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HomeMy WebLinkAbout2025-11-24 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 24, 2025 City Hall, Council Chambers Meeting No. 22-25 Pursuant to Minn. Stat. 13D.02, one or more councilmembers may be participating remotely A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. November 10, 2025 City Council Workshop Minutes 2. November 10, 2025 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Resolution of Appreciation for Sue Vento G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of Budgeted Transfers 3. Audit Engagement Agreement with BerganKDV 4. Purchase of Four Marked Squads and One Unmarked Squad 5. Harvest Park Native Seed Garden Amendment to Memorandum of Understanding 6. 2026 SCORE Funding Grant Application 7. Resolution for Reduction of Retainage on Existing Contract, 2024 EAB Mitigation Project, City Project 23-17 H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS 1. Budget Presentation – Information Technology, Public Works, and Community Development Departments J. NEW BUSINESS 1. Church of Pentecost, 1701 Gervais Avenue East a. Conditional Use Permit Resolution b. Design Review Resolution c. Wetland Buffer and Parking Setback Variance Resolution 2. MCC Expenditure Request 3. Collective Bargaining Agreements a. AFSCME (2026-2028) b. IAFF Fire Fighters (2026-2028) c. IAFF Fire Captains (2026-2028) d. LELS Local 173 Police Sergeants (2026-2027) K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:00 P.M. Monday, November 10, 2025 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at6:00 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent C.APPROVAL OF AGENDA Mayor Abrams requested E1 Swearing-in Ceremony be heldbefore D1 YMCA/MCC Discussion. CouncilmemberLeemoved toapprove the agenda asamended. Seconded by CouncilmemberCave Ayes – All The motion passed. D.UNFINISHED BUSINESS 1.YMCA/MCC Discussion This item was moved to the end of meeting. E.NEW BUSINESS 1.Swearing-In Ceremony for Sergeants Connor Salchow and Nicholas Lenertz Public Safety Director Bierdemanaddressed the council and introduced Sergeants Connor Salchow and Nicholas Lenertz. City Clerk Sindt administered the oath before the pinning of their badges. Each sergeant addressed and thanked council and staff. No Action Required. Agenda Item D1 was moved to the end of the agenda. D1 YMCA/MCC Discussion Assistant City Manager Darrow began the discussion. Katie Lowe, Associate Vice President November 10, 2025 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 302 E1 of Operations and Ryan Klingaman, Associate Executive Director of Maplewood YMCA Community Center gave their presentation, answered questions and responded to comments from the council. City Manager Sable provided further information. No Action Required. F.ADJOURNMENT Mayor Abramsadjourned the meetingat6:51p.m. November 10, 2025 Council Manager Workshop Minutes 2 Council Packet Page Number 2 of 302 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 10, 2025 City Hall, Council Chambers Meeting No. 21-25 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:00p.m.byMayor Abrams. Mayor Abrams referred to the swearing-in ceremony of two sergeants held during the workshop as one of the many wonderfulthings happening in Maplewood. B.PLEDGE OF ALLEGIANCE Boy Scout Troop 461 members James Williams, Theo McLaughlin, Connor Reinholz, Jake Henslin and Joe Boros ledthe council in the pledge of allegiance. C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA Consent Agenda item G4 a-d was removed from the agenda. The following items were added to the agenda under Council Presentation: Trash and Recycling Cans CouncilmemberCavemoved to approve the agenda as amended. Seconded by CouncilmemberJuenemanAyes – All The motion passed. E.APPROVAL OF MINUTES 1.October27, 2025 City Council Meeting Minutes F1a Council Calendar Updatewas corrected from “City Manager Sable” to “Assistant City Manager Darrow”. November 10, 2025 City Council Meeting Minutes 1 Council Packet Page Number 3 of 302 E2 Councilmember Leemoved to approve the October27, 2025City Council Meeting Minutes as amended. Seconded by CouncilmemberJuenemannAyes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerSablegave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations Councilmember Juenemann reminded residents to keep trash and recycling cans up on the curb and out of the way of snowplows with the upcoming snow season. 3.Resolution of Appreciation for Sue Vento CouncilmemberLeemoved to table the resolution of appreciation honoring Sue Vento until the distinguished guest can be present. Seconded by Councilmember VillavicencioAyes – All The motion passed G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council.If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Consent Agenda item G4 a-d was removed from the agenda. CouncilmemberCavemoved toapprove agenda items G1-G3 and G5-G7. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 1.Approval of Claims CouncilmemberCavemoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 640,432.24 Checks # 124487 thru # 124546 November 10, 2025 City Council Meeting Minutes 2 Council Packet Page Number 4 of 302 E2 dated 10/28/25 $ 2,139,404.72 Checks # 124547 thru # 124576 dated 11/04/25 $ 491,205.26 Disbursements via debits to checking account dated 10/20/25 thru 11/02/25 $ 3,271,042.22 Total Accounts Payable PAYROLL $ 788,971.25 Payroll Checks and Direct Deposits dated 10/24/25 $ 788,971.25 Total Payroll $ 4,060,013.47 GRAND TOTAL Seconded by Councilmember JuenemannAyes – All The motion passed. 2.ClearGovSubscription Renewal and Service Order Amendent CouncilmemberCavemoved to approve the ClearGov software subscription renewal and Service Order Amendment. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3.Resolution Certifying Delinquent Accounts Receivable, Sewer Service Line Repairs, and Tree Removals CouncilmemberCavemoved toapprove the resolution certifying delinquent accounts receivable, sewer service line repairs, and tree removals to the County Auditor. Resolution 25-10-2442 Resolution Certifying Delinquent Accounts Receivable and Miscellaneous Assessments to the County Auditor RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent accounts, totaling $296,041.21 for collection with the customers property taxes payable in 2026 and subsequent years, as specified, including interest at the appropriate rate on the total amount. Delinquent trash collection bills $138,952.89 November 10, 2025 City Council Meeting Minutes 3 Council Packet Page Number 5 of 302 E2 Delinquent miscellaneous bills $22,141.72 Sewer service line assessments $76,353.73 Tree removal assessments $58,592.87 Seconded by CouncilmemberAyes – All The motion passed. 4.Collective Bargaining Agreements a.AFSCME (2026-2028) b.IAFF Fire Fighters (2026-2028) c.IAFF Fire Captians (2026-2028) d.LELS Local 173 Police Sergeants (2026-2027) This item was removed fromtheagenda. 5.Resolution Approving 2026 Pay Rates for Temporary/Seasonal and Casual Part-Time Employees CouncilmemberCavemoved to approve the resolution for temporary/seasonal and casual part-time employees’ payrates effective January 1, 2026. Resolution 25-10-2443 2026 PAY RATES RESOLUTION TEMPORARY/SEASONAL & CASUAL P/T EMPLOYEES WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Maplewood, Minnesota 1.The following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time employees effective January 1, 2026. Accountant$16.00 - 30.00per hour Accounting Technician$16.00 - 22.00per hour Administrative Assistant$16.00 - 23.00per hour Background Investigator$35.00 - 45.00per hour Building Inspector$16.00 - 35.00per hour CSO$16.00 - 25.00per hour Election Judge$16.00 - 25.00per hour Fire Maintenance Engineer$16.00 18.00per hour Fire/EMS Cadet$16.00 - 25.00per hour Gardener$16.00 - 25.00per hour Intern$16.00 - 25.00per hour IT Technician$16.00 - 20.00per hour Laborer$16.00 - 20.00per hour November 10, 2025 City Council Meeting Minutes 4 Council Packet Page Number 6 of 302 E2 Recreation Worker$16.00 - 30.00per hour 2.This resolution will supersede previous resolutions setting pay rates for these pay classifications; and 3.The City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilmember JuenemannAyes – All The motion passed. 6. T-Mobile Plan Renewal Councilmember Cavemoved to approve the T-Mobile plan renewal. Seconded by Councilmember JuenemannAyes – All The motion passed. 7.Fixed Price Fuel Program for 2026 Contract Fuel Purchases CouncilmemberCavemoved to direct the Mayor and City Manager to authorize the Utility and Fleet Superintendent to enter into a contract with the State of Minnesota Fixed Price Fuel Program for 2026 fuel purchases. Seconded by Councilmember JuenemannAyes – All The motion passed. H.PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. 1.Special Assessment of Abatement Costs, 1830 Howard Street North a.Public Hearing b.ResolutionAdopting Assessment Related to the Cost of Abating Hazardous/Nuisance Conditions Community Development Director Parr gave the staff report. Mayor Abrams opened public hearing. The following people spoke: None Mayor Abrams closed the public hearing. November 10, 2025 City Council Meeting Minutes 5 Council Packet Page Number 7 of 302 E2 Councilmember Juenemann moved to approve the resolution adopting assessment related to the costs of abating the hazardous/nuisance conditions located at 1830 Howard Street North. Councilmember Lee moved a friendly amendment to includethe recommended language from Ramsey County. Seconded by Councilmember CaveAyes – All The friendly amendment passed. Resolution 25-10-2444 RESOLUTIONADOPTINGASSESSMENTRELATEDTO THECOSTSOFABATINGTHEHAZARDOUS/NUISANCECONDITIONS LOCATEDAT1830HOWARDSTREETNORTH WHEREAS, on February 12, 2024, the Maplewood City Council passed Resolution No. 24-02-2288 (the “Resolution”); and WHEREAS, the Resolution established that the vacant single-family dwelling located at 1830 Howard Street North, Maplewood, Minnesota (the “Abandoned Structure”) was hazardous, as defined in Minnesota Statutes, section 463.15, and unsafe, as defined in Minnesota Rules, section 1300.0180; and WHEREAS, the Resolution also established that the exterior of the property located at 1830 Howard Street North, Maplewood, Minnesota was a public nuisance due to the presence of a junk vehicle and the accumulation of other rubbish and debris; and WHEREAS, the Resolution directed staff to finalize and serve an abatement order (the “Order for Abatement”) on the owner of the subject property pursuant to Minnesota Statutes, chapter 463 and Maplewood City Code, chapter 18; and WHEREAS, by Order dated September 3, 2024 (the “Court Order”), which granted the City’s motion for default judgment, the District Court determined that the Order for Abatement met all statutory requirements and was properly served on all interested parties; and WHEREAS, in the Court Order, the Court expressly authorized the City and its contractors to enter onto the subject property pursuant to state and local law to enforce the Order for Abatement by razing the Abandoned Structure, removing and disposing of all personal property, and restoring the subject property to a safe and vacant condition, and that the City’s costs in doing so may be recovered by the City in accordance with Minnesota Statutes, section 463.21 and Maplewood City Code, section 18-37; and WHEREAS, subsequently, the City’s contractor, Goodmanson Construction, Inc. (the “Contractor”), entered onto the subject property and razed and removed the Abandoned Structure pursuant to the authority granted in the Court Order (the “Abatement Work”) and WHEREAS, the Cityis in receipt of invoices related to the Abatement Work from the Contractor and associated utility providers, which included the demolition and removal of the November 10, 2025 City Council Meeting Minutes 6 Council Packet Page Number 8 of 302 E2 Abandoned Structure and all necessary site restoration work, and the City has paid such invoices; and WHEREAS, Minnesota Statutes, section 463.21 and Maplewood City Code, section 18-37authorize the City to recover those costs by means of a special assessment against the subject property in the manner provided by Minnesota Statutes, section 429.061 to 429.081; and WHEREAS, pursuant to proper notice duly given as required by law and in accordance with Minnesota Statutes, chapters 429 and 463, along with Maplewood City Code, chapter 18, the City Council has met, heard, and passed upon all objections to the proposed assessment against the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, AS FOLLOWS: 1. The proposed assessment roll, a copy of which is attached hereto as Exhibit A and made a part hereof, is reasonable and is hereby accepted and shall constitute the special assessment against the subject property specified therein. Not only is such assessment reasonable, but the subject property is hereby found to be benefited by the associated work in the amount of the assessment levied against it. 2. The owner of the property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment at the rate of 5.5 percent per annum from the date of the adoption of the resolution, to the city, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 3. If the assessment is not paid in full within 30 days of the date of this resolution, the city clerk is directed to transmit a certified duplicate of this assessment to the county auditor to be extended on the Pay 2026 property tax list of the county. The assessment shall be collected and paid over in the same manner as other municipal taxes. Such assessment shall be payable in one installment and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of this assessment resolution until December 31, 2026. EXHIBIT A Assessment Roll for the Abatement of the Hazardous/Nuisance Conditions Located at 1830 Howard Street North, Maplewood, Ramsey County, Minnesota ASSESSMENT ROLL Project:Number of Years: Hazardous/Nuisance Property 1 Abatement at 1830 Howard St N st 1Assessed Year:Interest Rate: 20265.5% November 10, 2025 City Council Meeting Minutes 7 Council Packet Page Number 9 of 302 E2 Property Property Assessment PID # Owner(s)AddressAmount Karen M 1830 Howard 142922410021$41,656.65 HaraldsenSt N Seconded by CouncilmemberCaveAyes – All The motion passed. I.UNFINISHED BUSINESS 1.Budget Presentation – PoliceDepartment Public Safety Director Bierdeman gave the presentation. Council shared comments and asked questions. City Manager Sable provided additionalreflections. No action required. 2.Award of 2026 Charitable Gambling Funds City Manager Sable gave the staff report. CouncilmemberJuenemann moved to approve the proposed charitable gambling awards for 2026as listed. Recommended Organization Award Environment & Natural Resources and Safety Programs Church of the Presentation of the Blessed Virgin Mary$ 6,867.20 Friends of Maplewood Nature Center $ 7,300.00 Justice Allan Page Elementary School$ 5,832.80 Total:$ 20,000.00 Social Supports and Senior Citizen Services Common Bond Communities $ 5,000.00 Gladstone Senior Program$ 5,000.00 Maplewood Monarchs Special Olympics Delegation$ 2,000.00 Merrick Community Services$ 2,900.00 Twin Cities Pet Rescue$ 2,853.80 Woodland Hills Church -The Corner Shelf$ 2,246.20 Total:$ 20,000.00 Youth Programs and Community Engagement & Events Cross Lutheran Church$ 2,800.00 November 10, 2025 City Council Meeting Minutes 8 Council Packet Page Number 10 of 302 E2 Hmong Tuj Lub Association, INC$ 3,000.00 Karen Football Association$ 1,700.00 Maplewood Area Historical Society$ 1,600.00 Path of Grace UMC$ 1,900.00 Phillipine Center of MN$ 2,600.00 The Salvation Army Lakewood$ 6,400.00 Total:$ 20,000.00 Seconded by Councilmember LeeAyes – All The motion passed. J.NEW BUSINESS 1.On-Sale Intoxicating Liquor and Sunday Sales License for Taco Shop Maplewood LLC, dba The Taco Shop Maplewood, 1275 County Road D East City Clerk Sindtgave the staff report.Inti Martinez-Aleman, legal counsel with Angel Ruleas Castellano, owner of The Taco Shop Maplewood,addressed council and provided additional information. Councilmember Cave moved to approve the On-Sale Intoxicating Liquor and Sunday Sales License for Taco Shop Maplewood LLC, dba The Taco Shop Maplewood, 1275 County Road D East, Suite 105. Seconded by Councilmember Villavicencio Ayes – All The motion passed. 2.Design Review and Parking Waiver Resolution, Seven Brews Coffee, 2982 White Bear Avenue North Community Development Director Parr gave the presentation. Andrew Commers, Maple Branch, LLC, addressed council and shared additional comments. CouncilmemberLeemoved toapprove adesign review and parking waiver resolution for a drive-thru coffee stand at 2982 White Bear Avenue North, subject to certain conditions of approval. Resolution 25-10-2445 DESIGN REVIEW AND PARKING WAIVER RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. November 10, 2025 City Council Meeting Minutes 9 Council Packet Page Number 11 of 302 E2 1.01Seven Brews Coffee has requested approval for a design review and a parking waiver to construct a drive-thru coffee stand on the property located at 2982 White Bear Avenue North. 1.02The property located at 2982 White Bear Avenue North is legally described as: That part of the Southeast Quarter of the Northwest Quarter of Section 2, Township 29, Range 22, lying Easterly of the center line of White Bear Avenue and lying Northerly of the following described line and its Easterly and Westerly extensions: Commencingat said Northeast corner of the Southeast Quarter of the Northwest Quarter; thence South 00 degrees 56 minutes 16 seconds East, along said East line of the Southeast Quarter of the Northwest Quarter, a distance of 174.51 feet to the point of beginning of said line; thence South 89 degrees 03 minutes 44 seconds West, a distance of711.79 feet to the center line of White Bear Avenue as described in Document No. 1813704 and there terminating. Together with the benefit of the easements created pursuant to Operation and Easement Agreement dated August 23, 1999, recorded August 26, 1999 as Document Number 3265663 and First Amendment filed May 25, 2011 as Document Number 4281218. PIN: 022922240019 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing, or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly, and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. 2.02The community design review board reviewed this request on October 21, 2025, and voted to approve it. 2.03The proposal meets the specific findings for design review approval. Section 3. City Council Action. November 10, 2025 City Council Meeting Minutes 10 Council Packet Page Number 12 of 302 E2 3.01On November 10, 2025, the City Council discussed this resolution. They considered reports and recommendations from the Community Design Review Board and City staff. 3.02The above-described site and design plans are hereby approved based on the findings outlined in Section 2 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans. Approval is subject to the applicant doing the following: 1.If the city has not issued a building permit for this project, repeat this review in two years. 2.The proposed building requires a building permit, and it must be constructed to meet the minimum requirements of the Minnesota State Building Code. The permit plans must address the code requirements as outlined in the building review comments. 3.The site requires 207 parking stalls, and the project will necessitate the removal of 34 parking stalls. However, a parking waiver has been approved, allowing the site to have a total of 173 parking stalls. The city must approve any additional changes to the site plan to alter parking. 4.The applicant must submit a plan review application to the environmental health official and obtain an annual food license. 5.The applicant must satisfy the requirements in the engineering review memo by Jon Jarosch, dated October 10, 2025. 6.Per city ordinance standards, all mechanical equipment and trash receptacles shall be screened from the view of all residential properties and adjacent public streets. 7.Before the issuance of a building permit, the applicant shall submit for staff approval the following items: a.The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b.The applicant must provide a tree preservation plan and a revised landscape plan as outlined in the environmental review comments. c. The canopy structure cannot extend over the property line. The applicant can prepare an easement for the encroachment, which must be provided to the city for review, or apply to adjust the south lot line so that the canopy does not encroach over the lot line. d.A copy of all shared agreements for the property and the neighboring properties. The property must have a cross-access and shared parking agreement in place with the adjacent properties. November 10, 2025 City Council Meeting Minutes 11 Council Packet Page Number 13 of 302 E2 e.An updated lighting plan, including architectural plans, a detailed description of each luminaire, and a site plan showing the light spread at the property lines. The elevations must show the location of wall-mounted lighting. 8.The applicant shall complete the following before occupying the building: a.Replace any property irons that were removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 9.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety, or welfare. b.The City of Maplewood holds the above-required letter of credit or cash escrow for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year, provided occupancy of the building occurs in the fall or winter, or within six weeks of occupancy if it occurs in the spring or summer. 10.All work shall follow the approved plans. The director of community development mayapprove minor changes. Seconded by Councilmember JuenemannAyes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at8:04p.m. November 10, 2025 City Council Meeting Minutes 12 Council Packet Page Number 14 of 302 F1a CITY COUNCIL STAFF REPORT Meeting Date November 24, 2025 REPORT TO: City Council REPORT FROM: Michael Sable, City Manage r PRESENTER: Michael Sable, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation Summary: This item is informational and intended to provide the Council a forecast of upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: December 8: Work Session: Transit Discussion EDA Meeting: 2026 Calendar; Rice Larpenteur Alliance Agreement; Business Retention, Expansion and Attraction; 2026 EDA Levy and Budget Adoption Council Meeting: Truth in Taxation Hearing for 2026 Budget and 2026-2030 CIP January 12: Council Meeting: 2026 City Council Appointments to Boards, Commissions and Misc Groups Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1.Transit Discussion (December 8) 2.Charitable Gambling Policy (February 2026) Community Events and Notifications: Rice Larpenteur Winter Warm Up, Saturday, December 13, 1 Î 3 PM Santa Parade, Saturday, December 20, 9 AM Î 1 PM Council Packet Page Number 15 of 302 F1a Maplewood Living Schedule: Author Due Date Edition Abrams December 15 January 2026 Juenemann January 16 February 2026 Cave February 17 March 2026 Lee March 16 April 2026 Villavicencio April 17 May 2026 All assignments are subject to change based on election filings. Council Packet Page Number 16 of 302 F3 CITY COUNCILSTAFF REPORT Meeting Date November 24, 2025 REPORT TO:MichaelSable, City Manager REPORT FROM: Lois Knutson, Senior Administrative Manager PRESENTER:Mayor Marylee Abrams AGENDA ITEM: Resolution of Appreciation for Sue Vento Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: This resolution honors Sue Vento for her years of dedicated service on the Metropolitan Council and her lifelong commitment to education, community service, and regional collaboration. Through her leadership, compassion, and steadfast advocacy, Sue has strengthened communities, inspired collaboration across the Twin Cities region, and advanced the shared goal of a more equitable and sustainable future. Recommended Action: Motion to approve the resolution of appreciation honoring Sue Vento for her dedicated service on the Metropolitan Council and her lifelong commitment to education, community service, and regional collaboration. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Safety Sustainability Development Background: The resolution highlights the years of dedicated public service by Metropolitan Council Member Sue Vento, who has been an influential leader and steadfast advocate for the residents of Maplewood and the Twin Cities region. Attachments: 1.Resolution Council Packet Page Number 17 of 302 F3, Attachment 1 Resolution of Appreciation Honoring Metropolitan Council Member Sue Vento WHEREAS, Sue Vento has exemplified a lifelong commitment to education, community service, and regional collaboration, dedicating her personal and professional life to improving the lives of others; and WHEREAS, Sue began her career as an educator, teaching in the Willmar School District from 1977 to 1983, before serving for more than 27 years as a field representative, organizer, and lobbyist for educators through the Minnesota Education Association and Education Minnesota, advancing the cause of public education and supporting those who dedicate their lives to teaching; and WHEREAS, following her distinguished career in education, Sue continued her lifelong commitment to service as Director of Outreach for the Church of the Assumption in St. Paul and through her involvement with numerous community organizations, including Twin Cities Habitat for Humanity, Friends of the St. Paul Library, the National Park Trust, Friends of the Mississippi River, Neighborhood House, Merrick Community Services, and the Ramsey County Historical Society, each reflecting her deep dedication to compassion, equity, education, and community well-being; and furthermore, her steadfast advocacy for parks and open spaces has enriched the region’s environmental legacy, preserving natural treasures for the enjoyment and inspiration of future generations; and WHEREAS, Sue was appointed to the Metropolitan Council by Governor Tim Walz in March 2019 and has demonstrated steadfast leadership, collaboration, and empathy—working tirelessly to promote sustainable growth, preserve the region’s natural resources, and ensure that all residents have access to opportunities and services that enhance quality of life; and WHEREAS, colleagues on the Metropolitan Council have celebrated Sue’s humility, warmth, and authenticity—qualities that have fostered unity, inspired trust, and elevated the tone of regional governance; and WHEREAS, Sue Vento’s enduring legacy will be measured not only in policies and programs, but also in the countless relationships, partnerships, and friendships she has built throughout her years of service; NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood expresses its deepest appreciation to Metropolitan Council Member Sue Vento for her outstanding leadership, her unwavering advocacy for education and environmental stewardship, and her lifelong commitment to building stronger, more compassionate communities throughout the Twin Cities region. BE IT FURTHER RESOLVED, that the City Council of Maplewood extends its sincere gratitude and best wishes to Sue Vento for continued success, fulfillment, and joy in all future endeavors. Adopted by the Maplewood City Council on November 24, 2025. Council Packet Page Number 18 of 302 G1 Council Packet Page Number 19 of 302 G1, Attachments Council Packet Page Number 20 of 302 G1, Attachments Council Packet Page Number 21 of 302 G1, Attachments Council Packet Page Number 22 of 302 G1, Attachments Council Packet Page Number 23 of 302 G1, Attachments Council Packet Page Number 24 of 302 G1, Attachments Council Packet Page Number 25 of 302 G1, Attachments Council Packet Page Number 26 of 302 G1, Attachments Council Packet Page Number 27 of 302 G1, Attachments Council Packet Page Number 28 of 302 G1, Attachments Council Packet Page Number 29 of 302 G1, Attachments Council Packet Page Number 30 of 302 G1, Attachments Council Packet Page Number 31 of 302 G1, Attachments Council Packet Page Number 32 of 302 G2 CITY COUNCIL STAFF REPORT Meeting Date November 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER:Joe Rueb, Finance Director AGENDA ITEM: Approval of Budgeted Transfers Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: City Council approval of transfers is required. The transfers on the attached lists are budgeted administrative, capital project and debt service transfers for 2025. Recommended Action: Motion to approve the attached list of transfers dated November 24, 2025, and authorize the Finance Director to make the necessary accounting entries. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Safety Sustainability Development Background: Transfers are part of the City’s budget and long-term financial plan and do not have a fiscal impact because transfers represent activity between funds. The Budgeted Debt Service Transfers are planned transfers from TIF and utility funds to provide the pledged revenues to service the G.O. bonds. These transfers were part of the original debt issuance agreement. The Budgeted Administrative Transfers primarily represent contributions from utility and TIF funds for administrative overhead costs. Each year the City budgets for administrative contributions from these funds. Council Packet Page Number 33 of 302 G2 The Budgeted Capital Project Transfers represent contributions from utility and capital project funds to finance the 2025 street improvement projects. These transfers are part of the approved financing plan for each specific street project Attachments: 1. Transfers dated November 24, 2025 Council Packet Page Number 34 of 302 G2, Attachment Council Packet Page Number 35 of 302 G3 CITY COUNCIL STAFF REPORT Meeting Date November 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER:Joe Rueb, Finance Director AGENDA ITEM: Audit Engagement Agreement with BerganKDV Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: The City’s Audit Committee recommends accepting the bid from the City's current auditors, BerganKDV, noting that the firm’s past performance has aligned well with the City’s standards for audit quality, communication, and responsiveness. BerganKDV also provided lowest bid. Recommended Action: Motion to approve the audit engagement agreement with BerganKDV for the 2025 financial audit. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $48,950 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Strategic Plan Relevance: Safety Sustainability Development Background: Minnesota law requires cities to have a financial audit performed on an annual basis. Maplewood’s financial policies require periodically requesting proposals for auditing services. The City requested proposals from qualified firms and interviewed three firms in October and November 2025. The Finance Department solicited audit proposals from four major firms for audit services for the year ending December 31, 2025 and the two subsequent years with the option to extend two additional years. The proposals were analyzed by the Finance Department and the three lowest bidders were selected for interviews. Those firms were ABDO, Redpath, and BerganKDV. The interview team consisted of Mayor Abrams, Councilmember Juenemann, Finance Director Joe Rueb and Assistant Finance Director Carl Jacobson. Council Packet Page Number 36 of 302 G3 th Interviews were conducted on October 29 and November 3, 2025. All firms presented competitive, high-quality proposals. The City’s audit committee recommends accepting the bid from the City's current auditors, BerganKDV. The analysis of bid results from all firms is attached. Attachments: 1. Audit Bid Analysis 2. Engagement Letter with BerganKDV for the 2025 Financial Audit. Council Packet Page Number 37 of 302 G3, Attachment 1 Council Packet Page Number 38 of 302 G3, Attachment 2 Engagement Agreement GOVERNMENTAL AUDIT | YELLOW BOOK This letter is to confirm and summarize our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide. NameAddress City of Maplewood1830 County Road B E Maplewood, MN55109 Contact NameAgreement Date Joe Rueb, Finance DirectorNovember 11, 2025 Honorable Mayor and City Council Contact Email Joe.Rueb@MaplewoodMn.gov SUMMARY OF ENGAGEMENT TERMS Level of Service Audit in accordance with Government Auditing Standards(GovernmentalYellow Book) Financial Statements Governmental activities, business-type activities, each major fund, and the aggregate remaining fund information FinancialReporting Framework Accounting principles generally accepted in the United States of America Reporting Period As of and for the year ended December 31, 2025 Required Supplementary Information D06396.800City of Maplewood2025AUDGV1of 10 Council Packet Page Number 39 of 302 G3, Attachment 2 Management's Discussion and Analysis (MD&A), Schedule of Changes in Net (OPEB) Liability and Related Ratios -Other Post Employment Benefits, Schedule of City's Proportionate Share of Net Pension Liability - GERF and PEPFF Retirement Funds and Schedule ofCity Contributions -GERF and PEPFF Retirement Funds Supplementary Information Combining and Individual Fund Financial Opinion in relation to the financial statements as Statements, Supplemental Schedules and a whole Other Schedules Introductory Section and Statistical Section of No opinion or assurance the Annual Comprehensive Financial Report Engagement Partner Andrew Grice Fees Our fees for these services will be $44,925 for the financial statement audit, $4,000-$5,000 for the Single Audit of each major federal program (if required), and $4,025 for drafting the Annual Comprehensive Financial Report. Nonattest Services Performed by BerganKDV Drafting of the Annual Comprehensive Financial Report and Schedule of Expenditures of Federal Awards (if required). Assistance with GASB 68/87/96, if applicable. Nonattest Services Performed by Creative Planning* None *Creative Planning, LLC and its affiliates (Creative Planning) and BerganKDV practice under an alternative practice structure in accordance with the AICPA Code of Professional Conduct and other applicable laws, regulations, and professional standards. BerganKDV is an independent, separately governed and licensed CPA firm that provides audit and attest services to its clients. Creative Planning provides wealth management, tax, business consulting, financial, and other professional services to its clients. Creative Planning is not a licensed CPA firm. See alternative practice structure below for additional details. AUDIT SCOPEAND OBJECTIVES We will audit the financial statements as identified in the summary of engagement terms, including the related notes to the financial statements, which collectively comprise the basic financial statements of the governmental entity. Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as D06396.800City of Maplewood2025AUDGV2of 10 Council Packet Page Number 40 of 302 G3, Attachment 2 management's discussion and analysis (MD&A), to supplement the governmental entity's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the governmental entity'sRSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because thelimited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The RSI as identified in the summary of engagement terms is required by GAAP and will be subjected to certain limited procedures but will not be audited. We may also be engaged to report on supplementary information other than RSI that accompanies the governmental entity's financial statements. If we opine on the supplementary information, accompanying the financial statements as identified in the summary of engagement terms, the supplementary information will be subjected to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole. If we do not provide an opinion or any assurance on the supplementary information other than RSI as identified in the summary of engagement terms, the other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements and our auditor's report will not provide an opinion or any assurance on that information. We will read the other supplementary information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other supplementary information exists, we are required to describe it in our report. The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue ncial statements are fairly presented, in all material respects, in conformity with the financial reporting framework identified in the summary of engagement terms and report on the fairness of the supplementary information for which we opine on as identified in the summary of engagement terms when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards, will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. STATEMENTS D06396.800City of Maplewood2025AUDGV3of 10 Council Packet Page Number 41 of 302 G3, Attachment 2 We will conduct our audit in accordance with GAAS and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of your accounting records of the governmental entity and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout theaudit. We will evaluatethe appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidablerisk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend toanylater periods for which we are not engaged as auditors. We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government's ability to continue as a going concern for a reasonable period of time. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts,and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, customers, creditors, and financial institutions.We may request written representations from your attorneys as part of the engagement. We will identify significant risks of material misstatement as part of our audit planning. Audit planning and plan modifications continue throughout the course of the audit, as such, identified risks will include those identified and communicated to you previously, including during the prior year, modified for additional significant risks identified and prior risks no longer considered significant. These significant risks and modifications will be communicated to you throughout the audit process. A completesummary of significant risks identified will be included in our communications letter, required communications to those charged with governance. Our audit of the financial statements does not relieve you of your responsibilities. AUDIT PROCEDURES -INTERNAL CONTROL D06396.800City of Maplewood2025AUDGV4of 10 Council Packet Page Number 42 of 302 G3, Attachment 2 Wewill obtain an understanding of the government and its environment, including the system of internal control, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud,and to design and perform audit proceduresresponsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.The riskof not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control.An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to managementand those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. AUDIT PROCEDURES -COMPLIANCE As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the governmental entity's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall complianceand we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. RESPONSIBILITIES OF MANAGEMENT FOR THE FINANCIAL STATEMENTS Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with the financial reporting framework identified in the summary of engagement terms, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making drafts of financial statements, all financial records and related information available to us;for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers);and for the evaluation of whether there are any conditions or events, considered in the aggregate, that raise substantial financial statements date or shortly thereafter (for example, within an additional three months if currently known).You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related- party relationships and transactions, and other matters, (2) additional information that we may request for the purpose of the audit, and (3) unrestrictedaccess to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial D06396.800City of Maplewood2025AUDGV5of 10 Council Packet Page Number 43 of 302 G3, Attachment 2 statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by GAAS and Government Auditing Standards. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, or contracts or grant agreements, that we report. You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with the financial reporting framework identified in the summary of engagement terms. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with the financial reporting framework identified in the summary of engagement terms; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with financial reporting framework identified in the summary of engagement terms; (3) the methods of measurement orpresentation have not changed from those used in the prior period or, if they have changed, the reasons for such changes; and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Scope and Objectives section of this agreement. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions,for the report, and for the timing and format for providing that information. OTHER MANAGEMENT RESPONSIBILITIES We understand that your employees will prepare all cash, accounts receivable,andother confirmations we request and will locate any documents selected by us for testing. During our engagement, we may accumulate records containing data which should be reflected in your books and records. You will determine that all such data will be so reflected. Accordingly, you understand that our firm does not accept responsibility for hosting client information; therefore, you have the sole responsibility for ensuring you retain and maintain in your possession all your financial and non-financial information, data and records. D06396.800City of Maplewood2025AUDGV6of 10 Council Packet Page Number 44 of 302 G3, Attachment 2 Our role is strictly limited to the engagement described in this agreement and summary of engagement terms, and we offer no assurance as to the results or ultimate outcomes of this engagement or of any decisions that you may make based upon our communications with, or our reports to you. Your entity will be solely responsible for making all decisions concerning the contents of our communications and reports, for the adoption of any plans and for implementing any plans you may develop, including any that we may discuss with you. ALTERNATIVE PRACTICE STRUCTURE Creative Planning, LLC and its affiliates (Creative Planning) and BerganKDV operate under an alternative practice structure in accordance with the AICPA Code of Professional Conduct and other applicable laws, regulations, and professional standards. BerganKDV provides audit and attest services and is closely aligned with Creative Planning that provides other professional (nonattest) services. Pursuant to a services agreement with Creative Planning, BerganKDV leases professional performance of audit and attest engagements. The professional and administrative staff leased under the services agreement will be under the direct control and supervision of BerganKDV, which is solely responsible for the professional performance of audit and attest engagements. As identified in the summary of engagement terms, Creative Planning, which is not a licensed CPA firm, may provide permitted nonattest services, which are not covered under this agreement. BerganKDV, Creative Planning, and its affiliates will share confidential client information with each other to assist in the performance of those services. Your acceptance and signing of this agreement arealso your consent for BerganKDV, Creative Planning, and its affiliates to share your information to provide you thoseservices. OTHER SERVICES We will assist in preparing the financial statements and related notes of the governmental entity in conformity with the financial reporting framework identified in the summary of engagement terms based on information provided by you. These nonattest services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. BerganKDV and/or Creative Planning may provide other nonattest services, as identified in the summary of engagement terms. These services may not be fully covered under this agreement and may be billed separately under other agreements with you. You may request that BerganKDV and Creative Planning perform additional services not contemplated by this agreement. If this occurs, we will communicate with you regarding the scope of the additional services and the estimated fee. BerganKDV or Creative Planning also may issue a separate agreement covering the additional services. In the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the terms of this agreement. We will perform the services in accordance with applicable professional standards. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could potentially impair our independence. INDEPENDENCE Professional and certain regulatory standards require us to be independent in the performance of our services in both fact and appearance. As such, we will not perform any management functions, make any management decisions, or perform any services or activities, without the appropriate safeguards, that would impair our independence. D06396.800City of Maplewood2025AUDGV7of 10 Council Packet Page Number 45 of 302 G3, Attachment 2 You agree to assume all management responsibilities for the nonattest services, as identified in the summary of engagement terms, financial statements, related notes, and any other nonattest services provided by BerganKDV and Creative Planning. You will berequired to acknowledge in the management representation letter the nonattest services provided and our assistance with the preparation of the financial statements and related notes and that you have evaluated the adequacy of our services and have reviewed and approved the results of the services, the financial statements, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonattest services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. To ensure our independence is not impaired under professional and regulatory standards, you agree to inform the engagement partner before entering into any substantive employment discussions with any BerganKDV and Creative Planning personnel. REPORTING We will issue a written report upon completion of our audit of thegovernmentalentity's financial statements. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor's report, or if necessary, withdraw from this engagement. If our opinionsareotherthan unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinionsor issue reports, or we may withdraw from this engagement. We will also provide a report (thatdoes not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will state (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The report will also state that the report is not suitable for any other purpose. If during our audit we become aware that the governmental entity is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with GAASand the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. We will provide copies of our reports to the governmental entity; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The engagement partner, as identified in the summary of engagement terms, is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. FEES Our fees for these services are detailed in the summary of engagement terms. The fee estimate is based on anticipated cooperation from your personnel, the assumption that all requested information will be provided timely and accurately, and we will not encounter any significant or unusual circumstances which will affect the scope of our engagement, including unforeseen changes in operations or disruptions in providing our services. If significant additional time is necessary, our D06396.800City of Maplewood2025AUDGV8of 10 Council Packet Page Number 46 of 302 G3, Attachment 2 fees will be adjusted accordingly. Additional time incurred for assistance with implementation of new accounting or other regulatory standards, significant audit adjustments, internal control deficiencies or compliance findings, inaccurate accounting records, significant events or transactions resulting in expanded scope of work, unanticipated significant audit risks, staff turnover, or instances of fraudwill be billed separately and will be based in part upon the amount of time required at our standard billing rates, plus out-of-pocket expenses. We commit staff and resources to your engagement at the time scheduled with you and your team. Failure to provide the required documentation and engagement support by the agreed upon due dates may result in an inconvenience fee of 25% of the base fee notedin the summary of engagement terms. AUDIT DOCUMENTATION The audit documentation for this engagement is the property of BerganKDV and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to oversight, regulatory, state agencies or their designees pursuant to authority given to them by law or regulation, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of BerganKDV personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the oversight, regulatory or state agencies. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the parties contesting the audit finding for guidance prior to destroying the audit documentation. MANAGEMENT WRITTEN REPRESENTATIONS During the course of our engagement, we will request information and explanations from management regarding the entity's operations, internal controls, future plans, specific transactions, and accounting systems and procedures. At the conclusion of our engagement, we will require, as a precondition to the issuance of our report, that management provide certain representations in a written representation letter. The procedures we will perform in our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the written and oral representations that we receive from management. Accordingly, false representations could cause us to expend unnecessary efforts or could cause a material error or a fraud to go undetected by our procedures. In view of the foregoing, you agree that we shall not be responsible for any misstatements in the entity's financial statements that we may fail to detect as a result of false or misleading representations that are made to us by management. PEER REVIEW REPORT Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of contract. Our peer review report can be downloaded from our website at www.creativeplanning.com/client-login/or will be provided in alternate formats upon request. PROFESSIONAL SERVICES TERMS ANDCONDITIONS D06396.800City of Maplewood2025AUDGV9of 10 Council Packet Page Number 47 of 302 G3, Attachment 2 The parties agree that this Engagement Letter/Agreement incorporates the Professional Services Terms andConditions(the "Terms") (collectively, the "Agreement"), all of which shall remain confidential between Client and BerganKDV. By signing this Engagement Letter/Agreement, Client acknowledges and agrees that Client has had an ample opportunity to review the terms contained in the Agreement. Client further agrees that Client has had the opportunity to obtain legal counsel The undersigned represent and warrant they are authorized signers for their respective organizations. Executed by BerganKDV:Acknowledged and Accepted by: Andrew Grice Title:Title: Shareholder D06396.800City of Maplewood2025AUDGV10of 10 Council Packet Page Number 48 of 302 G3, Attachment 2 Professional Services Terms and ConditionsT&C Engagement Letter ClientBerganKDV Service Provider Agreement event of a conflict between these Terms and Conditions and the Engagement Letter, these Terms and Conditions shall control, unless the Engagement Letter makes specific reference to the section of this Professional Services Agreement that it intends to supersede. All capitalized terms not defined herein shall have the meaning as defined in the Engagement Letter. 1. Definitions. In addition to the terms defined elsewhere in this Professional Services Agreement, the following terms shall have the meanings set forth below when used in the Agreement: AffiliateAffiliates controls, is controlled by, or is under common control with a party to this Agreement. Client Materials to, or otherwise makes available to, Service Provider in the course of providing the Services to Client hereunder this Agreement. Confidential Information business or affairs of the disclosing party that in any form, which is confidential, proprietary, or otherwise not generally available to the public, including wit documents, works in progress, work processes, trade secrets, customer information, and all other secret or confidential matter related to the discl information that disclosing Party designates as confidential, or which, under the circumstances of disclosure, the receiving Party reasonably knows should be treated as confidential. Force Majeure Event fire, flood, or explosion; (3) war, invasion, acts of terrorism, or other civil disorder; (4) national or regional emergency; (5) epidemics, outbreaks, pandemics; or (6) the operation of the Internet, interruption or failure of telecommunication or digital transmission links, and Internet slow-downs or failures. Intellectual Property Rights-up, inventions, confidential information, trade secrets, registered designs, design rights, patents, all rights of whatsoever nature in computer software and data, database rights, all rights of privacy and all intangible rights and privileges of a nature similar to any of the foregoing, in every case in any part of the world and whether or not registered, and including all granted registrations and all applications for registration in respect of any of the same. PartyParties Report to Client, including but not limited to, reports, related work product, materials, presentations, and related communications (written or otherwise). Representatives Services the Engagement Letter. Service Provider Materials software programs, products, materials or methodologies and reports, studies, data, diagrams, charts, specifications, gateways, bridges and integrations with third-par-existing software produced on behalf of Client; (3) works or materials created and developed by Service Provider prior to or independently of the Services; and (4) residual knowledge and know-how of general applicability resulting from performance of the Services. Third-Party Software Provider or software related products and services that Service Provider engages to assist with the performance of the Services. 2. Services. 2.1. Services and Additional Services. The Services to be performed by Service Provider for Client are set forth in the Engagement Letter. If any time Client requests that Service Provider perform additional services outside the scope Additional Services do not enter into a separate Engagement Letter setting forth the Additional Services, then Client agrees to pay Service D06396.800 City of Maplewood 2025 AUDGV 1 of 6 Council Packet Page Number 49 of 302 G3, Attachment 2 Provider additional fees based in part upon the amount of time required at our standard billing rates, plus out-of- pocket expenses, the Additional Services will be subject to the terms and conditions of this Professional Services mean the Services and the Additional Services. Service Provider, in its sole professional judgment, reserves the right to refuse to perform any Services or take any ac set forth herein. 2.2. Third-Party Software Providers. Client acknowledges and agrees that such Services may be performed by Service Provider, or any of its Affiliates, or Third-Party Software Providers. Client acknowledges and agrees that Service Provider may enter into contracts or licenses with such Third-Party Software Provider and Service Provider shall have the right to enter into, amend, terminate, or modify any such contract or license with any Third-Party Software Provider at any time in its sole discretion and without t Services, Client may need to agree to Third- agreements in order to use Third- 2.3. Quality Inputs. Notwithstanding anything herein to the contrary, Client agrees and acknowledges that the quality of the Services and any Reports is reliant on the accuracy, reliability, availability, and validity of the Client Materials provided by Client to Service Provider and Service Provider makes no representation or warranty with respect to issues with the Services that result from or are based on issues with accuracy, reliability, availability or validity of the Client Materials. Client hereby agrees that it will immediately notify Service Provider when it becomes aware of issues with the accuracy, reliability, availability, and validity of the Client Materials provided to Service Provider and Client assumes all risk, loss, and damages that arise therefrom, including, but not limited to any costs associated with redoing the Services and any Reports. 3. Payment for Services. 3.1. Service Fees and Payment Terms. Client agrees to pay the fees for the Services as set forth in the Engagement Letter and in these Professional Services Terms & Conditions. Any amounts owed by Client hereunder will be invoiced monthly and all payments shall be due upon the Engagement Letter. Client may not offset, defer or deduct any invoiced amounts. If Client objects to any invoiced amount, Client must promptly notify Service Provider in writing (but in no event more than thirty (30) days of the invoice date) and provide a detailed summary of all objections. Client hereby waives any objections to any invoice if timely objections are not made. If Client objects to any invoice, Client shall promptly pay all undisputed amounts and work with Service Provider in good faith to attempt to resolve any disputes. 3.2. Prepayments. Service Provider shall have the right to require Client to prepay up to fifty percent (50%) of the anticipated fees for the Services prior to any Services being provided to Client. If Service Provider determines in its sole discretion that the total cost for providing the Services cannot be reasonably determined at the outset, then Service Provider shall have the right to require Client pay a prepayment to Service Provider in an amount reasonably determined by Service Provider prior to Service Provider providing the Services. 3.3. Interest on Past Due Amounts. If any invoice is not paid by its due date, Service Provider will charge Client and Client will pay an interest charge of one percent (1%) per month on the unpaid balance of such invoice. For any amounts that are disputed in good faith, Client may still be liable for the interest if such amounts are later found to be rightfully due and owing. Alternatively, for any disputed amounts that are made in good faith, Client can pay such amounts into a mutually agreeable interest-bearing escrow account, in which case Client will not be obligated to pay such interest provided it cooperates in good faith with Service Provider to promptly resolve the dispute. 3.4. Certain Remedies for Nonpayment. If an undisputed invoice is not paid when due, Client shall pay Service Provider a service charge accruing from the due date in the amount of one and half percent (1.5%) per month or the highest lawful rate, whichever is less, on the unpaid balance of such invoice. If Client fails to pay to Service Provider, within ten (10) days after Service Provider makes written demand for any past-due amount payable under the Agreement (including interest thereon), then, in addition to all other rights and remedies which Service Provider may have at law or in equity, Service Provider may seek collection from Client of unpaid amounts due and shall be entitled dless if formal litigation is commenced. A 25% collection fee will be imposed on any invoice sent to collections. Service Provider is also entitled to accelerate and demand full payment of any future amounts due under the Engagement Letter. Service Provider may, in its sole -Party Software Provider, until all past due amounts are paid in full. Any withholding of Services or support due to a failure by Client to pay amounts due does not relieve Client from its contractual obligation to pay for the Services during the time the Services and/or support are withheld. If Client makes full payment and restores its account to good standing and the Agreement has not otherwise been terminated, then Service Provider may resume Services. Notwithstanding any term to the contrary herein, Client acknowledges and agrees that Services Provider shall not be liable for any damages D06396.800 City of Maplewood 2025 AUDGV 2 of 6 Council Packet Page Number 50 of 302 G3, Attachment 2 Service Provider. 3.5. Taxes. pay all sales, use, excise, personal property or other taxes, whether federal, state or local, however designated, levied or imposed on any Services 4. Term of Agreement. 4.1. Term and Termination. The term of this Agreement shall commence on the Effective Date of the Engagement Letter and shall continue until terminated as provided herein. This Agreement may be terminated pursuant to the following: (1) either Party may terminate the Agreement for c material term of this Agreement and does not cure the breach within thirty (30) days after receipt of the written notice of the alleged breach. Should such termination occur while Client still has Services remaining on any applicable agreement, except in situations where Client has terminated this Agreement for cause, then all of those amounts due presently and during the remainder of the Services term shall be immediately due and payable upon the effective termination of this Agreement. 4.2. Enforceability Post-Termination; Survival. Upon the termination of this Agreement, Service Provider has no amounts due and owing to Service Provider are fully paid and Client shall be obligated to pay Service Provider for any fees or expense on a proportional basis for Services performed up to and including the Effective Date. Any provisions of this Agreement that by their terms require performance or have application to events following termination shall survive and remain in full force and effect. 4.3. Procedures Upon Termination. Upon the end of the Term, Service Provider shall prepare final invoices for Services and provide them to Client, and Client shall pay the same pursuant to the invoice terms. Both parties shall return any and all Confidential Information, reports, materials, or other service-related items as required by this Agreement in a timely manner. Both Parties are not obligated to delete data that is solely on their backup systems, s Confidential Information be restored to the primary system where the data is more readily accessible, then the Parties will at that time have the obligation to delete the Confidential Information. 5. Confidentiality, Certain Restrictive Covenants, and Intellectual Property. 5.1. Confidentiality Obligations. Confidential Information and protect such Confidential Information with the same degree of care that it applies to the but in no event less than a reasonable degree of care, given Party solely for the purpose of rendering or obtaining Services (as applicable) pursuant to this Agreement and, except as permitted herein, shall not be disclosed to any third party without the prior consent of the disclosing Party. Notwithstanding the foregoing, Client acknowledges that Service Provi with those of its Representatives, Affiliates and any Third-Party Software Providers that have a need to know in order fidential Information on the same or similar terms as set forth herein. Client acknowledges that it may be asked by certain Third-Party Software lient agrees to consent to such requests from Third-Party Software Providers. This Agreement shall be deemed Confidential Information. 5.2. Exceptions. The restrictions on Confidential Information in this Section 5 shall not apply to information: (1) generally available to the public through no act or omission of the receiving Party, its Representatives, or its Affiliates; Confidential Information; (3) approved for release in writing by the disclosing Party; (4) that is received without restriction from another person or organizations lawfully in possession of such information and entitled to provide such information to the receiving Party; or (5) information that was rightfully in the possession of the receiving Party on a non-confidential basis prior to its disclosure by the disclosing Party. Additionally, either Party may use or disclose regulatory authority, or otherwise as required by applicable law. Information for such purpose, the receiving Party must provide prompt written notice to the disclosing Party of the circumstances requiring disclosure of such Confidential Information, and the Parties shall cooperate with each other, and avoid such disclosure, to obtain any other appropriate remedy, or to waive compliance with the provisions of this D06396.800 City of Maplewood 2025 AUDGV 3 of 6 Council Packet Page Number 51 of 302 G3, Attachment 2 Agreement. In the event that such protective order or other remedy is not obtained, or that the disclosing Party waives compliance with the provisions of this Agreement, the receiving Party will furnish only that portion of Confidential Information which is legally required. 5.3. HIPAA. If applicable, notwithstanding anything herein to the contrary, to the extent the Health Insurance retains all responsibility for being compliant with the applicable provisions of HIPAA that may apply to the Client Materials provided by Client pursuant to the Services; and (2) Service Provider makes no representation or warranty herein regarding its compliance with any applicable HIPAA laws and regulations in connection with the Services. 6. Warranties. 6.1. Representations and Warranties. Each Party represents, warrants and covenants to the other that: (1) it has full right, power and authority to enter into and fully perform its obligations under this Agreement; (2) the execution, delivery and performance of this Agreement by that Party does not conflict with any other agreement to which it is a party or by which it is bound; and (3) it shall comply with all material laws, rules and regulations applicable to its activities in connection with this Agreement. Client further represents, warrants, and covenants that: (1) the Client Materials are original to Client or Client has obtained the necessary rights to provide the Client Materials to Service Provider and use the Client Materials in connection with the Services; and (2) the Client Materials as provided to Service Provider are accurate, reliability, availability, and valid for the performance of the Services. 6.2. All Obligations Set Forth in This Agreement; Limitation. SERVICE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY DELAYS AND/OR SERVICE UNAVAILABILITY OF ANY KIND, REGARDLESS OF CAUSE, EXCEPT AS PROVIDED IN THIS AGREEMENT. CLIENT EXPRESSLY WAIVES ANY CLAIMS AGAINST SERVICE PROVIDER FOR LOSS, INJURY, OR DAMAGE OF ANY KIND, DIRECTLY OR INDIRECTLY, RESULTING FROM AVAILABILITY OF THE SERVICES, USE OF THE SERVICES OR FROM ANY LOSS OR CORRUPTION OF CLIENT MATERIALS SOFTWARE, OR HARDWARE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. 6.3. OTHER WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL OTHER WARRANTIES ON THE SERVICES FURNISHED UNDER THIS AGREEMENT INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR OF ANY RESULTS TO BE ACHIEVED. UNLESS NOTED EXPLICITLY OTHERWISE HEREIN, ALL SERVICES ARE PROVIDED AS-IS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HERE, ANY SERVICES THAT ARE CONTINGENT ON OR PROVIDED BY A THIRD-PARTY SOFTWARE PROVIDER CARRY NO WARRANTY OF ANY KIND BY SERVICE PROVIDER. CLIENT AGREES TO LOOK EXCLUSIVELY TO SUCH THIRD-PARTY SOFTWARE PROVIDER FOR ANY AND ALL LIABILITY. THE EXPRESS WARRANTIES STATED IN THIS SECTION 6 ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF SERVICE PROVIDER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF SERVICE PROVIDER UNDER THIS AGREEMENT. 7. Limitation of Liability and Indemnification. 7.1. LIMITATION ON DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, CLIENT ACKNOWLEDGES AND AGREES THAT THE MAXIMUM AGGREGATE AMOUNT THAT CLIENT CAN COLLECT FROM SERVICE PROVIDER OR ITS AFFILIATES FOR ANY CLAIM RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER PURSUANT TO THIS AGREEMENT OR OTHERWISE UNDER THE LAW, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE AVERAGE MONTHLY AMOUNT ACTUALLY PAID FOR THE SPECIFIC SERVICE AT ISSUE BY CLIENT TO SERVICE PROVIDER UNDER THIS AGREEMENT OVER THE PAST TWELVE (12) MONTHS PRIOR TO WHEN THE CLAIM FIRST AROSE. 7.2. WAIVER OF CERTAIN DAMAGES. UNLESS SPECIFIED EXPLICITLY HEREIN, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF USE OF DATA OR INTERRUPTION OF BUSINESS, WHETHER ARISING IN TORT, CONTRACT, OR INDEMNITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT NOTHING IN THIS PARAGRAPH IS ENTITLED TO LIMIT OR WAIVE THE AMOUNTS DUE FROM CLIENT TO SERVICE PROVIDER. 7.3. MUTUAL INDEMNIFICATION. Indemnifying Party Indemnified Party losses, claims, actions, proceedings, and suits, and all related liabilities, damages, judgements, settlements, penalties, xpenses) (collectively Lossesarising out of or relating to: (1) any breach or alleged breach of the or willful misconduct by the Indemnifying Party or any of its Representatives; (3) unauthorized disclosure of confidential information by the Indemnifying Party; (4) claims against the indemnified party by a third party for infringement upon Intellectual Property Rights; and (5) any other violation of this Agreement by the Indemnifying Party. Notwithstanding anything to the contrary contained in this Agreement, in no event will the Indemnifying Party D06396.800 City of Maplewood 2025 AUDGV 4 of 6 Council Packet Page Number 52 of 302 G3, Attachment 2 Agreement. 8. Miscellaneous. 8.1. Non-solicitation of Employees. During the term of this Agreement and for a period of one (1) year after termination of this Agreement for any reason, Client shall not, directly or indirectly, hire, offer to hire, entice away, solicit, or in any other way persuade or attempt to persuade any Representative to discontinue their relationship with Service Provider. If Client violates this provision, Client shall pay Service Provider an amount equal to the Representatives total annualized compensation, including wages, bonuses and the cost of all benefits, if any, that Service Provider paid or was payable to the Representative during the one (1) year period prior to Client soliciting the Representative as well as the forecasted or actual total annualized compensation that Client will pay or did pay to Representative after the solicitation occurred. 8.2. Notification. All notices, requests, demands and other communications which are required or may be given under the Agreement will be in writing and will be deemed to have been duly given, or otherwise properly received: (1) when actually received if personally delivered; (2) when transmitted by confirmed facsimile, electronic or digital transmission method; (3) the day after it is sent, if sent for next day delivery to a domestic United States address by recognized overnight delivery service (e.g., Federal Express); and (4) upon receipt, if sent by certified or registered mail, return receipt requested. In each case, notice will be sent pursuant to the addresses and notice information for each Party set forth in the Engagement Letter, provided, however, that information by written notice to the other Party in the manner set forth above. 8.3. Force Majeure. Except for any payment obligations, which shall remain due and payable in accordance with the provisions of this Agreement, either Party shall be excused from delays in performing, or from its failure to perform, its obligations pursuant to this Agreement if such delays or failures result from a Force Majeure Event. In order to be excused from delay or failure to perform due to a Force Majeure Event, a Party must provide prompt written notice to the other Party reasonably identifying the Force Majeure Event and use commercially reasonable efforts to resume performance to the extent possible. If the period of non-performance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, either party may terminate this Agreement. Notwithstanding any refund of the pro-rata portion of any pre-paid Service fees. 8.4. No Agency. Service Provider is acting solely as an independent contractor in rendering Services under this Agreement. In no way is Service Provider to be construed as the agent or acting as the agent of Client in any respect. Service Provider is neither the employer nor an employee of Client. 8.5. Assignment. This Agreement may not be assigned by either Party without the express written consent of the other Party, which shall not be unreasonably withheld, conditioned or delayed. Subject to the foregoing, any assignee under this Agreement shall be subject to all of the terms, conditions and provisions of this Agreement. 8.6. Waiver. No waiver or breach of any provision of this Agreement shall be effective unless made in writing nor shall such waiver or breach operate as, or be construed to be, a continuing waiver of such provision or breach. 8.7. Governing Law; Venue; Waiver of Jury Trial. This Agreement shall be governed by the laws of the State of Kansas, without regard to its conflict of law provisions. Subject to the alternative dispute resolution process described in section 8.8, any disputes between the Parties in connection with this Agreement shall be exclusively brought only providing the majority of the Services to the Client under this Agreement; or (2) if subsection (1) is inapplicable for any reason, then in Johnson County, in the State of Kansas. THE PARTIES EXPRESSLY AND IRREVOCABLY WAIVE TRIAL BY JURY IN THE EVENT OF ANY DISPUTE UNDER THIS AGREEMENT. 8.8. Alternative Dispute Resolution Mediation & Arbitration. If a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the Parties agree to first attempt to settle the dispute by mediation that will be administered by a neutral party, using mediation procedures, both of which have been agreed upon by both Parties before resorting to arbitration. Where mediation fails to produce a binding resolution between the Parties, any continued dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by individual final and binding arbitration in the proper location determined by section 8.7 of these Terms. Except as otherwise provided in this section or mutually agreed upon by the Parties, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. All aspects of the mediation and arbitration, including any final and binding award issued by the arbitrator, shall be strictly confidential. Judgment on the final and binding award issued by the arbitrator may be entered in a court described in section 8.7. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. D06396.800 City of Maplewood 2025 AUDGV 5 of 6 Council Packet Page Number 53 of 302 G3, Attachment 2 8.9. Time Period for Claims. The Parties acknowledge that the nature of the Services makes it inherently difficult, with the passage of time, to present evidence in an arbitration that fully and fairly establishes the facts underlying any dispute that may arise between us. The Parties agree that notwithstanding any applicable statute of limitation that might otherwise apply to a claim or dispute between the Parties, including one arising out of this Agreement or the Services, any arbitration permitted under the Agreement (except related to the collection of sums due from Client) must be commenced within twelve (12) months after the date of delivery of any Report arising from the Services or if no Reports are delivered in connection with the Services, within twelve (12) months after the date of delivery of the Services. This twelve (12) month period applies and begins to run on the date of each report delivered by Service Provider, even if Service Provider continues to perform Services after such date, and even if neither Party has become aware of the existence of a claim or the basis for a possible claim. In the event a dispute within the last sixty (60) days of the twelve (12) month period, the period of limitation to commence a lawsuit shall be extended by up to sixty (60) days, to allow the Parties to conduct nonbinding mediation pursuant to Section 8.8. 8.10. The Party who substantially prevails in enforcing this Agreement shall be entitled to all of its formal lawsuit is commenced. This provision shall remain in force for costs associated with section 8.8 unless the parties agree to allocate costs subject to a separate agreement. 8.11. Fees for Client Disputes with Third Parties. Except for disputes arising between the Parties, in the event Service Provider or any of its Affiliates are called as a witness or requested to provide any information (whether oral, written, or electronic) in any judicial, quasi-judicial, or administrative hearing, investigation, trial, appeal, or proceeding regarding information or communications that Client has provided to Service Provider, any documents and materials prepared by Service Provider in accordance with the terms of this Agreement, or any knowledge the Service Provider has related to Client, Client shall pay any and all expenses, including fees and costs for Service other fees that Service Provider incurs as a result of such appearance or production of documents. 8.12. Subpoenas and Legal Proceedings. If Service Provider receives a subpoena related to Client, the Services Service Provider performed for Client, or if Service Provider otherwise must engage in any legal proceeding relating to Client or its acts or omissions, Client agrees to reimburse Service Provider for its costs associated with the same and participating in the legal proceeding calculate pay all such amounts within ten (10) days of written demand. 8.13. Reproductions of Materials. Any publication or other reproduction of any Report prepared by Service Client. Client agrees to provide Service Provider with printers' proofs or master of such publication or reproduction of 8.14. Electronic Signatures; Electronic Disclosures. The Parties agree that this Agreement and any other documents delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents shall have the same legal validity and enforceability as handwritten signatures to the fullest extent permitted by applicable law. Client hereby authorizes Service Provider and Third-Party Software Providers to deliver to Client electronically formatted data and information, including financial statements, drafts of financial statements, financially sensitive information, spreadsheets, trial balances, or other financial data from Service Providers files. 8.15. Counterparts. This Agreement may be executed and delivered by original signature, facsimile, or other image capturing technology, and in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. 8.16. Entire Agreement. This Agreement constitutes the entire agreement between the Parties in relation to the Services provided hereunder and supersedes all prior written or oral communications and representations only with respect to the Services provided hereunder in this Agreement. 8.17. Severability. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable in whole or in part, for any reason whatsoever, such portion of this Agreement shall be amended to the minimum extent required to make the provision enforceable and the remaining portions of this Agreement shall remain in full force and effect. 8.18. Equitable Relief. Each Party acknowledges that its breach of Section 5 (Confidentiality, Certain Restrictive Covenants, and Intellectual Property) or Section 8.1 (Non-solicitation of Employees) will cause irreparable injury to the other Party for which monetary damages are not an adequate remedy. Accordingly, in addition to any other rights and remedies available to such Party, a Party shall be entitled to seek injunctive relief and other equitable remedies in the event of a breach of the terms of Section 5 or Section 8.1 by the other Party. D06396.800 City of Maplewood 2025 AUDGV 6 of 6 Council Packet Page Number 54 of 302 G4 CITY COUNCIL STAFF REPORT Meeting Date November 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Brian Bierdeman, Director of Public Safety PRESENTER:Brian Bierdeman, Director of Public Safety AGENDA ITEM: Purchase of Four Marked Squads and One Unmarked Squad Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: The Police Department needs to replace four vehicles in the marked patrol fleet and one unmarked police vehicle that are aging and due for replacement. The purchase of the five vehicles is in the Capital Improvement Plan (CIP) for 2026. City Council approval is required to purchase these new vehicles. Recommended Action: Motion to approve the purchase of five new police vehicles. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $201,001 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: SafetyEnsure public safety and effective emergency response Sustainability Development Focus Area: Ensuring the department’s fleet is reliable and that the department has an adequate number of patrol vehicles. Background: Minnesota police departments can place orders for squad cars in conjunction with the State of Minnesota and many other municipal departments from the state bid awarded to Dodge of Burnsville and Tenvoorde Ford. By using the state bid process, the City of Maplewood can purchase four Dodge vehicles and one Ford vehicle at a reduced price. These purchases will ensure the department’s fleet is reliable and that an adequate number of marked patrol vehicles are available for officers to respond to emergency calls. Council Packet Page Number 55 of 302 G4 The 2026 Dodge Durango Pursuit AWD price is $39,453 per vehicle. The 2026 Ford Explorer price is $43,189. Attachments: 1.2026 Dodge Durango SUV purchase specification worksheet 2.2026 Ford Explorer SUV price quote Council Packet Page Number 56 of 302 Date G4, Attachment 1 Purchaser Dodge of Burnsville 12101 Hwy 35W South State Contract # 184131 Release # A-174(5) Todd Prissel Allow TBD weeks for delivery from order date tprissel@dodgeofburnsveille.com Order Cutoff TBD 952-767-2702 Maplewood Police Department 2026 Durango Pursuit AWD Note: Please select options Options V6 WDEE75 2BZ Package Base Vehicle Contract Price$ 38,201.00 Copy and Paste Price to add options Seat Options Cloth Bucket Seats W/Rear Vinyl/BlackA7X9$ 145.00 Cloth Bucket Seats W/Rear Cloth/BlackC5X9$ - Functional Packages: Technology GroupADG$ 2,619.00 Skid Plate GroupADL$ 333.00 18X8.0 Painted Aluminum WheelsWP1$ 387.00 Additional Features Floor CarpetCKD$ 145.00 Full Length Floor ConsoleCUF$ 333.00 Police Floor ConsoleCUG$ 1,076.00 Deactivate Rear Doors/WindowsCW6$ 86.00$ 86.00 Entire Fleet Alike Key (FREQ 2)GXA$ 540.00 Entire Fleet Alike Key (FREQ 3)GXE$ 540.00 Entire Fleet Alike Key (FREQ 1)GXF$ 540.00 $ 540.00 Entire Fleet Alike Key (FREQ 4)GXG$ 540.00 Power LiftgateJRC$ 432.00 Black Right LED Spot LampLNA$ 626.00 Black Left LED Spot LampLNF$ 626.00 $ 626.00 Security AlarmLSA$ 171.00 Delete Liftgate BadgeMT8$ - Passenger Side Ballistic Door PanelXDG$ 3,150.00 Driver Side Ballistic Door PanelXDV$ 3,150.00 Color Options Vapor GreyPAS$ 356.00 DB Black Clear CoatPXJ$ -X Destroyer Grey Clear CoatPDN$ 356.00 Frostbite Pear CoatPCALate Availability Michigan State Police BlueP79$ 540.00 Night MovesPCQLate Availability Octane Red Pearl CoatPRV$ 356.00 Triple NickelPSELate Availability Council Packet Page Number 57 of 302 Date G4, Attachment 1 Purchaser Dodge of Burnsville White Knuckle Clear CoatPW7$ - 12101 Hwy 35W South Todd Prissel Dealer Installed Options tprissel@dodgeofburnsveille.com Engine Block HeaterDBH$ 460.00 952-767-2702 Extra OEM KeyEOK$ 340.00 3 Lock Remote Start DRS$ 660.00 Rust Proof & UndercoatingR&U$ 1,395.00 Other Items available upon request (Window Tint, Wheels, etc.) Total Delivered Price with options Per Contract$ 39,453.00 Dodge Of Burnsville 12101 Hwy 35W South Burnsville MN 55337 Todd Prissel tprissel@dodgeofburnsville.com 952-767-2702 Council Packet Page Number 58 of 302 G4, Attachment 2 Council Packet Page Number 59 of 302 G5 CITY COUNCIL STAFF REPORT Meeting Date November 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Steve Love, Public Works Director Audra Robbins, Parks and Natural Resources Manager Shann Finwall, Sustainability Coordinator PRESENTER:Steve Love, Public Works Director AGENDA ITEM:Harvest Park Native Seed Garden Amendment to Memorandum of Understanding Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: The Memorandum of Understanding for the Harvest Park Native Seed Garden (MOU), between Urban Roots MN and the City of Maplewood, for the establishment and maintenance of native seed plots at Harvest Park is due for review. The Fifth Amendment to the MOU extends the agreement for one year to December 31, 2026. Recommended Action: Motion to approve the Fifth Amendment to the MOU, between Urban Roots MN and the City of Maplewood, for the Harvest Park Native Seed Garden, and direct the Mayor and City Manager to sign the Fifth Amendment. Minor revisions as approved by the City Attorney are authorized as needed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: SafetyFocus Area: Sustainability Advance environmental stewardship initiatives Development Invest in people and placemaking The Harvest Park Native Seed Garden benefits pollinators and supports the restoration of land to native plants. Service projects and programming at the garden promote community inclusiveness. Background: The Harvest Park Native Seed Garden is on the north side of Harvest Park. The 1.5-acre seed garden features a mix of native forbs and grasses, designed to facilitate the harvesting of seeds Council Packet Page Number 60 of 302 G5 from these plants foruse in future restoration projectsthroughout the East Metro, including Maplewood. Urban Roots MN builds healthy, vibrant communities through food, conservation, and youth development. The City entered a three-year MOU with Urban Roots in 2019 to establish and maintain the native seed garden. The MOU has been extended four times since that date. In addition to planting and maintaining the garden, the MOU outlines that once the garden is established, Urban Roots will explore opportunities for employing Maplewood youth and collaborate with the City on programs and events at the garden. In 2025, Urban Roots offered paid internships to two Maplewood youth in addition to other East Metro youth, gave a garden presentation to the adjacent residents at Harmony Gardens Senior Living, and held four service project days with 65 adult and 15 student volunteers from the following organizations: Costco Employee Spring Clean Up Day, AFSA Pre K-12 Farm and Community Service Day, Land O’ Lakes Service Day, and Computer Share Corporation Service Day. Urban Roots continues to be a good partner and steward of the land. Staff recommends approving the Fifth Amendment to the MOU, which extends the partnership by one year, to December 31, 2026. Attachments: 1.Harvest Park Native Seed Garden 2019 MOU 2.Fifth Amendment to MOU for the Harvest Park Native Seed Garden Council Packet Page Number 61 of 302 G5, Attachment 1 Council Packet Page Number 62 of 302 G5, Attachment 1 Council Packet Page Number 63 of 302 G5, Attachment 1 Council Packet Page Number 64 of 302 G5, Attachment 2 FIFTHAMENDMENT TO MEMORANDUM OF UNDERSTANDING HARVEST PARK NATIVE SEED GARDEN WHEREAS, the City of Maplewood (the "City") and Urban Roots MN ("Urban Roots") entered into a Memorandum of Understanding (the "MOU'') dated March 15, 2019 for the establishment and maintenance of native seed plots at the City's Harvest Park; and WHEREAS, the MOU was previously extended for one year, to December 31, 2025. NOW, THEREFORE, BE IT RESOLVED, the City and Urban Roots hereby agree to the following: 1.The MOU is hereby extended one year, to December 31, 2026. 2.With the exception of the termination date, all terms and conditions of the MOU remain unchanged. URBAN ROOTS CITY OF MAPLEWOOD ________________________________ ________________________________ David Woods, Program Director Mayor Date: Date: ___________________________ CITY OF MAPLEWOOD ________________________________ City Manager Date: ___________________________ Council Packet Page Number 65 of 302 G6 CITY COUNCILSTAFF REPORT Meeting Date November 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Steve Love, Public Works Director Audra Robbins, Parks and Natural Resources Manager Shann Finwall, Sustainability Coordinator PRESENTER:Steve Love, Public Works Director AGENDA ITEM: 2026 SCORE Funding Grant Application Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: Ramsey County offers Select Committee on Recycling and the Environment (SCORE) grants to cities to enhance or improve their recycling efforts. SCORE grant funding is awarded on a per capita basis and is intended to help fund the City’s recycling program. Maplewood has historically used SCORE funding to help offset the cost of collecting residential recyclables through the City’s recycling contract. SCORE funds can also be used for administration, promotional activities, equipment, and/or recycling collection. Recommended Action: Motion to approve the 2026 SCORE Grant Application. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $120,184 of SCORE grant funding with an additional $9,261 if the City achieves recycling incentives. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The 2026 recycling program budget will be subsidized by the Ramsey County SCORE grant for amounts of $120,184 to $129,445 (depending on incentives) to help fund the collection of recyclables in the City. Strategic Plan Relevance: SafetyMaintain and enhance infrastructure and environmental systems Sustainability Advance environmental stewardship initiatives Development The 2026 SCORE grant funds will be used to offset the cost of residential recycling collection by Tennis Sanitation. Maplewood’s single and multi-family residential recycling system helps the City better manage its solid waste. Council Packet Page Number 66 of 302 G6 Background: Attached is the 2026 SCORE Grant Funding Application. Ramsey County estimates the City will receive $120,184, plus $9,261 if recycling incentives are achieved. Recycling incentives proposed include outreach to businesses on the City’s small business recycling opt in program and BizRecycling grants and services for organics recycling and food waste reduction programs. The SCORE grant funding amounts will be finalized once the Minnesota Pollution Control Agency completes those details. Ramsey County requires the City Council authorize the submittal of the SCORE grant funding application. Once approved, Ramsey County updates the SCORE Grant Agreement with the updated work plan and new total award amount. Last year, the City’s SCORE grant was $97,044 plus an incentive of $14,009. The recycling incentive included improvements to park and multi-family recycling programs as follows: 1.Promote BizRecycling to Mulit-Family Properties: The City and Tennis Sanitation coordinated the rollout of recycling at two new multi-family properties and improvements at several others in 2025. Coordination includes BizRecycling staff touring the facility, providing technical advice, and information on grant opportunities for recycling and organic collection improvements. 2.Park Recycling Improvements: The Green Team is working on a park recycling pilot project at Wakefield Park. The project includes improved park recycling reporting by Tennis Sanitation, review of recycling collection procedures for future improvements, new recycling bins, signage, and a park recycling communications campaign. Attachments: 1.2026 SCORE Grant Application Council Packet Page Number 67 of 302 G6, Attachment 1 SCORE Grant Application Survey Cycle: Annual | Year: 2026 | Status: Draft Member Name: City of Maplewood Please refer to the 2026 SCORE Application Instructions for more information on completing this application. All items must be submitted for the application to be complete. Step 1 Municipality: City of Maplewood Contact Person: Shann Finwall Address: 1830 County Road B East Phone #: 6512492304 Email: shann.Ꮟ nwall@maplewoodmn.gov Population:Source of population 42,027 data: Met Council 2024 population estimates: https://metr ocouncil.or g/Data-and- Maps/Public ations-And- Resources/F iles-and- reports/202 4- Population- Estimates- (PDF).aspx MANAGE ONLY 1 of 6 Council Packet Page Number 68 of 302 G6, Attachment 1 City Demographics Educ., adults 25+: % Bach. degree+: Home-owner-ship rate: Median value owner-occ. hous: Household Income - Per capita: Household Income - Median hshd: Household Income - % Poverty: City Demographic comments: MANAGE ONLY SCORE grant base funding amount ($): 120,184.00 MANAGE ONLY Incentive funding amount ($): 9,261.00 Total grant funding possible($): 129,445.00 MANAGE ONLY 2 of 6 Council Packet Page Number 69 of 302 G6, Attachment 1 Total grant requested($): MANAGE ONLY Is this estimated or Ꮛ nalized amount? Estimated Amount Finalized Amount The following expenses are eligible for SCORE reimbursement. Check the box(es) next to the budget categories this SCORE funding will be spent: Administration Promotion Activities Equipment Collection of Recyclables Organics Collection Step2 Review your 2026 Recycling Performance Work Plan. The work plan below outlines the minimum requirements for your recycling program. Please review each requirement carefully. 2026 Recycling Performance Work Plan - Minimum Requirements 1.Complete all 2026 SCORE requirements, including reporting on time and submitting a mid-year status report. 2.Provide outreach to all residents about the municipalityଙs recycling program and submit copies of materials to Ramsey County. 3.Use Ramsey County materials and information when and where appropriate to promote increased recycling, reuse and repair (e.g., Fix-it Clinics), medicine collection, household hazardous waste, organic waste and yard waste participation. a.Send materials to Ramsey County for review prior to distribution. b.Include county contact information on materials: i. 24/7 Recycling & Disposal Hotline: 651-633-EASY (3279) ii. RamseyRecycles.com c.Provide links to the Ramsey County web pages on municipality website. 4.Regularly update recycling content on the municipalityଙs website. 5.Promote BizRecycling resources to businesses and Multi-unit Recycling. 6.Use hauler data to identify those not recycling and target educational materials 7.Ensure all multi-unit properties are meeting State law requirements to recycle and are receiving free Ramsey County resources. 8.Increase opportunities for recycling in public spaces. a.All recycling bins must be paired with a trash bin and in good condition. b.Labels must be readable. c.Promote Ramsey Countyଙs event container lending program and green event planning tips. 9.Enforce recycling contracts, including the assessment of penalties for non-compliance. a.Audit reporting by obtaining hauler weight tickets. 3 of 6 Council Packet Page Number 70 of 302 G6, Attachment 1 b. Have labels replaced if not readable. 10. Work with Ramsey County to educate and move toward Food Scraps Pick up Program for all residents. 11. Attend County Recycling Coordinator meetings and attend a yearly composition study. 12. Complete one incentive each year to improve recycling, reuse, repair, reduce and rot. 13. Additional Incentive Activities will incorporate to work to improve the EJI Index within the city. I have reviewed and understand the minimum requirements.* Do you have additional strategies to add to the work plan? Yes No Step3 In addition to base funding, the municipality is eligible to receive up to two optional incentive payments. To receive one incentive payment, the municipality must implement one incentive option below. To receive two incentive payments, the municipality must implement two incentive options below. MANAGE ONLY You are eligible to receive up to two payments. Each payment is worth ($): Would you like to apply for incentive funding? Yes No Identify up to 2 Incentive Options. The option(s) identi Ꮛ ed will become part of the Recycling Performance Work Plan:* Bulky Waste Collection. Establish an ecient and eective program to provide collection of bulky waste items from single family homes at no cost or a discounted price and that also prioritizes recycling and/or reuse. Engage Small Businesses. Include small businesses in curbside recycling services and actively engage those businesses to participate in the service. Promote BizRecycling. Actively work with and promote BizRecycling to businesses and institutions in collaboration with Ramsey/Washington Recycling & Energy for organics recycling and food waste reduction programs. Organics drop-o site. Co-sponsor an organics drop-o site with the county (for suburban cities only). Additional qualifying activity. Must be approved beforehand by Ramsey County. Please brie Ꮜ y describe how you will implement your chosen incentive(s). Maplewood's contract with Tennis Sanitation allows churches and small businesses to opt into the residential recycling program. Maplewood will work with Tennis Sanitation to promote the recycling opt in program and introduce the BizRecycling program to businesses. Maplewood conducts on site visits to multi-family properties when they request changes in the collection of their recycling through the City's residential recycling program. During the visits Tennis Sanitation and the City 4 of 6 Council Packet Page Number 71 of 302 G6, Attachment 1 detail the recycling collection options and BizRecycling completes a solid waste assessment and oers resources and grant opportunities through the BizRecycling program. Step4 Municipal recycling budget. After saving this application you will be asked to attach a copy of your 2026 municipal budget for ALL recycling activities, including ALL funding sources. If a 2026 budget has not been adopted yet, attach the most recent draft. If the budget doesnଙt list ALL expenditures and revenues speci Ꮟ c to recycling, add a supplemental table to identify this information. A Ꮟ nal copy of the adopted 2026 budget must be submitted by January 15, 2026. Other Attachments 1. A resolution from your governing body requesting 2026 SCORE funding OR a certi Ꮟ ed copy of the ocial proceedings at which the request was approved. 2. Veri Ꮟ cation of Compliance with Minnesota Statute 115A.471 and 115A.46. Please download the Waste Veri Ꮛ cation document here. You will be prompted to upload a completed Waste Veri Ꮛ cation document after saving this application. Step5 I certify that this document was prepared under my direction or supervision and that the information is true, accurate and complete to the best of my knowledge.* Name:* Shann Finwall Title:* Sustainability Coordinator FileUpload Click the 'Upload File' button to attach supporting documents as required. *Maximum Ꮛ le size is 10 MB. 1. Municipal recycling budget:* Maplewood 2026 Recycling Budget to be submitted by January 15.pdf 2. Resolution from your governing body requesting SCORE funding: No File Selected 3. Certi Ꮛ ed copy of the ocial proceedings at which the request was approved: 5 of 6 Council Packet Page Number 72 of 302 G6, Attachment 1 No File Selected 4. Veri Ꮛ cation of Compliance with Minnesota Statute 115A.471 and 115A.46:* Maplewood Waste Veri Ꮟ cation Letter 2026.pdf Created: Sep 26, 2025 at 03:50 PM CDT Filsan Ibrahim Filsan.Ibrahim@CO.RAMSEY.MN.US Last Updated: Nov 12, 2025 at 11:22 AM CST Filsan Ibrahim Filsan.Ibrahim@CO.RAMSEY.MN.US 6 of 6 Council Packet Page Number 73 of 302 G7 CITY COUNCIL STAFF REPORT Meeting Date November 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director Jon Jarosch, Assistant City Engineer PRESENTER: Steven Love, Public Works Director AGENDA ITEM: Resolution for Reduction of Retainage on Existing Contract, 2024 EAB Mitigation Project, City Project 23-17 Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: Treestory Inc. has requested the City reduce the amount of retainage held on the 2024 EAB Mitigation Project from 5% to 0%. The majority of the contract work is complete, with only ongoing tree maintenance remaining. The City Council will consider approving the attached resolution for reduction of retainage on the existing construction contract. Recommended Action: Motion to approve the attached resolution for reduction of retainage on existing construction contract for the 2024 EAB Mitigation Project, City Project 23-17. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $22,500 in retainage Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: This reduction of retainage will release $22,500 in held back retainage. The overall project cost is $537,000, of which $450,000 is covered by grant funding. No adjustments to the approved budget are necessary at this time. Strategic Plan Relevance: SafetyMaintain and enhance infrastructure and environmental systems Sustainability Advance environmental stewardship initiatives Development The City’s urban forest is an important asset to the City and the public. EAB has had a significant impact on the health of ash trees in Maplewood and the surrounding metro area. This project removed 204 EAB impacted ash trees within the City rights-of-way and active areas of City parks. Climate adaptive replacement trees were installed near tree removal locations on a one for one basis to aid in replenishing the urban tree canopy. Council Packet Page Number 74 of 302 G7 Background: On July 8, 2024, the City Council awarded a contract to Treestory Inc. for the 2024 EAB Mitigation Project, City Project 23-17. The awarded contract amount was $537,000. The project included the removal of 204 EAB-affected ash trees, the grinding of the stumps, the restoration of the stump area, and the installation of climate-adaptive replacement trees funded through a $450,000 grant from the MnDNR. Also included with this project were three years of tree maintenance, which is being funded by the City. Treestory Inc. has completed all work funded through the grant, as well as the first year of tree maintenance. They will continue to maintain the trees in 2026 and 2027, ensuring the City is left with healthy trees at the end of the maintenance period. A reduction in contract retainage from 5% to 0% is justified at this time, as the contractor has completed the tree removal, planting and restoration portion of the grant project. Once retainage is released, the City will request full grant reimbursement from the MnDNR. Payment for tree maintenance in 2026 and 2027 will be made when completed. Attachments: 1. Resolution for Reduction of Retainage on Existing Contract Council Packet Page Number 75 of 302 G7, Attachment 1 RESOLUTION REDUCTION OF RETAINAGE ON EXISTING CONTRACT 2024 EAB MITIGATION PROJECT, CITY PROJECT 23-17 WHEREAS, the City Council of Maplewood, Minnesota, has ordered Improvement Project 23- 17, 2024 EAB Mitigation Project, and has let a contract pursuant to Minnesota Statutes; and WHEREAS, the Contractor, Treestory Inc., has completed the majority of the project contract work, with only ongoing tree maintenance in 2026 and 2027 remaining. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Maplewood, Minnesota: 1.A reduction in retainage on the contract is hereby authorized, at the discretion of the City Engineer, from 5% to 0% th Approved this 24 day of November, 2025. Council Packet Page Number 76 of 302 I1 CITY COUNCIL STAFF REPORT Meeting Date November 24, 2025 REPORT TO:MichaelSable, City Manager REPORT FROM:Michael Sable, City Manager PRESENTER:Mychal Fowlds, IT Director Steve Love, Public Works Director Danette Parr, Community Development Director AGENDA ITEM: Budget Presentation– Information Technology, Public Works, and Community Development Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: As part of the 2026 budget process, department heads from all departments will be highlighting budget priorities. Information Technology (IT), Public Works (PW), and Community Development (CD)departments will provide an overview of priorities for 2026 and highlight notable changes. Recommended Action: No Action Needed Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $10,169,233 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Safety Sustainability Maintain strong financial health and stability Development City staff are committed to providing the Mayor and Council members, stakeholders and taxpayers with information pertaining to each department that is clear and transparent prior to formal approval of the 2026 budget. Background Staff began its budget process in the spring of 2025. As part of this process, department heads met with the City Manager and Finance Director to discuss priorities in 2026. In August and September, our City Manager and Finance Director provided the City Council with budget scenarios prior to formally setting the levy limit in September. Prior to formally approving the 2026 budget, each Council Packet Page Number 77 of 302 I1 department head will provide an overview of their 2026 budget, discuss priorities for the year ahead and address questions. Attachments 1.PowerPoint Presentation a. Information Technology b. Public Works c. Community Development 2. Department Memos a. Information Technology b. Public Works c. Community Development Council Packet Page Number 78 of 302 I1, Attachment 1a Council Packet Page Number 79 of 302 I1, Attachment 1a Council Packet Page Number 80 of 302 I1, Attachment 1a Council Packet Page Number 81 of 302 I1, Attachment 1a Council Packet Page Number 82 of 302 I1, Attachment 1a Council Packet Page Number 83 of 302 I1, Attachment 1b November 24, 2025 Budget Public Works Overview Council Packet Page Number 84 of 302 I1, Attachment 1b Council Packet Page Number 85 of 302 I1, Attachment 1b Council Packet Page Number 86 of 302 I1, Attachment 1b Council Packet Page Number 87 of 302 I1, Attachment 1b Council Packet Page Number 88 of 302 I1, Attachment 1b Council Packet Page Number 89 of 302 I1, Attachment 1b Council Packet Page Number 90 of 302 I1, Attachment 1b Council Packet Page Number 91 of 302 I1, Attachment 1b 20.5% of EAB ManagementPark InvestmentsStreet ImprovementsUpgrading Utility Locate SystemCommunity EventsMaintenance of Existing Assets General Fund Budget Key Initiatives¤¤¤¤¤¤ Council Packet Page Number 92 of 302 I1, Attachment 1b Budget Changes ¡Ƈăňiją϶ËŗŵńŹ϶Аňň϶?ijƚijŹijŗŏ Council Packet Page Number 93 of 302 I1, Attachment 1b Budget Changes Starting in July 202620% Gen Fund40% EUF 40% SRF ¤¤¤¤ 1 New Park Maintenance Worker 1 New Street Maintenance WorkerContractual Wage Adjustments ¤¤¤ 9% Increase 2025 to 2026Salaries/Wages/Benefits ¤¤ Council Packet Page Number 94 of 302 I1, Attachment 1b Private and Public Budget Changes ¤ Public Works Facilities StudyUpgrading Management and Processing of Utility LocatesHazard Cleanup on City PropertiesOpen Space ManagementTree EvaluationsContractor Tree RemovalCommunity Outreach FundingRising Costs of MaterialsFleet, Technology, Insurance, etc. ¤¤¤¤¤¤¤¤¤ Professional ServicesSupplies & MaterialsInternal Charges ¤¤¤ Council Packet Page Number 95 of 302 I1, Attachment 1b Facility ManagementCentury Ponds DevelopmentWinter MaintenanceParks Funding Dedication FeesStreet AssessmentsEquipment FundingManagement of Right of WayOak Wilt Management Looking Ahead¤¤¤¤¤¤¤¤ Council Packet Page Number 96 of 302 I1, Attachment 1c Council Packet Page Number 97 of 302 I1, Attachment 1c Council Packet Page Number 98 of 302 I1, Attachment 1c Council Packet Page Number 99 of 302 I1, Attachment 1c Council Packet Page Number 100 of 302 I1, Attachment 1c Council Packet Page Number 101 of 302 I1, Attachment 1c Council Packet Page Number 102 of 302 I1, Attachment 1c Council Packet Page Number 103 of 302 I1, Attachment 2a DATE:November 17, 2025 TO:Michael Sable, City Manager FR OM:Mychal Fowlds, IT Director RE:2026Budget Memo forIT City of Maplewood Mission: To sustainably provide for health, safety and quality of life for all. The budget should align with the City’s Strategic Priorities: Sustainability The 2026 IT budget strengthens long-term sustainability by modernizing our technology foundation and improving how we support departments. Adjustments for industry-wide hardware and software cost increases, added Microsoft 365 capabilities, and continued Software Continuous Improvement ensure the City maintains secure, supported, and efficient systems. The addition of a part-time intern and the shift of an IT Technician into the IT budget improve capacity and reduce departmental silos, supporting a more stable and sustainable service model. IT Governance and Training & Development help us prioritize projects, maximize existing investments, and ensure our workforce is equipped to fully utilize the tools we provide. Safety Safety remains a top priority, and the 2026 budget reflects critical enhancements that protect City operations—especially public safety services. New investments include expanded Microsoft 365 security capabilities, CrowdStrike endpoint security, and a SIEM platform required for CJIS compliance. These improvements significantly reduce cyber risk, strengthen threat detection, and protect Police, Fire, and emergency operations from service interruptions. DR/Business Continuity planning continues to ensure essential systems remain available during outages or security incidents. Training & Development further supports safety by improving staff awareness of threats and reinforcing secure technology practices. Development The 2026 initiatives support community and organizational development by enabling more modern, efficient, and responsive City services. Innovation efforts, combined with enhanced Microsoft 365 capabilities, help departments expand digital services, streamline processes, and create better resident experiences. The addition of an intern and the consolidation of staffing under the IT budget improve CityofMaplewood ITDepartmentOffice 651-249-2923 1830 County Road B Eastwww.maplewoodmn.gov Maplewood, MN 55109 Council Packet Page Number 104 of 302 I1, Attachment 2a coordination, knowledge sharing, and capacity for new projects. IT Governance ensures technology investments align with departmental and citywide development priorities, while ongoing Software Continuous Improvement helps departments adopt and optimize tools that support growth and continuous improvement. Budget Request Summary: Department Goals In 2026, the IT Department will focus our efforts onemphasizinginnovation, improved training, and continuous software improvement to modernize services and maximize the value of existing platforms. We will advance cybersecurity with enhanced protections, monitoring, and CJIS-aligned controls while expanding disaster recovery and business continuity capabilities to ensure uninterrupted public safety and citywide operations. Updated IT governance processes will help us prioritize resources, support strategic growth, and improve cross-department collaboration. Together, these initiatives position Maplewood to operate more efficiently, securely, and effectively for years to come. Innovative Revenue Sources As an internal service to Departments, the ITDepartment does not generate revenue. Resource Sharing Opportunities The City continues to strengthen resource-sharing opportunities through continuedpartnerships with Metro-INET, Ramsey County, the Ramsey County GIS Users Group, and other regional organizations, allowing us to leverage shared expertise, infrastructure, and best practices to enhance service delivery and reduce costs. Dollar Impact Salaries/Wages/Benefits areour largest increase and is duein large partto an IT Technician position being moved from the Police Department budget to the IT budget. Our budget also includes part-time wages for a summer intern to assist with computer rollouts. The Supplies and Materials budget includesadjustments for the increase in computer replacement costs that we’re seeing. Professional Services hasincreased predominantly due to increasingfees for software subscriptionsand an increase in the cost of virtual server hardware and software infrastructure provided by Metro-INET. Strategic Plan Alignment These investments—including hardware and software lifecycle updates, expanded Microsoft 365 capabilities, enhanced cybersecurity tools such as CrowdStrike and a SIEM, and strategic staffing CityofMaplewood–ITDepartment Council Packet Page Number 105 of 302 I1, Attachment 2a adjustments—directly support the City’s goals for Sustainability, Safety, and Development by strengthening operational stability, protecting critical systems, and improving service delivery citywide. Prioritized Budget Increases As stated above, salaries, wages, and benefits make up the largest increase in our 2026 budget, mainly because the existing IT Technician position is moving from the Police Department budget into the IT budget—this is simply a budget shift, not a new position. We’re also including part-time wages for a summer intern to help with computer rollouts and build our bench, though that’s an area we can scale back if needed. Supplies and materials are increasing due to increased hardware replacements and the associated costs. While it’s important to invest in our equipment to ensure that the devices staff utilize are consistently available this is an area that we have flexibility on if needed. The increase in professional services is largely due to increased costs for software subscriptions, security enhancements and virtual server infrastructure. Staff has much less flexibility with these items as they support core functions and applications for the City. City of Maplewood – IT Department Council Packet Page Number 106 of 302 I1, Attachment 2b DATE:November 1, 2025 TO:Michael Sable, City Manager Joe Rueb, Finance Director FROM:Steven Love, Public Works Director RE:2026 Budget Memo forPublic Works City of Maplewood Mission: To sustainably provide for health, safety, and quality of life for all. Sustainability Sustainability is a cornerstone of responsible city management. In Public Works,sustainability is achieved by ensuring that essential services and infrastructure support both currentand future generations. Throughthe City’sorganized trash and recycling program, landfill wasteis reduced, resourcesare recovered, and environmental impacts are minimized. TheCity’scontinued work onclimate mitigation planningsets goals for lowering greenhouse gas emissions and promoting energy efficiency across municipal operations. Sustainability extends to the maintenance and improvement of City infrastructure. Projects such as street reclamation not only rehabilitate aging roadways but also reusethe old pavement and road base to make a new road cross-section. Stormwater improvements implemented as part of street reconstruction projects are designed to meet both treatment and infiltration requirements, thereby improvingthe quality of stormwaterentering the downstream system. Maintaining storm and sanitary sewer systems with sustainability in mind ensures the protection of waterways and public health. Proactive fleet maintenance helps keep the fleet running and extendsthe life of equipment. Additionally, management of parks and preserves helps to sustainthe City’s natural resources and providesopportunities for the public to enjoy them. Safety Safety within a public works department is fundamental to protecting both employees and the public while ensuring that essential City services operate reliably. The management of storm sewer and sanitary sewer systems is central to public health and safety. Propermaintenance helps reduce flooding risks, backups, and property damage. Regular inspections, maintenance, cleaning, and upgrades to these systems help mitigate hazards that could impact neighborhoods and infrastructure. Safety is also enhanced through pedestrian and ADA improvements, which ensure that sidewalks, CityofMaplewood Office of the City ManagerOffice651-249-2055 1830 County Road B Eastpublic.works@maplewoodmn.gov Maplewood, MN 55109www.maplewoodmn.gov Council Packet Page Number 107 of 302 I1, Attachment 2b crosswalks, and public spaces are accessible and secure for all residents.These projects not only enhance public safety but also promote inclusivity and reduce the risk of accidents for people of all ages and abilities. A strong commitment to safety is evident in the City’s approach to managing diseased and hazardous trees. The removal of ash trees from public land and rights-of-way, for instance, is essential to prevent injuries and property damage caused by trees weakened by disease or pests such as the emerald ash borer. Public Works manages a private tree removal relief program that helps property owners faced with the costs to remove a diseased/hazardous tree. During the winter months, snow removal from roads, sidewalks, and trails is critical. This work helps to ensure safe travel for vehicles, pedestrians, cyclists, and emergency response events. Implementing street designs that encourage lower traffic speeds enhances neighborhood safety and reduces the severity of collisions. Behind the scenes, routine equipment inspections and maintenance protect public works employees by ensuring that machinery and vehicles are operating safely and effectively. Maintenance of City parks and playgrounds ensures that the public has access to safe and quality outdoor areas. Safety training for staff helps to keep our staff safe and reduce on-the-job injuries. Together, these measures create a culture of safety that prioritizes prevention, preparedness, and protection throughout all public works activities. Development Development within the Public Works Department takes many forms. The department remains committed to enhancing staff skills and capabilities through professional development opportunities, including conferences, training sessions, and in-house cross-training. Staff also continues to explore new technologies to improve service delivery and operational efficiency. One example is the City’s asset management system, which tracks infrastructure, assesses condition ratings, manages public requests, and provides data to support grant funding opportunities. In 2026, staff will explore new technologies to further improve the systems used for utility locates and pavement ratings. Budget Request Summary: 2025 2026 Change 2027 Change Public Works (General Fund) Original Budget from 2025 Conceptual from Budget RequestBudget 2026 Salaries/Wages/Benefits 3,327,506 3,551,8017% 3,729,391 5% Supplies & Materials 465,300 493,9006% 518,595 5% Professional Services 950,870 1,152,27021% 1,209,884 5% Internal Charges 1,093,860 1,185,7378% 1,245,023 0% Capital Outlay - -0% - 0% Other Services - -0% - 0% TOTAL 5,837,536 6,383,7089% 6,702,893 5% City of Maplewood - Office of the City Manager Council Packet Page Number 108 of 302 I1, Attachment 2b Department Goals The primary strategic goal of the Public Works Department is to manage and maintain the City’s infrastructure, ensuring that safe and reliable services are provided to the public. Public Works oversees City roads, sidewalks, trails, sanitary sewers, storm sewers, fleet, parks, open spaces, and facilities. Innovative Revenue Sources The City’s gas and electrical franchises generate additional funding to support capital improvement projects and infrastructure maintenance. For capital improvement projects, this funding helps cover a portion of the project's construction costs and provides funding for property assessments. The franchise funding helps reduce the amount of bonding required for these projects, which in turn helps manage the City’s debt level. Staff continue to pursue grant funding opportunities to reduce the City’s costs for maintenance and improvement projects. These include funding sources such as the MN DNR, MnDOT, State funding, Metropolitan Council, Ramsey Washington Metro Watershed District (RWMWD), and others. Staff also partners with local agencies, such as Ramsey County and RWMWD, as well as neighboring cities, to complete joint projects. This enables resource pooling to achieve various goals. Resource Sharing Opportunities Public Works will continue to support other departments, helping them achieve their goals and meet the public's needs. The Parks and Natural Resources Division of Public Works helps facilitate community public engagement events. Public Works maintenance staff help with events such as the tree sale, Friday Night Fireworks, and Celebrate Summer events. The Engineering Division of Public Works routinely collaborates with the Community Development Department on development/redevelopment projects, such as the Century Ponds development, as well as on code enforcement items. Public Works seeks out and collaborates with external groups, including Century College, neighboring cities, and local agencies, to develop and complete joint projects. This enables resource pooling to achieve various goals such as open space projects, solving drainage issues, and joint street improvement projects. Dollar Impact The proposed 2026 budget includes $224,295 (7%) in salary, wage, and benefit increases. The proposed increase includes the addition of one new park maintenance position and one new street/storm sewer maintenance position. The park maintenance position is proposed to be added in July 2026 to help meet the maintenance needs of the park system, which will grow with the addition of the Century Ponds development. It will also assist in winter maintenance and the maintenance of the City's facility grounds. To minimize the impact on the General Fund, the street/storm sewer maintenance position is proposed to be funded 20% from the General Fund, 40% from the Street Revitalization Fund, and 40% from the Environmental Utility Fund. Over the years, the City’s street improvement projects have included upgrading/expanding the storm sewer system, as well as adding pedestrian improvements. This position will help staff meet the maintenance demands of these City of Maplewood - Office of the City Manager Council Packet Page Number 109 of 302 I1, Attachment 2b expanded systems, including winter maintenanceactivities. The increase also includes additional staff training and reflects contractual wage adjustments, as well as changes to insurance, leave, and retirement benefits. The 2026 budget also includes a $28,600 (6%) increase in supplies and materials. This includes increases for community outreach events and to meet the rising costs for supplies and materials. Professional Services is proposed to increase by $201,400 (21%) in 2026. The proposed increase includes funding for a facility study of the Public Works facilities to help determine the existing conditions of the facilities and the department's future space needs. In the 2026 budget, funding is allocated for upgrading the process and management of utility locates performed by the City. The proposed solution will integrate the State's system with the City’s asset management system. This will enable staff to efficiently manage locate requests within the same system that they access for utility information and location data. The proposed increase also includes funding for hazard cleanup on City properties, management of diseased/hazardous trees, and management of City open spaces The 2026 budget also includes a $91,877 increase for internal charges such as IT and fleet expenditures. Strategic Plan Alignment The 2026 Public Works operational budget requests align with the strategic priorities of Development, Safety, and Sustainability. These requests help ensure that staff have access to the necessary equipment, materials, and funding to meet the strategic priorities, maintain the City’s infrastructure, continue to train and develop staff’s skills, and respond to the public's needs. Prioritized Budget Increases Priority 1: The proposed 2026 Public Works budget includes $224,295 in salary, wage, and benefits increases. The addition of a Park Maintenance staff and a Street/Storm Sewer staff will help Public Works maintain the City’s growing infrastructure network and meet the needs of our residents. This work has a direct impact on the quality of life for all those who live, work, and visit the City of Maplewood. Priority 2: The proposed 2026 Public Works budget includes $201,400 in professional services increases. These increases will help determine the current condition of the Public Works facilities and future space needs. Additionally, there will be increased funding for managing diseased and hazardous trees, hazard cleanup on City properties, open space and preserve management, and upgrading the management of utility locates. Priority 3: The proposed 2026 Public Works budget includes $28,600 in supplies and materials increases. This includes costs related to materials necessary for maintaining the City’s infrastructure system, parks, and open spaces. Additionally, there is an increase in program supplies for community outreach events. City of Maplewood - Office of the City Manager Council Packet Page Number 110 of 302 I1, Attachment 2c DATE:November 19, 2025 TO:Michael Sable, City Manager Joe Rueb, Finance Director FROM:Danette Parr, Community Development Director RE:2026Budget Memo fortheCommunity Development Department City of Maplewood Mission: To sustainably provide for health, safety, and quality of life for all. The budget should align with the City’s Strategic Priorities: Sustainability The Community Development Department will continue to support green development andinvest extra care in planreview and inspections related to unique projects that incorporate green technology. In addition, staff will be considering additional sustainability revisions to the new building code that is anticipated to be released in 2026. Our team will continue to look for technological efficiencies to encourage sustainability, such asseeking toreplace inspection fleet vehiclesin the coming years with more energy efficientoptions. In addition, we plan to add Geotab Telematics, which tracks all aspects ofvehicles, to assist with asset management. Safety The Community Development Department is always striving to establish new ways to addressaging and unsafe properties throughout the city and will continue these efforts in 2026 through the following initiatives: Launch a revolving Housing Rehabilitation Fund. Develop and launch a pilot program to support environmental health, rental housing and nuisance code issues by providing one-time assistanceto residents experiencing significant non-compliance within their dwelling or on their property. Continue to work with property owners to remedy blighted sites through renovation or demolishing structures to create opportunities for reinvestment. Launch a 12-week summer intern program to assist with proactively educating property owners in areas related to property maintenance, code compliance and public health. Establish and launch a housing rental training program to educate owners and managers of rental properties. CityofMaplewood Office of the City ManagerOffice651-249-2055 1830 County Road B EastFax651-249-2059 Maplewood, MN 55109www.maplewoodmn.gov Council Packet Page Number 111 of 302 I1, Attachment 2c Development The Community Development Department continues to invest in staff training and development. In 2025, we implemented an apprentice model for the building division, which ultimately led to the hiring of a full-time building inspector. The Community Development Department has continued to focus on targeted redevelopment and opportunities to support new investments in all sectors of the city. In 2026, the department will be engaged in the following initiatives: Pursue grants for redevelopment efforts. Seek funding sources to assist with 2050 Comprehensive Plan Update. Develop and launch the 2050 Comprehensive Plan Update process. Engage in a market study to identify housing needs. Market outside funding opportunities and connect businesses with existing resources. Create and launch a scattered site housing program in partnership with a nonprofit partner. Promote sustainability through updated zoning and building codes. Develop a Request for Proposal (RFP) for the former Moose Lodge property. Create and host an event to facilitate relationships with developers and educate them on redevelopment opportunities. Facilitate the creation of marketing material that can be used as part of attraction efforts. Create and launch a refreshed Business Retention, Expansion and Attraction (BRE&A) program. Establish funds for strategic land acquisition, demolition, and re-development opportunities. Consider zoning amendments in and around job centers and transit corridors to encourage new development. Leverage technology to enhance customer efficiency with a focus on refining Accela software offerings and other programs to further automate permitting processes. Proactively work to position opportunity sites for redevelopment. Establish a Business Subsidy Policy. Continue to monitor and proactively intervene regarding blighted sites that are in need of restoration or demolishing. City of Maplewood - Office of the City Manager Council Packet Page Number 112 of 302 I1, Attachment 2c Budget Request Summary Administration Division(Planning, Health, Rental, Code Enforcement) 2027 2025 2026 Change Change Community Development - Conceptual Original Budget from from 701 Budget BudgetRequest20252026 Salaries/Wages/Benefits898,951950,0726% 997,5755% Supplies & Materials5,00011,775136%12,3645% Professional Services 108,319110,6502% 116,1835% Internal Charges 95,870116,87722% 122,7215% CapitalOutlay--0%-0% Other Services --0% -0% TOTAL 1,108,1401,189,3747% 1,248,8435% Building Division 2027 2025 2026 Change Change Community Development - Conceptual Original Budget from from 703 Budget BudgetRequest2025 2026 Salaries/Wages/Benefits829,339840,0881% 882,0925% Supplies & Materials5,50010,27587% 10,7895% Professional Services 79,60079,6000% 83,5805% Internal Charges 27,69029,0755% 30,5285% CapitalOutlay --0% -0% Other Services --0% -0% TOTAL 942,129959,0382% 1,006,9895% Department Goals Ongoing training and staff development opportunities will continue to strengthen our department and support the successful launch of the numerous new initiatives in 2026, described earlier in this memo. The cornerstone of this work is to provide exceptional service, a culture that supports and empowers people, and strong relationships. Innovative Revenue Sources We continue to outsource certain plan review and inspection tasks to be efficient with staffing levels. We carefully select which plans and projects are assigned to our outside consultants to maximize revenue, without compromising project timelines. Dollar Impact The largest portion of the department’s budget continues to be for salaries, wages and benefits with a 4% increase. Iin addition, additional funding is needed for supplies and materials to receive access to City of Maplewood - Office of the City Manager Council Packet Page Number 113 of 302 I1, Attachment 2c the new Building Code that is anticipated to be adopted in 2026.Severalnew resident assistance programs are hoped to be launched as well as to provide education and assistance. Strategic Plan Alignment The 2026 Community Development Department’s budget increase request supports and aligns with the city’s overall mission of sustainably providing for health, safety, and quality of life for all while advancing several of the city’s strategic priorities. Prioritized Budget Increases In order to maintain service levels while also proactively introducing new programs to the department in 2026, the following are priority increases: Salaries, wages, and benefits - $1,790,160 Updating Building Code books and/or online access - $3,000 Geotab Telematics Asst Management for inspections vehicles - $7,550 Environmental health, rental housing and nuisance code program for one-time assistance to residents experiencing significant compliance issues - $5,000 12-week summer internship program to assist with resident education, enforcement and other department needs - $15,000 City of Maplewood - Office of the City Manager Council Packet Page Number 114 of 302 J1 CITY COUNCIL STAFF REPORT Meeting Date November 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Church of Pentecost, 1701 Gervais Avenue East a. Conditional Use Permit Resolution b. Design Review Resolution c. Wetland Buffer and Parking Setback Variance Resolution Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Summary: The Church of Pentecost is proposing an expansion of its building and parking lot at 1701 Gervais Avenue East. The proposal includes an addition on the south side of the building, an expansion of the parking lot, and adding three stormwater basins for the property. To move forward with the proposal, the applicant requests approval for a conditional use permit, design review, and variances for a wetland buffer and parking setback. Recommended Action: a. Motion to approve a conditional use permit resolution for a religious facility at 1701 Gervais Avenue East, subject to certain conditions of approval. b. Motion to approve a design review resolution for a building addition and parking lot expansion at 1701 Gervais Avenue East, subject to certain conditions of approval. c. Motion to approve a wetland buffer and parking setback variance resolution for a building addition and parking lot expansion to be constructed at 1701 Gervais Avenue East. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Safety Sustainability Focus Area: Development Strenghten human connection and community growth Council Packet Page Number 115 of 302 J1 The city deemed the project application complete on September 10, 2025. The initial 60-day review deadline for a decision is November 9, 2025. As stated in Minnesota State Statute 15.99, the city can take an additional 60 days, if necessary, to complete the review. To ensure adequate review time, the city has extended the deadline to January 8, 2026. Background: The Church of Pentecost proposes to construct a building addition to the south side of the existing church, located at 1701 Gervais Avenue East. This includes expanding the sanctuary, remodeling the interior reception area, classrooms, and offices. On the exterior, the plan expands the parking lot, adds three stormwater basins, and overall site landscaping. Conditional Use Permit City code requires a conditional use permit (CUP) for a religious facility in any zoning district. While a religious facility has operated for many years on the site, the property does not have an existing CUP. The expansion requires the property to comply with the city requirements. Design Review The existing one-story building is 3,126 square feet in size, situated at the center of the property. The proposed addition to the south side of the building is 3,668 square feet in area. The site is accessed from the existing entrance off Gervais Avenue and Flandrau Street. Both access points are to be rebuilt, with access off Flandrau being relocated slightly south, closer to the building entrance. The parking lot is proposed to be expanded on the south side of the addition and the north side of the existing building. Setbacks The building is required to be 30 feet from the property lines along Flandrau Street and Gervais Avenue, and 61 feet from the residential property line to the north. There is no required building setback to the west property line. The existing building and proposed addition will meet required building setbacks as shown to be 205.8 feet from the north residential property line, 88.4 feet from Gervais Avenue, 35.2 feet from Flandrau Street, and 50 feet from the west property line. The required parking setback is 15 feet from the Flandrau Street and Gervais Avenue property lines, 20 feet from the north residential property line, and 5 feet from the west property line. The current parking lot for the church encroaches between two and five feet into the 15-foot required setback along Flandrau Street. The expanded parking area north of the building is five feet from the east property line, requiring a parking setback variance. The parking lot setbacks to the north, south, and west property lines are achieved. Building Elevations The existing one-story masonry brick building has a pitched roof and is 30.5 feet in height at its peak. The building addition will also be 30.5 feet in height but will feature a flat roof. The materials for the addition are cement panel siding in an off-white color, accompanied by aluminum metal trim and framing in natural and silver grays. Signage The elevations show wall signage for the church. However, any signage on the property is subject to review by the city and requires a separate permit for the installation of signs. All site signage must meet the city’s sign code. Council Packet Page Number 116 of 302 J1 Landscaping and Screening The proposed landscape plan shows that 32 trees would be removed, and 50 new trees would be planted. Additional shrubs, grasses, and perennial flowers are planned for the site. The environmental review details the specific requirements for plantings and mitigation strategies related to the wetland. The applicant will work with staff to submit a revised tree plan and landscape plan that incorporates all remaining environmental review requirements and recommendations before obtaining a permit. A landscaped area within the 20-foot parking setback to the north property line is shown, screening the parking lot from the adjacent residential property as required. Parking City code requires a religious facility to provide one parking space for every four people, based on the maximum occupancy of the building. Once the addition is complete, the maximum building occupancy would be 270, requiring 67.5 parking stalls. The site currently has 38 parking stalls, and the plans show an additional 30 stalls with the parking lot expansion, which will meet the City’s parking code. Lighting The applicant submitted a lighting plan that illustrates the location and types of lighting that meet ordinance requirements. The site plan confirms that the light spread and foot-candle levels at the property lines meet code requirements. Wetland Buffer Variance The site has a wetland on the northwest corner, and before the applicant’s proposal to the city it was classified as a manage A wetland. The applicant submitted a wetland delineation and reclassification to the Ramsey-Washington Metro Watershed District. The watershed district approved the delineation to reclassify the wetland from Manage A to Manage B. City code requires a 75-foot wetland buffer around a Manage B wetland. The project will involve grading up to the wetland edge for the installation of a stormwater discharge pipe, one of the infiltration basins, and a portion of the expanded parking lot, requiring a variance of 75 feet for the wetland buffer. The details are further outlined in the applicant’s narrative and the environmental review. Wetland Buffer Mitigation Plan In areas where grading occurs in the wetland buffer, the applicant proposes adding native seed, planting native trees, and installing plugs along the rain garden. In the undisturbed areas of the wetland buffer, the applicant proposes removing all invasive species, overseeding with native seed, and planting native plugs along the graded buffer area. The addition of the sizable rain garden adjacent to the parking lot will include native plantings that retain parking lot runoff, promote infiltration, and provide water quality before discharging stormwater downstream to the wetland. Parking Setback Variance The parking lot expansion on the northeast side of the site will encroach into the required 15-foot setback to the east property line along Flandrau Street, requiring a 10-foot parking lot setback variance. The current parking lot along the east side of the site encroaches between two and five feet into the required setback. The applicant considered various parking alternatives, including proof of parking, locating stalls elsewhere on the property, and shared parking or on-street parking, which were discussed with staff, the planning commission, and the ENR commission. Council Packet Page Number 117 of 302 J1 The site has significant grade changes along the west side of the building, making it an impractical location for the parking expansion. The applicant does not wish to pursue shared parking with properties across Gervais Avenue, as this wouldn’t be a long-term solution for the property and would require their visitors to cross the road frequently. The proposed parking lot expansion will increase on-site parking to meet the city’s parking requirements and reduce any impact on the adjacent residential neighborhood from on-street parking. Variance Findings To approve a variance, the City Council shall apply the findings for variance approval as required in Minnesota Statutes, which state: 1. The variance is in harmony with the general purposes and intent of the ordinance. 2. The variance is consistent with the comprehensive plan. 3. The applicant establishes practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable, (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and (3) the proposal will not alter the essential character of the locality. Summary The applicant proposes a reasonable expansion of the building and parking lot, considering the narrow parcel, the grade changes on the west side of the site, and the proximity to the wetland. The expanded parking area will closely match the existing setback along the Flandrau property line and will not encroach further or alter the neighborhood's essential character. The site currently lacks screening between the parking lot and the residential property across Flandrau Street; however, with the proposal, landscaping will be incorporated into the setback and right-of-way area, providing a visual barrier that does not currently exist. The applicant has proactively worked with city staff to revise the project plans and incorporate best practices into the wetland buffer mitigation plan. The water runoff in the area is currently untreated before being discharged into the wetland. The proposal, although it will immediately affect the wetland buffer during grading and construction, will have a long-term positive impact and improve water quality in the future. The proposal meets the intent of the zoning ordinance and is consistent with the city’s comprehensive plan. Commission and City Council Review Community Design Review Board October 21, 2025: The CDRB reviewed the design plans. The board inquired about phasing the parking expansion by providing proof of parking on the site plan to mitigate the impact on the wetland buffer. The board recommended the applicant discuss with staff, the planning commission, and the city council about phasing in parking to reduce immediate encroachment on the wetland in the northern portion of the parking lot. The board voted to approve the design plans as presented. Planning Commission October 21, 2025: The Planning Commission held a public hearing and reviewed the proposal. The commission discussed phasing in parking by providing proof of parking or adding parking stalls elsewhere on the site with the applicant and staff. Following the discussion, the commission did not recommend changes to the plans. The commission voted to approve the conditional use permit and the variances for the wetland buffer and parking setback as presented. Council Packet Page Number 118 of 302 J1 Environmental and Natural Resources Commission November 12, 2025: The ENR reviewed the proposal and discussed the wetland buffer impact and required mitigation strategies. The commission discussed changes to the site plan to reduce the buffer variance and tree removal, including underground stormwater management, proof of parking, and shared parking. Following the discussion, the commission did not recommend changes to the plans but added one mitigation strategy to ensure the removal and management of invasive species in the wetland buffer and in the areas on the north and west sides of the church, as well as overseeding this area with native seed. The commission recommended approval of the wetland buffer variance as presented. Department Comments Fire – Jerry Novak, Fire Marshal A sprinkler system and fire alarm system will be required for the building. Building – Randy Johnson, Building Official The proposed building must be constructed to meet the minimum requirements of the Minnesota State Building Code. The addition and existing building will need a fire sprinkler system in accordance with Minnesota Rule 1306. The building is required to be accessible in accordance with the Minnesota Accessibility Code. The exterior accessible route shall be a slope not steeper than 1:20 and 48 inches wide in accordance with Minnesota Rule 1341.0403. Additional details must be provided with the building permit regarding the intended use of the lower-level hall, upper mezzanine, and the chair lift serving the lower level to ensure code compliance. Environmental – Shann Finwall, Sustainability Coordinator, and Katelyn Bergstrom, Natural Resources Coordinator Please see the environmental review dated November 11, 2025 (attached). Engineering – Jon Jarosch, Assistant City Engineer Please see the engineering review dated September 9, 2025 (attached). Public Comments Staff sent a public hearing notice and application details to the properties within 500 feet of the subject property. One emailed comment was received (attached). Reference Information Site Size: 1.43 Acres Surrounding Land Uses North: Residential Dwellings South: Light Manufacturing/Commercial Businesses East: Residential Dwellings West: Open Space/Park Land Planning Existing Land Use: Institutional Existing Zoning: R1, Single-Dwelling Residential Council Packet Page Number 119 of 302 J1 Attachments: Conditional Use Permit Resolution Design Review Resolution Wetland Buffer and Parking Setback Variance Resolution Overview Map Future Land Use Map Zoning Map Wetland Overlay Map Application Narrative Site and Elevation Plans Engineering Review Dated September 9, 2025 Environmental Review Dated September 5, 2025 Public Comment Dated October 18, 2025 CDRB Meeting Minutes Dated October 21, 2025 Planning Commission Meeting Minutes Dated October 21, 2025 ENR Meeting Minutes Dated November 12, 2025 Presentation Council Packet Page Number 120 of 302 Attachment 1 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 The Church of Pentecost has requested a Conditional Use Permit for a religious facility on the property at 1701 Gervais Avenue East. 1.02 The property located at 1701 Gervais Avenue East is legally described as: The South Half of the West Half of Lot 3, E.G. Roger’s Garden Lots, Ramsey County, Minnesota, according to the recorded plat thereof. Except: The East 30.00 feet and the North 180.00 feet thereof. PIN: 102922140047 Section 2. Standards. 2.01 General Conditional Use Permit Standards. The City Ordinance states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed, and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific Conditional Use Permit standards. Council Packet Page Number 121 of 302 Attachment 1 Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1.On October 21, 2025, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission allowed everyone to speak and present written statements at the hearing. The Planning Commission recommended that the City Council approve this resolution. 2.On November 24, 2025, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5. City Council 5.01 The City Council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All ground-mounted and roof-mounted mechanical equipment and trash receptacles shall be screened according to the ordinance. 2.All construction shall follow the approved plans. The director of community development may approve minor changes. 3.The proposed construction must be substantially started within one year of council approval, or the permit shall become null and void. 4.The city council shall review this permit in one year. 5.The applicant shall meet the conditions outlined in the design review resolution. Council Packet Page Number 122 of 302 Attachment 2 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 The Church of Pentecost has requested design review approval to construct a building and parking lot addition on the property at 1701 Gervais Avenue East. 1.02 The property located at 1701 Gervais Avenue East is legally described as: The South Half of the West Half of Lot 3, E.G. Roger’s Garden Lots, Ramsey County, Minnesota, according to the recorded plat thereof. Except: The East 30.00 feet and the North 180.00 feet thereof. PIN: 102922140047 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing, or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly, and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. 2.02 The community design review board reviewed this request on October 21, 2025, and voted to approve it. 2.03 The proposal meets the specific findings for design review approval. Section 3. City Council Action. 3.01 On November 24, 2025, the city council discussed this resolution. They considered reports and recommendations from the community design review board and City staff. 3.02 The above-described site and design plans are hereby________ based on the findings outlined in Section 2 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans. Approval is subject to the applicant doing the following: 1.If the city has not issued a building permit for this project, repeat this review in two years. Council Packet Page Number 123 of 302 Attachment 2 2.All fire marshal and building official requirements must be met. 3.Satisfy the requirements in the engineering review by Jon Jarosch, dated September 9, 2025. 4.Satisfy the requirements in the environmental review by Shann Finwall, dated November 11, 2025. 5.The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 6.The applicant shall install a stop sign at the property exits on Gervais Avenue and Flandrau Avenue. 7.Per city ordinance standards, all mechanical equipment and trash receptacles shall be screened from the view of all nearby residential properties or adjacent public streets. The location and type of screening must meet city ordinance requirements. 8.Any signage on the property is subject to review by the city and requires a separate permit for signs. All site signage must meet the city’s sign code. 9.The applicant shall install and maintain a landscaped and screened area not less than 20 feet in width along the north property line. Screening may be satisfied with landscaping or a combination of landscaping and a screening fence per ordinance requirements. 10.The applicant shall install and maintain a landscaped area on the east side of the property between the edge of the parking lot and within the city right-of-way along Flandrau Street. The applicant must work with the city engineering staff to obtain a ROW permit. The applicant shall ensure that the trees are at least six feet in height at the time of planting. The planting screen shall consist of evergreen plantings. Trees shall be a minimum of 2½ inches in trunk diameter, two feet above grade. Shrubs may be used in combination with a berm and shall be a minimum of two feet in height. Spacing of trees and shrubs shall be designed to create an 80-percent opaque screening at least six feet in height. 11.Before the issuance of a building permit, the applicant shall submit for staff approval the following items: a.The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b.An updated tree and landscape plan. 12.The applicant shall complete the following before occupying the building: a.Replace any property irons that were removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. Council Packet Page Number 124 of 302 Attachment 2 c.Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 13.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety, or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 14.All work shall follow the approved plans. The director of community development may approve minor changes. Council Packet Page Number 125 of 302 Attachment 3 WETLAND BUFFER AND PARKING SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 The Church of Pentecost has requested a wetland buffer and parking setback variance to construct a building addition and parking lot expansion on the property at 1701 Gervais Avenue East. 1.02 The property located at 1701 Gervais Avenue East is legally described as: The South Half of the West Half of Lot 3, E.G. Roger’s Garden Lots, Ramsey County, Minnesota, according to the recorded plat thereof. Except: The East 30.00 feet and the North 180.00 feet thereof. PIN: 102922140047 1.03 The site has a Manage B wetland on the northwest portion of the property, which requires a 75-foot buffer. The project will involve grading up to the wetland edge for the installation of a stormwater discharge pipe and encroachment into the buffer in other areas for an infiltration basin and a portion of the parking lot. The project will require a 75-foot wetland buffer variance. 1.04 The existing parking lot for the church, located along the east side of the property, encroaches between two and five feet into the 15-foot required setback along Flandrau Street. The parking lot will be repaved and expanded on the south side of the building addition and the north side of the existing building. The parking area along the northeast side of the site is proposed to be five feet from the east property line, requiring a 10-foot parking setback variance. Section 2. Standards. 2.01 City Ordinance Section 18-221 (d) (1) requires a minimum buffer width of 75 feet around a Manage B wetland and Section 18-221 (h) (1) provides procedures for granting a variance to the wetland buffer requirements. 1.Before the city council acts on a wetland ordinance variance, the Environmental and Natural Resources Commission and the Planning Commission will make a recommendation to the city council. The city shall hold a public hearing for the variance. The city shall notify property owners within 500 feet of the property for which the variance is being requested at least ten days before the hearing. 2.The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including, but not limited to, implementing one or more of the strategies listed in subsection 18-221(e)(4) (mitigation). 3.To approve a variance, the city council shall apply the findings for variance approval as required in Minnesota Statutes. 4.The applicant for a variance shall submit, with the variance application and any other required materials, a statement showing how the proposal would meet the findings for variance approval. Council Packet Page Number 126 of 302 Attachment 3 2.02 City Ordinance Section 44-20 (c) (5) requires the developer of any project, other than single or double dwellings, to construct parking lots with a minimum setback of 15 feet from a street right of way, and Section 44-13 provides that the city may grant variances to the requirements of the zoning ordinance. All variances must follow the criteria provided in Minnesota State Statutes. 1.The variance is in harmony with the general purposes and intent of the ordinance. 2.The variance is consistent with the comprehensive plan. 3.When the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner; (3) the proposal will not alter the essential character of the locality. Section 3. Findings. 3.01 The proposal meets the wetland and zoning ordinance variance standards. 1.The proposal is in harmony with the purpose and intent of city ordinance standards. 2.The proposal is consistent with the intent of the comprehensive plan. 3.The request is reasonable. The proposed improvements within the wetland buffer enhance stormwater management and will be mitigated by removing invasive plants and adding native seeds and plugs to the remaining wetland buffer areas. The project will require the installation and maintenance of landscaping between the parking area and the adjacent residential properties to the east, providing a visual screen that currently does not exist. 4.The existing conditions on this property are unique and not caused by the property owner. The site has significant grade changes and a narrow lot size, which limits site development in other areas. The water runoff in the area is currently untreated before being discharged into the wetland. The proposal improves water quality and existing site conditions. 5.The expanded parking area will not alter the essential character of the neighborhood. The proposal will closely match the existing setback along the Flandrau property line, not encroaching further into the setback. Section 4. City Review Process 4.01 The City conducted the following review when considering thewetland buffer and parking setback variance requests. 1.On October 21, 2025, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission allowed everyone to Council Packet Page Number 127 of 302 Attachment 3 speak and present written statements at the hearing. The Planning Commission recommended that the City Council approve this resolution. 2.On November 12, 2025, the Environmental and Natural Resources Commission held a public meeting to discuss the proposal. The Environmental and Natural Resources Commission recommended that the City Council approve this resolution. 3.On November 24, 2025, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5. City Council 5.01 The City Council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the approved plans. The director of community development may approve minor changes. 2.The applicant shall meet the conditions outlined in the design review resolution. Council Packet Page Number 128 of 302 Attachment 4 Overview Map - 1701 Gervais Avenue East August 26, 2025 City of Maplewood Legend ! I Parcels Tvckfdu 0325 Qbsdfm Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 129 of 302 Attachment 5 FLU Map - 1701 Gervais Avenue East August 27, 2025 City of Maplewood Legend ! I Tvckfdu Parcels Qbsdfm Future Land Use - 2040 Low Density Residential High Density Residential Commercial Public/Institutional Employment Open Space Park 0490 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 130 of 302 Attachment 6 Zoning Map - 1701 Gervais Avenue East August 26, 2025 City of Maplewood Legend ! I Tvckfdu Qbsdfm Parcels Zoning Single Dwelling (r1) Planned Unit Development (pud) Open Space/Park Light Manufacturing (m1) 0325 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 131 of 302 Attachment 7 Tvckfdu Qbsdfm Council Packet Page Number 132 of 302 Attachment 8 06.17.2025 Council Packet Page Number 133 of 302 Attachment 8 Nfnpsboevn Council Packet Page Number 134 of 302 Attachment 8 Page 2 Council Packet Page Number 135 of 302 J1, Attachment 9 Council Packet Page Number 136 of 302 J1, Attachment 9 Council Packet Page Number 137 of 302 J1, Attachment 9 Council Packet Page Number 138 of 302 J1, Attachment 9 Council Packet Page Number 139 of 302 J1, Attachment 9 Council Packet Page Number 140 of 302 J1, Attachment 9 Council Packet Page Number 141 of 302 J1, Attachment 9 Council Packet Page Number 142 of 302 J1, Attachment 9 Council Packet Page Number 143 of 302 J1, Attachment 9 Council Packet Page Number 144 of 302 J1, Attachment 9 Council Packet Page Number 145 of 302 J1, Attachment 9 Council Packet Page Number 146 of 302 J1, Attachment 9 Council Packet Page Number 147 of 302 J1, Attachment 9 Council Packet Page Number 148 of 302 Attachment 10 Engineering Plan Review PROJECT: Church of Pentacost Expansion 1701 Gervais Avenue PROJECT NO: 25-27 COMMENTS BY: Jon Jarosch, P.E. – Assistant City Engineer DATE: 9-9-2025 PLAN SET: Civil plans dated 8-19-2025 REPORTS: None The applicant is seeking a conditional use permit and design review for an expansion of the church, along with associated site amenities, at 1701 Gervais Avenue. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review. The following are engineering review comments on the design and act as conditions prior to issuing permits. Drainage and Stormwater Management The amount of disturbance on this site is greater than ½ acre and the project proposes to add more than 5,000 square feet of new impervious surfaces. As such, the applicant is required to meet the City’s stormwater quality, rate control, and other stormwater management requirements. The applicant is proposing to meet these requirements via the use of three infiltration basins. 1)A stormwater management plan, with supporting calculations, shall be submitted detailing how the project meets the City’s Stormwater Management Standards. 2)Soil boring or infiltration test data shall be submitted to support the infiltration rates assumed in stormwater calculations. 3)The project shall be submitted to the Ramsey-Washington Metro Watershed District (RWMWD) for review. All conditions of RWMWD shall be met. 4)A joint storm water maintenance agreement shall be prepared and signed by the owner for the proposed infiltration basins and pretreatment devices. The Owner shall submit a signed copy of the joint storm-water maintenance agreement with the RWMWD to the City. Council Packet Page Number 149 of 302 Attachment 10 Grading and Erosion Control 5)All slopes shall be 3H:1V or flatter. 6)Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent streets that could potentially receive construction related sediment or debris. 7)A double row of heavy-duty silt fencing is required between the grading limits and the wetland to protect the wetland from sedimentation during construction. 8)Adjacent streets and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 9)All pedestrian facilities shall be ADA compliant. 10)The total grading volume (cut/fill) shall be noted on the plans. 11)A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. Sanitary Sewer and Water Service 12)The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. A SAC determination is required. 13)All modifications to the water system shall be reviewed by Saint Paul regional Water Services. All requirements of SPRWS shall be met. 14)All new sanitary sewer service piping shall be schedule 40 PVC or SDR35 or approved superior material. Other 15)All work within the rights-of-way along Gervais Avenue and Flandrau Street shall be restored per the City’s right-of-way ordinance. Public Works Permits The following permits are required by the Maplewood Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 16)Right-of-Way Permit Council Packet Page Number 150 of 302 Attachment 10 17)Grading and erosion control permit 18)Storm Sewer Permit -END COMMENTS - Council Packet Page Number 151 of 302 Attachment 11 Environmental Review Project: Church of Pentecost Location: 1701 Gervais Avenue Date of Plans: November 5, 2025 Date of Review: November 11, 2025 Reviewer: Shann Finwall, Sustainability Coordinator (651)249-2304, shann.finwall@maplewoodmn.gov Background: The Church of Pentecost is proposing an expansion of the church building and parking lot. There is a Manage B wetland and significant trees located on the property. The proposal must comply with the City’s wetland and tree preservation ordinances, and landscape and infiltration basin policies. Trees: 1.Tree Preservation Ordinance: a.Significant Trees: Maplewood’s tree preservation ordinance describes a significant tree as a healthy tree as follows - hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. b.Specimen Trees: A specimen tree is defined as a healthy tree of any species which is 28 inches in diameter or greater. c.Tree Replacement: Tree replacement is based on a calculation of significant trees located on the parcel and significant trees removed. Credits are given for all specimen trees that are preserved. 2.Tree Impacts and Replacement Requirements: The tree preservation plan shows 52 significant trees equaling 808 diameter inches. The applicant is proposing to remove 32 significant trees equaling 507 diameter inches, which is 63 percent of the tree coverage on the site. Based on the City’s tree preservation ordinance tree replacement calculation, the applicant is required to replace 309 caliper inches of replacement trees, which equals 155 - 2 caliper inch trees. 3.Tree Replacement: The landscape plan includes 50 new trees, for a total of 157.5 caliper inches, which is 151.5 caliper inches less than the 309 required. Eleven of the replacement trees are proposed to be planted within the Flandrau Street right-of-way, not on the church property. Council Packet Page Number 152 of 302 Attachment 11 4.Tree Recommendations: a.Prior to issuance of a grading permit the applicant must submit the following: 1)Revised Tree Plan: A revised tree plan that reflects the correct tree replacement calculation. The plan submitted includes errors in the number of significant trees on the site, and significant trees removed, resulting in an increased number of replacement trees in the applicant’s plan. 2)Revised Landscape Plan: A revised landscape plan showing the addition of 151.5 caliper inches of tree replacement on the site; or alternatively, the applicant can pay into the City’s tree fund at a rate of $60 per caliper inch of replacement tree that cannot be planted on site. Under the current tree removal and replacement plan, the applicant would pay a nonrefundable tree fund payment in the amount of $9,090. 3)Site Plan Changes: To reduce the extensive tree removal proposed under the current development proposal, including the removal of four specimen oak trees, the following site plan changes are recommended: a)Reduced on-site parking with proof of parking or a shared parking agreement with commercial properties located across Gervais Avenue. b)Underground stormwater management to replace two of the three above-ground infiltration basins. 4)Tree Maintenance Agreement: A tree maintenance agreement to be drafted by the City of Maplewood requiring that the church maintain and replace dead trees planted in the right-of-way. 5)Surety: A cash escrow or letter of credit to cover the cost of the replacement trees. This surety will be refunded once all trees are planted with a one-year warranty. Wetland: 1.Wetland Ordinance: a.Wetland Classification and Required Wetland Buffer: The Ramsey- Washington Metro Watershed District approved the wetland delineation on July 31, 2025. During that review, the watershed district reclassified the wetland from a Manage A to a Manage B wetland. The City’s wetland ordinance requires a 75-foot wetland buffer around a Manage B wetland. b.Wetland Buffer Averaging: The wetland ordinance allows flexibility in instances where, because of the unique physical characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel Council Packet Page Number 153 of 302 Attachment 11 may be necessary to allow for the reasonable use of the land during a development or construction project. The wetland ordinance allows encroachments to a Mange B wetland within 50 feet of the wetland edge if the buffer width will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. c.Wetland Buffer Averaging and Variance Assessment: Wetland buffer averaging and wetland buffer variances are allowed based on an assessment of the following: 1)Undue hardship would arise from not allowing the average buffer or would otherwise not be in public interest. 2)Size of parcel. 3)Configuration of existing roads and utilities. 4)Percentage of parcel covered by wetland. 5)Configuration of wetlands on the parcel. 6)Averaging will not cause degradation of the wetland or stream. 7)Averaging will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. 8)A wetland buffer mitigation plan is required for construction of development projects that will require averaging. In reviewing the mitigation plan, the city may require one or more of the following actions: a)Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. b)Rectifying the impact by repairing, rehabilitating, or restoring the buffer. c)Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. d)Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. e)Monitoring the impact and taking appropriate corrective measures. f)Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with Council Packet Page Number 154 of 302 Attachment 11 native vegetation. A restoration plan must be approved by the city before planting. g)Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. h)A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150 percent of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. 2.Wetland Impacts: The development will have grading up to the wetland edge for the installation of a stormwater discharge pipe, and grading encroachments toward the wetland for the installation of one of the infiltration basins and parking lot. The development requires a 75-foot wetland buffer variance. 3.Wetland Buffer Recommendations: a.Prior to issuance of a grading permit the applicant must submit the following: 1)Wetland Buffer Mitigation Plan showing the following additional strategy: a)Invasive Species Removal and Native Overseeding: Removal of buckthorn and other invasive species within the remaining undisturbed wetland buffer and the open space area north and west of the church and overseeding with native seed. The applicant must maintain this area for three years. c)Revised Landscape Plan: Revised landscape plan showing detailed native plug planting. The plan should include location, species, spacing, soil preparation, and mulching details. d)Revised Wetland Buffer Sign Plan: Work with staff on the number and appropriate placement of the wetland buffer signs to ensure no future mowing, grading, and building within the established wetland buffer. The City supplies wetland buffer signs identifying that no building, mowing, or grading should take place within the buffer. There is a $35 fee per sign. Council Packet Page Number 155 of 302 Attachment 11 2)Wetland Buffer Sign Installation: Install the City wetland buffer signs that specify that no building, mowing, cutting, grading, filling or dumping are allowed within the buffer. 3)Maintenance Agreement: Sign a three-year agreement with the City requiring that the applicant establish and maintain the required native seed and plugs within the wetland buffer, and remove and manage invasive species within the wetland buffer and the open space area north and west of the church. 4)Surety: A cash escrow or letter of credit to cover 150 percent of the required maintenance agreement work outlined above. The City will retain the surety for up to three years as outlined in the maintenance agreement to ensure the native plants are established and invasive species are removed and managed. Landscape Policies and Recommendation: Review of the overall landscape plan to ensure nonnative and invasive species are avoided, seed mix is appropriate for use in areas proposed, and plantings are climate resilient. 1.Prior to the issuance of a grading permit the Natural Resources Coordinator must review and approve the final landscape plan to ensure it meets the City’s landscape policies. Infiltration Basin Policies and Recommendations: 1.Infiltration Basin Policy: To ensure successful vegetation establishment in basins, the city requires one of the following approaches: a.Plant shrubs with shredded hardwood mulch in the lower portion of the basin and seed on the slopes; or b.Plant a combination of seed and plugs. The basin is seeded with a native seed mix, then grasses, sedges, and flowers 18” apart. This spacing of plants does not provide full coverage, it just helps ensure establishment of native species in the basin in case seed is washed away or does not establish; or c.Plant native seed. If native seed is used in a project, the developer should have a three-year maintenance contract to ensure establishment of native vegetation. 2.Infiltration Basins Proposed: The applicant proposes three infiltration basins to help manage stormwater on the site. All three infiltration basins will have a mix of native seeds and plugs. 3.Infiltration Basin Recommendations: Council Packet Page Number 156 of 302 Attachment 11 a.Prior to the issuance of a grading permit the Natural Resources Coordinator must review and approve final landscape plans to ensure it meets the City’s infiltration basin policies. Council Packet Page Number 157 of 302 Attachment 12 From:Josh Hengemuhle To:Elizabeth Hammond Subject:Objection to Proposed Expansion at 1701 Gervais Avenue East Date:Saturday, October 18, 2025 2:55:57 PM You don't often get email from jhengemuhle@gmail.com. Learn why this is important External message alert: This message originated from outside the City of Maplewood email system. Use caution when clicking hyperlinks, downloading pictures or opening attachments. Josh Hengemuhle 2456 Flandrau St Maplewood, MN 55109 October 17, 2025 Maplewood City Council Maplewood Planning Commission City of Maplewood 1830 County Road B East Maplewood, MN 55109 RE: Objection to Proposed Expansion at 1701 Gervais Avenue East Dear Maplewood City Officials, I am writing to express my objection to the proposed expansion of The Church of Pentecost at 1701 Gervais Avenue East. While I respect the congregation's desire to grow, as a resident of the neighboring block, I believe this particular expansion plan is incompatible with our residential neighborhood and would diminish the quality of life for area residents. My primary concerns are as follows: Scale Incompatible with Residential Character: The proposed expansion represents a substantial increase in scale that does not fit the residential nature of our block. The addition would create a facility more appropriate for a commercial corridor than a quiet residential area where families live and children play. Encroachment on Wetland Buffer and Setbacks: According to the city's documentation, the expansion would encroach into the 75-foot wetland buffer zone on the northern portion of the property and violate the 15-foot setback requirement along Flandrau Street. These protective measures exist for good reasons –to preserve natural resources and maintain appropriate spacing in residential areas. Granting variances to accommodate this oversized project sets a concerning precedent. Specifically, granting these variances would allow the complete removal of the tree line along the northern edge of the property, placing the new commercial parking lot in full view of the entire residential block, and right up to the property line of the neighbor to the north. This would negatively impact that property’s value and likely the others on the block as well. Impact on Neighboring Park: The expansion's proximity to the neighboring park would diminish this valuable community green space and alter its character. Parks serve as essential buffers in residential neighborhoods, and this expansion would compromise that function. Additionally, the plan removes a significant portion of the tree buffer between the park and the property, putting a parking lot right next to a well-traveled walking path in the park. Inadequate Traffic Capacity: The property is located on a residential cul-de-sac that was designed to Council Packet Page Number 158 of 302 Attachment 12 serve neighborhood homes, not a facility of this scale. Our street infrastructure simply does not have the capacity to handle the increased traffic volume that this expansion would generate. The cul-de-sac configuration creates safety concerns as increased traffic will lead to congestion, difficulty for emergency vehicle access, and hazards for children and pedestrians who use these streets. The proposed parking expansion acknowledges that more visitors are anticipated, but fails to address how our residential street will accommodate this influx. Ongoing and Worsening Noise Issues: The lived experience in this neighborhood has already been negatively impacted by the current facility. While the Sunday day-time worship is not an issue, within the last week alone, loud bass music from the property was audible indoors down the block late into the night. This is not an isolated incident – noise disturbances like this have only increased in frequency over the past few years. An expansion of this scale will inevitably amplify these problems and potentially expand them to other times, further eroding our neighborhood's peace and residential character. I urge the Planning Commission, City Council, and all reviewing bodies to deny the Conditional Use Permit, variance requests, and site design approval for this project. The applicant should be encouraged to pursue a more appropriately scaled renovation and alternative parking solutions* that respect wetland buffers, setback requirements, and the residential nature of the neighborhood. Thank you for considering my concerns. I regret that I am not able to attend the hearing in person due to work commitments, but I am available to discuss this matter further. I hope you will prioritize the interests of the established residential community. Sincerely, Josh Hengemuhle *one parking possibility might be renting parking lot space from the post office across Gervais. That lot is never used on Sundays which applicants own materials indicate is the time when they would need the parking capacity. I would even favor installation of a crosswalk at that location to make that option more tenable. Council Packet Page Number 159 of 302 Attachment 13 MINUTES MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 6:00 P.M. Tuesday, October 21, 2025 City Hall, Council Chambers 1830 County Road B East E.NEW BUSINESS 2.Design Review Resolution, Church of Pentecost, 1701 Gervais Avenue East Elizabeth Hammond, Planner, gave the presentation. Joseph Oppong, Church of Pentecost, and Brian Tempas, LSE Architects, addressed the board and answered questions. Chairperson Kempemoved toapprove a design review resolution for a building addition and parking lot expansion at 1701 Gervais Avenue East, subject to certain conditions of approval, and with the friendly amendment that the applicant have a discussion with staff, planning commission, and city council on phasing in parking to reduce immediate encroachment on the wetland in the northern portion of the parking lot. DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1.Background. 1.01The Church of Pentecost has requested approval of a design review to construct a building and parking lot addition on the property at 1701 Gervais Avenue East. 1.02The property located at 1701 Gervais Avenue East is legally described as: The South Half of the West Half of Lot 3, E.G. Roger’s Garden Lots, Ramsey County, Minnesota, according to the recorded plat thereof. Except: The East 30.00 feet and the North 180.00 feet thereof. PIN: 102922140047 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing, or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly, and attractive development contemplated by this article and the city's comprehensive municipal plan. October 21, 2025 1 Community Design Review BoardMeetingMinutes Council Packet Page Number 160 of 302 Attachment 13 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. 2.02The community design review board reviewed this request on October 21, 2025, and voted to approve it. 2.03The proposal meets the specific findings for design review approval. Section 3. City Council Action. 3.01On November 24, 2025, the City Council discussed this resolution. They considered reports and recommendations from the community design review board and City staff. 3.02The above-described site and design plans are hereby _________ based on the findings outlined in Section 2 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans. Approval is subject to the applicant doing the following: 1.If the city has not issued a building permit for this project, repeat this review in two years. 2.All fire marshal and building official requirements must be met. 3.Satisfy the requirements in the engineering review by Jon Jarosch, dated September 9, 2025. 4.Satisfy the requirements in the environmental review by Shann Finwall, dated September 5, 2025. 5.The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 6.The applicant shall install a stop sign at the property exits on Gervais Avenue and Flandrau Avenue. 7.Per city ordinance standards, all mechanical equipment and trash receptacles shall be screened from the view of all nearby residential properties or adjacent public streets. The location and type of screening must always meet city ordinance requirements. 8.The applicant shall install and maintain a landscaped and screened area not less than 20 feet in width along the north property line. Screening may be satisfied with landscaping or a combination of landscaping and a screening fence per ordinance requirements. 9.The applicant shall install and maintain a landscaped area on the east side of the property between the edge of the parking lot and within the city right-of-way along Flandrau Street. The applicant must work with the city engineering staff to obtain a ROW permit. The applicant shall ensure that the trees are at least six feet in height at the time of planting. The planting screen shall consist of evergreen plantings. Trees shall be a minimum of 2½ inches in trunk diameter, two feet above grade. Shrubs may be used in combination with a berm and shall be a minimum of two feet in height. Spacing of trees and shrubs shall be designed to create an 80-percent opaque screening at least six feet in height. October 21, 2025 2 Community Design Review BoardMeetingMinutes Council Packet Page Number 161 of 302 Attachment 13 10.Before the issuance of a building permit, the applicant shall submit for staff approval the following items: a.The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b.An updated tree and landscape plan as outlined in the environmental review. 11.The applicant shall complete the following before occupying the building: a.Replace any property irons that were removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c.Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 12.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety, or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. c.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Vice Chairperson OszmanAyes – All (via roll call) The motion passed. This item will go to the city council on November 24, 2025. October 21, 2025 3 Community Design Review BoardMeetingMinutes Council Packet Page Number 162 of 302 Attachment 14 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, October 21, 2025 City Hall, Council Chambers 1830 County Road B East E.PUBLIC HEARING 1.Church of Pentecost, 1701 Gervais Avenue East a.Conditional Use Permit Resolution b.Wetland Buffer and Parking Setback Variance Resolution Elizabeth Hammond, Planner, gave the presentation. ChairpersonDesaiopened the public hearing. The following individuals addressed the commission regarding the project: Brian Tempas, LSE Architects Joseph Rief, Civil Site Group Merrilee Horton, 2464 Flandrau Street Chairperson Desaiclosed the public hearing. Commissioner Oszman movedto approve a conditional use permit resolution for a religious facility at 1701 Gervais Avenue East, subject to certain conditions of approval. CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1.Background. 1.01The Church of Pentecost has requested a Conditional Use Permit for a religious facility on the property at 1701 Gervais Avenue East. 1.02Theproperty located at 1701 Gervais Avenue Eastis legally described as: The South Half of the West Half of Lot 3, E.G. Roger’s Garden Lots, Ramsey County, Minnesota, according to the recorded plat thereof. Except: The East 30.00 feet and the North 180.00 feet thereof. PIN: 102922140047 Section 2. Standards. 2.01 General Conditional Use Permit Standards. The City Ordinance states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed, and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. October 21, 2025 1 PlanningCommission Meeting Minutes Council Packet Page Number 163 of 302 Attachment 14 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3.Findings. 3.01The proposal meets the specific Conditional Use Permit standards. Section 4.City Review Process 4.01The City conducted the following review when considering this conditional use permit request. 1.On October 21, 2025, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission allowed everyone to speak and present written statements at the hearing. The Planning Commission recommended that the City Council approvethis resolution. 2.On November 24, 2025, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5.City Council 5.01The City Council hereby _______ the resolution.Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All ground-mounted and roof-mounted mechanical equipmentand trash receptacles shall be screened according to the ordinance. 2.All construction shall follow the approved plans. The director of community development may approve minor changes. 3.The proposed construction must be substantially started within one year of council approval, or the permit shall become null and void. 4.The city council shall review this permit in one year. October 21, 2025 2 PlanningCommission Meeting Minutes Council Packet Page Number 164 of 302 Attachment 14 The applicant shall meet the conditions outlined in the design review resolution. Seconded by Vice Chairperson Yang Ayes – All The motion passed. Vice Chairperson Yang moved to approve a wetland buffer and parking setback variance resolution for a building addition and parking lot expansion to be constructed at 1701 Gervais Avenue East. WETLAND BUFFER AND PARKING SETBACK VARIANCERESOLUTION BE ITRESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01The Church of Pentecost has requested a wetland buffer and parking setback variance to construct a building addition and parking lot expansion on the property at 1701 Gervais Avenue East. 1.02Theproperty located at 1701 Gervais Avenue Eastis legally described as: The South Half of the West Half of Lot 3, E.G. Roger’s Garden Lots, Ramsey County, Minnesota, according to the recorded plat thereof. Except: The East 30.00 feet and the North 180.00 feet thereof. PIN: 102922140047 1.03The site has a Manage B wetland on the northwest portion of the property, which requires a 75-foot buffer. The project will involve grading up to the wetland edge for the installation of a stormwater discharge pipe and an infiltration basin, which will extend 45.8 feet into the 75-foot buffer. Additionally, the parking lot on the north side of the building will encroach 29.5 feet into the buffer. The building addition and parking lot expansion project will require a 75-foot variance for the wetland buffer. 1.04The existing parking lot for the church, located along the east side of the property, encroaches between two and five feet into the 15-foot required setback along Flandrau Street. The parking lot will be repaved and expanded on the south side of the building addition and the north side of the existing building. The parking area along the east side of the site is proposed to be between two and five feet from the east property line, requiring a parking setback variance. Section 2. Standards. 2.01 Wetland Buffer and Parking Setback Variance Standards. The City Ordinance states that the City Council must base approval of avariance on the following standards. 1.Before the city council acts on a wetland ordinance variance, the Environmental and Natural Resources Commission and the Planning Commissionwill make a recommendation to the city council. The city shall hold a public hearing for the variance. The city shall notify property owners within 500 feet of the property for which the variance is being requested at least ten days before the hearing. 2.The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including, but not limited to, implementing one or more of the strategies listed in subsection 18-221(e)(4) (mitigation). October 21, 2025 3 PlanningCommission Meeting Minutes Council Packet Page Number 165 of 302 Attachment 14 3.To approve a variance, the city council shall apply the findings for variance approval as required in Minnesota Statutes. 4.The applicant for a variance shall submit, with the variance application and any other required materials, a statement showing how the proposal would meet the findings for variance approval. Section 3.Findings. 3.01The proposal meets the specific wetland buffer and parking setback variancestandards. Section 4.City Review Process 4.01The City conducted the following review when considering this wetland buffer and parking setback variance request. 1.On October 21, 2025, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission allowed everyone to speak and present written statements at the hearing. The Planning Commissionrecommended that the City Councilapprove this resolution. 2.On November 12, 2025, the Environmental and Natural Resources Commission held a public meeting to discuss the proposal. The ENR recommended that the City Council ______ this resolution. 3.On November 24, 2025, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5.City Council 5.01The City Council hereby _______ the resolution.Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the approved plans. The director of community development may approve minor changes. The applicant shall meet the conditions outlined in the design review resolution. Seconded by Commissioner Oszman Ayes – All The motion passed. This item will go to the city council on November 24, 2025. October 21, 2025 4 PlanningCommission Meeting Minutes Council Packet Page Number 166 of 302 Attachment 15 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Wednesday, November 12, 2025 6:00 P.M. 1.CALL TO ORDER ChairpersonLates called a meeting of the Environmental and Natural Resourcescalled a meeting of the Environmental and Natural Resourcescalled a meeting of the Environmental and Natural Resources Commission to order at 6:02 p.m. 2.ROLL CALL Rebecca Bryan, CommissionerPresent Present Present Joanne Cryer, CommissionerPresentPresentPresent Benjamin Guell, CommissionerPresent Present Present David Lates, ChairpersonPresentPresentPresent Ted Redmond, CommissionerAbsent Absent Absent Wes Saunders-Pearce, CommissionerPearce, CommissionerPearce, CommissionerPresentPresentPresent Staff Present Shann Finwall, Sustainability Coordinator, Sustainability Coordinator, Sustainability Coordinator 3.APPROVAL OF AGENDAVAL OF AGENDAVAL OF AGENDA ChairpersonLates Lates Lates moved to approve the agenda.moved to approve the agenda.moved to approve the agenda. Seconded by CoSeconded by CoSeconded by Commissioner mmissioner mmissioner SaundersSaundersSaunders---PearcePearcePearce...Ayes – All The motion pasThe motion pasThe motion passed.sed.sed. 4.APPROAPPROAPPROVAL OF MINUTESVAL OF MINUTESVAL OF MINUTES a.a.a.OctoberOctoberOctoberOctoberOctoberOctober 8, 2025 8, 2025 8, 2025 Commissioner Guell mCommissioner Guell mCommissioner Guell moved to approve the October 8, 2025, Environmental and Natural Resources Commission meeting minutes as written.Natural Resources Commission meeting minutes as written.Natural Resources Commission meeting minutes as written. Seconded by CoSeconded by CoSeconded by Commissioner Saunders-Pearce. Ayes – All The motion pasThe motion pasThe motion passed. 5.NEW BUSINEW BUSINEW BUSINESS a.Church of Pentecost, 1701 Gervais Avenue East – Wetland Buffer Variance Shann Finwall, Sustainability Coordinator, introduced the subject. The Church of Pentecost had the following representatives speak on the project: Rob Binder, Civil Site Group Council Packet Page Number 167 of 302 Attachment 15 JosephRief, Civil Site Group Joseph Gyamfi, Church of Pentecost The Environmental and Natural Resources Commission discussed the following: Required escrows. Invasive species outside of the wetland buffer area. Proof of parking and shared parking. Usable lawn area. Increased wetland buffer area. Wetland buffer mitigation plan. Commissioner Saunders-Pearce moved to approve themoved to approve themoved to approve thewetland buffer resolution wetland buffer resolution wetland buffer resolution for the Church of Pentecost with an additional an additional an additional wetland buffer mitigation strategwetland buffer mitigation strategwetland buffer mitigation strategy y y including: Removal and management of invasive species in the wetland buffer andemoval and management of invasive species in the wetland buffer and in the open space area located located on the north and west side of the church,on the north and west side of the church, and overseeding this area with native seed.and overseeding this area with native seed. Seconded by Chair Lates. Seconded by Chair Lates. Seconded by Chair Lates. Ayes – Ayes – Ayes – All All All The motion passed. 6.UNFINISHED BUSINESSHED BUSINESSHED BUSINESS 7.VISITOR PRESENTATIONSVISITOR PRESENTATIONSVISITOR PRESENTATIONS None 8.COMMISCOMMISCOMMISSIONER PRESENTATIONSSIONER PRESENTATIONSSIONER PRESENTATIONS NoneNoneNone 9.STAFFSTAFFSTAFF PRESENTATIONS PRESENTATIONS PRESENTATIONS Shann FinwallShann FinwallShann Finwall, Sustainability Coordinator, Sustainability Coordinator, Sustainability Coordinator, updated the Environmental and Natural Resources Resources Resources Commission on the following:Commission on the following:Commission on the following: a.a.a.OctoberOctoberOctoberOctoberOctoberOctober 27, 2025, City Council Update 27, 2025, City Council Update 27, 2025, City Council Update 1)1)1)ResolutiResolutiResolution of Appreciation for Nancy Edwards 2)2)2)Wakefield Park Community Building Solar Project 3)3)3)Century Ponds Development b.Board and Commission Appreciation Dinner – February 5, 2026, 5:30 to 7:30 p.m. c.Environmental and Natural Resources Commission Calendar 10.ADJOURNMENT Chair Lates adjourned the meeting at 7:04 p.m. 2 Council Packet Page Number 168 of 302 J1, Attachment 16 Council Packet Page Number 169 of 302 J1, Attachment 16 Council Packet Page Number 170 of 302 J1, Attachment 16 Council Packet Page Number 171 of 302 J1, Attachment 16 Council Packet Page Number 172 of 302 J1, Attachment 16 Council Packet Page Number 173 of 302 J1, Attachment 16 Council Packet Page Number 174 of 302 J1, Attachment 16 Council Packet Page Number 175 of 302 J1, Attachment 16 Council Packet Page Number 176 of 302 J1, Attachment 16 Council Packet Page Number 177 of 302 J1, Attachment 16 Council Packet Page Number 178 of 302 J1, Attachment 16 Council Packet Page Number 179 of 302 J2 CITY COUNCIL STAFF REPORT Meeting Date November 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Mike Darrow, Assistant City Manager PRESENTER:MichaelSable, City Manager Mike Darrow, Assistant City Manager AGENDA ITEM: MCCExpenditure Request Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: Authorization to allow the City Manager to approve up to $160,000 of expenses related to the Maplewood Community Center project. Funding is needed for design work, safety improvements and coordination expenses from December 1, 2025- May 31, 2026. Recommended Action: Motion to approve the City Manager to approve up to $160,000 in design work, safety improvements and coordination expenses related to the MCC from December 1, 2025, to May 31, 2026. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $160,000 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: MCC Building Improvement Fund Strategic Plan Relevance: Safety Sustainability Development Strengthen human connection and community growth The design work, communication efforts and safety improvements are directly connected to creating a thriving, inclusive and forward-looking community. Background: The City anticipates incurring costs related to design services, safety improvements, and coordination expenses for the MCC over the next six months. The recommended safety enhancements are outlined in the Leo A. Daly report presented to the City Council in summer 2025. We have also prepared an RFP for concept design work associated with a potential community center, and coordination expenses would support initiatives tied to the local sales tax. These efforts will help ensure effective community engagement and provide clear, timely information. Council Packet Page Number 180 of 302 J2 Estimated costs include $30,000–$60,000 for design work, $30,000–$40,000 for safety improvements, and $50,000–$60,000 for coordination. Any funding required beyond the $160,000 requested would require City Council approval. This authorization would enable the City Manager and staff to efficiently address these needs over the next six months. Attachments: None Council Packet Page Number 181 of 302 J3J3 CITY COUNCIL STAFF REPORT Meeting Date November 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Mike Darrow, Assistant City Manager / Director of Human Resources PRESENTER: Mike Darrow, Assistant City Manager / Director of Human Resources AGENDA ITEM: Collective Bargaining Agreements a. AFSCME (2026-2028) b. IAFF Fire Fighters (2026-2028) c. IAFF Fire Captains (2026-2028) d. LELS Local 173 Police Sergeants (2026-2027) Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Summary: The existing union contracts expire on December 31, 2025, for all bargaining units. Staff recommend the City Council approve new collective bargaining agreements with these four bargaining groups. Recommended Action: a. Motion to approve the 2026-2028 Collective Bargaining Agreement between the City of Maplewood and AFSCME and authorize the Mayor and City Manager to execute the contract on behalf of the City. b. Motion to approve the 2026-2028 Collective Bargaining Agreement between the City of Maplewood and IAFF Fire Firefighters and authorize the Mayor and City Manager to execute the contract on behalf of the City. c. Motion to approve the 2026-2028 Collective Bargaining Agreement between the City of Maplewood and IAFF Fire Captains and authorize the Mayor and City Manager to execute the contract on behalf of the City. d. Motion to approve the 2026-2027 Collective Bargaining Agreement between the City of Maplewood and LELS Local 173 Police Sergeants and authorize the Mayor and City Manager to execute the contract on behalf of the City. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $475,525.28 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Council Packet Page Number 182 of 302 J3J3 Strategic Plan Relevance: Safety Focus Area: Sustainability Focus Area: Support and develop staff and human resources Development Focus Area: The proposed contracts meet strategic priorities for financial management and encourage employee retention. Background: In the spring of 2025, the City Council met in closed session to discuss strategy and to provide direction. City Council discussed the financial impacts of these contracts as well as the professional services and value of our employees. In the opinion of staff, the following findings are made: The proposed contract is in alignment with direction given by the City Council during our closed session discussion earlier this year. During that meeting, staff highlighted the key pillars of our negotiation process for all union and non-union positions: the ability to pay, pay equity and comparable salaries with other positions in other communities with similar tax compacities. EmployerÓs ability to pay. Compensation and benefits do not compromise the fiscal health of the city and fit within the parameters of the revenue generated from the CityÓs tax levy; as well as budgeted expenditures approved in the 2025 and upcoming 2026 budget. o The AFSCME, IAFF Captains and IAFF Fire Fighters contract includes a three (3) year contract with a general wage adjustment of 3% for each of the three years. o LELS Sergeants is a two (2) year contract with a general wage adjustment of 3% for each year. LELS Sergeants will be placed at Grade 12B beginning on January 1, 2026. Valuing City employees and other economic factors. Compensation and benefits are competitive in the market which will continue to favorably position the city to retain and recruit employees. Compensation/Wages. These contracts reflect the CityÓs commitment toward competitive wages for our employees while underscoring our focus on exceptional services, a culture that supports and empowers and strong relationships. Attachments: 1. Redline Draft of AFSCME (2026-2028) Collective Bargaining Agreement Ћ͵ Redline Draft of IAFF Fire Fighters (2026-2028) Collective Bargaining Agreement Ќ͵ Redline Draft of IAFF Fire Captains (2026-2028) Collective Bargaining Agreement Ѝ͵ Redline Draft of LELS Local 173 Police Sergeants (2026-2027) Collective Bargaining Agreement Council Packet Page Number 183 of 302 J3, Attachment 1 2026-2028 LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND MINNESOTA A.F.S.C.M.E. COUNCIL NO. 5 LOCAL 2725 CLERICAL/TECHNICAL & MAINTENANCE UNITS Council Packet Page Number 184 of 302 J3, Attachment 1 Table of Contents ARTICLE 2: RECOGNITION ...................................................................................................... 3 ARTICLE 3: DEFINITIONS ........................................................................................................ 4 ARTICLE 4: UNION SECURITY ................................................................................................ 5 ARTICLE 5: EMPLOYER SECURITY ........................................................................................ 6 ARTICLE 6: EMPLOYER AUTHORITY ...................................................................................... 6 ARTICLE 7: WORK SCHEDULES ............................................................................................. 7 ARTICLE 8: CALL BACK ........................................................................................................... 8 ARTICLE 9: STAND BY ............................................................................................................. 9 ARTICLE 10: MEAL AND REST PERIODS ............................................................................... 9 ARTICLE 11: OVERTIME .......................................................................................................... 9 ARTICLE 12: PROBATIONARY PERIODS ...............................................................................10 ARTICLE 13: SENIORITY .........................................................................................................11 ARTICLE 14: JOB POSTING ....................................................................................................12 ARTICLE 15: DISCIPLINE ........................................................................................................12 ARTICLE 16: GRIEVANCE PROCEDURE/ARBITRATION .......................................................12 ARTICLE 17: VACATION / ANNUAL LEAVE ............................................................................14 ARTICLE 18: HOLIDAYS ..........................................................................................................14 ARTICLE 19: SICK LEAVE .......................................................................................................15 ARTICLE 20: LEAVES OF ABSENCE ......................................................................................16 ARTICLE 22: INJURY ON DUTY ..............................................................................................18 ARTICLE 23: INSURANCE .......................................................................................................19 ARTICLE 24: UNIFORMS .........................................................................................................22 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE ....................................................................22 ARTICLE 26: PERSONNEL FILES ...........................................................................................23 ARTICLE 27: NONDISCRIMINATION .......................................................................................23 ARTICLE 28: LEGAL DEFENSE ...............................................................................................24 ARTICLE 29: REQUIRED LICENSES .......................................................................................24 ARTICLE 30: SAFETY ..............................................................................................................24 ARTICLE 31: LEADPERSON ....................................................................................................24 ARTICLE 32: TOOLS ................................................................................................................24 ARTICLE 33: EDUCATION & DEVELOPMENT ........................................................................25 ARTICLE 34: RESERVED ........................................................................................................25 ARTICLE 35: WAGE SCHEDULE .............................................................................................25 ARTICLE 36: WAIVER ..............................................................................................................27 ARTICLE 37: SAVINGS CLAUSE .............................................................................................27 ARTICLE 38: DURATION .........................................................................................................27 APPENDIX A - WAGE APPENDIX ............................................................................................28 APPENDIX B ............................................................................................................................30 APPENDIX C ............................................................................................................................31 Council Packet Page Number 185 of 302 J3, Attachment 1 ARTICLE 1: PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Maplewood, hereinafter called EMPLOYER, Local 2725, and Council 5, American Federation of State, County and Municipal Employees, AFL-CIO hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative under Minnesota Statutes, Section 179.71 Subd. 3 as an appropriate bargaining unit consisting of the following job classifications: Accountant Accountant II Accounting Technician Accounting Technician II Administrative Assistant Building Inspector Building Inspector Apprentice Building Maintenance Worker Building Inspector II Business Licensing Specialist Civil Engineer I Civil Engineer II Communications Coordinator Community Service Officer (CSO) Crew Chief – Mechanic Crew Chief – Sanitary Sewer Crew Chief – Storm Sewer Crew Chief – Street Maintenance Crew Chief—Park Maintenance Communications Coordinator Community Outreach Specialist Deputy City Clerk Digital Communications Specialist Council Packet Page Number 186 of 302 J3, Attachment 1 Engineering Technician Environmental Health Official Environmental Planner Ev idence and Records Specialist Facility Technician Heavy Equipment Mechanic Licensing Specialist Maintenance Worker Maintenance Worker II Natural Resource Coordinator Neighborhood Preservation Specialist Office Specialist Planner Police Records Specialist Property & Evidence Technician Senior Engineering Technician Senior Service Center Representative Sustainability Coordinator Vehicle Equipment Maintenance Technician 2.2 In the event the Employer and the Union are unable to agree upon the inclusion or exclusion of a new or modified job classification, the issue shall be submitted to the Bureau of Mediation Services for determination. 2.3 All temporary employees who work for less than six (6) months out of any twelve (12) consecutive month period are excluded from this contract. ARTICLE 3: DEFINITIONS 3.1 UNION - Local 2725, Council 5 American Federation of State, County, and Municipal Employees. 3.2 EMPLOYER - The City of Maplewood. 3.3 UNION MEMBER - A member of Local 2725, Council 5 of the American Federation of State, County, and Municipal Employees employed by the City of Maplewood as set forth in Article 2 of this AGREEMENT. 3.4 EMPLOYEE - A member of the exclusively recognized bargaining unit as set forth in Article 2 of this AGREEMENT. 3.5 REGULAR PAY RATE - The employee's normal hourly pay rate. 3.6 SENIORITY - Employee's length of continuous service with the EMPLOYER. 3.7 SEVERANCE PAY - Payment made to an employee upon termination of employment as provided in Article 21. 3.8 CALL BACK - Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. Council Packet Page Number 187 of 302 J3, Attachment 1 An extension of, or early report to, an assigned shift is not a call back. 3.9 STRIKE - Concerted action in failing to report for duty the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employment. 3.10 GRIEVANCE - A dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 3.11 FMLA - The Family Medical Leave Act - See Article 20.5 3.12 EXEMPT - Not covered by the federal and state Fair Labor Standards Acts overtime requirements. 3.13 NON-EXEMPT - Covered by the federal and state Fair Labor Standards Acts overtime requirements. ARTICLE 4: UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 4.1 Fair Share Fees - Deduct fair share fees in accordance with Minnesota Statutes, Section 179A.06, Subd. 3. 4.2 Union Dues - Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing such deduction. Remit such deduction with an itemized statement to the appropriate designated officer of the UNION within ten days following said deduction. 4.3 Bulletin Board - The EMPLOYER agrees to provide and maintain one bulletin board for display of UNION notices and bulletins at each of the following facilities/areas: 1. City Hall 3 Police Department 2. Park Maintenance Building 4. 1902 Building 4.4 Union Stewards - The UNION may designate employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. The EMPLOYER agrees to afford reasonable time off to those elected officials or appointed representatives of the exclusive representative for the purpose of conducting the duties of the UNION and agrees to provide for reasonable leaves of absence, without pay, to elected or appointed officials of the UNION as provided by State Statute. 4.5 Hold Harmless - The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. Council Packet Page Number 188 of 302 J3, Attachment 1 4.6Seniority List - The EMPLOYER will normally notify the UNION of the names and job titles of new hires within two weeks of start date. On a quarterly basis, the EMPLOYER will notify the UNION of terminations from the unit. ARTICLE 5: EMPLOYER SECURITY 5.1 No Strike - The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of, or interference with the normal functions of the EMPLOYER. 5.2 Termination of Strikers - Employees who engage in an unlawful strike may have their appointment terminated by the EMPLOYER effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 5.3 Unexcused Absence During Strike - Employees who are absent from any portion of their work assignment without permission, or who abstains wholly or in part from the full performance of their duties without permission from the EMPLOYER on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 5.4 Reemployment of Strikers - Employees who knowingly and unlawfully strike and whose employment has been terminated for such action may, subsequent to such violation, be appointed or re-appointed or employed or re-employed, but the employees shall be on probation for two (2) years with respect to tenure of employment, or contract of employment, as they may have theretofore been entitled. 5.5 No Strike Pay - Employees shall not be entitled to any daily pay, wages, or per diem for the day(s) in which they engaged in a strike. ARTICLE 6: EMPLOYER AUTHORITY 6.1 The Employer retains the full and unrestricted right to operate and manage all staff, facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and 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. 6.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. 6.3 Subcontracting - Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting out work performed by employees covered by this Agreement or likewise shall prohibit or restrict any other right as set forth in 6.1 herein. Except when the Employer has determined there is an emergency or other urgent matter, the Employer will notify the Union at least thirty (30) days prior to subcontracting out work usually performed by employees represented by this bargaining unit, if such Council Packet Page Number 189 of 302 J3, Attachment 1 subcontracting may require a reduction in the bargaining unit work force. No regular full- time employee in this bargaining unit will be laid off solely as a result of the Employer subcontracting out work required by the Employer, to be performed by regular full-time members of this bargaining unit pursuant to this agreement. ARTICLE 7: WORK SCHEDULES 7.1 Normal Workday/Workweek - The sole authority in work schedules is the EMPLOYER. The normal workday for an employee shall be eight (8) hours. Normal office hours are 8:00 a.m. to 5:00 p.m.; however, mutually convenient flexible schedules can be arranged within departments. The normal workweek shall be forty (40) hours Monday through Friday. 7.2 Regular Shifts - Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal work day or work week. The EMPLOYER will give advance notice to the employees affected by the establishment of workdays different from the employee's normal eight (8) hour workday. 7.3 Unusual Work Circumstances - In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, all employees have an obligation to work overtime or call backs if requested unless unusual circumstances prevent them from so working. When employees are so notified to report at a time other than their normal scheduled reporting time due to such unusual circumstances, they shall be paid for a total thirty (30) minute arrival time. 7.4 Saturday/Sunday Workweeks - Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. 7.5 Permanent Schedule Changes - Any permanent changes in the work schedule should be preceded with at least a two (2) week notice to the affected employees. 7.6 Out-of-Class Assignment - Any employee working an out-of-class assignment for four (4) hours or more shall be paid at the higher job classification at the next higher the starting rate, but in no case shall the employee receive less than $1.00 per hour additional. For the purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform the significant duties and responsibilities of a position different from the employee's regular position, and which is in a higher classification within the bargaining unit. Also for purposes of this Article, employees will be paid at the higher rate only for the hours worked at the higher rate. 7.7 Upon agreement between an employee, union representative, and the department head, the City may allow employees to perform work normally associated with another position for a limited period of time (not to exceed 120 hours in a year) for purposes of furthering the employee’s development or providing variety to the job. This should be temporary in nature and must be approved in advance by both the department head and Human Council Packet Page Number 190 of 302 J3, Attachment 1 Resource Department. If both the employee and department head agree that this is for the employee’s benefit and is not detrimental to the City, the “out-of-class” language and pay requirements of the contract will not apply. 7.8 Flexible Scheduling - Non-exempt employees, who normally work eight (8) hour shifts, will be paid one and one-half (1-1/2) times the employee’s regular pay rate for all hours worked in excess of eight (8) hours, when required to work more than eight (8) hours. Changes of shift do not qualify an employee for overtime under this article. Non-exempt employees who normally work shifts of longer than eight (8) hours will be paid one and one half (1-1/2) times the employee’s regular pay rate for all hours in excess of the normal shift length. Exempt employees who work over 40 hours per workweek will be paid straight time for all hours worked. Schedule changes made by the supervisor shall be posted for fourteen (14) days prior to the effective date. At the employee's request, employees may work a shorter shift than that normally required and may make up the time on another shift, upon approval of their supervisor. When employees avail themselves of this approved flexible scheduling, they will not be eligible for overtime for the longer shift. Under no circumstances will an employee be allowed to work more than forty (40) hours in a given week due to selecting this option, if they would not have been eligible to do so prior to selecting it. Anytime an employee (who is on vacation and sick leave) is ill or injured and misses a shift of other than eight (8) hours, they will be required to use sick leave equal to the hours for which they were scheduled. (If the shift was ten (10) hours, and they miss the entire shift, they will be required to use ten (10) hours of sick leave.) If on annual leave, the employee will use annual leave in accordance with the annual leave policy. 7.9 Premium Pay – Non-exempt employees who are required to come in before their normal work day start time for EMPLOYER shall be paid one and one half (1½) times their regular rate for their time before the start of their regularly scheduled shift. For snow plowing events, if its determined that an employee be relieved of duty during their normally regularly scheduled shift and returns later to complete the remainder of the shift, those hours worked at the return of the shift shall be paid at one and one-half (1- 1/2) times the employees regular pay rate. ARTICLE 8: CALL BACK Non-exempt employees called in for work by the EMPLOYER at a time other than their normal scheduled shift will be compensated for a minimum of three (3) hours pay at one and one-half (1-1/2) times the employee's regular pay rate. Exempt employees will receive a minimum of two hours pay at straight time. If the call-in or call- back is an extension to the regular shift, then the minimum hours provision of this clause will not apply. Council Packet Page Number 191 of 302 J3, Attachment 1 ARTICLE 9: STAND BY 9.1 A non-exempt employee shall receive a minimum pay equal to three (3) hours of overtime for each Saturday, Sunday or holiday said employee is required by the EMPLOYER to be immediately available for work. Exempt employees are not eligible for standby pay. Non-exempt employees who are placed on call will be paidthree (3)two (2) hours(at straight time) for each weekday they are required by the EMPLOYER to be immediately available for work. (A weekday is Monday through Friday, excluding holidays.) The rate of pay to be used for calculations of straight time or overtime for employees in the Maintenance Worker title (in this situation) will be Step 8 G of the Maintenance Worker II salary range. Any employee whose normal hourly wage is higher than Step G of the Maintenance Worker salary range will receive payment for any unused comp time at year-end at the rate of Step 8 G of Maintenance Worker II for the entire balance. Immediately available for work means to be able to respond to a callback within 30 minutes. Employees who will not be able to respond within that timeframe will not be eligible for callback pay. 9.2 The Facility Technician assigned to the Community Center will receive one hour of overtime each week provided that he/she wears a pager and responds to Community Center maintenance calls after hours and on days off. The employee will be eligible for callback pay when required to come in to work as provided in Article 8 but will not be eligible for callback pay for phone calls. ARTICLE 10: MEAL AND REST PERIODS An employee may take either one-half (1/2) hour or one (1) hour meal period (without pay) and two (2) fifteen (15) minute rest periods (with pay) during a normal work day at times determined by the EMPLOYER. An employee who works beyond the normal workday shall be granted a one-half (1/2) hour unpaid break after five (5) consecutive hours of work. Rest periods shall be taken at the site of working operations at the time of said periods, unless otherwise determined by the EMPLOYER. The length of the meal period will vary depending on department and job title. The normal meal period for clerical and technical employees is one hour. The normal meal period for public works and park maintenance employees is thirty (30) minutes. Exceptions can be made with approval of the immediate supervisor. ARTICLE 11: OVERTIME 11.1 Daily/Weekly Overtime - For non-exempt employees, hours worked in excess of eight (8) hours within an assigned work day or more than forty (40) hours within an assigned work week will be compensated at one and one-half (1-1/2) times the employee's regular pay rate, unless the shift length is greater than eight (8) hours. In that case, overtime eligibility begins after the regular shift is exceeded. (See Article 7--Work Schedules.) Overtime will be approved prior to exceeding eight (8) hours within an assigned work day or more than forty (40) hours within an assigned work week. 11.2 Holidays Worked - Hours worked by non-exempt employees on holidays, except Council Packet Page Number 192 of 302 J3, Attachment 1 Thanksgiving, Christmas, and New Year’s, will be compensated for at one and one-half (1-1/2) times the employee's regular pay rate in addition to the compensation provided in the wage schedule. Hours worked by non-exempt employees on the holidays of Thanksgiving, Christmas, and New Year’s will be compensated for at two (2) times the employee's regular pay rate in addition to the compensation provided in the wage schedule. Holidays worked by exempt employees will be paid at straight time. 11.3 Equal Distribution - Overtime will be distributed as equally as practicable. 11.4 Overtime Refused - Overtime refused by employees will, for record purposes under Section 11.3, be considered as unpaid overtime worked. 11.5 No Duplication of Overtime - For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 11.6 Computing Overtime - All paid leave time shall be considered time worked for the purpose of computing overtime. 11.7 The City will allow employees the option of accruing compensatory time in lieu of overtime pay under the following conditions: Compensatory time will not be allowed where the overtime could have been anticipated in advance and have simply been a schedule change with two weeks’ notice; Compensatory time is not an option for positions that have to be back-filled with another employee to keep reasonable staffing levels; and Any compensatory time accrued will be capped at eighty (80) hours per year and will be cashed out at the end of the year, if not used, prior to any annual adjustment. Overtime worked in excess of the eighty- (80) hour cap will be paid during the same pay period it is earned. ARTICLE 12: PROBATIONARY PERIODS ew Employees - All newly hired or rehired employees will serve a 12.1 Probationary Period - N nine (9) month probationary period. Effective January 1, 2023, all newly hired or rehired employees will serve a twelve (12)-month probationary period. This probationary period may be extended at the discretion of the Employer for no more than ninety (90) days. The employee shall be notified of any extensions and the reasons for the extension prior to the end of the initial probationary period. At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 12.2 Employees who previously worked for the Employer and left employment but have not been away from employment with the City of Maplewood more than one (1) year will serve a ninety (90) day probation period. This provision is only available to employees who have already worked in the same job classification for which they are being rehired at least one (1) year and who have successfully completed a probation period in the same job classification. Council Packet Page Number 193 of 302 J3, Attachment 1 12.3Probationary Period - New Classification - Effective May 5, 1999, all employees promoted or transferred will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. After the first three (3) months of this probationary period the newly transferred or promoted employee shall receive a written performance evaluation from their supervisor with written input from the employee.At any time during the probationary period a promoted or transferred employee may be demoted or transferred to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE 13: SENIORITY 13.1 Determining Criterion - Seniority will be the determining criterion for transfers, newly created positions and promotions only when all other qualification factors are equal. 13.2 Layoff - In the event it becomes necessary to lay off employees for any reason, employees within a given job classification shall be laid off in inverse order of their seniority in the following order: a. Probationary part-time employees b. Probationary full-time employees c. Regular (part-time and full-time) employees 13.3 Bumping - In the event of layoffs, employees may exercise their seniority rights to a job class of equal or lower pay of the least senior employee within the bargaining unit. To bump, the employee must meet the knowledge, skills, abilities and minimum qualifications, and pass normal required tests. 13.4 Recall - Employees shall be recalled from layoff according to seniority. No new employee shall be hired for a job classification for which a layoff has occurred until all employees on layoff status within that job classification have been given ample opportunity to return to work within eighteen (18) months of said layoff. The City will notify employees on layoff to return to work by registered mail at that employee's last recorded address. The employee must return to work within three (3) weeks of receipt of this notice in order to be eligible for re-employment. 13.5 Promotion Outside Bargaining Unit - Employees promoted outside the bargaining unit shall maintain their seniority in the unit for thirty (30) days. 13.6 Seniority Grievance - Disagreements between the EMPLOYER and employee relative to the use of seniority in promotions, transfers, and newly created positions is a proper subject for the grievance procedure outlined in Article 16 of this AGREEMENT. 13.7 Continuous Service - For purposes of seniority, an employee's continuous service record shall be broken by voluntary resignation, discharge for just cause or retirement. 13.8 Voluntary Transfer - If employees voluntarily transfer within the bargaining unit, they will go to the bottom of the department seniority list, except that the bargaining unit seniority Council Packet Page Number 194 of 302 J3, Attachment 1 will take effect in case of layoff. ARTICLE 14: JOB POSTING 14.1 Promotion From Within - The EMPLOYER and the UNION agree that permanent job vacancies or newly created job classifications within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: a. have the necessary qualifications to meet the standards of the job vacancy; and b. have the ability to perform the duties and responsibilities the job vacancy. 14.2 Promotional Probation - Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12--Probationary Periods. 14.3 Selection Decision - The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. It is the intent of the parties, the Employer and the Union, to attract the most qualified candidates for city service. Should the Employer look to fill any vacancies in the classes of “Maintenance Worker” or “Maintenance Trainee,” the Employer will make every reasonable effort to fill said vacancies at the “Maintenance Worker” class. However, the city is not precluded from hiring a Maintenance Trainee when warranted by market conditions, budgetary limitations, or other economic factors. 14.4 Job Posting - Job vacancies within the designated bargaining unit will be posted for ten (10) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 15: DISCIPLINE The EMPLOYER will discipline employees only for just cause. ARTICLE 16: GRIEVANCE PROCEDURE/ARBITRATION 16.1 Processing of a Grievance - It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYER duties and responsibilities. The aggrieved EMPLOYEE and the UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. The designated supervisor shall schedule an approved absence within five (5) workdays after the request for absence. 16.2 Procedure - Any grievance or dispute between the parties relative to the application, Council Packet Page Number 195 of 302 J3, Attachment 1 meaning or interpretation of this AGREEMENT shall be settled in the following manner: Step 1. The UNION steward, with or without the employee, shall take up the grievance or dispute with the employee's immediate supervisor within twenty-one (21) calendar days after such alleged violation has occurred. The supervisor shall attempt to adjust the matter and shall respond to the steward within seven (7) calendar days. Step 2. If the grievance has not been settled in accordance with Step 1, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested, by the UNION steward or their designate to the proper department head within seven (7) calendar days after the supervisor's response is due. The department head or their designate will respond to the UNION steward in writing within seven (7) calendar days. Step 3. If the grievance has not been settled in accordance with Step 2, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested by the UNION steward or their designate and UNION business representative to the City Manager within seven (7) calendar days after the department head's response is due. The City Manager or their designate will respond to the UNION steward in writing within seven (7) calendar days. Step 4. If the grievance is still unsettled in accordance with Step 3, the UNION may, within fourteen (14) calendar days after the City Manager's reply is due, give notice of its intention to submit the issue to arbitration by giving written notice, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated and the remedy requested, to the other party. The arbitration proceeding shall be conducted by an arbitrator to be selected by the EMPLOYER and the UNION within seven (7) calendar days after the UNION requests such action. If the parties fail to select an arbitrator, the State Bureau of Mediation Services will be requested by either or both parties to provide a panel of five arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first name, the other party shall strike one (1) name, the process will be repeated, and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30) calendar days after the conclusion of testimony and argument. Expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION. However, each party shall be responsible for compensation of its own representatives and outside witnesses. If either party desires a verbatim record of the proceedings, it may cause such record to be made, providing it pays for the record and makes copies available at a reasonable cost to the other party and to the arbitrator. 16.3 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the Council Packet Page Number 196 of 302 J3, Attachment 1 grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION without prejudice to either party. 16.4 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not submitted. b. The arbitrator shall be without power to make decisions contrary to, inconsistent with, modifying, or varying in any way, the application of laws. ARTICLE 17: VACATION / ANNUAL LEAVE 17.1 Vacation Schedule – Employees who work full-time and were hired prior to May 5, 2001 shall earn monthly paid vacation leave as per the following schedule: 1 - 4 years of service -- 10 working days per year 5 - 11 years of service -- 15 working days per year 12 - 20 years of service -- 20 working days per year After 20 years of service and thereafter -- 25 working days per year Part-time employees hired before May 5, 2001 who regularly work (and are on payroll at) 20 or more hours per week shall accrue vacation on a prorated basis. Employees hired prior to January 1, 2003 at 15 –19 hours per week will be grandfathered in for eligibility to pro-rated vacation or annual leave. 17.2 Maximum Vacation Accumulation - Employees will be allowed to carry over a maximum of one and one-half (1-1/2) times his/her annual accrual rate into each successive year. (Part-time employee carryover is pro-rated based on hours worked.) 17.3 The EMPLOYER and UNION agree to incorporate the Annual Leave Program as adopted by the City Council on February 12, 2001 and revised on September 23, 2002. (See addendum) 17.4 Provisions 17.1 through 17.3 do not apply to employees who select the annual leave program. ARTICLE 18: HOLIDAYS 18.1 Holidays Observed - Full-time employees shall be compensated for a full eight (8) hour day if employed at the time of any of the following holidays (prorated for part-time employees who work (and are on payroll) at twenty (20) or more hours per week): DATE HOLIDAY January 1 New Year’s Day Council Packet Page Number 197 of 302 J3, Attachment 1 Third Monday in JanuaryMartin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day June 19 Juneteenth July 4 Independence Day First Monday in September Labor Day November 11 Veterans Day Fourth Thursday in November Thanksgiving Day Fourth Friday in November Day after Thanksgiving December 25 Christmas Day When a holiday falls on a Saturday or Sunday, the City shall designate the preceding Friday or following Monday as the "observed" holiday for City operations/facilities that are closed on holidays. Overtime for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday as opposed to the "observed" holiday. Effective December 31, 2022, Juneteenth will be recognized as an observed holiday. 18.2 Personal Holidays - Full-time employees shall also receive twenty (20) hours of personal holidays per year (prorated for part-time employees who are on payroll at twenty (20) or more hours per week. The date of such personal holiday shall be approved by the EMPLOYER. 18.3 Employees hired prior to January 1, 2003 into positions that are 15-19 hours per week who remain continuously in such positions will be eligible for pro-rated holiday benefits in the same manner as they had been before that date. ARTICLE 19: SICK LEAVE 19.1 Use of Sick Leave - Full-time employees hired prior to May 5, 2001, shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month (prorated for part-time employees who regularly work, and are on payroll at, 20 or more hours per week. Employees who work less than twenty (20) hours per week who are on the vacation and sick leave programs as of 12-31-02 will remain eligible for pro-rated sick leave as long as they remain continuously at fifteen (15) or more hours per week. Employees who are on annual leave do not accrue sick leave. Sick leave may be approved only for days when an employee would otherwise have been at their employment. It may be used, with the approval of the supervisor, in any of the following cases: a. when the employee cannot work because of the illness, injury, or disability of themselves, their children, spouse, parents, stepchildren or stepparents; b. for medical, dental, chiropractic or optical exams or treatment of the employee or the employee's children (appointments should be scheduled to minimize the disruption of the work day); c. when the employee's presence would jeopardize the health of other employees by exposing them to contagious disease. Council Packet Page Number 198 of 302 J3, Attachment 1 Employees shall notify the EMPLOYER at or before their normally scheduled starting time of any illness for which they wish to take sick leave. The employee must submit satisfactory proof of illness or injury by way of a doctor's certificate, if requested by the EMPLOYER. Those employees who misuse sick leave shall be subject to disciplinary action. Any action taken by the EMPLOYER under this Article shall be subject to the grievance procedure. Inappropriate patterned use of unscheduled sick leave is not the purpose of sick leave. Examples of patterned use include but are not limited to repeated one (1) and two (2) day absences associated with scheduled days off. Such patterns may be subject to discipline. 19.2 Sick Leave Conversion - Full-time and part-time employees hired after May 19, 1978 but before May 5, 2001 are provided, at said employee's discretion, the following sick leave conversion program in lieu of severance pay provided in Article 21. Said sick leave conversion program shall provide for the conversion of forty percent (40%) of the employee's annual earned and unused sick leave to vacation or deferred compensation after an employee has accumulated forty-five (45) days or more of sick leave as provided above. The conversion shall be made annually on January 1 at the employee's request. Conversion shall be based only on sick leave days earned and unused during the previous twelve (12) months. One-half (1/2) of the remaining annual earned and unused sick leave shall be retained as accumulated sick leave and one-half (1/2) shall be forfeited by the employee to the City at the time of conversion. The amount of sick leave earned and unused in the prior year that is eligible for conversion shall be prorated for part-time employees. 19.3 Conversion After Eight-Hundred (800) Hours - On December 31 of each year a full-time employee with eight-hundred (800) hours or more of accumulated sick leave shall be eligible to convert sick leave accumulated in the previous twelve (12) months to vacation at the employee's current pay rate on the basis of two (2) hours of sick leave for one (1) hour of vacation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation. The amount of sick leave earned and unused in the prior year which is eligible for conversion shall be pro-rated for part-time employees. 19.4 Article 19 does not apply to employees on annual leave except as provided in the Annual Leave Program (Current Sick Leave Balances—Deferred Sick Leave, and Severance Pay Sections). ARTICLE 20: LEAVES OF ABSENCE The EMPLOYER agrees to provide to full-time employees the following leaves of absence with reasonable written notice from the employee: 20.1 Military Leave - Military leave, with pay, for reserve training, not to exceed fifteen (15) working days per year, when ordered by the appropriate authorities. 20.2 Jury Duty Leave - Jury duty leave when ordered by the appropriate authorities. The EMPLOYER agrees to pay the difference between the employee's regular salary and jury duty pay if the jury duty pay is less than the employee's regular salary. If the jury is Council Packet Page Number 199 of 302 J3, Attachment 1 dismissed more than two (2) hours prior to the end of the employee's regular scheduled shift, the employee shall report to work. Employees who are scheduled to work evening or night shift will be changed to day shift for the period of time they are required to serve on jury duty. Employees must notify the City as soon as possible after receiving notification of their order to serve. 20.3 Educational Leave - Educational leaves with pay for work-related conferences and seminars which occur during regular working hours when attendance is approved by the EMPLOYER. The EMPLOYER further agrees to pay reasonable costs related to the above. 20.4 Funeral/Bereavement Leave – Employee shall be granted up to A maximum of three (3) days of paid funeral/bereavement leave with pay shall be extended to employees upon following the death of a loved one as defined by Minnesota Earned Sick and Safe Time statute. Additional time off may be granted using other available leave or unpaid time, subject to management approval. Employees may take this leave at the time of death or defer it to align with memorial services held later. member of the immediate family of the employee or their spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers or sisters, sons-in-law or daughters-in-law). The maximum eligibility for funeral leave remains at 24 hours, regardless of shift length. This leave is pro- rated for part-time employees. 20.5 Parenting Leave –Paid Family Leave - Minnesota Paid leave provides payments when people need to care for themselves or their loved ones. A. To qualify for Paid Leave payments, you must meet all of the following: 1. You have a qualifying event. This means something has happened that makes you unable to work, such as: A serious health condition Welcoming a new child Caring for a loved one Managing a family member's active duty Safety concerns like domestic violence, sexual assault, or stalking 2. You earned enough in the past year. You must have earned at least $3,700 (or 5.3% of the state's average annual wage) during the last 12 months. 3. A health care or service provider confirms the need for leave. They must fill out a form confirming your condition or need for time off. 4. You haven't already used up your leave for the year (12 weeks of medical leave, 12 weeks of family leave, or 20 weeks total of both types of leave). Employees who work twenty (20) or more hours per week and have been employed Council Packet Page Number 200 of 302 J3, Attachment 1 more than one (1) year are entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed twelve (12) weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. B. Employees are not required to use sick leave during parental leave but may use sick leave at their option for any period of this leave they are unable to work due to medical reasons. In addition, sick leave of up to three (3) days for a normal delivery and four (4) days for a caesarean delivery may be requested by employees in order to take the expectant mother to the hospital for delivery and during the days immediately following the birth including bringing the mother and child home. Employees on annual leave will use annual leave in lieu of sick leave unless they are eligible for deferred sick leave. CB.The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain in effect during the leave. D.CIf the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. Both leaves will run concurrently until eligibility for either leave expires. E.D Seniority will continue to accrue during the twelve (12) week parental Minnesota paid leave for eligible employees. Employees who have not completed their probationary period, and are therefore not covered under the law, may receive up to a maximum of two (2) weeks unpaid leave that is not adjusted for seniority with authorization of the employee’s supervisor and City Manager. F E. Employees shall be eligible for FMLA in accordance with Federal Law. ARTICLE 21: Cell Phone Policy Reimbursement to for Mobile Phone usage will conform with Section 20.5 of the City’s Employee Handbook, as amended. ARTICLE 22: INJURY ON DUTY Employees injured in or contracting illness from actual service and thereby rendered incapable of performing their duty shall receive no more than their regular take-home pay during the period of incapacity without loss of sick leave for a period not exceeding ninety (90) working days per injury subject to the following conditions: a) In order to receive the benefits of this section for a period exceeding seven (7) days said injury or illness must be determined to be eligible under worker's compensation. b) In order to be eligible for the benefits of this section for a period of seven (7) days or less, the Employer must determine that the injury is "on-the-job" in nature. Council Packet Page Number 201 of 302 J3, Attachment 1 c) In order to be eligible for the benefits of this section, a written report of such injury must be made within twenty-four (24) hours of said injury to the Employer. d) If an Employee takes advantage of this section, all salary related benefit income (such as worker's compensation, disability benefits, etc.) must be turned over to the Employer. e) Benefits of this section shall assure the Employee of their regular pay only and shall not include allowances for overtime or other pay. f) The recipient of the benefits of this section must submit proof that reasonable efforts have been made to secure all salary related injury benefits available. g) The Employer may require a reasonable number of physical examinations by the City's Physician at reasonable times at City expense. h) The City's Physician shall determine when the Employee is able to return to work. i) This section does not apply in the case of death of an Employee, on duty or otherwise. j) The base pay of an Employee will continue until the "on-the-job" status of an injury has been determined, if said injury appears to be "on-the-job." However, if it is found that the injury is not job related, the time off will be credited to sick leave, vacation time, compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. a. In the event vacation time is used, upon the return to work of the Employee, fifty percent (50%) of future sick leave accrual may be transferred to vacation time, until such time as the accrued vacation time reaches the level it was before time off was credited to vacation time. k) Time available under this section shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. l) This section shall not be applicable if such job related injury is due to intentional negligence on the part of the Employee so injured. ARTICLE 23: INSURANCE The City and Union agree to actively engage in labor-management with regard to Citywide health, dental, life insurance, long term disability and short term disability, supplemental options, tation that a global agreement will be reached by the city’s insurance committee based on recommendation from the labor information to employees as a part of its annual Open Enrollment process. This article shall reopen if there is a 12% increase or more for the cost of health insurance in 2028. 2023-2025 Health Care Contributions Council Packet Page Number 202 of 302 J3, Attachment 1 Effective January 1, 2024, employees who elect single coverage shall contribute $15.00 per month. Beginning in 2024, the City will offer an HSA The Employer and Union agree to a reopener on insurance for 2024 and 2025. st 23.1 For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for either the Medica Elect/ or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor- Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/ Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/ Plan or Medica Choice Plan. d. The City shall make such deposits for single or family HRA contributions by way of pro-rata contributions every two weeks to each employee’s Health Reimbursement Account. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the City’s contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting such request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. e. As an incentive to participate in the Wellness Program, the City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employee’s option the employee may choose to receive up to 12 hours of annual leave or 12 hours of vacation pay (for those employees still on the vacation sick plan) in lieu of receiving the contribution into the Employee’s HRA. 23.2 For all employees hired on or after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for the Medica Elect/ plan. For any employee who chooses to participate in any other plan offered by the City, if any, the City will contribute an amount equal to the actual dollar amounts paid for single HDHP coverage Council Packet Page Number 203 of 302 J3, Attachment 1 towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families toward the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. The Employer shall contribute towards the cost for insurance as follows: i. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. 1. The term actively participated shall be as determined by the Labor-Management Wellness Committee. ii. $1,700 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. For newly hired employees who have successfully completed one year of employment, the contribution shall be $1800.00. iii. $2,700 annually into a HRA for those employees who elect family coverage. For newly hired employees who have successfully completed one year of employment, the contribution for family coverage shall be $2800.00. b. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employee’s option the employee may choose to receive up to 12 hours of annual leave in lieu of receiving the contribution into the Employee’s HRA. 23.1 Life Insurance - The EMPLOYER shall provide a life insurance policy with a benefit value of thirty-five thousand dollars ($35,000) for all full-time employees. 23.2 Long-Term Disability Insurance - The Employer will provide Long-Term Disability Insurance with the cost of such being fully paid by the EMPLOYER for full-time employees and regular part-time employees who work (and are on payroll) at 20 or more hours per week. Such Long-Term Disability Insurance shall be coordinated with other benefits provided in this contract. Employees are not eligible for vacation, sick leave and annual leave accrual while receiving Long-Term Disability payments except for hours on payroll using accrued leave. Employees who were hired into positions at 15-19 hours per week before 1-1-03 and remain continuously at 15 or more hours per week will be eligible for this benefit on a pro-rated basis as they were prior to 1-1-03. 23.5 Short-Term Disability Insurance – The EMPLOYER agrees to provide optional short- term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the Employee’s cost . 23.6 If and when AFSCME is ready to negotiate a Retiree Health Savings Plan, the City will 2 schedule a meeting to begin the process. + Council Packet Page Number 204 of 302 J3, Attachment 1 23.7 23.3 Retirement Health Savings The city agrees to provide a retiree health savings plan with the following plan specifications: 1. Participant and benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and no years of service requirement. 2. Benefits will be limited to insurance premiums (health, dental, long-term care premiums, Medicare Part B, and Medicare supplements) and out-of-pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: 4. 100% of accrued personal holidays would be deposited into the RHS plan. Additional accrued time will be deposited if the employee’s balance is at least eighty (80) hours at the time of separation from service, 50% will be deposited into RHS and 50% will be paid out. If under eighty (80) hours, balance is paid out and nothing is contributed to RHS. 5. The RHS plan will be funded with annual deposits as follows: All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 23.8 Employees will be eligible to elect coverage in the City’s optional Long-term care benefit at the employees cost, if they meet the criteria established in the plan. ARTICLE 24: UNIFORMS Employees in Building, Street, Park, Utility and Vehicle Maintenance shall be provided with uniforms maintained by the EMPLOYER. The EMPLOYER will provide uniforms for CSO and ts and CSO/Paramedic positions. Lifeguard staff will be provided with three (3) sets of t-shir shorts annually. Engineering Techs and , Building Inspectors, Neighborhood Preservation Specialists and Natural Resource Coordinator who regularly work in the field shall be reimbursed up to five hundred and fifty dollars ($550) towards the cost of appropriate outerwear and safety-toed boots upon production of proper documentation of such expenses. All other regular part-time Park and Recreation employees will be provided with three (3) shirts on an annual basis. One (1) set of appropriate outerwear will be provided for Park, Utility, and Street Maintenance Workers, the Mechanics, Engineer Technicians, Building Inspectors, Code Enforcement Officers, and the Environmental Health Officer. This outerwear is not to be used outside of City work and will normally be kept on City premises. No additional outerwear will be provided unless the outerwear was obviously ruined at work. ARTICLE 25: TRAVEL AND MEAL ALLOWANCE Council Packet Page Number 205 of 302 J3, Attachment 1 25.1Mileage - The EMPLOYER agrees to pay the City-approved rate (which is tied to the IRS-approved rate) to employees as requested by the EMPLOYER to use their private vehicle for official City business. An additional five dollars ($5) per day shall be paid for required use of an employee's car on a public works construction project. If a City fleet vehicle is available, it shall be offered to the employee, but if one is not available, then Employees shall not reasonably decline to use their vehicles on and/or to construction sites when requested. 25.2 Meals - A. If employees are required to travel outside of the area in performance of their duties as a City employee, they will receive reimbursement of expenses for meals, lodging and necessary expenses incurred. However, the City will not reimburse employees for meals connected with training held within Maplewood City limits, unless meals are provided as part of the training. Reimbursement for travel expenses will be allowed at coach rates for air travel. B. For in state training approved by the City Manager, the Employer will pay for the conference fees, transportation costs and reasonable costs for meals and lodging for full-time employees. C. Expenses for meals, including sales tax and gratuity, will be reimbursed according to the following limits and procedures. No reimbursement will be made for alcoholic beverages. Per diem meal and incidental expenses as set forth in the annual General Services Administration Meals and Incidentals Expenses Table located on the internet at www.gsa.gov/mie will be allowed without receipts being required. Seventy five percent of the per diem is allowed for travel days as set forth in that table. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. Also, if a meal is provided as part of the training, seminar, conference or other event being attended, an appropriate deduction shall also be made for that meal. Full reimbursements, over the maximums specified, will be authorized for all employees if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations. ARTICLE 26: PERSONNEL FILES A copy of any material to be placed in an employee's personnel file during the term of this AGREEMENT shall be provided to said employee. All disciplinary action material more than three (3) years old will not be used in further disciplinary actions. The EMPLOYER will remove past discipline from the employee’s personnel file if there has been no further discipline within the past five (5) years. ARTICLE 27: NONDISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. Council Packet Page Number 206 of 302 J3, Attachment 1 The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 28: LEGAL DEFENSE 28.1 No Legal Defense - Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision outside the scope of their employment may not receive legal defense by the City. 28.2 Reimbursement for Legal Defense - Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of their employment, when such act is performed in good faith and under direct order of their supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE 29: REQUIRED LICENSES The City agrees to reimburse employees for job related required licenses or certifications and renewal of same, except driver licenses. ARTICLE 30: SAFETY 30.1 Joint Safety – The Employer and the Bargaining Group agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 30.2 Safety Committee – The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 31: LEADPERSON Lead persons shall receive a pay differential according to the Wage Schedule in Appendix C for that period of time that they are assigned the duties of any crew chief position or that of building Maintenance Supervisor by the appropriate department head or designated supervisor. ARTICLE 32: TOOLS Those employees classified as mechanics (Mechanic Crew Chief, Heavy Equipment Mechanic Technician) shall be paid an annual tool allowance of up to $600 800 effective 1-1- and VEM 20261 and thereafter on the condition that employees provide receipts and they are reimbursed based on the receipts. Said mechanics agree to provide, at no expense to the City, all basic tools (including metric) necessary for the performance of their jobs, excluding special tools. The City will provide all special tools required to perform the duties of the job. The annual tool allowance will be pro-rated in the first and last year of employment based on percentage of the year worked. In addition, the supervisor must approve all tool reimbursements allowed by this provision in an employee’s last year of service with the City. Effective 1-1-2027, the City will provide all tools and the annual tool allowance will conclude. Reimbursement for Mobile Phone usage will conform with Section 20.5 of the City’s Employee Handbook, as amended. Council Packet Page Number 207 of 302 J3, Attachment 1 ARTICLE 33: EDUCATION & DEVELOPMENT When funds are available as determined by the Department head, the EMPLOYER agrees to pay fifty percent (50%) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as “Microsoft Word©”), upon successful completion with a “C” grade or better, seventy-five (75%) reimbursement upon completion with a “B” grade or better and eighty five percent (85%) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non-working hours. Part-Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro-rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. The request for participation in a training session or conference must be submitted in writing to the employee’s supervisor on the appropriate travel and training application form. All requests must include an estimate of the total cost (training session, travel, meals, etc.) and a statement of how the education or training is related to the performance of the employee’s work responsibilities. Compensation for Travel & Training Time: Time spent traveling to and from, as well as time spent attending a training session or conference, will be compensated in accordance with the federal Fair Labor Standards Act ARTICLE 34: RESERVED ARTICLE 35: WAGE SCHEDULE 35.1 Wage Adjustment: Employees shall receive the following Wage Adjustment Effective 12/27/2025 General wage increase of 3% Effective 12/26/2026 General wage increase of 3% Effective 12/25/2027 General wage increase of 3% The employer will pay the full premium for the Minnesota Paid Family and Medical Leave program for the duration of the current contract. Effective January 1, 2023, employees will be placed on the step in the new pay plan at the designated grade that provides a wage rate that is equal to or greater than the employee’s December 31, 2022 base wage 1.00% general wage increase effective January 1, 2023 to be calculated after implementation of new step plan 1.0% general wage increase effective July 1, 2023 Council Packet Page Number 208 of 302 J3, Attachment 1 1.5% general wage increase effective January 1, 2024 1.5% general wage increase effective June 29, 2024 1.5% general wage increase effective January 1, 2025 1.5% general wage increase effective June 28, 2025 Employees whose December 31, 2022 base wage exceeds the new Step G shall have their wage rate red circled. Said employees shall receive any general wage increase in a non-base lump sum. Employees whose December 31, 2022 base wage exceeds the new Step G by more than 10% are not eligible for a general wage increase or a non-base lump sum payment. 35.2 New Salary Ranges – New salary ranges are adopted with the 2023 contract. The new salary ranges have seven (7) steps. Movement within the range is based on a combination of time in position and performance. Employees will be eligible for step movement once per year on their anniversary date until they reach Step 8 G. If an employee received a performance rating that is below satisfactory (below good) on any of the major performance dimensions, their step movement will be delayed until such time as they have received two consecutive fully satisfactory performance reviews. Once a delayed increase is provided, the new eligibility date for pay increases for that employee will change to the date the delayed increase went into effect. Employees will normally be hired at Step 1 A of the range. Exceptions can be approved by the City Manager. Employees who are promoted will move to a step which gives them an increase over their pre-promoted pay rate. Maintenance workers will be appointed to Maintenance Worker II position upon reaching tven (7)(10) years of experience as a Maintenance worker. Employees must have en se a Class A certification to be eligible for appointment to Maintenance Worker II. In addition to the hourly rates provided in the Contract, $120 per month will be paid in deferred compensation to each full-time employee, beginning 01/01/13. Those with 10 years of service will receive an additional $5/month (to $125) Those with 15 years of service will receive an additional $10 (to $130) Those with 20 years of service will receive an additional $15 (to $135) Those with 25 years of service will receive an additional $20 (to $140) Deferred Compensation is pro-rated for part-time employees who work 20 hours per week or more (and for those who work 15-19 hours/week who were grand-fathered in on 1-1-03). Those who work less than 20 hours per week and who were hired 1-1-03 or after are not eligible for city-paid deferred compensation. All deferred comp payments set forth above shall only be paid if the Employee matches the contribution from the City. If the Employees’ contribute a lesser amount than set forth above, the Employer will match the lesser amount. 35.3 City shall provide a fully paid single annual membership to the Maplewood Community Center (MCC) and for those employees who request it, the City shall pay 50% and the Council Packet Page Number 209 of 302 J3, Attachment 1 employee shall pay 50% towards an annual family membership at the MCC. ARTICLE 36: WAIVER 36.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 36.2 The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or conditions 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. 36.3 The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 37: SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. ARTICLE 38: DURATION This AGREEMENT shall be effective January 1, 2026, and shall remain in full force and effect until the thirty-first (31st) day of December 2028. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 2028. FOR THE CITY: FOR THE UNION: ___________________________________ ________________________________ Mayor Field Representative ___________________________________ ________________________________ City Manager Local President ___________________________________ ________________________________ Council Packet Page Number 210 of 302 J3, Attachment 1 Human Resource DepartmentNegotiations Team Member ________________________________ Negotiations Team Member APPENDIX A - WAGE APPENDIX Council Packet Page Number 211 of 302 J3, Attachment 1 Grade 5 Building Maintenance Worker Community Service Officer Customer Service Specialist Facility Technician Licensing Specialist Office Specialist Community Outreach Specialist Grade 6 Accounting Technician Administrative Assistant Maintenance Worker Police Records Specialist Property Room Technicians Grade 7 Accounting Technician II Deputy City Clerk Digital Communication Specialist Engineering Technician Maintenance Worker II Heavy Equipment Mechanic Police Records Specialist Property & Evidence Technician Evidence and Records Specialist Grade 8 Environmental Health Official Mechanic Crew Chief Natural Resource Coordinator Neighborhood Preservation Specialist Heavy Equipment Mechanic Park Maintenance Crew Chief Sanitary Sewer Crew Chief Storm Sewer Crew Chief Street Maintenance Crew Chief Grade 9 Accountant Building Inspector Engineering Technician, Sr Environmental PlannerSustainability Coordinator Planner Mechanic Crew Chief Grade 10 Accountant II Civil Engineer I Communications Coordinator Building Inspector II Grade 11 Civil Engineer II Council Packet Page Number 212 of 302 J3, Attachment 1 APPENDIX B DIFFERENTIAL PAY A. Employees operating the following equipment shall be paid a differential of $2.00 per hour in addition to their regular wage while they operate the following heavy equipment: Motor Patrol (Road Grader) Pick-Up Sweeper Mini-Hoe Roller (6 ton or over) Traxcavator Bulldozer Backhoe/Loader Snow Wings when in use Tractor (no cab) w/ mowing or snow removal attachment JetVac (Aquatech) when used as a combination machine Front-End Loader (if operated by an employee over one (1) continuous hour in a given day) Bucket Truck (tree trimmer) at Drivable sidewalk/trail snow (with removal attachment) Bobcat/Tool C Paver Tanker Operator B. Differential pay for leadperson shall be $1.08 per hour. (See Article 31) Council Packet Page Number 213 of 302 J3, Attachment 1 APPENDIX C CITY OF MAPLEWOOD ANNUAL LEAVE PROGRAM A. It is the policy of the City of Maplewood to provide paid time away from work to eligible employees. This policy is implemented by means of the Annual Leave Program, which covers all paid leave previously available under the City’s vacation and sick leave benefits. The Annual Leave Program does not include designated or personal holidays, funeral leave, military leave or court leave. With the adoption of this program, the City firmly accepts and endorses the principles of consistency, flexibility, personal responsibility, and the recognition of years of service. The traditional paid vacation and sick leave programs have been in place for many years. These programs are highly structured with extensive rules applied to their use. These rules may not provide the best “fit” for the circumstances of individual employees and their immediate and extended families. As of May 5, 2001, the Annual Leave Program replaced individual vacation and sick leave plans and combined them into a single benefit program. Annual leave is provided to all employees hired on or after that date. Employees hired prior to May 5, 2001 had the option to convert to annual leave or remain in the sick leave and vacation plans. B. Employees accrue annual leave based on length of service with the City. This means that employees all receive the same amount of paid time off, regardless of their personal or family situation. Plan provisions discourage unnecessary utilization by providing cash and savings incentives. Any sick leave or vacation time that an employee may have used under the Family and Medical Leave or Parenting Leave policies will become annual leave. The legal requirements of the time off and continuation of insurance contributions under those laws remain unchanged. (This means the City will contribute the same amounts toward health and dental insurance premiums while employees are on family and medical leave as they do under the vacation and sick leave programs.) Annual leave can be used for any reason, subject only to necessary request and approval procedures consistent with policy and labor contracts. As with all paid time off programs, we need to ensure that service to the public and work requirements are not adversely impacted. C. Medical Certification - Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor’s certificate may still be required. It shall state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of their position. A statement attesting to the employee’s ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. (If an unplanned absence is not viewed as a problem by Council Packet Page Number 214 of 302 J3, Attachment 1 the employee’s supervisor, a doctor’s statement will not be required.) D. Accrual Rates - Years of Service Annual Accrual Rates 1 - 4 Years 19 days 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part-time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part-time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro-rated annual leave. Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as “deferred sick leave” until the balance was exhausted. Deferred sick leave can be used for any doctor-certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for two (2) or more consecutive days. If an employee knows they will be out for two (2) or more consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they know—in advance—they will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within two (2) days, they will use annual leave. If the medical condition extends beyond the two (2) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances - Unused vacation balances were converted to annual leave on a one- for-one basis for employees who converted from vacation/sick leave to annual leave. Council Packet Page Number 215 of 302 J3, Attachment 1 G.Banked Personal Holiday Hours - Employees who had banked personal holiday hours that were earned and unused prior to March,1984 had the option to cash them out at their current hourly rate during the open window period or to retain them. H. Short-Term Disability Insurance - The City adopted an optional short-term disability insurance program effective October 1, 2001. The cost of this coverage will be paid by the employee, if the employee elects coverage. For employees who elect this coverage, the benefits will begin after an employee is out for thirty (30) calendar days. The City also has a long-term disability program in place where benefits begin at ninety (90) calendar days. Short-term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay provided by short- and long-term disability insurance payments and their regular take- home pay. Employees without a deferred sick leave bank may use annual leave for this purpose. I. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). J. Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion - There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and/or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 2001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one-for-one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed forty (40) hours, may be converted each year provided the employee has used a minimum of 30% of their annual accrual during the current calendar year and has a minimum balance of at least 176 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the employee’s current hourly rate on December 1. Conversion to cash or deferred compensation will occur in the second payroll of the following year with specific dates to be determined by the Finance Department each year. Finance will notify all employees who have annual leave in November of each year as to the dates and conversion options. The conversion will be part of regular payroll and will Council Packet Page Number 216 of 302 J3, Attachment 1 not be paid in a separate check. Regular rate for the purpose of this policy is the employee’s straight time rate not including overtime, pay differentials, out-of-class adjustments or any other additions to regular pay. 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