 005602E FURTHER ................................................................................... $33.60 005603E ELAN FINANCIAL SERVICE .................................................. $3,367.26 005604E VALVOLINE FLEET SERVICES ................................................ $162.65 005605E WRIGHT HENN COOP ELEC ASSN ...................................... $2,063.25 005606E FARMERS STATE BANK OF HAMEL ....................................... $150.00 005607E FURTHER ................................................................................... $99.38 Total Electronic Checks $49,621.79 PAYROLL DIRECT DEPOSIT JULY 22, 2020 0510380 BOEDDEKER, KAYLEN ............................................................ $628.35 0510381 JOHNSON, PATRICK M. ........................................................... $633.53 0510382 ALTENDORF, JENNIFER L. ................................................... $1,521.00 0510383 BARNHART, ERIN A. ............................................................. $2,514.01 0510384 BOECKER, KEVIN D. ............................................................. $2,484.51 0510385 CONVERSE, KEITH A. ........................................................... $2,103.44 0510386 DION, DEBRA A. .................................................................... $1,880.14 0510387 ENDE, JOSEPH...................................................................... $1,934.20 0510388 FINKE, DUSTIN D. ................................................................. $2,650.70 0510389 GALLUP, JODI M. ................................................................... $2,119.19 0510390 GLEASON, JOHN M. .............................................................. $2,422.93 0510391 GREGORY, THOMAS ............................................................ $1,950.75 0510392 HALL, DAVID M. ..................................................................... $2,039.87 0510393 HANSON, JUSTIN .................................................................. $1,956.64 0510394 JACOBSON, NICOLE ................................................................ $819.36 0510395 JESSEN, JEREMIAH S. .......................................................... $2,683.37 0510396 JOHNSON, SCOTT T. ............................................................ $2,286.95 0510397 KLAERS, ANNE M. ................................................................. $1,427.40 0510398 LEUER, GREGORY J. ............................................................ $1,857.77 0510399 MCGILL, CHRISTOPHER R. .................................................. $1,505.35 0510400 MCKINLEY, JOSHUA D .......................................................... $2,014.47 0510401 NELSON, JASON ................................................................... $2,531.60 0510402 REINKING, DEREK M ............................................................ $2,329.99 0510403 SCHARF, ANDREW ............................................................... $1,882.66 0510404 SCHERER, STEVEN T. .......................................................... $2,372.91 0510405 SCHNEIDER, BENJAMIN .......................................................... $807.81 0510406 DINGMANN, NATHAN ............................................................... $927.00 Total Payroll Direct Deposit $50,285.90