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2013 03-11 City Council Meeting Packet
Please note, the City Council Workshop Meeting has been CANCELLED. The Listening Forum begins at 6:30 p.m. before the second and fourth regularly scheduled City Council meetings and replaces Visitor Presentations on the City Council Agenda. AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 11, 2013 City Hall, Council Chambers Meeting No. 05-13 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. 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.” D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of February 25, 2013 City Council Workshop Meeting Minutes 2. Approval of February 25, 2013 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS None 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 a Resolution Accepting a Donation to the Fire Department from Rochelle Hawthorne 3. Approval of a Resolution of Appreciation for Tammy Wilde – Community Development Department 4. Acceptance of Business and Economic Development Commission 2012 Annual Report 5. Acceptance of Community Design Review Board 2012 Annual Report 6. Housing and Economic Development Commissions Rules of Procedure 7. Approval of a Metropolitan Livable Communities Act Grant Agreement for Concordia Arms 8. Approval of Resolution Directing Modification of Existing Construction Contract, Change Orders with Derau Construction, Police Department Expansion Project – Phase 1 9. Approval of Agreement for Use of Harvest Park for the 2013 Susan G. Komen Twin Cities 3-Day Event Benefiting Komen 10. Approval of a Fee Waiver for a Temporary Food Sales Permit Fee for B-52 Slider Squad – For the Anna Hurd Memorial Fundraiser 11. Approval of a Temporary Gambling Permit Resolution for the Minnesota Waterfowl Association 12. Approval of Implementation to Replace and Upgrade the Trane Summit System at City Hall 13. Approval of Office Furniture for Parks & Recreations Department, Police Department Expansion Project Phase 1A 14. Resolution Accepting Donation from Friends of the Mississippi River to City of Maplewood H. PUBLIC HEARINGS NNoonnee I. UNFINISHED BUSINESS NNoonnee J. NEW BUSINESS 1. Havencrest Preliminary Plat, 2292 County Road D East 2. Approval of 2013-2014 Collective Bargaining Agreements: a. Minnesota AFSCME Council No. 5 – Local 2725 – Clerical/Technical & Maintenance Units b. International Association of Firefighters – Firefighters Local 4470 – Fire Officers c. International Association of Firefighters – Firefighters Local 4470 – Firefighters d. Law Enforcement Labor Services, Inc. (Local 173) – Police Sergeants e. Maplewood Confidential & Supervisory Association f. Maplewood Supervisory Association 3. Approval of Contract Extension Through 2014 for HR Attorney Services with Charles Bethel 4. Consider Authorization for Improvements at 1830 County Road B East – Police Department Expansion Project Phase 2 – Investigations & Server Room Relocation 5. Approval of Penalties for Tobacco Compliance Failures K. AWARD OF BIDS None L. ADMINISTRATIVE PRESENTATIONS 1. Consideration to Reschedule April 22, 2013 Council Meeting 2. Consideration to Cancel April 1, 2013 Council – Manager Workshop M. COUNCIL PRESENTATIONS None N. 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 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some 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: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language Item E1 February 25, 2013 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 P.M. Monday, February 25, 2013 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:33 p.m. by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present C. APPROVAL OF AGENDA Councilmember Cave moved to approve the agenda as submitted. Seconded by Mayor Rossbach Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Parks System Plan Update Park & Recreation Director Konewko introduced the report. Parks Manager Taylor presented the specifics of the report. F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 6:24 p.m. Packet Page Number 1 of 280 February 25, 2013 City Council Meeting Minutes 1 Item E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, February 25, 2013 Council Chambers, City Hall Meeting No. 04-13 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:02 p.m. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE A representative from Boy Scout Troup 416 was present in the audience and led the council in the pledge of allegiance. C. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA M2 Fish Creek Event M3 Snow Shoveling M4 Listening Forum M5 Charitable Gambling Funds M6 Death of Cable Commission Member Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of February 4, 2013 City Council Workshop Minutes Councilmember Juenemann moved to approve the February 4, 2013 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – Mayor Rossbach, Council Member Cardinal, Juenemann and Koppen Abstain – Councilmember Cave The motion passed. Packet Page Number 2 of 280 February 25, 2013 City Council Meeting Minutes 2 2. Approval of February 11, 2013 City Council Workshop Minutes Councilmember Juenemann moved to approve the February 11, 2013 City Council Workshop Minutes as submitted. Seconded by Mayor Rossbach Ayes – All The motion passed. 3. Approval of February 11, 2013 City Council Meeting Minutes Change residence in item M1 to read residents. Councilmember Koppen moved to approve the February 11, 2013 City Council Workshop Minutes amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS None G. CONSENT AGENDA Councilmember Juenemann requested agenda items G8 be highlighted. Councilmember Cave had a question for agenda item G3. Councilmember Juenemann moved to approve agenda items G1-G8. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 658,909.23 Checks # 89149 thru # 89246 dated 02/06/13 thru 02/12/13 $ 402,084.82 Disbursements via debits to checking account dated 02/04/13 thru 02/08/13 $ 167,491.02 Checks # 89247 thru # 89366 dated 02/19/13 $ 260,941.29 Disbursements via debits to checking account dated 02/11/13 thru 02/15/13 $ 1,489,426.36 Total Accounts Payable Packet Page Number 3 of 280 February 25, 2013 City Council Meeting Minutes 3 PAYROLL: $ 515,870.81 Payroll Checks and Direct Deposits dated 02/15/13 $ 763.00 Payroll Deduction check # 9989160 thru # 9989161 dated 02/15/13 $ 516,633.81 Total Payroll $ 2,006,060.17 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of a Temporary Gambling Permit Resolution for The Church of St. Pascal Baylon Councilmember Juenemann moved to approve the Lawful Gambling Resolution for the Church of St. Pascal Baylon. RESOLUTION 13-2-864 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Church of St. Pascal Baylon. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Koppen Ayes – all The motion passed. 3. Approval of a Conditional Use Permit Review, CarMax, Mogren Retail Addition Assistant City Manager Ahl answered questions of the council. Councilmember Juenemann moved to approve to Review the Conditional Use Permit for the CarMax Conditional Use Permit and the Mogren Retail Addition planned unit development again in one year. Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 4 of 280 February 25, 2013 City Council Meeting Minutes 4 4. Approval of Cost Share Agreement with Metropolitan Council for Inflow/Infiltration Improvements Councilmember Juenemann moved to approve the resolution for the Inflow/Infiltration cost share agreement with the Metropolitan Council and direct the Assistant City Manager to enter into the cost share agreement. Minor modifications approved by the City Attorney are authorized as needed for the agreement. RESOLUTION 13-2-865 APPROVAL OF COST SHARE AGREEMENT WITH THE METROPOLITAN COUNCIL FOR INFLOW/INFILTRATION IMPROVEMENTS WHEREAS, the City Council of Maplewood, Minnesota has heretofore approved the cost share agreement between the City of Maplewood and the Metropolitan Council for inflow/infiltration improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Assistant City Manager is hereby authorized to enter into the cost share agreement. Adopted by the Maplewood City Council on this 25th day of February 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bid, Bid Package 4, East Metro Public Safety Training Center, City Project 09-09 Councilmember Juenemann moved to approve the Resolution for Approving Plans and Advertisement for Bids, East Metro Public Safety Training Center Bid Package 4, City Project 09- 09. RESOLUTION 13-2-866 APPROVING PLANS ADVERTISING FOR BIDS (BID PACKAGE 4 – Simulation and Training Building) WHEREAS, pursuant to resolution passed by the City Council on May 14, 2012 and June 25, 2012, plans and specifications for the East Metro Public Safety Training Center Improvements, City Project 09-09, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications for Bid Package 4, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Engineer. Packet Page Number 5 of 280 February 25, 2013 City Council Meeting Minutes 5 2. The City Clerk or office of the City Engineer shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 20th day of March, 2013, at City Hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular City Council meeting of March 25, 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of Revised Resolution for the Pride of Maplewood Program Councilmember Juenemann moved to approve the Resolution for the revised Pride of Maplewood Program. RESOLUTION 13-2-867 A RESOLUTION OF THE MAPLEWOOD CITY COUNCIL ESTABLISHING AN EMPLOYEE RECOGNITION PROGRAM AND DECLARING THAT SUCH PROGRAMS BENEFIT THE PUBLIC BY PROMOTING EFFICIENCY, INITIATIVE, WELLNESS AND MORALE AMONG PUBLIC EMPLOYEES. WHEREAS, employees throughout the City of Maplewood work diligently and effectively on behalf of the public everyday; and WHEREAS, City employees should be recognized for the exceptional work that they perform; and WHEREAS, rewarding City employees enhances productivity, efficiency, wellness and morale in the performance of their duties; and WHEREAS, it is in the public good to recognize City employees for outstanding performance and/or noteworthy contributions to the accomplishment of the overall objectives of the City; and WHEREAS, the Maplewood City Council supports the issuance of rewards for City employees to encourage superior performance in their duties; NOW THEREFORE BE IT RESOLVED by the Council of the City of Maplewood that: 1. In recognition of superior performance and noteworthy contributions to the accomplishment of the overall objectives of the City, it is for the good of the public that the City of Maplewood establish a formal Employee Recognition Program to promote efficiency, initiative and morale among employees of the City of Maplewood. 2. Said program shall be administered under the direction of the City Manager and direct expenses for said program shall not exceed $1,250 annually. Recipients will receive a non cash award of de minimis value. Packet Page Number 6 of 280 February 25, 2013 City Council Meeting Minutes 6 This Resolution shall take effect from and after its adoption. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Consider Authorization to Enter into Document Scanning Contract with Mid- America Business Systems Councilmember Juenemann moved to give authorization to enter into a contract with Mid-America Business Systems for scanning services not to exceed $60,000 Seconded by Councilmember Juenemann Ayes – All The motion passed. 8. 2012 Planning Commission Annual Report Councilmember Juenemann noted a change in the Planning Commissions 2012 Annual Report. Under CONDITIONAL USE PERMITS AND REVISION, RSI Metals Recycling Facility CUP was withdrawn; therefore the report should reflect it was withdrawn. Councilmember Juenemann moved to approve the Planning Commission’s 2012 Annual Report with one change as noted. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING None I. UNFINISHED BUSINESS 1. Hills and Dales Area Street Improvements, City Project 09-15, Resolution Adopting Revised Assessment Roll Assistant City Engineer Love gave the staff report and answered questions of the council. City Attorney Kantrud answered additional questions of the council. The following people spoke: 1. Diana Longrie, Attorney 2. Raymond Decker, 2002 Duluth Street Councilmember Juenemann moved to approve the Resolution for the Adoption of the Revised Assessment Roll for the Hills and Dales Area Street Improvements, City Project 09-15 RESOLUTION 13-2-868 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on February 11th, 2013, the assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15, was presented in a Public Hearing format (Reassessment), pursuant to Minnesota Statutes, Chapter 429, and Packet Page Number 7 of 280 February 25, 2013 City Council Meeting Minutes 7 WHEREAS, three property owners filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 162922140017 – Raymond R. Decker; 2002 Duluth Street. It is currently proposed that the property be assessed for $6,800. Mr. Decker is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 2. Parcel 162922110075 – Joseph and Kerry Brabbit; 2132 Atlantic Street. It is currently proposed that the property be assessed for $6,800. Mr. and Mrs. Brabbit are that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 3. Parcel 162922110099 – Esther D. Olson; 2117 Atlantic Street. It is currently proposed that the property be assessed for $6,800. Ms. Olson is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 4. Parcel 162922140012 – Arthur Moore and Megan Nelson; 1232 Shryer Avenue. It is currently proposed that the property be assessed for $6,800. Mr. Moore and Ms. Nelson are requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 5. Parcel 162922140045 – Kenneth G. and Therese A. Dufner; 2017 Duluth Street. It is currently proposed that the property be assessed for $6,800. Mr. and Mrs. Dufner are requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 6. Parcel 092922440069 – Peggy J. Hartzell; 1246 County Road B East. It is currently proposed that the property be assessed for $5,200. Ms. Hartzell is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 7. Parcel 092922440076 – Jay R. Gruett; 1237 Leland Road. It is currently proposed that the property be assessed for $4,000. Mr. Gruett is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 8. Parcel 092922440086 – Rebecca Gurrola; 2210 Duluth Street. It is currently proposed that the property be assessed for $5,200. Ms. Gurrola is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 9. Parcel 142922440047 – Phoenix Residence, Inc.; 1685 Howard Street. It is currently proposed that the property be assessed for $6,300. Phoenix Residence, Inc. is requesting that the assessment be cancelled due to the assessment amount being Packet Page Number 8 of 280 February 25, 2013 City Council Meeting Minutes 8 greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 10. Parcel 142922410048 – Phoenix Residence, Inc.; 1866 Furness Street. It is currently proposed that the property be assessed for $6,800. Phoenix Residence, Inc. is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. 11. Parcel 142922440047 – Phoenix Residence, Inc.; 1685 Howard Street. It is currently proposed that the property be assessed for $6,300. Phoenix Residence, Inc. is requesting that the assessment be cancelled due to the assessment amount being greater than the benefit to the property and the reassessment not occurring in a reasonable amount of time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15: 1. Parcel 162922140017 – Raymond R. Decker; 2002 Duluth Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 2. Parcel 162922110075 – Joseph and Kerry Brabbit; 2132 Atlantic Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 3. Parcel 162922110099 – Esther D. Olson; 2117 Atlantic Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 4. Parcel 162922140012 – Arthur Moore and Megan Nelson; 1232 Shryer Avenue. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 5. Parcel 162922140045 – Kenneth G. and Therese A. Dufner; 2017 Duluth Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 6. Parcel 092922440069 – Peggy J. Hartzell; 1246 County Road B East. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 7. Parcel 092922440076 – Jay R. Gruett; 1237 Leland Road. Packet Page Number 9 of 280 February 25, 2013 City Council Meeting Minutes 9 It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 8. Parcel 092922440086 – Rebecca Gurrola; 2210 Duluth Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 9. Parcel 142922440047 – Phoenix Residence, Inc.; 1685 Howard Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 10. Parcel 142922410048 – Phoenix Residence, Inc.; 1866 Furness Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. 11. Parcel 142922440048 – Bob A. M. Serreyn and Dominic J. Chiappetta; 1695 Howard Street. It is recommended to deny cancellation of the reassessment as the property received direct benefit (per appraisal) from the street reconstruction and utility improvements and the reassessment occurred in a reasonable amount of time. B. The assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2014 and shall bear interest at the rate of 5.0 percent per annum. To the first installment shall be added interest on the entire assessment from February 25, 2013 until December 31, 2014. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the reassessment to the county auditor, pay the whole of the reassessment on such property, with interest accrued to the date of payment, to the City of Maplewood, except that no interest shall be charged if the entire reassessment is paid within 30 days from the adoption of the reassessment. Owner may at any time thereafter, pay to the Ramsey County the entire amount of the reassessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. E. The City Engineer and City Clerk shall forthwith after November 15, 2013 but no later than November 16, 2013 transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Packet Page Number 10 of 280 February 25, 2013 City Council Meeting Minutes 10 Adopted by the council on this 25th day of February, 2013. Seconded by Councilmember Koppen Ayes – Mayor Rossbach, Council Members Cardinal, Juenemann and Koppen Nays – Councilmember Cave The motion passed. 2. Approval of Contract Extension through 2014 for City Attorney and City Prosecution Services with H. Alan Kantrud Assistant City Manager Ahl presented the staff report and answered questions of the council. Councilmember Cave moved to approve the contract extension with H. Alan Kantrud for 2014 as City Attorney/City Prosecutor and authorize the Mayor and City Manager to execute said contract. The staff will send via email a copy of the updated contract to the council members for their records. Seconded by Councilmember Juenemann Ayes – All The motion passed. J. NEW BUSINESS 1. Approval of a Comprehensive Plan Amendment from P (Park) to LDR (Low Density Residential) for Privately-Owned Property in the Gladstone Neighborhood Senior Planner Ekstrand gave the staff report and answered questions of the council. Councilmember Juenemann moved to adopt the Resolution approving a Comprehensive Land Use Plan Amendment from P (Park) to LDR (Low Density Residential) for the property located west of Gloster Park. RESOLUTION 13-2-869 LAND USE PLAN AMENDMENT WHEREAS, the City of Maplewood Planning Staff has requested a change to the City of Maplewood’s land use plan from P (park) to LDR (low density residential). WHEREAS, this change applies to the property located west of Gloster Park. The property identification number is: 16 29 22 42 0057 WHEREAS, the history of this change is as follows: 1. On February 5, 2013, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. 2. On February 25, 2013, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. Packet Page Number 11 of 280 February 25, 2013 City Council Meeting Minutes 11 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above described change for the following reasons: 1. The reclassification to LDR would eliminate an inconsistency between the zoning map and the land use plan. 2. Private property should not be guided for public use. This action is subject to the Metropolitan Council approving this land use plan amendment before it is official. The Maplewood City Council approved this resolution on February 25, 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approve Authorization for Improvements at 1902 E. County Road B – Police Department Expansion Phase 1 – Parks & Recreation Department Portion IT Director Fowlds gave the staff report and answered questions of the council. Councilmember Cardinal moved to approve project as Improvements at 1902 E. County Road B – Police Department Expansions Phase 1 – Parks & Recreation Department Portion;approve the plans for the construction work at the Public Works Building; authorize the receipt of project bids for said construction work. Seconded by Councilmember Koppen Ayes – All The motion passed. K. AWARD OF BIDS None L. ADMINISTRATIVE PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Council Member Cardinal – Request to Place Discussion of Annexation of Property to N. St Paul on Future Agenda Councilmember Cardinal gave the report. Mayor Rossbach moved to not continue discussion about this item by placing it on a future meeting agenda. Seconded by Councilmember Juenemann Ayes – Mayor Rossbach, Council Member Juenemann and Koppen Nays – Council Members Cardinal and Cave The motion passed. Packet Page Number 12 of 280 February 25, 2013 City Council Meeting Minutes 12 2. Fish Creek Councilmember Juenemann gave an update on the Fish Creek Event Get Together that was held at the MCC on February 22, 2013 indicating that it was a successful event. . 3. Snow Shoveling Councilmember Juenemann encouraged residents that have fire hydrants on their property to assist the City with shoveling around them if they are able. 4. Listening Forum Councilmember Koppen suggested that the city council not conduct the Listening Forum that is held at 6:30 p.m. before council meetings until a better way is decided on how to conduct it. It was agreed that the council would look for other opportunities and discuss the issue at the upcoming council retreat or a future council workshop. 5. Charitable Gambling Funds Mayor Rossbach inquired if there were some funds left in the charitable gambling fund. He further asked if the council could request some of the money be spent on something. Assistant City Manager Ahl answered questions related to charitable gambling requests. Mayor Rossbach further explained that he had been contacted by a representative of Redeeming Love Church for funding for a Dental Bus that travels around to help the homeless with dental work. 6. Death of Cable Commission Member Councilmember Cardinal informed residents that Cable Commissioner George Rouse of White Bear Township passed away last Saturday and offered condolences to his family and friends. Further Council Comments Mayor Rossbach informed residents that the City Council will have a joint workshop with the City of Oakdale on Tuesday, February 26, 2013 at Oakdale City Hall at 5:00 p.m. City Manager Antonen reminded council that the March 4th City Council Workshop has been cancelled due to the council retreat on March 6th. N. ADJOURNMENT Mayor Rossbach adjourned the meeting at 8:21 p.m. Packet Page Number 13 of 280 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 14 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx AGENDA NO.G-1 TO:City Council FROM:Finance Manager RE:APPROVAL OF CLAIMS DATE: 318,210.99$ Checks # 89337 thru # 89379 dated 02/20/13 thru 02/26/13 366,033.45$ Disbursements via debits to checking account dated 02/19/13 thru 02/22/13 842,922.62$ Checks # 89380 thru # 89479 dated 02/28/13 thru 03/05/13 304,909.78$ Disbursements via debits to checking account dated 02/25/13 thru 03/01/13 1,832,076.84$ Total Accounts Payable 527,068.74$ Payroll Checks and Direct Deposits dated 03/01/13 763.00$ Payroll Deduction check # 9989203 thru # 9989204 dated 03/01/13 527,831.74$ Total Payroll 2,359,908.58$ GRAND TOTAL as attachments Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. PAYROLL AGENDA REPORT March 11, 2013 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: Packet Page Number 15 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx Check Description Amount 89337 02464 FUNDS FOR ATMS 10,000.00 89338 00585 NET BILLABLE TICKETS - JAN 214.70 89339 04206 ATTORNEY SRVS FEES/RENT - MARCH 15,433.33 89340 00985 WASTEWATER - MARCH 217,290.63 89341 01202 RECREATION BROCHURE - FEB 11,883.22 01202 MAPLEWOOD MONTHLY - FEB 7,207.46 01202 DAY CAMP BROCHURES 356.96 01202 DAY CAMP BROCHURE - 2ND ORDER 264.36 89342 01497 REBATE CALCULATIONS 3,100.00 01497 REBATE CALCULATIONS 3,100.00 89343 01190 ELECTRIC & GAS UTILITY 8,058.07 01190 ELECTRIC & GAS UTILITY 3,177.44 01190 ELECTRIC & GAS UTILITY 545.32 01190 FIRE SIRENS 56.94 89344 01798 CONTRACT DIESEL FUEL - FEB 9,881.43 89345 04199 PD JUVENILE REFERRAL SRVS - 1ST QTR 6,630.00 89346 02880 TECHNICIAN SITE VISIT 291.00 89347 00111 PATROL & CALL-OUT 1/28 - 2/10 1,400.00 89348 05114 PROJ 11-11 CONSULTING SERVICES 480.00 89349 00211 CONSTRUCTION MATERIALS TESTING 491.00 89350 02506 PROJ 09-08 MOVE ELECTRIC SERVICE 6,380.00 89351 04995 TRAINING - BUSACK 129.00 89352 00857 PATROL ONLINE TRAINING SUB 1,785.00 00857 TRAINING - DOBLAR 20.00 00857 TRAINING - KVAM 20.00 89353 00983 LEASE PMT 2/15 - 3/15 484.14 89354 01088 HAZARDOUS WASTE ANNUAL FEE 269.00 89355 01175 MONTHLY UTILITIES - JAN 2,529.57 01175 FIBER OPTIC ACCESS CHG - FEB 1,068.75 89356 00001 REFUND R BERRY MEMBERSHIP 441.71 89357 00001 REFUND S HERRON OVERPD AMB 25.00 89358 00001 REFUND C VOS HEART HOPPERS PARTY 9.00 89359 00001 REFUND H BLOMKER HEART HOPPERS 9.00 89360 01239 REIMB FOR SUPPLIES 02/14 75.49 89361 01345 HAZARDOUS WASTE LICENSE 293.49 89362 02008 SALT BRINE FOR PRE-WET SYS - JAN 248.96 89363 01359 CAR WASHES - JAN 95.00 89364 02001 PHONE SERVICE - FEB 1,436.20 89365 00006 REFUND MOHWINKEL - MEMBERSHIP 412.41 89366 00006 REFUND DESAI - MEMBERSHIP 395.68 89367 00006 REFUND SOFIE - MEMBERSHIP 254.40 89368 00006 REFUND J MOORE - MEMBERSHIP 187.13 89369 00006 REFUND B ERICKSON - MEMBERSHIP 149.94 89370 00006 REFUND D WATNEMO - MEMBERSHIP 142.80 89371 00006 REFUND L JOHNSON - MEMBERSHIP 112.28 89372 00006 REFUND L MOERKL - MEMBERSHIP 74.31 89373 00006 REFUND R SKOGE - MEMBERSHIP 72.84 89374 00006 REFUND B SIMONS - MEMBERSHIP 57.12 89375 00006 REFUND J ANDERSON - MEMBERSHIP 57.12 89376 00006 REFUND M OHATA - MEMBERSHIP 32.84 89377 00006 REFUND D CHRISTENSON - MEMBERSHIP 32.13 89378 01836 MAINTAIN STREET LIGHTS - JAN 786.74 89379 01789 ANNUAL SEWER MAINTENANCE 51W 262.08 Check Register City of Maplewood 02/22/2013 Date Vendor 02/20/2013 US BANK 02/26/2013 NYSTROM PUBLISHING CO INC 02/26/2013 NYSTROM PUBLISHING CO INC 02/26/2013 NYSTROM PUBLISHING CO INC 02/26/2013 GOPHER STATE ONE-CALL 02/26/2013 H.A. KANTRUD 02/26/2013 METROPOLITAN COUNCIL 02/26/2013 XCEL ENERGY 02/26/2013 XCEL ENERGY 02/26/2013 XCEL ENERGY 02/26/2013 NYSTROM PUBLISHING CO INC 02/26/2013 SPRINGSTED INC 02/26/2013 SPRINGSTED INC 02/26/2013 ZAHL PETROLEUM MAINTENANCE CO 02/26/2013 ANIMAL CONTROL SERVICES 02/26/2013 BOLTON & MENK, INC. 02/26/2013 XCEL ENERGY 02/26/2013 YOCUM OIL CO. 02/26/2013 YOUTH SERVICE BUREAU, INC. 02/26/2013 LEAGUE OF MINNESOTA CITIES 02/26/2013 LEAGUE OF MINNESOTA CITIES 02/26/2013 LEAGUE OF MINNESOTA CITIES 02/26/2013 BRAUN INTERTEC CORP. 02/26/2013 HUNT ELECTRIC CORP 02/26/2013 KFD TRAINING & CONSULTATION 02/26/2013 CITY OF NORTH ST PAUL 02/26/2013 ONE TIME VENDOR 02/26/2013 ONE TIME VENDOR 02/26/2013 METRO SALES INC 02/26/2013 MN POLLUTION CONTROL AGENCY 02/26/2013 CITY OF NORTH ST PAUL 02/26/2013 RAMSEY COUNTY 02/26/2013 RAMSEY COUNTY PUBLIC WORKS 02/26/2013 REGAL AUTO WASH BILLING 02/26/2013 ONE TIME VENDOR 02/26/2013 ONE TIME VENDOR 02/26/2013 MARY KAY PALANK 02/26/2013 SILVER SNEAKERS 02/26/2013 SILVER SNEAKERS 02/26/2013 SILVER SNEAKERS 02/26/2013 CITY OF ROSEVILLE 02/26/2013 SILVER SNEAKERS 02/26/2013 SILVER SNEAKERS 02/26/2013 SILVER SNEAKERS 02/26/2013 SILVER SNEAKERS 02/26/2013 SILVER SNEAKERS 02/26/2013 SILVER SNEAKERS 02/26/2013 SILVER SNEAKERS 02/26/2013 SILVER SNEAKERS 02/26/2013 CITY OF WOODBURY 318,210.99 43 Checks in this report. 02/26/2013 SILVER SNEAKERS 02/26/2013 SILVER SNEAKERS 02/26/2013 CITY OF ST PAUL Packet Page Number 16 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx Settlement Date Payee Description Amount 2/19/2013 MN State Treasurer Drivers License/Deputy Registrar 18,838.78 2/19/2013 U.S. Treasurer Federal Payroll Tax 99,988.72 2/19/2013 P.E.R.A.P.E.R.A.89,096.02 2/19/2013 ICMA (Vantagepointe)Retiree Health Savings 118.11 2/19/2013 MidAmerica - ING HRA Flex plan 23,891.57 2/19/2013 Labor Unions Union Dues 3,538.90 2/20/2013 MN State Treasurer Drivers License/Deputy Registrar 30,364.65 2/20/2013 MN Dept of Revenue Sales Tax 12,209.00 2/20/2013 MN State Treasurer State Payroll Tax 20,598.70 2/21/2013 MN State Treasurer Drivers License/Deputy Registrar 34,846.33 2/21/2013 MN Dept of Revenue Fuel Tax 544.92 2/22/2013 MN State Treasurer Drivers License/Deputy Registrar 25,478.90 2/22/2013 Optum Health DCRP & Flex plan payments 6,518.85 TOTAL 366,033.45 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 17 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx Check Description Amount 89380 00986 MONTHLY SAC - JAN 4,682.70 89381 02149 MARKETING & ADVERTISING - FEB 4,000.00 89382 04917 PROJ 04-21 GLADSTONE I PARTPMT#9 368,385.18 89383 04316 AUTO PAWN SYSTEM - JAN 467.40 89384 03789 REIMB FOR OFF DUTY GUM 400.00 89385 01337 FLEET SUPPORT FEE - FEB 418.08 89386 01409 WETLAND MITIGATION MONITORING 1,703.46 01409 WETLAND DELINEATION 1,012.62 89387 04252 CUTTING EDGE SYS/PARTS-PLOW TRUCKS 9,801.93 04252 FILL ADAPTOR 50.66 89388 01190 ELECTRIC & GAS UTILITY 20,024.59 01190 ELECTRIC & GAS UTILITY 11,241.12 89389 01798 DIESEL FUEL - OFF RACK FOR PW FLEET 10,109.86 89390 04047 MCC SUPPORT - JAN 382.00 89391 04848 MONTHLY PREMIUM - MARCH 240.67 89392 04471 SOUND TECHNICIAN MCC MARCH 9 550.00 89393 05191 PARTICIPATION IN SCHOOL CARNIVAL 50.00 89394 04066 CERTIFICATION ELECTRICAL MAINT 2,000.00 89395 04818 SPEAKER FUR TRADE PRESENTATIONS 450.00 89396 00412 REGISTRATION FEE - L RESENDIZ 500.00 00412 REGISTRATION FEE - R HORWATH 500.00 89397 05193 SPEAKER FUR TRADE PRESENTATION 500.00 89398 00451 NEW HEATING SYS & REPAIR 3,700.00 00451 NEW HEATING SYS & REPAIR 967.50 89399 00472 CONSULTING FEES 2/11 - 2/22 1,250.00 89400 02929 LTC MONTHLY PREMIUM - MARCH 336.72 89401 00644 MONTHLY PREMIUM - MARCH 12,106.41 89402 02263 ANIMAL BOARDING & DESTRUCTION 313.56 89403 03978 DINNER - FISH CREEK EVENT FEB 22 2,394.00 89404 05192 REIMB FOR MILEAGE 1/2 - 1/25 86.45 89405 05190 TRAINING - BIERDEMAN 329.00 89406 03818 MONTHLY PREMIUM - MARCH 152,202.25 89407 01126 MONTHLY PREMIUM - MARCH 528.00 89408 05194 SPEAKER FOR FISH CREEK EVENT 300.00 89409 02909 ROAD SALT~7,385.73 02909 ROAD SALT~5,597.11 02909 ROAD SALT~3,875.35 89410 00001 REFUND T BURTON TRANS MEDIC 644.77 89411 00001 REFUND C LEE TRANS MEDIC 228.00 89412 00001 REFUND G ANDERSON MEMBERSHIP DIFF 102.84 89413 00001 REFUND R SCHULZE TRANS MEDIC 82.62 89414 00001 REFUND R VIDGER NON-RES FEE 80.34 89415 00001 REFUND Z MOHAMED CANCELLED PROG 42.00 89416 00001 REFUND D ALLEN BCBS BENEFIT 40.00 89417 00001 REFUND R NEBY HP BENEFIT 20.00 89418 02903 PROJ 09-09 PHASE 1 PMT#2 163,303.25 89419 01418 CONCESSIONS 107.31 01418 CONCESSIONS 53.22 89420 03879 EMS FEES - MARCH 577.08 89421 04074 TAI CHI INSTRUCTION - WINTER 240.60 89422 00006 REFUND BAKKEN - UCARE BENEFIT 556.86 89423 00006 REFUND ELTON - UCARE BENEFIT 545.71 89424 00006 REFUND R HURLEY - UCARE BENEFIT 522.42 89425 00006 REFUND ARMSTRONG - UCARE BENEFIT 516.18 89426 00006 REFUND A FREEMAN - UCARE BENEFIT 515.28 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 ELAINE SCHRADE 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SAM'S CLUB DIRECT 03/05/2013 SAM'S CLUB DIRECT 03/05/2013 SANSIO 03/05/2013 ONE TIME VENDOR 03/05/2013 ONE TIME VENDOR 03/05/2013 PARK CONSTRUCTION CO 03/05/2013 ONE TIME VENDOR 03/05/2013 ONE TIME VENDOR 03/05/2013 ONE TIME VENDOR 03/05/2013 ONE TIME VENDOR 03/05/2013 ONE TIME VENDOR 03/05/2013 ONE TIME VENDOR 03/05/2013 NORTH AMERICAN SALT CO 03/05/2013 NORTH AMERICAN SALT CO 03/05/2013 NORTH AMERICAN SALT CO 03/05/2013 MEDICA 03/05/2013 NCPERS MINNESOTA 03/05/2013 CHRIS DAVID NISKANEN 03/05/2013 KANE'S CATERING SERVICE, INC 03/05/2013 CAITLIN KELLEY 03/05/2013 LIFELINE TRAINING, LTD. 03/05/2013 GLTC PREMIUM PAYMENTS 03/05/2013 HEALTHPARTNERS 03/05/2013 HILLCREST ANIMAL HOSPITAL PA 03/05/2013 EGAN COMPANIES INC 03/05/2013 EGAN COMPANIES INC 03/05/2013 MICHAEL A ERICSON 03/05/2013 DONALD SALVERDA & ASSOCIATES 03/05/2013 DONALD SALVERDA & ASSOCIATES 03/05/2013 JOHN BRIDGES DRISCOLL 03/05/2013 CASTLE ELEMENTARY SCHOOL 03/05/2013 CONNECT ELECTRIC 03/05/2013 BRENDA DANNER 03/05/2013 ASHLAND PRODUCTIONS 03/05/2013 AVESIS 03/05/2013 B&B AVM INC. 03/05/2013 XCEL ENERGY 03/05/2013 XCEL ENERGY 03/05/2013 YOCUM OIL CO. 03/05/2013 S.E.H. 03/05/2013 TOWMASTER TRUCK EQUIP. INC. 03/05/2013 TOWMASTER TRUCK EQUIP. INC. 03/05/2013 MICHAEL NYE 03/05/2013 RAMSEY COUNTY-PROP REC & REV 03/05/2013 S.E.H. 03/05/2013 HEIDI CAREY 03/05/2013 LUNDA CONSTRUCTION CO. 03/05/2013 CITY OF MINNEAPOLIS RECEIVABLES Check Register City of Maplewood 03/01/2013 Date Vendor 02/28/2013 METROPOLITAN COUNCIL Packet Page Number 18 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx 89427 00006 REFUND LUEDER - UCARE BENEFIT 510.58 89428 00006 REFUND MCDONOUGH - UCARE BENEFIT 492.62 89429 00006 REFUND G FREDERICKS - UCARE BENEFIT 485.81 89430 00006 REFUND R ODEEN - UCARE BENEFIT 477.64 89431 00006 REFUND J CRENSHAW - UCARE BENEFIT 469.40 89432 00006 REFUND C BERTHIAUME - UCARE BENEFIT 457.24 89433 00006 REFUND BARRETT - UCARE BENEFIT 456.72 89434 00006 REFUND STRIGHT - UCARE BENEFIT 446.38 89435 00006 REFUND CARPENTER - UCARE BENEFIT 435.88 89436 00006 REFUND K LATHAM - UCARE BENEFIT 430.02 89437 00006 REFUND O'CONNOR - UCARE BENEFIT 428.14 89438 00006 REFUND QUINLAN - MEMBERSHIP 417.34 89439 00006 REFUND C NELSON - UCARE BENEFIT 402.80 89440 00006 REFUND Y NELSON - UCARE BENEFIT 402.80 89441 00006 REFUND M JAMES - UCARE BENEFIT 368.77 89442 00006 REFUND P WEBER - MEMBERSHIP 336.91 89443 00006 REFUND LISTON - MEMBERSHIP 322.40 89444 00006 REFUND J NICHOL - MEMBERSHIP 314.27 89445 00006 REFUND E SOCERBECK - UCARE BENEFIT 277.08 89446 00006 REFUND J HOPPE - UCARE BENEFIT 267.23 89447 00006 REFUND E HOFFHINES - UCARE BENEFIT 262.80 89448 00006 REFUND H MERTH - UCARE BENEFIT 249.24 89449 00006 REFUND S BRANDT - UCARE BENEFIT 246.06 89450 00006 REFUND V ALBU - UCARE BENEFIT 228.56 89451 00006 REFUND G SCHNAITH - UCARE BENEFIT 225.72 89452 00006 REFUND T CARLSTROM - UCARE BENEFIT 222.84 89453 00006 REFUND W MCDOWELL - UCARE BENEFIT 209.31 89454 00006 REFUND P BUETOW - UCARE BENEFIT 180.00 89455 00006 REFUND S BLACKSTOCK - UCARE BENEFIT 180.00 89456 00006 REFUND W PEARSON - UCARE BENEFIT 180.00 89457 00006 REFUND R SCHUDER - UCARE BENEFIT 166.86 89458 00006 REFUND P ZACHAU - UCARE BENEFIT 165.00 89459 00006 REFUND M OHATA - UCARE BENEFIT 165.00 89460 00006 REFUND J STAHLMANN - UCARE BENEFIT 138.68 89461 00006 REFUND D JOHNSON - UCARE BENEFIT 135.00 89462 00006 REFUND L JOHNSON - UCARE BENEFIT 120.00 89463 00006 REFUND SWANSON - UCARE BENEFIT 120.00 89464 00006 REFUND C LOIDA - UCARE BENEFIT 120.00 89465 00006 REFUND M JANSSEN - UCARE BENEFIT 120.00 89466 00006 REFUND R OUIMET - UCARE BENEFIT 105.00 89467 00006 REFUND C WIDERSKI - UCARE BENEFIT 100.00 89468 00006 REFUND L JUERGENS - UCARE BENEFIT 60.00 89469 00006 REFUND J SCHUH - MEMBERSHIP 59.26 89470 00006 REFUND DORN-BROWN - UCARE BENEFIT 45.00 89471 00006 REFUND S ALBERTSON - UCARE BENEFIT 45.00 89472 00006 REFUND C PRESS - UCARE BENEFIT 45.00 89473 00006 REFUND J RUIZ - UCARE BENEFIT 45.00 89474 00006 REFUND W THALHUBER - UCARE BENEFIT 45.00 89475 04240 SIGN LANGUAGE INTERPRETER - DEC 360.00 04240 SIGN LANGUAGE INTERPRETER - JAN 300.00 89476 04334 DUTY PISTOL AMMUNITION ORDER 1,041.00 89477 00529 LTD PLAN 4043120-2 - MARCH 3,090.84 00529 STD PLAN 4043120-1 - MARCH 2,361.09 89478 03606 PROJ 11-09 MW MALL SIDEWALK PMT#4 25,854.25 89479 05013 CONTRACT MAINT WORK CH/PW EQUIP 710.2503/05/2013 YALE MECHANICAL LLC 842,922.62 100 Checks in this report. 03/05/2013 UNION SECURITY INSURANCE CO 03/05/2013 UNION SECURITY INSURANCE CO 03/05/2013 URBAN COMPANIES 03/05/2013 SPORTSIGN 03/05/2013 SPORTSIGN 03/05/2013 ULTRAMAX 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS 03/05/2013 SILVER SNEAKERS Packet Page Number 19 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx Settlement Date Payee Description Amount 2/25/2013 MN State Treasurer Drivers License/Deputy Registrar 43,559.28 2/25/2013 MN Dept of Natural Resources DNR electronic licenses 2,813.50 2/25/2013 Pitney Bowes Postage 2,985.00 2/26/2013 MN State Treasurer Drivers License/Deputy Registrar 16,321.58 2/27/2013 MN State Treasurer Drivers License/Deputy Registrar 48,492.00 2/27/2013 US Bank Bank fees 168.32 2/28/2013 MN State Treasurer Drivers License/Deputy Registrar 58,032.71 3/1/2013 MN State Treasurer Drivers License/Deputy Registrar 34,627.13 3/1/2013 MN Dept of Natural Resources DNR electronic licenses 1,039.00 3/1/2013 US Bank VISA One Card*Purchasing card items 53,258.80 3/1/2013 US Bank Merchant Services Credit Card Billing fee 2,682.37 3/1/2013 Optum Health DCRP & Flex plan payments 5,499.85 3/1/2013 ICMA (Vantagepointe)Deferred Compensation 4,164.15 3/1/2013 ING - State Plan Deferred Compensation 31,266.09 TOTAL 304,909.78 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 20 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx Transaction Date Posting Date Merchant Name Transaction Amount Name 02/19/2013 02/21/2013 MINNESOTA GOVERNMENT F $60.00 GAYLE BAUMAN 02/08/2013 02/11/2013 PAPER PLUS-ROS00108803 $827.75 REGAN BEGGS 02/08/2013 02/11/2013 PAPER PLUS-ROS00108803 $777.73 REGAN BEGGS 02/08/2013 02/11/2013 PAPER PLUS-ROS00108803 $207.39 REGAN BEGGS 02/08/2013 02/11/2013 PAPER PLUS-ROS00108803 $207.39 REGAN BEGGS 02/08/2013 02/11/2013 PAPER PLUS-ROS00108803 $39.05 REGAN BEGGS 02/08/2013 02/11/2013 OFFICE DEPOT #1090 $167.08 REGAN BEGGS 02/08/2013 02/11/2013 LA POLICE GEAR INC $45.21 STANLEY BELDE 02/14/2013 02/15/2013 CANDYWAREHOUSE.COM, INC.$74.67 CHRISTINE BERNARDY 02/14/2013 02/15/2013 PARTY CITY #768 $25.67 CHRISTINE BERNARDY 02/14/2013 02/18/2013 JOANN ETC #1970 $92.21 CHRISTINE BERNARDY 02/14/2013 02/18/2013 OFFICE MAX $30.83 CHRISTINE BERNARDY 02/15/2013 02/18/2013 COSTA LUDUS LLC $665.00 BRIAN BIERDEMAN 02/20/2013 02/22/2013 KEEPRS INC 2 $517.67 BRIAN BIERDEMAN 02/21/2013 02/22/2013 USPS 26833800033400730 $32.20 OAKLEY BIESANZ 02/13/2013 02/13/2013 GALLS INTERN*$107.10 JOHN BOHL 02/14/2013 02/15/2013 MN RECREATION AND PARK A $562.00 NEIL BRENEMAN 02/15/2013 02/18/2013 FLAGHOUSE INC $140.36 NEIL BRENEMAN 02/12/2013 02/13/2013 BAMBU ASIAN CUISINE $110.00 SARAH BURLINGAME 02/15/2013 02/18/2013 TARGET 00007518 $21.41 SARAH BURLINGAME 02/21/2013 02/22/2013 YANGS CHINESE RESTAURANT $28.25 DAN BUSACK 02/08/2013 02/11/2013 VIKING ELECTRIC - CREDIT $198.81 SCOTT CHRISTENSON 02/12/2013 02/13/2013 MINNESOTA AIR OAKDALE $122.30 SCOTT CHRISTENSON 02/20/2013 02/22/2013 THE HOME DEPOT 2801 $18.69 SCOTT CHRISTENSON 02/13/2013 02/15/2013 BUERKLE HONDA $768.68 KERRY CROTTY 02/07/2013 02/11/2013 ADAM'S PEST CONTROL INC $73.81 CHARLES DEAVER 02/09/2013 02/11/2013 G&K SERVICES 182 $132.35 CHARLES DEAVER 02/07/2013 02/11/2013 NUCO2 01 OF 01 $84.83 TOM DOUGLASS 02/07/2013 02/11/2013 NUCO2 01 OF 01 $201.40 TOM DOUGLASS 02/07/2013 02/11/2013 NUCO2 01 OF 01 $132.40 TOM DOUGLASS 02/07/2013 02/11/2013 NUCO2 01 OF 01 $206.85 TOM DOUGLASS 02/07/2013 02/11/2013 NUCO2 01 OF 01 $187.78 TOM DOUGLASS 02/07/2013 02/11/2013 NUCO2 01 OF 01 $50.99 TOM DOUGLASS 02/07/2013 02/11/2013 THE HOME DEPOT 2801 $44.69 TOM DOUGLASS 02/11/2013 02/12/2013 HENRIKSEN ACE HARDWARE $2.36 TOM DOUGLASS 02/11/2013 02/13/2013 THE HOME DEPOT 2801 $19.82 TOM DOUGLASS 02/11/2013 02/13/2013 THE HOME DEPOT 2801 $22.99 TOM DOUGLASS 02/12/2013 02/14/2013 SCALE PURCHASE $173.85 TOM DOUGLASS 02/13/2013 02/15/2013 THE HOME DEPOT 2801 $20.00 TOM DOUGLASS 02/14/2013 02/14/2013 SPORTSMITH $248.85 TOM DOUGLASS 02/18/2013 02/19/2013 TRI DIM FILTER CORP $125.82 TOM DOUGLASS 02/13/2013 02/14/2013 BEST BUY MHT 00000109 $42.84 JOHN DUCHARME 02/12/2013 02/13/2013 COSTA LUDUS LLC $665.00 MICHAEL DUGAS 02/19/2013 02/20/2013 JAMAR TECHNOLOGIES INC $808.11 ANDREW ENGSTROM 02/07/2013 02/11/2013 THE TRANE COMPANY $292.50 LARRY FARR 02/08/2013 02/11/2013 CINTAS #470 $89.20 LARRY FARR 02/09/2013 02/11/2013 G&K SERVICES 182 $437.08 LARRY FARR 02/09/2013 02/11/2013 G&K SERVICES 182 $791.34 LARRY FARR 02/15/2013 02/18/2013 CINTAS #470 $110.22 LARRY FARR 02/15/2013 02/18/2013 CINTAS #470 $62.85 LARRY FARR 02/15/2013 02/18/2013 CINTAS #470 $26.78 LARRY FARR 02/19/2013 02/21/2013 IMPARK 00200149 $10.00 LARRY FARR 02/21/2013 02/22/2013 CINTAS #470 $89.20 LARRY FARR 02/11/2013 02/13/2013 KEEFE CO PARKING $6.50 DAVID FISHER 02/21/2013 02/22/2013 HISTORY CENTER PARKING $5.00 DAVID FISHER 02/13/2013 02/14/2013 GANDER MOUNTAIN $9.99 TIMOTHY FLOR Packet Page Number 21 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx 02/17/2013 02/18/2013 JCPENNEY 2865 $75.00 TIMOTHY FLOR 02/19/2013 02/20/2013 MACY*S EAST #236 $74.97 TIMOTHY FLOR 02/11/2013 02/13/2013 PAYFLOW/PAYPAL $80.85 MYCHAL FOWLDS 02/12/2013 02/13/2013 ASSET RECOVERY $267.55 MYCHAL FOWLDS 02/13/2013 02/14/2013 TOSHIBA BUSINESS SOLUTION $923.60 MYCHAL FOWLDS 02/13/2013 02/14/2013 TOSHIBA BUSINESS SOLUTION $402.33 MYCHAL FOWLDS 02/21/2013 02/21/2013 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 02/08/2013 02/11/2013 IDU*INSIGHT PUBLIC SEC $1,806.67 NICK FRANZEN 02/14/2013 02/15/2013 HP SERVICES $81.18 NICK FRANZEN 02/14/2013 02/15/2013 IDU*INSIGHT PUBLIC SEC $1,939.18 NICK FRANZEN 02/16/2013 02/18/2013 AMAZON MKTPLACE PMTS $50.97 ANTHONY GABRIEL 02/20/2013 02/21/2013 AMAZON MKTPLACE PMTS $16.94 ANTHONY GABRIEL 02/19/2013 02/20/2013 ANDERSON'S MAPLE S $24.20 CAROLE GERNES 02/19/2013 02/21/2013 THE HOME DEPOT 2801 $12.83 CAROLE GERNES 02/08/2013 02/11/2013 ASPEN MILLS INC.$137.85 CLARENCE GERVAIS 02/10/2013 02/12/2013 ADVANCE AUTO PARTS #7152 $27.84 CLARENCE GERVAIS 02/12/2013 02/13/2013 NFPA NATL FIRE PROTECT $855.00 CLARENCE GERVAIS 02/13/2013 02/18/2013 3M CLUB OF ST PAUL $40.00 JEAN GLASS 02/08/2013 02/11/2013 OFFICE MAX $60.79 KAREN GUILFOILE 02/14/2013 02/15/2013 CONTINENTAL RESEARCH COR $792.73 MARK HAAG 02/12/2013 02/13/2013 B & H PHOTO-VIDEO.COM $329.10 PHENG HER 02/13/2013 02/14/2013 PAYPAL *ARMAMENTLEA $37.98 PHENG HER 02/09/2013 02/11/2013 SHOPKO 00201798 $46.76 STEVEN HIEBERT 02/08/2013 02/11/2013 DOLRTREE 3150 00031500 $32.14 RON HORWATH 02/12/2013 02/14/2013 WATER GEAR INC.$217.96 RON HORWATH 02/15/2013 02/18/2013 AMAZON MKTPLACE PMTS $69.93 RON HORWATH 02/18/2013 02/19/2013 PROTECTIVE MEDICAL $99.88 RON HORWATH 02/20/2013 02/21/2013 RUBBER STAMP CHAMP $153.99 RON HORWATH 02/21/2013 02/22/2013 HENRIKSEN ACE HARDWARE $20.89 ANN HUTCHINSON 02/21/2013 02/22/2013 SUNRAY TRUE VALUE $111.70 ANN HUTCHINSON 02/12/2013 02/13/2013 DLX FOR BUSINESS $154.10 MARY JACKSON 02/11/2013 02/12/2013 STATE SUPPLY $95.27 DAVID JAHN 02/13/2013 02/14/2013 TARGET 00011858 $10.02 DAVID JAHN 02/14/2013 02/19/2013 DALCO ENTERPRISES, INC $413.17 DAVID JAHN 02/15/2013 02/18/2013 STATE SUPPLY $87.66 DAVID JAHN 02/21/2013 02/22/2013 TARGET 00011858 $62.01 DAVID JAHN 02/11/2013 02/12/2013 WALGREENS #01751 $6.56 TOM KALKA 02/11/2013 02/13/2013 HP HOME STORE $147.81 LOIS KNUTSON 02/12/2013 02/14/2013 OFFICE DEPOT #1090 $746.76 LOIS KNUTSON 02/21/2013 02/22/2013 MHP*ENGINEERING NEWS R $79.95 LOIS KNUTSON 02/20/2013 02/20/2013 COMCAST CABLE COMM $144.04 DUWAYNE KONEWKO 02/08/2013 02/11/2013 LA POLICE GEAR INC $82.49 TOMMY KONG 02/19/2013 02/20/2013 CUB FOODS #1599 $9.61 NICHOLAS KREKELER 02/19/2013 02/20/2013 UNIFORMS UNLIMITED INC.$5.40 NICHOLAS KREKELER 02/20/2013 02/21/2013 UNIFORMS UNLIMITED INC.$75.99 BRETT KROLL 02/11/2013 02/12/2013 THE GRAFIX SHOPPE $181.69 DAVID KVAM 02/13/2013 02/13/2013 COMCAST CABLE COMM $41.00 DAVID KVAM 02/13/2013 02/14/2013 UNIFORMS UNLIMITED - MPLS $899.99 DAVID KVAM 02/15/2013 02/18/2013 DON'S PAINT & COLLISION $2,904.73 DAVID KVAM 02/19/2013 02/20/2013 UNIFORMS UNLIMITED INC.$136.35 DAVID KVAM 02/17/2013 02/19/2013 HERBERGERS #0353 $127.50 TODD LANGNER 02/12/2013 02/13/2013 AMAZON MKTPLACE PMTS $119.95 JOHNNIE LU 02/08/2013 02/11/2013 FEDEXOFFICE 00006171 $73.27 STEVE LUKIN 02/12/2013 02/14/2013 ASPEN MILLS INC.$48.95 STEVE LUKIN 02/12/2013 02/14/2013 ASPEN MILLS INC.$19.28 STEVE LUKIN 02/14/2013 02/15/2013 BEST BUY MHT 00000109 $273.14 STEVE LUKIN 02/14/2013 02/15/2013 EMERGENCY APPARATUS MAINT $2,498.95 STEVE LUKIN Packet Page Number 22 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx 02/18/2013 02/20/2013 ASPEN MILLS INC.$74.95 STEVE LUKIN 02/19/2013 02/20/2013 FURY DODGE CHRYSLER $4.02 STEVE LUKIN 02/20/2013 02/21/2013 REPUBLIC SERVICES TRASH $138.36 STEVE LUKIN 02/17/2013 02/18/2013 RUNNING ROOM 204 WOODBURY $119.99 KATHERINE LYNCH 02/08/2013 02/11/2013 KEEPRS INC 2 $164.59 JASON MARINO 02/07/2013 02/11/2013 BOUND TREE MEDICAL LLC $2,109.46 MICHAEL MONDOR 02/11/2013 02/12/2013 FIREHOUSE SUBS #60 $52.73 MICHAEL MONDOR 02/12/2013 02/13/2013 CHIPOTLE 0224 $94.27 MICHAEL MONDOR 02/12/2013 02/14/2013 BOUND TREE MEDICAL LLC $2,090.54 MICHAEL MONDOR 02/13/2013 02/14/2013 PAYPAL *WHITECASTLE $79.28 MICHAEL MONDOR 02/14/2013 02/14/2013 STRYKER SALES CRP MED $40.62 MICHAEL MONDOR 02/14/2013 02/15/2013 MED ALLIANCE GROUP INC $1,019.22 MICHAEL MONDOR 02/14/2013 02/18/2013 BOUND TREE MEDICAL LLC $6.37 MICHAEL MONDOR 02/14/2013 02/18/2013 BOUND TREE MEDICAL LLC $84.63 MICHAEL MONDOR 02/14/2013 02/18/2013 BOUND TREE MEDICAL LLC $182.00 MICHAEL MONDOR 02/14/2013 02/18/2013 VIDACARE CORPORATION $1,048.47 MICHAEL MONDOR 02/18/2013 02/20/2013 HIGH SPEED GEAR $92.55 MICHAEL MONDOR 02/21/2013 02/22/2013 BANK SUPPLIES, INC.$45.37 MICHAEL MONDOR 02/21/2013 02/22/2013 BANK SUPPLIES, INC.$5.36 MICHAEL MONDOR 02/13/2013 02/14/2013 HENRIKSEN ACE HARDWARE $14.48 RICHARD NORDQUIST 02/07/2013 02/11/2013 OFFICE MAX $192.76 MARY KAY PALANK 02/13/2013 02/15/2013 OFFICE DEPOT #1090 $89.96 MARY KAY PALANK 02/20/2013 02/21/2013 AUTOZONE3948 $50.09 ROBERT PETERSON 02/07/2013 02/11/2013 HP HOME STORE $121.42 PHILIP F POWELL 02/15/2013 02/20/2013 SIRCHIE FINGER PRINT LABO $230.25 PHILIP F POWELL 02/20/2013 02/21/2013 B & H PHOTO-VIDEO.COM $27.89 PHILIP F POWELL 02/08/2013 02/11/2013 TOUSLEY FORD $336.84 STEVEN PRIEM 02/08/2013 02/11/2013 LITTLE FALLS MACHINE INC $150.53 STEVEN PRIEM 02/12/2013 02/13/2013 PIONEER RIM & WHEEL HQ $159.22 STEVEN PRIEM 02/12/2013 02/14/2013 NAPA STORE 3279016 $182.11 STEVEN PRIEM 02/13/2013 02/14/2013 HENRIKSEN ACE HARDWARE $15.38 STEVEN PRIEM 02/13/2013 02/14/2013 AUTO PLUS NO ST PAUL 392 $138.54 STEVEN PRIEM 02/13/2013 02/14/2013 TOUSLEY FORD $22.11 STEVEN PRIEM 02/13/2013 02/14/2013 TOUSLEY FORD $151.22 STEVEN PRIEM 02/13/2013 02/14/2013 TOUSLEY FORD $66.31 STEVEN PRIEM 02/13/2013 02/14/2013 CRYSTEEL TRUCK EQUIP INC $611.74 STEVEN PRIEM 02/13/2013 02/14/2013 LITTLE FALLS MACHINE INC $708.67 STEVEN PRIEM 02/13/2013 02/15/2013 TRI-STATE BOBCAT $250.19 STEVEN PRIEM 02/14/2013 02/15/2013 HENRIKSEN ACE HARDWARE $16.00 STEVEN PRIEM 02/14/2013 02/15/2013 TOUSLEY FORD $28.16 STEVEN PRIEM 02/14/2013 02/15/2013 BAUER BUILT TIRE 18 $1,410.52 STEVEN PRIEM 02/14/2013 02/15/2013 ZIEGLER INC COLUMBUS $235.68 STEVEN PRIEM 02/15/2013 02/18/2013 FACTORY MTR PTS #1 $136.52 STEVEN PRIEM 02/15/2013 02/18/2013 HENRIKSEN ACE HARDWARE $9.60 STEVEN PRIEM 02/15/2013 02/18/2013 BARNETT CHRYJEEPKIA $46.28 STEVEN PRIEM 02/15/2013 02/18/2013 TRUCK UTILITIES INC $135.20 STEVEN PRIEM 02/20/2013 02/21/2013 AGGRESSIVE HYDRAULICS $474.63 STEVEN PRIEM 02/20/2013 02/21/2013 AUTO PLUS NO ST PAUL 392 $63.09 STEVEN PRIEM 02/20/2013 02/22/2013 TRI-STATE BOBCAT ($231.95)STEVEN PRIEM 02/20/2013 02/22/2013 TRI-STATE BOBCAT $632.25 STEVEN PRIEM 02/12/2013 02/14/2013 THE HOME DEPOT 2801 $36.29 KELLY PRINS 02/11/2013 02/13/2013 MINNESOTA OCCUPATIONAL HE $576.00 TERRIE RAMEAUX 02/14/2013 02/15/2013 HILLYARD INC MINNEAPOLIS $1,682.82 MICHAEL REILLY 02/15/2013 02/19/2013 DALCO ENTERPRISES, INC $724.60 MICHAEL REILLY 02/19/2013 02/20/2013 UNIFORMS UNLIMITED INC.$74.44 BRADLEY REZNY 02/08/2013 02/11/2013 PIONEER PRESS ADVERTISING $66.80 AUDRA ROBBINS 02/09/2013 02/11/2013 CSC*WHOLESALECOSTUME $96.80 AUDRA ROBBINS Packet Page Number 23 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx 02/12/2013 02/13/2013 TARGET 00011858 $33.16 AUDRA ROBBINS 02/14/2013 02/15/2013 PAYPAL *CONSTANTCON $199.00 AUDRA ROBBINS 02/14/2013 02/15/2013 CTC*CONSTANTCONTACT.COM $450.00 AUDRA ROBBINS 02/15/2013 02/18/2013 AVALON TEAROOM & PASTR $360.00 AUDRA ROBBINS 02/12/2013 02/13/2013 LILLIE SUBURBAN NEWSPAPE $354.00 DEB SCHMIDT 02/09/2013 02/11/2013 G&K SERVICES 182 $1,393.70 SCOTT SCHULTZ 02/12/2013 02/13/2013 FLEXIBLE PIPE TOOL COMPAN $69.47 SCOTT SCHULTZ 02/21/2013 02/22/2013 UWEX REGISTRATION $1,195.00 SCOTT SCHULTZ 02/08/2013 02/11/2013 PIONEER PRESS ADVERTISING $250.00 CAITLIN SHERRILL 02/13/2013 02/14/2013 PERKINS FAMILY RESTAURAN $89.93 CAITLIN SHERRILL 02/14/2013 02/15/2013 WALMART.COM 8009666546 $93.44 CAITLIN SHERRILL 02/19/2013 02/21/2013 BROADWAY RENTAL $223.31 CAITLIN SHERRILL 02/20/2013 02/21/2013 TARGET 00011858 $72.39 CAITLIN SHERRILL 02/20/2013 02/21/2013 TARGET 00011858 $21.40 CAITLIN SHERRILL 02/20/2013 02/22/2013 MICHAELS #2744 $12.82 CAITLIN SHERRILL 02/21/2013 02/22/2013 PARTY CITY #768 $6.42 CAITLIN SHERRILL 02/08/2013 02/11/2013 OFFICE DEPOT #1090 $9.19 ANDREA SINDT 02/11/2013 02/13/2013 OFFICE DEPOT #1127 $50.87 ANDREA SINDT 02/21/2013 02/21/2013 BB *MINNESOTA YOUTH IN $30.00 JOANNE SVENDSEN 02/14/2013 02/14/2013 AMAZON.COM $36.38 WILLIAM SYPNIEWSKI 02/16/2013 02/18/2013 MILLS FLEET FARM #3,100 $200.00 WILLIAM SYPNIEWSKI 02/13/2013 02/14/2013 GANDER MOUNTAIN $119.47 BRIAN TAUZELL 02/08/2013 02/11/2013 HENRIKSEN ACE HARDWARE $17.05 JAMES TAYLOR 02/12/2013 02/14/2013 STRAUSS SKATES AND BIC $180.00 JAMES TAYLOR 02/13/2013 02/15/2013 MINNESOTA YOUTH ATHLETIC $350.00 JAMES TAYLOR 02/19/2013 02/20/2013 BSN*SPORT SUPPLY GROUP $534.36 JAMES TAYLOR 02/09/2013 02/11/2013 SOCKSADDICT.COM $37.98 PAUL THEISEN 02/11/2013 02/12/2013 LANDS END INTERNET $136.99 PAUL THEISEN 02/14/2013 02/14/2013 LANDS END INTERNET $14.00 PAUL THEISEN 02/14/2013 02/15/2013 SCS LTD $172.15 KAREN WACHAL 02/20/2013 02/21/2013 FIRST SHRED $46.80 SUSAN ZWIEG $53,258.80 Packet Page Number 24 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx CHECK #CHECK DATE EMPLOYEE NAME 03/01/13 ABEL, CLINT 2,878.21 03/01/13 ALDRIDGE, MARK 3,395.75 03/01/13 SVENDSEN, JOANNE 2,101.79 03/01/13 THOMFORDE, FAITH 1,497.35 03/01/13 PALANK, MARY 1,905.17 03/01/13 POWELL, PHILIP 2,932.47 03/01/13 CORCORAN, THERESA 1,900.55 03/01/13 KVAM, DAVID 4,630.18 03/01/13 SCHOENECKER, LEIGH 1,646.15 03/01/13 WEAVER, KRISTINE 2,356.55 03/01/13 OSTER, ANDREA 1,907.48 03/01/13 RICHTER, CHARLENE 1,166.15 03/01/13 MECHELKE, SHERRIE 1,299.15 03/01/13 MOY, PAMELA 1,835.59 03/01/13 CORTESI, LUANNE 1,429.94 03/01/13 LARSON, MICHELLE 1,827.75 03/01/13 SCHMIDT, DEBORAH 2,884.82 03/01/13 SPANGLER, EDNA 1,479.05 03/01/13 BEGGS, REGAN 1,497.35 03/01/13 GUILFOILE, KAREN 4,407.64 03/01/13 SINDT, ANDREA 2,113.83 03/01/13 ARNOLD, AJLA 499.06 03/01/13 KELSEY, CONNIE 2,594.79 03/01/13 RUEB, JOSEPH 2,773.80 03/01/13 DEBILZAN, JUDY 1,475.98 03/01/13 JACKSON, MARY 2,126.08 03/01/13 BAUMAN, GAYLE 4,386.17 03/01/13 ANDERSON, CAROLE 2,888.84 03/01/13 JAHN, DAVID 2,515.48 03/01/13 RAMEAUX, THERESE 3,061.17 03/01/13 CHRISTENSON, SCOTT 1,934.15 03/01/13 FARR, LARRY 3,215.25 03/01/13 BURLINGAME, SARAH 2,074.90 03/01/13 KANTRUD, HUGH 184.62 03/01/13 AHL, R. CHARLES 5,495.72 03/01/13 ANTONEN, JAMES 5,852.58 03/01/13 STRAUTMANIS, MARIS 80.00 03/01/13 VALLE, EDWARD 160.00 03/01/13 KOPPEN, MARVIN 435.16 03/01/13 ROSSBACH, WILLIAM 494.44 03/01/13 CAVE, REBECCA 435.16 03/01/13 JUENEMANN, KATHLEEN 435.16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 03/01/13 CARDINAL, ROBERT 435.16 Packet Page Number 25 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx 03/01/13 BAHL, DAVID 678.76 03/01/13 BASSETT, BRENT 145.44 03/01/13 XIONG, KAO 2,878.21 03/01/13 ANDERSON, BRIAN 290.88 03/01/13 TRAN, JOSEPH 2,992.55 03/01/13 WENZEL, JAY 3,578.55 03/01/13 THEISEN, PAUL 3,038.70 03/01/13 THIENES, PAUL 3,932.36 03/01/13 SZCZEPANSKI, THOMAS 3,409.74 03/01/13 TAUZELL, BRIAN 2,946.68 03/01/13 STEINER, JOSEPH 3,157.58 03/01/13 SYPNIEWSKI, WILLIAM 3,046.68 03/01/13 RHUDE, MATTHEW 2,845.55 03/01/13 SHORTREED, MICHAEL 4,091.18 03/01/13 PARKER, JAMES 2,453.48 03/01/13 REZNY, BRADLEY 3,430.43 03/01/13 NYE, MICHAEL 3,251.18 03/01/13 OLSON, JULIE 2,937.06 03/01/13 MCCARTY, GLEN 3,092.20 03/01/13 METRY, ALESIA 3,543.74 03/01/13 MARINO, JASON 3,281.06 03/01/13 MARTIN, JERROLD 3,156.15 03/01/13 LU, JOHNNIE 3,187.96 03/01/13 LYNCH, KATHERINE 2,453.48 03/01/13 LANGNER, SCOTT 3,092.20 03/01/13 LANGNER, TODD 2,980.04 03/01/13 KREKELER, NICHOLAS 918.61 03/01/13 KROLL, BRETT 3,055.21 03/01/13 KALKA, THOMAS 1,001.68 03/01/13 KONG, TOMMY 2,937.06 03/01/13 HIEBERT, STEVEN 3,322.13 03/01/13 JOHNSON, KEVIN 3,949.38 03/01/13 HAWKINSON JR, TIMOTHY 2,819.55 03/01/13 HER, PHENG 3,044.91 03/01/13 FRITZE, DEREK 2,979.75 03/01/13 GABRIEL, ANTHONY 3,409.21 03/01/13 FORSYTHE, MARCUS 2,683.07 03/01/13 FRASER, JOHN 3,158.68 03/01/13 ERICKSON, VIRGINIA 3,151.33 03/01/13 FLOR, TIMOTHY 3,725.17 03/01/13 DOBLAR, RICHARD 4,005.47 03/01/13 DUGAS, MICHAEL 3,609.69 03/01/13 CROTTY, KERRY 3,611.20 03/01/13 DEMULLING, JOSEPH 3,053.57 03/01/13 BUSACK, DANIEL 3,674.66 03/01/13 CARNES, JOHN 2,079.58 03/01/13 BIERDEMAN, BRIAN 3,815.15 03/01/13 BOHL, JOHN 3,151.33 03/01/13 BELDE, STANLEY 3,257.71 03/01/13 BENJAMIN, MARKESE 3,200.92 03/01/13 BAKKE, LONN 2,937.06 03/01/13 BARTZ, PAUL 3,194.05 Packet Page Number 26 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx 03/01/13 SVENDSEN, RONALD 3,492.88 03/01/13 WHITE, JOEL 306.03 03/01/13 SEDLACEK, JEFFREY 4,383.79 03/01/13 STREFF, MICHAEL 2,953.29 03/01/13 RODRIGUEZ, ROBERTO 18.18 03/01/13 SCHULTZ, JEROME 551.46 03/01/13 REYNOSO, ANGEL 451.47 03/01/13 RICE, CHRISTOPHER 820.15 03/01/13 RANK, NATHAN 596.91 03/01/13 RANK, PAUL 727.20 03/01/13 POWERS, KENNETH 309.06 03/01/13 RAINEY, JAMES 842.34 03/01/13 PETERSON, MARK 728.24 03/01/13 PETERSON, ROBERT 4,376.79 03/01/13 OPHEIM, JOHN 643.41 03/01/13 PACHECO, ALPHONSE 796.89 03/01/13 NOWICKI, PAUL 257.55 03/01/13 OLSON, JAMES 4,069.78 03/01/13 NIELSEN, KENNETH 339.38 03/01/13 NOVAK, JEROME 3,360.15 03/01/13 MONSON, PETER 281.79 03/01/13 MORGAN, JEFFERY 433.31 03/01/13 MILLER, NICHOLAS 315.12 03/01/13 MONDOR, MICHAEL 3,259.74 03/01/13 LOCHEN, MICHAEL 832.24 03/01/13 MILLER, LADD 49.50 03/01/13 KUBAT, ERIC 2,871.81 03/01/13 LINDER, TIMOTHY 3,465.06 03/01/13 KERSKA, JOSEPH 654.48 03/01/13 KONDER, RONALD 521.16 03/01/13 KANE, ROBERT 692.89 03/01/13 KARRAS, JAMIE 509.04 03/01/13 JONES, JONATHAN 254.52 03/01/13 JUREK, GREGORY 3,506.96 03/01/13 IMM, TRACY 581.76 03/01/13 JANSEN, CHAD 424.20 03/01/13 HAWTHORNE, ROCHELLE 3,493.12 03/01/13 HUTCHINSON, JAMES 608.06 03/01/13 HALE, JOSEPH 339.38 03/01/13 HALWEG, JODI 3,389.42 03/01/13 FOSSUM, ANDREW 3,843.00 03/01/13 HAGEN, MICHAEL 799.92 03/01/13 EVERSON, PAUL 5,114.88 03/01/13 FASULO, WALTER 489.11 03/01/13 DAWSON, RICHARD 3,853.10 03/01/13 EATON, PAUL 218.16 03/01/13 CRAWFORD - JR, RAYMOND 772.65 03/01/13 CRUMMY, CHARLES 260.58 03/01/13 CAPISTRANT, JACOB 436.32 03/01/13 CAPISTRANT, JOHN 533.81 03/01/13 BAUMAN, ANDREW 4,662.91 03/01/13 BOURQUIN, RON 961.52 Packet Page Number 27 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx 03/01/13 WELLENS, MOLLY 2,245.27 03/01/13 ACEITUNO, FELIPE 251.50 03/01/13 FISHER, DAVID 3,807.86 03/01/13 SWAN, DAVID 2,766.15 03/01/13 BRASH, JASON 2,510.96 03/01/13 CARVER, NICHOLAS 3,244.09 03/01/13 FINWALL, SHANN 3,412.63 03/01/13 MARTIN, MICHAEL 2,762.95 03/01/13 YOUNG, TAMELA 2,015.75 03/01/13 EKSTRAND, THOMAS 3,829.34 03/01/13 SWANSON, CHRIS 624.00 03/01/13 THOMPSON, DEBRA 904.12 03/01/13 GAYNOR, VIRGINIA 3,244.09 03/01/13 KROLL, LISA 1,972.55 03/01/13 SOUTTER, CHRISTINE 74.81 03/01/13 WACHAL, KAREN 1,062.72 03/01/13 HAYMAN, JANET 1,621.41 03/01/13 HUTCHINSON, ANN 2,649.16 03/01/13 DEAVER, CHARLES 785.28 03/01/13 GERNES, CAROLE 185.08 03/01/13 NORDQUIST, RICHARD 2,305.99 03/01/13 BIESANZ, OAKLEY 1,752.88 03/01/13 HINNENKAMP, GARY 2,610.56 03/01/13 NAUGHTON, JOHN 2,421.82 03/01/13 HAMRE, MILES 1,702.16 03/01/13 HAYS, TAMARA 1,728.31 03/01/13 JANASZAK, MEGHAN 1,569.35 03/01/13 KONEWKO, DUWAYNE 4,613.24 03/01/13 THOMPSON, MICHAEL 4,461.33 03/01/13 ZIEMAN, SCOTT 195.00 03/01/13 LINDBLOM, RANDAL 2,740.37 03/01/13 LOVE, STEVEN 3,584.44 03/01/13 JAROSCH, JONATHAN 3,162.75 03/01/13 KREGER, JASON 2,234.60 03/01/13 DUCHARME, JOHN 2,740.37 03/01/13 ENGSTROM, ANDREW 2,631.75 03/01/13 TEVLIN, TODD 2,407.65 03/01/13 BURLINGAME, NATHAN 2,087.21 03/01/13 RUIZ, RICARDO 1,872.31 03/01/13 RUNNING, ROBERT 2,770.96 03/01/13 NAGEL, BRYAN 3,560.40 03/01/13 OSWALD, ERICK 2,623.76 03/01/13 JONES, DONALD 2,549.79 03/01/13 MEISSNER, BRENT 2,362.53 03/01/13 DEBILZAN, THOMAS 2,525.79 03/01/13 EDGE, DOUGLAS 2,609.64 03/01/13 BRINK, TROY 2,778.96 03/01/13 BUCKLEY, BRENT 2,593.10 03/01/13 ZWIEG, SUSAN 1,668.59 03/01/13 KNUTSON, LOIS 2,054.96 03/01/13 GERVAIS-JR, CLARENCE 3,985.69 03/01/13 LUKIN, STEVEN 4,616.93 Packet Page Number 28 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx 03/01/13 FOX, KELLY 90.00 03/01/13 FRAMPTON, SAMANTHA 52.00 03/01/13 FLORES, LUIS 100.00 03/01/13 FONTAINE, KIM 492.26 03/01/13 EHLE, DANIEL 91.88 03/01/13 ERICKSON-CLARK, CAROL 49.00 03/01/13 DRECHSEL, SARAH 58.75 03/01/13 DUNN, RYAN 1,905.12 03/01/13 DEMPSEY, BETH 227.25 03/01/13 DIONNE, DANIELLE 47.45 03/01/13 BUTLER, ANGELA 93.50 03/01/13 CRANDALL, KRISTA 263.00 03/01/13 BRUSOE, CRISTINA 93.60 03/01/13 BUCKLEY, BRITTANY 235.90 03/01/13 BAETZOLD, SETH 58.00 03/01/13 BAUDE, SARAH 54.75 03/01/13 AICHELE, MEGAN 368.13 03/01/13 ANDERSON, JOSHUA 446.50 03/01/13 VANG, TIM 505.50 03/01/13 VUE, LOR PAO 437.32 03/01/13 KULHANEK-DIONNE, ANN 583.00 03/01/13 PELOQUIN, PENNYE 631.04 03/01/13 HOFMEISTER, TIMOTHY 459.57 03/01/13 KELLEY, CAITLIN 1,223.16 03/01/13 HER, PETER 176.00 03/01/13 HOFMEISTER, MARY 1,540.32 03/01/13 EVANS, CHRISTINE 1,520.10 03/01/13 GLASS, JEAN 2,125.10 03/01/13 BERNARDY, CHRISTINE 2,448.93 03/01/13 CRAWFORD - JR, RAYMOND 481.01 03/01/13 WILBER, JEFFREY 1,595.79 03/01/13 ANZALDI, MANDY 506.49 03/01/13 ORE, JORDAN 1,669.63 03/01/13 SCHULTZ, SCOTT 3,342.97 03/01/13 ADAMS, DAVID 1,577.31 03/01/13 HAAG, MARK 3,435.20 03/01/13 TAYLOR, JAMES 2,876.58 03/01/13 VUKICH, CANDACE 426.00 03/01/13 SCHALLER, SCOTT 32.25 03/01/13 SHERWOOD, CHRISTIAN 484.00 03/01/13 ROBBINS, CAMDEN 265.50 03/01/13 RYAN, ANDREW 288.00 03/01/13 LUBKE, COLLEEN 45.00 03/01/13 ROBBINS, AUDRA 3,126.83 03/01/13 KLEIN, AARON 180.00 03/01/13 LARSON, KATELYN 56.00 03/01/13 DRAKE, TAYLOR 96.00 03/01/13 GORACKI, GERALD 286.75 03/01/13 BRENEMAN, NEIL 2,267.65 03/01/13 CHUHEL, KAYLA 40.00 03/01/13 BERGER, STEPHANIE 591.38 03/01/13 BJORK, BRANDON 277.75 Packet Page Number 29 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx 03/01/13 PRIEM, STEVEN 2,567.70 03/01/13 WOEHRLE, MATTHEW 2,286.40 03/01/13 THOMPSON, BENJAMIN 456.88 03/01/13 AICHELE, CRAIG 2,200.55 03/01/13 REILLY, MICHAEL 2,518.25 03/01/13 SINDT, DARIEN 76.50 03/01/13 MALONEY, SHAUNA 413.75 03/01/13 PRINS, KELLY 1,705.57 03/01/13 DOUGLASS, TOM 1,948.97 03/01/13 MAIDMENT, COLIN 268.50 03/01/13 BORCHERT, JONATHAN 263.50 03/01/13 CRAWFORD, SHAWN 420.00 03/01/13 HITE, ANDREA 104.50 03/01/13 LANGER, KAYLYN 61.63 03/01/13 WEINHAGEN, SHELBY 298.25 03/01/13 BOSLEY, CAROL 164.00 03/01/13 VANG, XANG 91.00 03/01/13 WARNER, CAROLYN 105.60 03/01/13 TUPY, HEIDE 137.40 03/01/13 TUPY, MARCUS 261.25 03/01/13 TREPANIER, TODD 286.00 03/01/13 TRUE, ANDREW 48.48 03/01/13 SMITLEY, SHARON 466.20 03/01/13 TAYLOR, MYLES 22.05 03/01/13 SMITH, ANN 142.10 03/01/13 SMITH, CASEY 219.13 03/01/13 SCHREINER, MARK 36.50 03/01/13 SCHREINER, MICHELLE 56.44 03/01/13 SCHMIDT, EMILY 88.40 03/01/13 SCHREIER, ROSEMARIE 436.50 03/01/13 RESENDIZ, LORI 2,257.76 03/01/13 RICHTER, DANIEL 113.40 03/01/13 PROESCH, ANDY 814.61 03/01/13 RANEY, COURTNEY 831.00 03/01/13 NITZ, CARA 124.00 03/01/13 NORTHOUSE, KATHERINE 169.10 03/01/13 MCCOMAS, LEAH 73.50 03/01/13 NADEAU, TAYLOR 68.40 03/01/13 LAMSON, ELIANA 36.00 03/01/13 MCCANN, NATALIE 38.00 03/01/13 KOZDROJ, GABRIELLA 100.00 03/01/13 LAMEYER, BRENT 36.25 03/01/13 JOYER, ANTHONY 51.80 03/01/13 KOHLER, ROCHELLE 54.00 03/01/13 HORWATH, RONALD 2,738.98 03/01/13 JOHNSON, BARBARA 523.13 03/01/13 HEINRICH, SHEILA 215.00 03/01/13 HOLMBERG, LADONNA 560.00 03/01/13 HAGSTROM, EMILY 80.40 03/01/13 HANSEN, HANNAH 204.70 03/01/13 GIEL, NICOLE 76.00 03/01/13 GRUENHAGEN, LINDA 356.35 Packet Page Number 30 of 280 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 2-22 and 3-1.xlsx 9989174 9989175 9989176 9989177 9989178 9989179 9989180 9989181 9989182 9989183 9989184 9989185 9989186 9989187 9989188 9989189 9989190 9989191 9989192 9989193 9989194 9989195 9989196 9989197 9989198 9989199 9989200 9989201 9989202 527,068.74 03/01/13 CUSICK, JESSICA 242.26 03/01/13 STEFFEN, MICHAEL 102.00 03/01/13 WHITE, DANICA 74.80 03/01/13 RANGEL, SAMANTHA 170.00 03/01/13 SCHREIER, ABIGAIL 167.00 03/01/13 WALES, ABIGAIL 200.01 03/01/13 ERICSON, RACHEL 34.88 03/01/13 PIEPER, THEODORE 174.00 03/01/13 WISTL, MOLLY 132.00 03/01/13 BAUDE, JANE 100.53 03/01/13 TARR-JR, GUS 75.00 03/01/13 WISTL, MARK 160.00 03/01/13 O'BRIEN, PATRICIA 75.00 03/01/13 SORENSON, ERICA 98.00 03/01/13 MERRITT, JACOB 231.00 03/01/13 MERRITT, MICHAEL 330.00 03/01/13 KUSTERMAN, KEVIN 129.00 03/01/13 LARSON, DANIEL 36.75 03/01/13 GREENER, DOUGLAS 137.95 03/01/13 HACKETT, ANDREW 21.75 03/01/13 FISHER, CHANCE 110.25 03/01/13 GALBA, DANIEL 288.00 03/01/13 DOTAS, ANDREW 72.00 03/01/13 DOTAS, KENT 46.50 03/01/13 AYD, GWEN 45.00 03/01/13 BONKO, JACK 30.00 03/01/13 ABRAHAMSON, TYLER 39.00 03/01/13 ANDERSON, ZACHARY 85.75 03/01/13 FRANZEN, NICHOLAS 2,623.62 03/01/13 ABRAHAMSON, AMANDA 141.50 03/01/13 BERGO, CHAD 2,628.80 03/01/13 FOWLDS, MYCHAL 4,034.85 Packet Page Number 31 of 280 Agenda Item G2 AGENDA REPORT TO: James Antonen, City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Resolution Accepting a Donation to the Fire Department from Alerus Mortgage DATE: February 21, 2013 INTRODUCTION The fire department has received a donation from Alerus Mortgage and city council approval is required before this donation can be accepted. BACKGROUND Alerus Mortgage sent the fire department a $100 check as part of their charitable donation program called “Refer a friend”. Build your community.” In the letter accompanying the donation, it was explained that when a mortgage is closed with Alerus Mortgage, a donation will be made to a local school, fire or police department on behalf of the client; and it is the client’s choice which group will be the beneficiary of the donation. Alerus Mortgage instituted this program because it lets their clients directly improve the communities where they will be living. To date, the company has donated more than $915,000 dollars for this program. The client who designated the Maplewood Fire Department for the $100 donation in conjunction with her loan closing was Rochelle Hawthorne. RECOMMENDATION I recommend that the city council approve to accept this $100 donation and that the necessary budget adjustments be made so the funds can be expended by the fire department as needed. Packet Page Number 32 of 280 Agenda Item G2 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Rochelle Hawthorne wishes to grant the city of Maplewood the following: $100.00, and; WHEREAS, Rochelle Hawthorne has instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve the community, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on ________________________________, 20______. Signed: Signed: Witnessed: ________________________ _________________________ __________________________ (Signature) (Signature) (Signature) Mayor ____ Chief of Fire City Clerk . (Title) (Title) (Title) ________________________ _________________________ __________________________ (Date) (Date) (Date) Packet Page Number 33 of 280 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: Resolution of Appreciation for Tammy Wilde DATE: March 5, 2013 INTRODUCTION Attached is a resolution of appreciation for Tammy Wilde. Ms. Wilde has served as a member of the housing and redevelopment authority since April 11, 2011. COMMITTEE ACTIONS The housing and economic development authority (HEDC) unanimously recommended approval of the resolution of appreciation for Ms. Wilde at its February 28, 2013 meeting. RECOMMENDATION Approve the attached resolution of appreciation for Tammy Wilde. Attachment: 1. Resolution of Appreciation Agenda Item G3 Packet Page Number 34 of 280 Attachment 1 RESOLUTION OF APPRECIATION WHEREAS, Tammy Wilde has been a member of the Maplewood Housing and Redevelopment Authority for two years since her appointment to the HRA by the city council on April 11, 2011 and has served faithfully in that capacity; and WHEREAS, the Housing and Redevelopment Authority has appreciated Tammy’s experience, insights and good judgment; and WHEREAS, Tammy has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Tammy has shown dedication to her duties and has consistently contributed her leadership for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Tammy Wilde is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on __________, 2013 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Housing and Economic Development Commission On February 28, 2013 ____________________________________ Beth Ulrich, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Packet Page Number 35 of 280 MEMORANDUM TO: James Antonen, City Manager FROM: Mark Jenkins, Business and Economic Development Commission Chair SUBJECT: Business and Economic Development Commission’s 2012 Annual Report DATE: February 28, 2013 INTRODUCTION Annually, the business and economic development commission (BEDC) is required to report the BEDC’s actions and activities for the city council for the previous year. In 2012, the BEDC reviewed the following 14 items during its seven meetings: Type of Proposal # Reviewed Informational Commission Reviews 6 1. Property Assesses Clean Energy (PACE) Program (January 26, 2012) 2. 2012 BEDC Work Plan (January 26, 2012, February 23, 2012, May 24, 2012, July 26, 2012, August 23, 2012 and November 29, 2012) 3. Marketing Plan of Available City Parcels (January 26, 2012) 4. Overview of Available Assistance Programs (January 26, 2012) 5. Update of Highway 120 and Interstate 95 Intersection (March 22, 2012) 6. New 3M Research Facility (November 29, 2012) Miscellaneous Reviews and Actions 5 1. Election of Officers (January 26, 2012) 2. 2010 Annual Report (February 23, 2012) 3. Capital Improvement Plan (February 23, 2012) 4. Combination of HRA and BEDC (May 24, 2012, July 26, 2012 and November 29, 2012) 5. Resolution of Appreciation for David Hesley (November 29, 2012) Special Projects and Presentations 3 1. Minnesota DEED Commissioner Mark Philips Presentation (March 22, 2012) 2. Recognition of 5-8 Club and Titlesmart, Inc. (May 24, 2012) Agenda Item G4 Packet Page Number 36 of 280 2 3. Recognition and passage of proclamation in honor of the passing of Paul Yocum, founder of Yocum Oil (August 23, 2012 and November 29, 2012) Total 14 COMPARATIVE INFORMATION Year Number of Items Reviewed 2010 17 2011 15 2012 14 MEMBERSHIP The BEDC consists of seven members appointed by the city council. Membership terms are for three years, with extensions for additional terms approved by the city council. The BEDC ended 2012 with two seats open. The membership as of the end of 2012: Board Member Membership Began Term Expires 2012 Attendance Mark Jenkins 01/25/10 9/30/13 7 of 7 Beth Ulrich 01/25/10 9/30/12 4 of 7 Warren Wessel 12/13/10 9/30/14 7 of 7 Jennifer Lewis 04/25/11 9/30/13 4 of 7 Gary Kloncz 12/12/11 9/30/14 5 of 7 (OPEN) (OPEN) Two meetings had to be canceled due to the lack of a quorum. Commissioner Ulrich’s term was up for reappointment in the fall of 2012. Because the BEDC was being considered for a potential combination with the HRA the city council did not entertain any reappointments or new appointments. City ordinance allows for members whose terms have expired to continue to serve until the council takes action. In addition, Commissioner Ulrich also served on the HRA, which the council ultimately did merge with the BEDC. Packet Page Number 37 of 280 3 DISCUSSION 2012 Actions/Activities In 2012, the BEDC continued its commitment to development and redevelopment in the city of Maplewood by working on several projects. The BEDC spent most of the year developing a work plan with the assistance of Janna King, who contracted with the city. The work plan was finalized in November of 2012 and will continue to serve as a guide for the new housing and economic development commission (HEDC). Staff worked to make sure the BEDC stayed informed on important development occurring within the city. These efforts included presentations on the planned roadway improvements to the Highway 120 and Interstate 94 intersection, 3M’s new research facility, city-owned properties that are to be put up for sale and a monthly overview of land use development or redevelopment applications being reviewed by the city. The BEDC also worked towards strengthening ties to the larger community as well. Department of Employment and Economic Development Commissioner Mark Philips presented to the commission and discussed methods of utilizing state resources at the local level. 2013 Activities In December of 2012, the BEDC merged with the HRA to create the HEDC. The existing BEDC members will be working with existing HRA members on creating a shared vision for economic development for all sectors in the city of Maplewood. CONCLUSION In 2013, the HEDC will carry on the BEDC’s dedication to the development and enhancement of the business community in the city of Maplewood. RECOMMENDATION Approve the BEDC’s 2012 annual report. P:\HEDC\Agenda Reports\2013\031113 Packet Page Number 38 of 280 MEMORANDUM TO: James Antonen, City Manager FROM: Matt Ledvina, Community Design Review Board Chair SUBJECT: Community Design Review Board 2012 Annual Report DATE: February 26, 2013 INTRODUCTION Annually the community design review board (CDRB) reports the board’s actions and activities for the city council for the previous year. In 2012, the CDRB reviewed the following 28 items during its 9 meetings: Type of Proposal # Reviewed New Development Proposals 3 1. Design Review, Venner Plaza Shoppes, 1978 County Road D East (February 28, 2012) 2. Design Review, East Metro Public Safety Training Center, MN Highway 120 and MN Highway 5 (May 22, 2012) 3. Design Review, RSI Recycling Services, 1255 Cope Avenue (July 24, 2012) Expansions/Remodels/Revisions 14 1. Comprehensive Sign Plan Amendment, Safeway Driving School, Maple Leaf Center, 2251 Larpenteur Avenue (January 24, 2012) 2. Design Review and Comprehensive Sign Plan Amendment, Maplewood Town Center, 1845 County Road D East (February 28, 2012 and March 27, 2012) 3. Design Review, LA Fitness, 1940 County Road D East (March 27, 2012) 4. Comprehensive Sign Plan Amendment, Veteran’s Memorial Park, 1980 North Saint Paul Road (March 27, 2012) 5. Design Review, St. Paul Hmong Alliance Church Building Addition, 1770 McMenemy Street (April 24, 2012) 6. Sign Setback Variances, Holiday Stationstore, 280 McKnight Road South (April 24, 2012) 7. Comprehensive Sign Plan Amendment, Men’s Warehouse at Maplewood Mall, 3001 White Bear Avenue (April 24, 2012, May 22, 2012, July 24, 2012, September 25, 2012 and November 27, 2012) 8. Design Review Revision, Cottagewood Town House Development, South of Highwood Avenue, east of Dennis Street, west of I-494 (May 22, 2012) 9. Comprehensive Sign Plan Amendment, Monument Sign, 3M Center (June 26, 2012) Agenda Item G5 Packet Page Number 39 of 280 2 Type of Proposal, continued Expansions/Remodels/Revisions 10. Comprehensive Sign Plan Amendment, Health East Spine Clinic, Birch Run Station (June 26, 2012) 11. Comprehensive Sign Plan Amendment, Maplewood East Shopping Center, 2950 White Bear Avenue (July 24, 2012) 12. Design Review, Keller Golf Course, 2166 Maplewood Drive (July 24, 2012) 13. Comprehensive Sign Plan Amendment, Kennard East and West Professional Buildings, 3100 Kennard Avenue and 1725 Legacy Parkway (November 27, 2012) 14. Design Review, Buffalo Wild Wings, 3085 White Bear Avenue (November 27, 2012 Special Projects and Presentations 11 1. Trunk Highway 36/English Street Interchange Project (January 24, 2012) 2. Capital Improvement Plan for 2013 – 2017 (February 28, 2012) 3. 2011 Annual Report (March 27, 2012) 4. 3M Monument Sign Presentation (April 24, 2012) 5. Election of Officers (April 24, 2012) 6. Ordinance Amendment Regarding Reinforced Turf Parking Lots, Section 44-17 (May 22, 2012) 7. Potential Combining of PC and CDRB (May22, 2012 and July 24, 2012) 8. Living Streets Policy (November 27, 2012) 9. Reinforced-turf Parking for Multiple-Family Developments (November 27, 2012) 10. Resolution of Appreciation for Jawaid Ahmed (November 27, 2012) 11. Resolution of Appreciation for Matt Wise (November 27, 2012) Total 28 COMPARATIVE INFORMATION Year Number of Items Reviewed 2003 25 2004 25 Packet Page Number 40 of 280 3 2005 27 2006 33 2007 27 2008 15 2009 18 2010 20 2011 25 2012 28 MEMBERSHIP The CDRB consists of five members appointed by the city council. Membership terms are for two years, with extensions for additional terms approved by the city council. The current membership is as follows: Board Member Membership Began Term Expires Attendance Ananth Shankar 8/8/94 4/30/13 8 of 9 Matt Ledvina 3/10/97 4/30/14 8 of 9 Jason Lamers 5/26/09 4/30/15 4 of 8 Bill Kempe 2/11/13 4/30/15 Joined in 2013 Leo Burger 2/11/13 4/30/16 Joined in 2013 Ananth Shankar is the only member due for reappointment in 2013. Mr. Kempe and Mr. Burger were appointed to the CDRB in February of 2013 to replace outgoing members Jawaid Ahmed and Matt Wise. DISCUSSION 2012 Actions/Activities In 2012, the CDRB reviewed 28 items, an increase from the past few years. Half of the CDRB’s reviews in 2012 were either redevelopment related or needed a revision to previously approved plans. During 2012, the CDRB conducted its most reviews in the last 10 years after seeing a drop in 2008 and 2009. In 2013, the CDRB expects to review a similar number of projects. It also expects that many of the projects will be redevelopment in nature or a current development needing a revision of some kind. The reviews seen in 2012, reinforced the idea that the city and CDRB need to adapt to different market pressures as development comes back. The CDRB also continued its review of the city’s living streets program. The CDRB reviewed mainly commercial projects – most notably the new Venner Plaza Shoppes that replaced an aging gas station on the corner of White Bear Avenue and County Road D East. The CDRB reviewed many comprehensive sign plan amendment requests as businesses and shopping centers work to update their properties to ensure their vitality into the future. The CDRB also worked on several key institutional projects in the city – including the new East Metro Public Safety Training Center. The CDRB has consistently demonstrated keen interest and skill in their reviews of these development projects to ensure they are of the quality of design and materials that complement the surrounding areas and improves a site’s aesthetics. Packet Page Number 41 of 280 4 The reason for the rise in redevelopment and remodel is that the city has seen the amount of vacant land available for new developments diminish. In addition, several other projects that occurred in 2012 were smaller in nature allowing city staff to process many of the city’s remodels and additions as 15-day reviews, as allowed by code, rather than the more formal review by the CDRB. Approximately 15 projects were processed as 15-day reviews. Because of the developed nature of the city, many of the new commercial and residential developments reviewed by the CDRB are either redevelopment of existing buildings or in-fill development. The CDRB will continue to be a vital advisory board to the city council in the future, particularly with more redevelopment and in-fill development projects on the horizon. 2013 Activities In addition to its design review duties, the CDRB lists these potential activities for 2013: 1. Continue having in-service training sessions for the CDRB. Specifically, the CDRB would like to explore developing an approved materials list to help guide development better from an architecture point of view. Perhaps different areas of the city would have different approved list to match existing and desired exteriors. 2. Continue developing policy guidelines for vegetation use along public rights-of-way. 3. Focus on educating the CDRB on sustainable building practices. 4. Explore renewing the annual city bus tour, which has traditionally been led by the planning commission. CONCLUSION In 2013, the CDRB will continue its dedication to the quality design of buildings and developments, ensuring a high quality of life for the citizens of Maplewood. RECOMMENDATION Approve the CDRB’s 2012 annual report. P\com -dev\community design review board\annual report (2012) Packet Page Number 42 of 280 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT: Approval of Housing and Economic Development Commission’s (HEDC) Rules of Procedure DATE: March 5, 2013 INTRODUCTION The ordinance establishing the housing and economic development commission (HEDC) was adopted by the city council on December 10, 2012. The ordinance states that the commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the city council (Attachment 1). DISCUSSION Rules of procedure will help the HEDC facilitate the conduct of meetings and reduce the risk of mishandling important matters. Rules usually cover issues like the place and time of regular meetings, the order of business, parliamentary rules governing procedure, and minutes. Attached to this report are the draft HEDC’s rules of procedure for review. These rules discuss meeting times, quorum, duties of the chairperson, election of officers, agendas, appointments, parliamentary procedures, and amendments. The HEDC ordinance was written and adopted to include some of these procedures. Therefore, the HEDC rules can refer to procedures as spelled out in the ordinance, but do not conflict with the ordinance. The HEDC reviewed and discussed the proposed rules of procedure at its meeting on February 28, 2013. The HEDC voted to recommend approval of its proposed rules of procedure. RECOMMENDATION Adopt the HEDC’s rules of procedure. Attachments: 1. Draft HEDC Rules of Procedure 2. HEDC Ordinance, December 10, 2012 Agenda Item G6 Packet Page Number 43 of 280 Attachment 1 HOUSING AND ECONOMIC DEVELOPMENT COMMISSION RULES OF PROCEDURE Adopted by Housing and Economic Development Commission on February 28, 2013 We, the members of the Housing and Economic Development Commission of the City of Maplewood, Minnesota, created pursuant to the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the housing and economic development commission by following the current city appointment policy. B. MEETINGS 1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 County Road B East, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2. Regular meetings shall be held at 7 p.m. on the second Wednesday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3. Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72 hours notice to all commissioners. C. COMMUNITY DEVELOPMENT DEPARTMENT In addition to carrying out the duties prescribed in the city ordinance the planner or a designated replacement shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor on any matter which comes before the commission. 3. Make written recommendations to the commission on matters referred to the commission. 4. Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. Packet Page Number 44 of 280 Attachment 1 D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. New Business f. Unfinished Business g. Visitor Presentations h. Commissioner Presentations i. Staff Presentations j. Adjournment E. QUORUM 1. A simple majority of the current membership of the commissioners shall constitute a quorum. 2. Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice-chairperson shall be elected at the regular meeting of the housing and economic development commission in December. New terms begin in January following the election. Once elected, chairs and vice-chairs shall serve until a successor is elected. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission’s recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the commission, the vice Packet Page Number 45 of 280 Attachment 1 chairperson shall become the acting chairperson until the commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I. TEMPORARY COMMITTEES 1. The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2. No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J. VACANCIES The housing and economic development commission positions shall be vacated or recommended to the city council for vacation according to the current housing and economic development ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a supermajority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures by Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21st Century. Packet Page Number 46 of 280 ORDINANCE NO. ___ DIVISION 9 THE MAPLEWOOD HOUSING AND ECONOMIC DEVELOPMENT COMMISSION ORDINANCE Section 1. DIVISION 9. THE MAPLEWOOD HOUSING AND ECONOMIC DEVELOPMENT COMMISSION (HEDC) Sec. 2-335. Definitions. Common terms: As used in this division, the terms defined have the meanings given them. Commission means the Housing and Economic Development Commission or HEDC. City means the City of Maplewood, Minnesota. City Council means the duly elected governing body of the City of Maplewood, Minnesota. Enabling Resolution means the ordinance from which this division derives. Small Business means a business whose principal place of operation is in the City of Maplewood and employs thirty people or less and is not a subsidiary of a larger entity or a corporate-owned franchise location. Sec. 2-336. Establishment. The Commission is established which shall have all of the powers, duties and responsibilities of a commission pursuant to Minnesota Statues § 13.01, subd. 1(c)(5) and formed pursuant to Minnesota Statute § 412.21, subd. 1. The Commission shall also have all of the powers, duties and responsibilities of Minnesota Statutes pursuant to the function of a housing and redevelopment authority. Sec. 337. Purpose. It shall be the role and responsibility of the Commission to discuss and make recommendations to the Maplewood Economic Development Authority regarding economic and industrial development and redevelopment within the City of Maplewood pursuant to Bylaws as may be adopted by the Commission. It shall confer with other City departments, the Maplewood Economic Development Authority, the local Chamber of Commerce, the Maplewood Parks Commission, and other public and private groups on matters relating to business and industrial development and periodically survey the area’s industrial and commercial climate and report regularly to the Maplewood Economic Development Authority, the Maplewood City Council, or both as directed. Attachment 2 Packet Page Number 47 of 280 It shall also be the purpose of the Commission to advise and make recommendations to the Maplewood City Council on housing matters regarding policy issues, development, redevelopment and housing maintenance. The Commission’s purpose is to also promote and guide the city council and city staff to develop, improve and retain housing stock in Maplewood that is safe, healthy, meets the housing needs of the residents and maintains value of quality housing throughout the city. Sec. 2-338. Name. The entity created by the Enabling Resolution shall be known as the Maplewood Housing and Economic Development Commission or HEDC. Sec. 2-339. Members. The Commission shall consist of seven (7) members, three (3) of which shall be representative of, “small business,” if available to serve, in Maplewood. The Members shall be appointed by the Mayor and City Council, upon approval by majority vote of the same. Those initially appointed shall be appointed for staggered terms consisting of two members appointed to one (1) year terms; two members appointed to two (2) year terms; and three members appointed to three (3) year terms, respectively, with a “small business” representative appointed in each of the initial term timeframes. Thereafter, Members are appointed to three (3)-year terms. Members may be reimbursed for expenses pursuant to City reimbursement policies. The city council shall also appoint persons to the Commission with backgrounds in housing, with knowledge in securing and maintaining quality housing stock in the city. Sec. 2-340. Administration. Bylaws. The Commission shall adopt bylaws and rules of procedure for administration of its affairs. Chair. The Commission shall elect a Chair, and a Vice Chair on an annual basis. Meetings. The Commission shall meet quarterly and at such other times as necessary. Rules. The Commission shall adopt such rules and guidelines as they deem appropriate, but shall operate in accordance with Maplewood’s Commission Handbook as adopted and amended from time to time. No rules shall be adopted by the Commission that are in conflict with the City’s Official Commission Handbook and in the event of any conflict or question, the Handbook shall prevail. Sec. 2-341. Modification. All modifications to the Enabling Resolution must be by Ordinance and must be adopted by the City Council by majority vote. Sec. 2-342. Report to Council. The Commission shall submit a written report of its activities and/or recommendations for modification of the Enabling Resolution to the Council at least annually. Attachment 2 Packet Page Number 48 of 280 Sec. 2-343. Director. The City’s Manager, or designee, shall attend all meetings of the commission, shall serve as a consultant and advisor to the commission and shall make quarterly reports to the council. Sec. 2-344. Conflicts of Interest. Except as authorized by Minnesota Statute 471.88, a Member of the Commission may not have a substantial conflict of interest in projects undertaken by the Commission. Sec. 2-345 Intent to Comply. Except as otherwise authorized by Minnesota Statute, it is the intent of the City Council of Maplewood to create the Housing and Economic Development Commission as a “standing” body of the City that shall be subject to the rules, regulations, restrictions and requirements as defined in both the Open Meeting Law, § 13D. 01 et seq. and the Minnesota Government Data Practices Act, § 13, et seq. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on December 10, 2012. _________________ Mayor Attest: ______________________ City Clerk Attachment 2 Packet Page Number 49 of 280 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT: Approval of a Metropolitan Livable Communities Act Grant Agreement for Concordia Arms DATE: March 5, 2013 INTRODUCTION On November 28, 2012, the Metropolitan Council approved a grant request from CommonBond Communities for $300,000. This grant money will be used towards the purchase and rehabilitation of Concordia Arms, located at 2030 Lydia Avenue. In addition to the $300,000 grant from the Metropolitan Council, CommonBond Communities received a grant from the Minnesota Housing Financing Agency for $13,814,265. CommonBond will rehab the existing 125 rental units while also keeping rents affordable at 50 percent of the area’s median incomes. DISCUSSION The Metropolitan Council’s Local Housing Incentives Account (LHIA) works with developers on projects that maintain or expand the Twin Cities affordable housing stock. While private entities are able to apply directly to the Metropolitan Council for grant funds, state statute prevents funds from being dispersed to the applicant. The grant funds must be issued to the city in which the project is taking place and then the city issues the grant funds directly to the applicant. The city acts as the intermediary to ensure funds are being used for appropriate purposes. The city of Maplewood participates in the Metropolitan Council’s Livable Communities program, which includes the LHIA grants, and thus agrees to serve as the intermediary between project applicants and the Metropolitan Council. No city dollars are going towards the project at Concordia Arms – only Metropolitan Council and Minnesota Housing grants dollars. Also, the city only has to serve as the grantee for the LHIA grant, the $300,000 grant. The nearly $14 million grant from the Minnesota Housing Financing Agency is able to be directly distributed to the applicant. The city, in the past, has served in this role as the grantee for Metropolitan Council grant dollars. Attached to this report is a grant agreement outlining the responsibilities of the Metropolitan Council and the city of Maplewood. After the council approves this agreement, it will be signed by the mayor and city manager and then forwarded on to the Metropolitan Council to complete its execution. BUDGET IMPACT None, no city funds are involved with this project. Agenda Item G7 Packet Page Number 50 of 280 RECOMMENDATION Authorize the mayor and city manager to sign and execute the attached grant agreement between the city of Maplewood and Metropolitan Council. Attachments: 1. Project Overview, email from Cynthia Lee – CommonBond 2. Grant Agreement between city and Metropolitan Council Packet Page Number 51 of 280 From: Lee, Cynthia [mailto:Cynthia.Lee@commonbond.org] Sent: Friday, March 01, 2013 3:32 PM To: Michael Martin Subject: RE: Concordia Arms, 2030 Lydia Avenue East CommonBond Communities is the Upper Midwest's largest nonprofit provider of affordable housing with on-site services. CommonBond builds stable homes, strong futures, and vibrant communities, and has served the region for over 40 years. CommonBond has an exceptional track record and demonstrated expertise in owning, managing and providing services to HUD Section 8 and 202 properties for 40+ years. CommonBond is proposing to acquire and rehabilitate the 125-unit senior Section 8 Concordia Arms housing development. The property is currently owned by Concordia Arms, Inc. and has been managed by CommonBond Communities for three years. In late 2012, CommonBond received funding awards from Ramsey County, Minnesota Housing Finance Agency and the Metropolitan Council for acquisition and long-term, comprehensive preservation of the Concordia property. The property is in need of major capital improvements, particularly the mechanical systems and interior spaces. The property has been well maintained but has challenges related to physical deterioration, particularly unit interiors and mechanical systems. The extensive rehabilitation of the property will include new kitchens, bathrooms, flooring, lighting, asbestos abatement, new exterior siding, common area HVAC systems, and site improvements. The total renovation costs will be approximately $4.8 million. CommonBond Communities’ unique Advantage Services programs provide on-site services for Concordia’s residents, to promote resident stability, advancement and independence. Programs at Concordia include wellness and healthcare services to help seniors’ age in place, plus numerous social and community activities. For Concordia’s frail elderly and special needs residents, the Advantage Service coordinator can provide one-on-one case management, advocacy and resource connections. With the new financing, several units will be developed to serve homeless seniors as well. Cynthia Lee Associate Vice President, Housing Development CommonBond Communities 328 W. Kellogg Blvd. | St Paul, MN 55102 Phone: 651-290-6245| Main: 651-291-1750 | Fax: 651-291-1003 cynthia.lee@commonbond.org | commonbond.org | facebook CommonBond builds stable homes, strong futures, and vibrant communities. Attachment 1 Packet Page Number 52 of 280 Attachment 2 Packet Page Number 53 of 280 Attachment 2 Packet Page Number 54 of 280 Attachment 2 Packet Page Number 55 of 280 Attachment 2 Packet Page Number 56 of 280 Attachment 2 Packet Page Number 57 of 280 Attachment 2 Packet Page Number 58 of 280 Attachment 2 Packet Page Number 59 of 280 Attachment 2 Packet Page Number 60 of 280 Attachment 2 Packet Page Number 61 of 280 Attachment 2 Packet Page Number 62 of 280 Attachment 2 Packet Page Number 63 of 280 Attachment 2 Packet Page Number 64 of 280 Agenda Item G8 AGENDA REPORT TO: James Antonen, City Manager FROM: Mychal Fowlds, IT Director SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Change Order with Derau Construction, Police Department Expansion Project – Phase 1 DATE: March 5, 2013 INTRODUCTION The City Council will consider approving the attached resolution directing the modification of the existing construction contract for the Police Department Expansion Project – Phase 1. BACKGROUND On December 10, 2012, the Council awarded Derau Construction a construction contract for the build out of offices and modification of existing areas in 1902 County Road B East in the amount of $213,300. There have been no change orders to the contract to date. DISCUSSION The modifications consist primarily of small changes due to items found during the demolition of existin g areas. The remaining modifications are items that will help staff keep the Parks & Recreation relocation portion of this project ahead of schedule. These modifications result in an increase to the overall construction contract. Expedite Trane Equipment Delivery (Addition) In order to keep the project on schedule as much as possible the contractor has recommended expediting the equipment delivery from Trane. Remove Sealant Work (Reduction) In lieu of sealant work at the existing windows per plans, move forward with low expanding foam at window sills below window frames to stop air penetrations. Install Access Panel (Addition) An access panel was found to be needed for access to an existing mechanical shaft and was not included in the original contract. Relocate Elevator Venting (Addition) Relocate elevator venting in restroom to above the new ceiling height in order to meet code requirements and install an access panel in restroom ceiling per code and was not included in the Packet Page Number 65 of 280 Agenda Item G8 original contract. Enlarge Counter Window (Addition) During demolition it was found that there had previously been a space created for a counter. This space is much larger than originally planned for and so additional materials are needed. Build Out Mezzanine Storage Room (Addition) When the original contract and plans were approved Parks and Recreation were not moving to the Public Works building. Since those documents were finalized that is now the approved plan. In order to keep Phase 1 on schedule we need to move the files currently located in the mezzanine. Rather than move them numerous times this item would build the space where the documents will be stored in the future. Remodel Offices A215 & A217 (Addition) These offices were untouched in the initial project contract. Due to the Parks and Recreation portion moving forward these 2 offices will be repurposed. This item allows that work to happen now as a portion of office A217 is involved in Phase 1 as well. Paint Additional Offices (Addition) Originally these offices were to be left as is as they had recently been painted. Due to some patching performed in these offices and in order to keep the offices conforming to the rest of the office painting is required. Additional Work for New Exhaust Fan (Addition) To meet code it is required that a 2’ x 2’ enclosure be installed around the new exhaust fan ductwork with will pass through the plenum space above the new restroom. The change order costs are summarized below: Change Order #1 Amount 1 Expedite Trane Equipment $ 370.00 2 Remove Sealant Work $ (546.00) 3 Install Access Panel $ 245.00 4 Relocate Elevator Venting $ 1,630.00 5 Enlarge Counter Window $ 1,268.00 6 Build Out Mezzanine Storage Room $ 19,346.00 7 Remodel Offices A215 & A217 $ 3,119.00 8 Paint Additional Rooms $ 1,529.00 9 Additional Work for New Exhaust Fan $ 1,600.00 Total Change Order No. 1 $ 28,561.00 BUDGET Approval of Change Order No. 1 will increase the project construction contract amount by $28,561.00 from $213,300 to $241,861. No adjustments to the approved budget are needed at this time. Packet Page Number 66 of 280 Agenda Item G8 RECOMMENDATION Staff recommends that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, for the Police Department Expansion Project – Phase 1. Attachments: 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 1 2. Change Order Form Packet Page Number 67 of 280 Agenda Item G8 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT POLICE DEPARTMENT EXPANSION PROJECT - PHASE 1, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 1, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Police Department Expansion Project – Phase 1, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $28,561.00. The revised contract amount is $241,861.00. Adopted by the Maplewood City Council on this 11th day of March 2013. Packet Page Number 68 of 280 Agenda Item G8 CHANGE ORDER CITY OF MAPLEWOOD PROJECT NAME: Police Department Expansion Project - Phase 1 CONTRACTOR: Derau Construction CHANGE ORDER NO.: One (1) DATE: March 5, 2013 The following changes shall be made in the contract documents: ADD BID SCHEDULE CO #1 – CHANGE ORDER NO. 1 Item No. Item Description Amount 1 Expedite Trane Equipment $ 370.00 2 Remove Sealant Work $ (546.00) 3 Install Access Panel $ 245.00 4 Relocate Elevator Venting $ 1,630.00 5 Enlarge Counter Window $ 1,268.00 6 Build Out Mezzanine Storage Room $ 19,346.00 7 Remodel Offices A215 & A217 $ 3,119.00 8 Paint Additional Rooms $ 1,529.00 9 Additional Work for New Exhaust Fan $ 1,600.00 TOTAL SCHEDULE CO #1 $28,561.00 TOTAL NET CHANGE ORDER NO. 1 $28,561.00 CONTRACT STATUS: Original Contract: $213,300.00 Net Change of Prior Change: $0.00 Change this Change Order: $28,561.00 Revised Contract: $241,861.00 Recommended By: SEH, Inc. By: Date: Agreed to By: Derau Construction By: Date: Approved By: City of Maplewood By: Date: Packet Page Number 69 of 280 Item G9 AGENDA REPORT TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: March 6, 2013 SUBJECT: Approval of Agreement for Use of Harvest Park for the Susan G. Komen 3-Day Event Introduction Nancy G. Brinker promised her dying sister, Susan G. Komen, she would do everything in her power to end breast cancer forever. In 1982, that promise became the Susan G. Komen for the Cure and launched the global breast cancer movement. Today, Susan G. Komen for the Cure is the world's largest grassroots network of breast cancer survivors and activists fighting to save lives, empower people, ensure quality care for all and energize science to find the cures. Background For the last six years, the Susan G. Komen for the Cure coordinators have worked with the City for the use of Harvest Park as their home base for over 3,000 participants for the Susan G. Komen Race for the Cure® held in the Metro area. It has been a successful partnership and the event organizers have requested the use of Harvest Park again this year. The Susan G. Komen Race for the Cure® event is scheduled for August 23-25. Staff will had correspondence with the coordinators for the event to ensure that health and safety, public safety and other concerns are met. Staff has experienced a very professional and responsible working relationship the last five years with the event coordinators and look forward to working with them again. Attached you will find a copy of the proposed agreement that requires council approval. Recommendation It is recommended that the City Council approve the Susan G. Komen Race for the Cure® event agreement. Attachment 1: Use Agreement Packet Page Number 70 of 280 USE AGREEMENT City of Maplewood Citizen Services Department The Use Agreement (hereafter “Agreement”) is made and entered in to this ____ day of __________, 2013, by and between the City of Maplewood, a Minnesota municipal corporation (hereafter the “City”), and The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen for the Cure® (hereafter “Komen”), as producer of the 2013 Susan G. Komen Twin Cities 3-Day event benefiting Komen, a non-profit organization. WHEREAS, Komen has requested to use the Harvest Park property for a scheduled non-profit event benefiting Susan G. Komen For The Cure® a non-profit organization; and WHEREAS, the City believes that the non-profit event planned by Komen would benefit the citizens of the City of Maplewood and the surrounding areas and desires to allow use of the Harvest Park property for the requested uses; NOW THEREFORE, in consideration of the mutual promises, covenants, and benefits contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the City and Komen agree as follows: 1. Komen shall have the right to use the Harvest Park property in connection with a non-profit cancer awareness program and matters related to the Susan G. Komen Twin Cities 3-Day. Komen shall have the right to use the property to construct an overnight campground. NO campfires will be allowed, and all camp design and construction plans, including areas in which vehicular access to the property will be allowed, shall be subject to the specific approval of the City, which approval shall not be unreasonably withheld. 2. Komen will be permitted to use the Harvest Park property on the following days: a. August 21 and 22, 2013, for set up b. August 23-25, 2013, for event day c. August 26, 2013 for clean up 3. Komen accepts full responsibility and liability for any and all damages resulting to the park property as a result of its use for the Susan G. Komen Twin Cities 3-Day, reasonable wear and tear excluded. Komen agrees to restore the property to its previous condition, which is reasonably acceptable to the City of Maplewood. The Director of Citizen Services and Maplewood Staff will meet on Monday, August 26, 2013 with the Event Production Manager, Event 360, Inc., to evaluate the condition of the property and to determine what work, if any, will be necessary to restore the property to its previous condition. A security deposit of $5,000.00, made payable to the “City of Maplewood” must be received by July 30, 2013. The deposit will be refundable after inspection of the property and completion of all items of reasonable concern are addressed. 4. Komen shall maintain general liability insurance in an amount of at least amounts not less than those set forth on the attached Certificate of Insurance at all times during the Terms of this Agreement to protect the City from any and all liability to persons or property which may result from use of the Harvest Park property. Komen shall provide the City to be named as “additional insured” on its binder. 5. The City shall be responsible for having the property mowed and clear of litter and trash and in good and useable condition prior to August 21, 2013. 6. Komen will coordinate security and traffic issues with the City of Maplewood Police Department. The event area will be secured and closed to the public no later than 9:00 p.m. on the days that the property is being used by Komen for the Susan G. Komen Twin Cities 3-Day. 7. Komen shall notify the City by August 1, 2013, of the emergency contingency plan for the scheduled event in case of inclement weather. Packet Page Number 71 of 280 8. Komen shall defend, indemnify and hold harmless the City, its elected officials, officers, agents, and employees from any and all suits, actions, legal proceedings, claims, demands, costs, expenses, and reasonable attorney’s fees resulting from any claim arising as a result of Komen’s use of the Harvest Park property under this Agreement. Nothing herein contained shall be deemed to in any way constitute a waiver by the City of any privileges and immunities it may have under the laws of the State of Minnesota or the Constitution of the State of Minnesota. Likewise, the City of Maplewood agrees to indemnify and hold Komen harmless from and against any and all costs, losses or expenses, including reasonable attorney’s fees, that Komen may incur by reason of (a) the City of Maplewood’s negligence or intentional misconduct or (b) any third-party claim(s) or law suit(s) arising out of, or in connection with the City of Maplewood’s performance or failure to perform pursuant to this agreement. 9. This Agreement shall become effective on the date signed by the last party hereto, and shall be governed by the laws of the State of Minnesota. Agreed to by the undersigned as evidenced by the signature set forth below. 10. Dispute Resolution. In the event of any dispute arising out of this Agreement, the parties shall use good faith efforts to resolve their differences amicably. In the event they are unsuccessful, the parties agree not to commence litigation until attempting to resolve their dispute through mediation. Either party may initiate the mediation process with 30 days’ prior written notice to the other party. 11. As to notice or communication regarding this agreement: Event360, Inc. City of Maplewood Susan G. Komen 3-Day for the Cure™ Citizen Services Department Kendra O’Donnell Karen Guilfoile, City Clerk Event Production Manager Director Citizen Services Phone: 661.212.8862 Phone: 651.249.2002 Fax: 888.453.1731 Fax: 651.249.2009 kodonnell@event360.com karen.guilfoile@ci.maplewood.mn.us 12. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts. Each counterpart will be considered a valid and binding original. Once signed, any reproduction of this Agreement made by reliable means (e.g., photocopy, facsimile) is considered an original. City of Maplewood By: By: Mayor, Will Rossbach City Manager, James Antonen Date: Date: Attest: City Clerk, Karen Guilfoile The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen for the Cure By: Title: Date: Packet Page Number 72 of 280 Item G10 Agenda Report TO: Jim Antonen, City Manager Karen Guilfoile, Citizen Services Director FROM: Regan Beggs, Business License Specialist DATE: March 1, 2013 SUBJECT: Approval of a Fee Waiver for a Temporary Food Sales Permit Fee for B-52 Slider Squad – For the Anna Hurd Memorial Fundraiser Event Introduction On Thursday, February 28, 2013, Jason Degidio, presenting B-52 Slider Squad submitted an application for a Temporary Food Sales permit to be used the next day at 2501 White Bear Avenue in the Rainbow Foods parking lot from 10:30 a.m. to 6:00 p.m. The proceeds garnered from the food sales for the day will be donated to the Anna Hurd benefit fund. Upon application, Mr. Degidio requested that the Temporary Food Sales permit fee of $55.00 be waived since the funds raised from sales were being donated to the benefit fund. Due to the timeliness of the event staff administratively waived the fee and is now requesting that the city council retro-actively waive the fee. Recommendation Staff recommends the authorization to retro-actively waive the $55.00 fee associated with the Temporary Food Sales Permit for B-52 Slider Squad for their event on Friday, March 1, 2013. Packet Page Number 73 of 280 Item G11 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, City Clerk DATE: March 11, 2013 SUBJE CT: Temporary Gambling Permit Resolution for the Minnesota Waterfowl Association Introduction John Molkenbur representing the Minnesota Waterfowl Association has submitted an application for a temporary gambling permit for their East Metro Banquet held at the Moose Lodge, located 1946 English Street in Maplewood. The event will be held on Thursday, April 11, 2013 from 5:30pm to 10:30pm and is held to raise funds for the “Woodie Camp” put annually by the Minnesota Waterfowl Association. It is requested the council approve the following resolutions for the temporary gambling. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Minnesota Waterfowl Association. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that council approve the lawful gambling resolution application for the Minnesota Waterfowl Association for their East Metro Banquet held at the Moose Lodge, 1946 English Street in Maplewood. Packet Page Number 74 of 280 Agenda Item G12 Attachment 1. Requisition 2. Rebate Preapproval 3. Trane Proposal AGENDA REPORT TO: City Manager, Jim Antonen FROM: Chief Building Engineer, Larry Farr SUBJECT: Implementation to Replace and Upgrade the Trane Summit System at City Hall DATE: March 5, 2013 Introduction The heating and cooling systems for the City Hall and Police Department buildings were installed in 1984 and 1994 respectively. The systems have been upgraded several times with the last one being in 2004 to the Trane Summit Energy Management System (EMMS). There are Variable Air Volume (VAV) units that have pneumatic (air pressure) controls for heating and cooling of the areas. The pneumatic thermostats open and close the dampers and heating valves to maintain the temperatures for their area. Background The existing VAV units are 18 – 28 years old and are starting to require additional maintenance and parts replacement. The hot water heat control valves and VAV dampers are controlled by air pressure that requires frequent adjusting to operate properly. The heat valves are starting to leak in many areas and that requires replacing the valve and additional repairs. The Maplewood Community Center and Public Works facilities have Trane Summit Electronic VAV’s and electronic heating valves that require little maintenance and provide more consistent heating and cooling. This project will also allow staff to better control the temperatures in the proposed areas which will allow for additional energy savings. At the February 11, 2013 City Council meeting approval was granted for the carryover of 2012 funds as designated on the Consent Agenda. With this approval Building Operations received $45,000 for the implementation of this project. Trane is the primary vendor for this project due to the decision made in 2004 to switch vendors and upgrade the control systems to make Trane the primary supplier for our energy management system and related equipment. Budget Impact This purchase has been planned for and will be funded from the 2013 Building Operations budget in the amount of $46,939.50. Due to the increase in energy efficiency staff will be applying for energy rebates from Xcel Energy which will amount to roughly $2,000. Recommendation It is recommended that authorization be given to proceed with the replacement and upgrade of the Trane Summit System at City Hall. Action Required Submit to City Council for review and approval. Packet Page Number 75 of 280 Packet Page Number 76 of 280 Packet Page Number 77 of 280 Packet Page Number 78 of 280 Packet Page Number 79 of 280 Packet Page Number 80 of 280 Packet Page Number 81 of 280 Packet Page Number 82 of 280 Agenda Item G13 Attachments 1. CFS requisition Phase 1A AGENDA REPORT TO: City Manager, Jim Antonen FROM: IT Director, Mychal Fowlds Chief Building Engineer, Larry Farr SUBJECT: Approval of Office Furniture for Parks & Recreation Department, Police Department Expansion Project Phase 1A DATE: March 5, 2013 Introduction The City Council approved funding for Phase 1 of the Police Department Expansion Project in the amount of $500,000 on November 26, 2012. The majority of the construction project was put out for bid and was awarded to Derau Construction on December 10, 2012. Certain items were not part of the bid package. As they arise staff will present them to Council for approval. Background Phase 1 of the Police Department Expansion Project predominately involves moving Community Development and Parks and Recreation from City Hall to 1902 County Road B East. In doing so staff has needs for the various items shown below. These items were considered to be outside the scope of the construction bid but are certainly part of the Police Department Expansion Project. 1. Commercial Furniture Systems (CFS) – Office furniture purchases and installation for Phase 1a utilizing US Communities pricing – $21,161.14 Budget Impact The item listed above has been planned for and will be funded from the $500,000 that Council previously allocated for the Police Department Expansion Project – Phase 1. Recommendation It is recommended that approval be given to proceed with the Police Department Expansion Project item listed above. Action Required Submit to City Council for review and approval. Packet Page Number 83 of 280 Packet Page Number 84 of 280 Packet Page Number 85 of 280 Packet Page Number 86 of 280 Packet Page Number 87 of 280 Packet Page Number 88 of 280 Packet Page Number 89 of 280 Packet Page Number 90 of 280 Packet Page Number 91 of 280 Packet Page Number 92 of 280 Packet Page Number 93 of 280 Packet Page Number 94 of 280 Packet Page Number 95 of 280 Packet Page Number 96 of 280 Item G14 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Ginny Gaynor, Natural Resources Coordinator DATE: March 5, 2013 for March 11, 2013 Council Meeting RE: Resolution Accepting Donation from Friends of the Mississippi River to City of Maplewood Introduction On May 14, 2012, City Council approved the City entering into a contract with Friends of the Mississippi River (FMR) for FMR to accept donations from individuals and businesses towards acquisition of the Fish Creek parcel. FRM received 44 donations on behalf of the Fish Creek project in 2012, and has submitted a donation of $7249.12 to the City of Maplewood to be used towards acquisition of the Fish Creek parcel. This does not include funds received by FRM in 2013. Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the governing body in the form of a resolution by a two-thirds vote. Consideration Approve the following resolution accepting the donation of $7249.12 towards acquisition of the Fish Creek parcel. RESOLUTION ACCEPTANCE OF DONATION WHEREAS the City of Maplewood has received a donation of $7249.12 for acquisition of the Fish Creek parcel, NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood to accept this donation. Packet Page Number 97 of 280 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 98 of 280 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager SUBJECT: Havencrest Preliminary Plat APPLICANT: Powerline, Inc. LOCATION: 2292 County Road D East VOTE REQUIRED: Simple Majority Vote Required for Approval DATE: March 6, 2013 INTRODUCTION Brent Hislop, representing Powerline, Inc, is requesting approval of a preliminary plat to develop nine single-dwelling lots on a 2.46 acre parcel. This proposed subdivision would be called Havencrest. The site currently has one single dwelling, located at 2292 County Road D East. The applicant proposes to remove the old house and garage. Each of the proposed lots would meet lot size requirements of at least 10,000 square feet and a minimum lot frontage of 75 feet. Refer to the enclosed maps and subdivision plans. DISCUSSION Preliminary Plat The subject property is planned and zoned for a single family subdivision and the proposed lots would meet all city lot size requirements. County Road D and Gall Avenue would provide access to the proposed lots without the need of any new road construction. Sanitary sewer and water mains are also in place to serve the proposed plat. The density proposed would be 3.66 units per acre. The land use plan allows a density range of 2.6 to 6 units per acre. The proposed number of homes, therefore, would meet the city’s housing density requirements. There is a shed shown on the survey that appears to belong to the neighbor located at 2280 County Road D. This should be removed before a building permit is granted for a new home on proposed Lot 1. Tree Replacement The main issue is complying with city tree-replacement requirements noted in the Environmental Review by Shann Finwall (attached). There are a significant number of trees on the property that the tree preservation ordinance would require the applicant to replace. The ordinance requires that significant trees (hardwoods that are at least six inches in diameter; soft woods that are at least 12 inches in diameter, and; evergreens that are at least eight inches in diameter) that are removed, must be replaced based on a formula relative to the total amount of caliper inches of trees cut down. In this case, the applicant has worked with Ms. Finwall who determined that they shall replace 285 caliper inches of trees on the proposed subdivision. There will remain to be 30 caliper inches of trees that cannot be planted. Agenda Item J1 Packet Page Number 99 of 280 The applicant would then pay into the city’s tree fund a total of $1,800 (30 caliper inches x $60 per tree = $1,800). Additional Department Comments Engineering Refer to the Engineering Plan Review by Jon Jarosch, Staff Engineer dated February 25, 2013. Building Official The applicant would need to obtain building permits for home construction. The Historical Preservation Commission will want a photo of the house before it is demolished. Police Department Comments Acting Police Chief Dave Kvam had no comments or issues with this proposal. Citizen Comments Staff surveyed the surrounding property owners (see Citizen Comments) for their input. Refer to those comments in this report. Of the nine replies, nobody was in favor of this development. The neighbors have enjoyed this wooded acreage for many years and would prefer it stay undeveloped, or at most remain a single home site. This property, however, is designated for single-family home development and zoned the same. The city cannot deny this proposal since it is properly planned and zoned for such a development. COMMISSION ACTION March 5, 2013: The planning commission recommended approval with the staff recommendation. BUDGET IMPACT None. Packet Page Number 100 of 280 RECOMMENDATION Approve the Havencrest preliminary plat located at 2292 County Road D East, subject to the following conditions: 1. Comply with the conditions of approval in the engineering report by Jon Jarosch, Maplewood Staff Engineer, dated February 25, 2013. 2. Comply with the conditions of approval in the Environmental Review by Shann Finwall dated February 25, 2013. 3. Before a building permit is issued for proposed Lot 1, the builder of that lot shall remove the shed which appears to belong to the owner of 2280 County Road D. This shed may be relocated to 2280 County Road D, provided it meets all city setback and building size requirements and all building code requirements. Packet Page Number 101 of 280 CITIZEN COMMENTS Staff surveyed the 35 surrounding property owners within 500 feet of this proposed development for their comments. Of the 10 replies, one was in favor, five were opposed and four had miscellaneous comments or concerns. In Favor Single family development is ok. Duplex or more is not acceptable. Enforce one family per dwelling, not multi families per house. (RLH, 3053 Dorland Road) Opposed Well I am very disappointed that the land across the street from me is going to turn into a housing development. I never thought that it was buildable property. I guess there is nothing we can really do about it at this point except find out what type of houses are going to be built. I hope this development will not be a low income housing project as Maplewood does not need another one. I guess I would like to know what type or amount of assessments would we be responsible for, if any, and what the developer would be responsible for when tearing up the street in front of my house. I know that my neighbors are very concerned because of the quietness this neighborhood has always been until this notice was given. Thanks for letting us know of this request. (Terry Mechelke, 2288 Gall Avenue) I would like to see that this area stay as it is, a single home dwelling. Having the heavily wooded area there makes this neighborhood a little unique from all the other neighborhoods that are just a bunch of boxes with no mature trees and woods. It’s the only natural area left from the original land that, it’s my understanding, only had my house and a couple of others as farmland. It would be nice to preserve it. If they could make it with less homes and keep the woods that would be ok too. Thank you for asking. (Kathy Besser, 2324 Gall Avenue) We have way too many empty homes in Maplewood. Why would we build more? You are taking away wooded areas for the wildlife and what makes our neighborhood special. Our value of our homes will go down. Why is it whenever there is some land someone has to build on it? (Tod and Karen Brewster, 2300 Gall Avenue) Opposed!!! We don’t need any more traffic on this short street. (no name or address given) Refer to the attached letter of opposition. (no name or address given) Miscellaneous Comments and Concerns After reviewing the information you sent, Ramsey County Parks and Recreation does not have any issues with the proposed nine lot subdivision. I presume this development will meet all required city codes for development. (Scott Yonke, Director of Planning and Development, Ramsey County Parks and Recreation Department) Packet Page Number 102 of 280 What would be done with the low land on lots 8 and 9? Are there sewer and water stubs for all lots? If not, would the street be torn up? Biggest concern would be contractor’s cleaning up after jobs are complete, tree removal, grading, etc. (Dean A. Demars, 2280 Gall Avenue) What will the house values be? (Rob Voto, 2278 County Road D) Refer to the attached letter from Lisa Houck, 2326 County Road D. Packet Page Number 103 of 280 REFERENCE INFORMATION SITE DESCRIPTION Existing Use: One single dwelling Site Size: 2.46 acres SURROUNDING LAND USES North: County Road D, property owned by Ramsey County Parks and I-694 East: Single dwellings West: Single dwellings South: Gall Avenue and single dwellings PLANNING Land Use Classification: LDR, (low density residential) Zoning: R1 – Single Dwelling APPLICATION DATE The city received the complete application for the proposed preliminary plat on January 23, 2013. Minnesota State Statute 15.99, states that the city shall review and decide on proposals within 60 days. The deadline for city action is March 24, 2013. P:sec1\Havencrest Single Family Subdivision\Havencrest Preliminary Plat CC Report 3 13 te Attachments: 1. Location Map 2. Land Use Plan Map 3. Zoning Map 4. Preliminary Plat 5. Engineering Report from Jon Jarosch dated February 25, 2013 6. Environmental Planner’s Report from Shann Finwall and Virginia Gaynor dated February 25, 2013 7. Letter of Opposition (anonymous) 8. Email Transmittal from Lisa Houck dated February 4, 2013 9. Plans date-stamped February 22, 2013 (separate attachment) Packet Page Number 104 of 280 Packet Page Number 105 of 280 Packet Page Number 106 of 280 Packet Page Number 107 of 280 Packet Page Number 108 of 280 Packet Page Number 109 of 280 Packet Page Number 110 of 280 Packet Page Number 111 of 280 Environmental Review Project: Havencrest Subdivision Date of Original Plans: February 11, 2013 Date of Review: February 25, 2013 Reviewers: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall@ci.maplewood.mn.us Background: The Havencrest proposal subdivides a 102,967 square foot lot into nine new single family lots. The property is located between County Road D and Gall Avenue, east of Standridge Place in Maplewood. The lot is heavily wooded and must comply with the City’s tree removal and replacement guidelines. Ordinance Requirements: Tree Preservation Ordinance: Maplewood’s tree preservation ordinance describes a significant tree as a 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. The ordinance requires any significant tree removed to be replaced based on a tree mitigation calculation. The calculation takes into account the total caliper inches of trees located on the site and the caliper inches removed. Tree Removal and Required Replacement: The Havencrest tree plan indicates that there are significant trees on the lot equaling 475 caliper inches. Of the significant trees, the applicant proposes to remove 367 caliper inches with the development. The City’s tree replacement calculation requires that the developer replace 315 caliper inches. The applicant is proposing to plant a total of 285 caliper inches of replacement trees/shrubs. In order to meet the City’s tree preservation ordinance the applicant must plant an additional 30 caliper inches (or approximately 12 – 2.5 caliper inch trees), or pay into the City’s tree fund in the amount of $1,800 (30 x $60 per caliper inch). Landscape Plan: The landscape plan shows 73 trees and 120 woody shrubs. Each outside lot will have approximately 12 new trees and several shrubs and the interior lots will have approximately 7 new trees and several shrubs. There doesn’t appear to be room for additional trees and shrubs plantings on each lot. Recommendations: 1. Prior to issuance of a grading permit the developer shall: a. Submit a cash payment in the amount of $1,800 to the City’s tree fund. The payment is required to cover the 30 caliper inches of significant trees which cannot be replaced on the site (30 x $60 per caliper inch). Packet Page Number 112 of 280 2 b. Submit a tree protection plan to be approved by staff which shows safety fencing placed around significant trees not scheduled for removal. c. Submit a tree escrow to cover the required replacement trees. 2. Prior to issuance of a building permit for each lot the builder shall: a. Submit a tree escrow for each lot. Once the builder’s escrow is received by the City, the City will release that same amount from the original escrow to the original developer. 3. Prior to issuance of a certificate of occupancy for each lot the builder shall: a. Plant all required replacement trees and shrubs. The replacement trees and shrubs must have a one-year warranty. Once the trees have been planted, the City will release the builder’s tree escrow for each lot. b. If a certificate of occupancy is requested in the winter or during a non- growing season, the city shall retain the escrow until all required trees and shrubs are planted. If after three years, all required trees and shrubs are not planted as required on any lot, the city shall transfer the required escrow into the city’s tree fund. P:Sec1-29\Havencrest Single Family Subdivision\Environmental Review Packet Page Number 113 of 280 Packet Page Number 114 of 280 Packet Page Number 115 of 280 Agenda Item J2 AGENDA REPORT TO: James Antonen, City Manager FROM: Charles Ahl, Assistant City Manager SUBJECT: Approval of 2013-2014 Collective Bargaining Agreements: a) Minnesota AFSCME Council No. 5 – Local 2725 – Clerical/Technical & Maintenance Units b) International Association of Firefighters – Firefighters Local 4470 – Fire Officers c) International Association of Firefighters – Firefighters Local 4470 – Firefighters d) Law Enforcement Labor Services, Inc. (Local 173) – Police Sergeants e) Maplewood Confidential & Supervisory Association f) Maplewood Supervisory Association DATE: March 5, 2013 INTRODUCTION/BACKGROUND On February 27, 2012, the City Council began to discuss strategy for bargaining with the seven bargaining groups regarding contracts for 2013. Based upon input from that meeting, the 2013 budget was prepared for a 2.0% employee service increase, including Cost of Living Adjustment [COLA] and benefits for all employees. Closed sessions with the Council were held on September 24, 2012, November 26, 2012 and January 28, 2013 to review proposals and establish the plan for 2013-2014 Employee Contracts. All employee contracts expired at the end of 2012, we are now ready for the Council to vote on six of the seven employee contracts for 2013 and 2014. The six groups ready for approval are AFSCME, Police Sergeants, Fire Fighters, Fire Fighter Officers, Metro Supervisory Association, and Maplewood Confidential and Supervisory Association. The Police Officers are not ready at this time for approval, as they are debating issues regarding pay for paramedic service. The six bargaining groups have signed agreement based upon the following parameters: 1. Health Care: The biggest issue in these negotiations has been establishing a control on cost increases for health care. All employees are now on High Deductible Health Plans, whereby the employee pays the first $2,500 in expenses. The City provides a contribution of up to $1,900 for this expense to the employee. The contracts provide that the employee is rewarded for wellness and reduced health expenses, which helps the City by reducing claims, which is the basis for our rates. With the 2013 health care cost increase being relatively low [4.0%], it is clear that our wellness programs and efforts to control health expenses are working well with our employees to the benefit of the employee and the City. We budget employee health care costs through the Employee Benefit Fund. The specific numbers on the contract savings is that we budgeted $220,000 for employee benefits in 2013 and these contracts will cost approximately $95,000. The $125,000 will be available to offset any increases in 2014. The Council requested that we consider additional concessions from employees. That has been included in the contracts by adding requirements that will reduce City expense and add to the employee expense by $1,500 per year per employee for newly hired employees. In addition, the 2014 City health care contribution is now tied to employee wellness participation in the Medica CorePlus program or a low cost increase in 2014. If employee goals are not met in these programs, or health care costs increase by more than 4%, then employee contributions increase by up to $1,500 per employee on the highest cost plan. Finally, we have proposed to charge employees who do not participate in the Wellness Program a fee of $20 per month. Packet Page Number 116 of 280 LABOR CONTRACTS PAGE TWO 2. COST-OF-LIVING: Despite requests from the groups for COLA increases ranging between 2.0% and 6.0 % per year, we have negotiated agreement for a 1% COLA on January 1, 2013; an additional 1.0% COLA on July 1, 2013; and a 2.0% COLA on January 1, 2014, as part of a two-year contract. This is a compromise from the Council’s direction from 2012. There are some minor adjustments in the pay for fire fighters and police sergeants to consider market factors that are in the range of $300 per year per employee, although some groups have shifted deferred compensation allocations to salary. In addition, some groups have minor [up to $300 per year] adjustments to their deferred compensation plans that require employee matching. All those costs are within budget. The 1%-1%-2% plan compared to a standard 2%-2% saves the City approximately $65,000 from the 2013 approved budget. NOTE: copies of the six contracts are included as attachments to this report. As noted previously, we are still working with the Police Officers on an issue regarding compensation for officers who receive premium pay as paramedics, in addition to their officer pay. BUDGET SAVINGS: As noted above, if approved, the Employee Benefits Fund will see a reduction in expenses from the budget of approximately $125,000 in 2013 for this contract. Those funds will be dedicated to pay for increases in 2014, which are covered by these contracts. Additionally, these contracts provide for a 1%-1%-2.0% COLA for 2013/2014, while the current budget has been set for more than this amount by $65,000. Thus, no additional funds will be needed for employee expenses in 2013. This will also help control a need for a substantial levy increase in 2014. DISCUSSION The proposed contracts are a compromise position from the Council direction. We are making major progress in controlling health care costs with the bargaining groups in adding a new category for City costs to health care for newly hired employees. The 1% + 1% [in July] is generally at or slightly below the market that other Cities are settling with bargaining groups. We have also added a charge to employees for health care that can only be recovered by the employee if they participate in the Wellness Program that is helping keep our future health care increases low. We have a major concession on health care for newly hired employees, as well as controls on future costs increases that places more responsibility on employees to be pro- active in helping the City reduce costs, and also shifts a greater proportion of future health care costs increases onto the employees, rather than the City. Recommended Action It is recommended that the City Council adopt a motion to approve the 2013 and 2014 contracts with six bargaining groups, Minnesota AFSCME Council No. 5 – Local 2725 – Clerical/Technical & Maintenance Units; International Association of Firefighters – Firefighters Local 4470 – Fire Officers; International Association of Firefighters – Firefighters Local 4470 – Firefighters; Law Enforcement Labor Services, Inc. (Local 173) – Police Sergeants; Maplewood Confidential & Supervisory Association; and Maplewood Supervisory Association, and authorize the Mayor and City Manager to execute said contracts on behalf of the City. Attachments: 1. Minnesota AFSCME Council No. 5 – Local 2725 – Clerical/Technical & Maintenance Units 2. International Association of Firefighters – Firefighters Local 4470 – Fire Officers 3. International Association of Firefighters – Firefighters Local 4470 – Firefighters 4. Law Enforcement Labor Services, Inc. (Local 173) – Police Sergeants 5. Maplewood Confidential & Supervisory Association 6. Maplewood Supervisory Association Packet Page Number 117 of 280 2013-2014 LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND MINNESOTA A.F.S.C.M.E. COUNCIL NO. 5 LOCAL 2725 CLERICAL/TECHNICAL & MAINTENANCE UNITS Agenda Item J2 Attachment 1 Packet Page Number 118 of 280 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ................................................................................................... 1 ARTICLE 2: RECOGNITION ......................................................................................................................... 1 ARTICLE 3: DEFINITIONS ........................................................................................................................... 2 ARTICLE 4: UNION SECURITY ................................................................................................................... 3 ARTICLE 5: EMPLOYER SECURITY ........................................................................................................... 3 ARTICLE 6: EMPLOYER AUTHORITY ........................................................................................................ 4 ARTICLE 7: WORK SCHEDULES ................................................................................................................ 4 ARTICLE 8: CALL BACK .............................................................................................................................. 6 ARTICLE 9: STAND BY ................................................................................................................................ 6 ARTICLE 10: MEAL AND REST PERIODS .................................................................................................. 7 ARTICLE 11: OVERTIME ............................................................................................................................. 7 ARTICLE 12: PROBATIONARY PERIODS .................................................................................................. 8 ARTICLE 13: SENIORITY ............................................................................................................................. 8 ARTICLE 14: JOB POSTING ........................................................................................................................ 9 ARTICLE 15: DISCIPLINE ............................................................................................................................ 9 ARTICLE 16: GRIEVANCE PROCEDURE/ARBITRATION .......................................................................... 9 ARTICLE 17: VACATION / ANNUAL LEAVE .............................................................................................. 11 ARTICLE 18: HOLIDAYS ............................................................................................................................ 11 ARTICLE 19: SICK LEAVE ......................................................................................................................... 12 ARTICLE 20: LEAVES OF ABSENCE ........................................................................................................ 13 ARTICLE 21: SEVERANCE PAY ................................................................................................................ 14 ARTICLE 22: INJURY ON DUTY ................................................................................................................ 15 ARTICLE 23: INSURANCE ......................................................................................................................... 16 ARTICLE 24: UNIFORMS ........................................................................................................................... 19 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE ..................................................................................... 20 ARTICLE 26: PERSONNEL FILES ............................................................................................................. 20 ARTICLE 27: NONDISCRIMINATION ........................................................................................................ 20 ARTICLE 28: LEGAL DEFENSE ................................................................................................................. 21 ARTICLE 29: REQUIRED LICENSES ........................................................................................................ 21 ARTICLE 30: SAFETY ................................................................................................................................ 21 ARTICLE 31: LEADPERSON ...................................................................................................................... 21 ARTICLE 32: TOOLS .................................................................................................................................. 21 ARTICLE 33: EDUCATION ......................................................................................................................... 22 ARTICLE 34: RESERVED .......................................................................................................................... 22 ARTICLE 35: WAGE SCHEDULE .............................................................................................................. 22 ARTICLE 36: WAIVER ................................................................................................................................ 23 ARTICLE 37: SAVINGS CLAUSE ............................................................................................................... 23 ARTICLE 38: DURATION ........................................................................................................................... 24 APPENDIX A ............................................................................................................................................... 25 APPENDIX B ............................................................................................................................................... 27 APPENDIX C ............................................................................................................................................... 28 APPENDIX D ............................................................................................................................................... 29 Agenda Item J2 Attachment 1 Packet Page Number 119 of 280 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 Accounting Technician Administrative Assistant Administrative Office Coordinator Building Custodian Building Inspector Building Inspector Apprentice Building Maintenance Worker Business Licensing Specialist Civil Engineer I Civil Engineer II Code Enforcement Officer Community Gym Representative Community Service Officer (CSO) Crew Chief – Mechanic Crew Chief – Sanitary Sewer Crew Chief – Storm Sewer Crew Chief – Street Maintenance Customer Service Associate Customer Service Representative Engineering Technician Environmental Health Official Environmental Planner Facility Technician Heavy Equipment Mechanic Lead Building Custodian Agenda Item J2 Attachment 1 Packet Page Number 120 of 280 2 Lead Licensing Specialist Licensing Specialist Lifeguard Maintenance Worker Marketing/Public Relations Specialist Naturalist Office Specialist Operations Analyst – Public Works Planner Police Records Specialist Senior Engineering Technician Technical Assistant - Police 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. 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. Agenda Item J2 Attachment 1 Packet Page Number 121 of 280 3 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 4. Police Department 2. Community Center 5. Public Works Building 3. Park Maintenance Building 6. Nature Center 4.4 Union Stewards - The UNION may designate certain 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. 4.6 Seniority 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. Agenda Item J2 Attachment 1 Packet Page Number 122 of 280 4 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, b e 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 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. Agenda Item J2 Attachment 1 Packet Page Number 123 of 280 5 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 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 Resource Department. If both the employee and department head agree that this is fo r 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. Agenda Item J2 Attachment 1 Packet Page Number 124 of 280 6 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. 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. 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 paid 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 of the Maintenance Worker salary range. Any employee whose normal hourly wage is higher than Step 8 of the Maintenance Worker salary range will receive payment for any unused comp time at year-end at the rate of Step 8 of Maintenance Worker 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 Agenda Item J2 Attachment 1 Packet Page Number 125 of 280 7 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.) 11.2 Holidays Worked - Hours worked by non-exempt employees on holidays, except Thanksgiving, Christmas, and New Years, 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 Years 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 Agenda Item J2 Attachment 1 Packet Page Number 126 of 280 8 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 12.1 Probationary Period - New Employees - All newly hired or rehired employees will serve a nine (9) 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. 12.3 Probationary 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 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 Agenda Item J2 Attachment 1 Packet Page Number 127 of 280 9 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 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. 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 Agenda Item J2 Attachment 1 Packet Page Number 128 of 280 10 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, 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 Agenda Item J2 Attachment 1 Packet Page Number 129 of 280 11 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 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 Vacation Pay - Employees shall receive their vacation pay no later than the last workday prior to the start of their vacation period. This provision (17.3) does not apply to employees who have direct deposit of their paychecks. 17.4 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) 17.5 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 Agenda Item J2 Attachment 1 Packet Page Number 130 of 280 12 employees who work (and are on payroll) at twenty (20) or more hours per week): DATE HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day 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. 18.2 Personal Holidays - Full-time employees shall also receive twenty 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. Employees shall notify the EMPLOYER at or before their normally scheduled starting Agenda Item J2 Attachment 1 Packet Page Number 131 of 280 13 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 or deferred compensation at the employee's current pay rate on the basis of two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation and deferred compensation. 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 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. Agenda Item J2 Attachment 1 Packet Page Number 132 of 280 14 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 Leave - A maximum of three (3) days of funeral leave with pay shall be extended to employees upon the death of a 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 - A. Employees who work twenty (20) or more hours per week and have been employed 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. C. 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. If 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. Seniority will continue to accrue during the twelve (12) week parental 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. Employees shall be eligible for FMLA in accordance with Federal Law. ARTICLE 21: SEVERANCE PAY 21.1 Except as provided below, employees who resign or are laid off shall be entitled to severance pay which shall be computed at their regular rate of pay at the time of severance and shall amount to one-half (1/2) of the accumulated sick leave with a maximum allowance of fifty (50) days pay. In the case of the death of an employee who has become eligible for severance pay in accordance with this AGREEMENT, the beneficiary of said employee shall be eligible to receive the employee's severance pay as provided above. An employee discharged for cause will receive no severance pay. Agenda Item J2 Attachment 1 Packet Page Number 133 of 280 15 21.2 Employees hired after May 19, 1978 shall receive no severance pay. 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. 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. Agenda Item J2 Attachment 1 Packet Page Number 134 of 280 16 ARTICLE 23: INSURANCE 23.1 For all full-time employees hired prior to December 31, 2012, 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/Essential 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/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential 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. f. The Medica Program provides for an Employee Wellness Program called CorePlus. Employee participation in CorePlus provides a mutual benefit for Employer and Employee in rate cap reduction. A goal of 75% participation in CorePlus is established for 2013. 23.2 For all employees hired 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/Essential 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 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 Agenda Item J2 Attachment 1 Packet Page Number 135 of 280 17 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. 2014 Health Care Costs/Contributions 23.3 The City shall match the health insurance rate contribution formulas and HRA contributions defined within this contract for 2013 if 60% of those employees determined to be ―active employees‖ (non COBRA) plus one additional person achieve participation in the Core Plus/ Scorecard program as determined by Medica through November 30, 2013 or substantial progress toward such participation is made by the employees as determined by the City1; or, if health care cost increases for the City for any Health Care plan selected by the Labor-Management Health Care Committee, including renewal of Medica Elect/Essential and Medica Choice, do not exceed 4.0%. 23.4 If CorePlus Participation in 2013 fails to meet the 60% plus one person goal for participation and health care cost increases are more than 4.0% and the City determined that employees did not make substantial progress then the following shall apply for 2014 Employee Health Insurance Costs. 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 1 In no event shall the City’s determination of what constitutes substantial progress be more restrictive than Medica’s, rather it is anticipated that this will allow the City to be more liberal in making such determination. Additionally, the City will make its determination based on the raw data available to it through Medica, there will be no requirement of any employee to share any protected health information with the City as the City will continue to adhere to HIPPA regulations regarding the protection of personal health information. In making its determination of whether substantial progress has been made, the City will only consider information from the three main categories that are applicable to everyone; specifically the City shall review improvement in the categories of biometric screenings, personal health profiles and 8 health topics and goals. Agenda Item J2 Attachment 1 Packet Page Number 136 of 280 18 ―HDHP‖) for lowest cost 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 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. A ll employees shall only be offered the HDHP. 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. ii. $1,750 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. iii. $3,000 annually into a HRA for those employees who elect family coverage. c. 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. 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. b. For all employees hired after January 1, 2013, the following shall apply i. 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 lowest cost 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 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: 1. $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. $1,500 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 $1600.00. ii. $2,200 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 $2300.00. Agenda Item J2 Attachment 1 Packet Page Number 137 of 280 19 2. 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. The EMPLOYER shall pay one hundred percent (100%) of the cost of the employee (single) dental insurance premium. Dental benefits apply to full-time employees only. 23.5 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. 23.6 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. a. 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. 23.7 If and when AFSCME is ready to negotiate a Retiree Health Savings Plan, the City will schedule a meeting to begin the process. 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 CSO/Paramedic positions. Lifeguard staff will be provided with three (3) sets of t-shirts and shorts annually. Engineering Techs and Building Inspectors who regularly work in the field shall be reimbursed up to seventy-five dollars ($75.00) towards the cost of appropriate outerwear upon production of proper documentation of such expenses. All other regular part-time Park and Recreation employees will be provided withthree (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, 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. The EMPLOYER agrees to pay up to $200 toward the cost of safety-toed boots annually for those employees required by the EMPLOYER to wear them. The EMPLOYER will pay for a second pair (if needed) due to the boots being obviously ruined at work. If a second pair is needed, it is understood the employee will normally not need a new pair the following year. Agenda Item J2 Attachment 1 Packet Page Number 138 of 280 20 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE 25.1 Mileage - 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. Agenda Item J2 Attachment 1 Packet Page Number 139 of 280 21 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 Parks Maintenance Foreman or Chief Building Engineer by the appropriate department head or designated supervisor. ARTICLE 32: TOOLS Those employees classified as mechanics (Mechanic Crew Chief, Heavy Equipment Mechanic and VEM Technician) shall be paid an annual tool allowance of up to $450 effective 1-1-13 and $475 effective 1-1-14 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. Agenda Item J2 Attachment 1 Packet Page Number 140 of 280 22 ARTICLE 33: EDUCATION 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. ARTICLE 34: RESERVED ARTICLE 35: WAGE SCHEDULE 35.1 Cost of Living: Effective 1-1-13, increase wages by 1%, effective July 1, 2013 increase wages by 1%. Effective 1-1-14, increase wages by 2% If the City agrees to any better COLA increases for any other bargaining groups in 2013-2014, then the City shall apply those same increases to this Agreement as well. 35.2 New Salary Ranges – New salary ranges are adopted with the 2001-2002 contract. Employees who had previously been at longevity steps that pay more than the new ranges will be able to retain their pay rates and will be eligible for cost-of-living increases. The new salary ranges have eight (8) 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. 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 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. 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 15 years of service will receive an additional $5/month (to $125) Those with 20 years of service will receive an additional $10 (to $130) Those with 25 years of service will receive an additional $15 (to $135) Those with 30 years of service will receive an additional $20 (to $140) Agenda Item J2 Attachment 1 Packet Page Number 141 of 280 23 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 all full time employees with 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 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. Agenda Item J2 Attachment 1 Packet Page Number 142 of 280 24 ARTICLE 38: DURATION This AGREEMENT shall be effective January 1, 2013, and shall remain in full force and effect until the thirty-first (31st) day of December 2014. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 2012. FOR THE CITY: FOR THE UNION: ___________________________________ ________________________________ Mayor ___________________________________ ________________________________ City Manager ___________________________________ ________________________________ Human Resource Department ________________________________ ________________________________ ________________________________ Agenda Item J2 Attachment 1 Packet Page Number 143 of 280 25 APPENDIX A A.F.S.C.M.E. 2013 (Jan - Jun) Salary Ranges (1%) Step 1 2 3 4 5 6 7 8 Accountant 27.98 29.38 30.85 32.39 33.36 34.37 35.05 35.75 Accounting Technician 20.53 21.55 22.63 23.76 24.47 25.21 25.70 26.23 Administrative Assistant 19.85 20.85 21.88 23.00 23.67 24.39 24.87 25.36 25.84 26.32 Adminstrative Office Coordinator 21.84 22.93 24.08 25.28 26.04 26.83 27.36 27.90 Building Custodian 16.24 17.07 17.92 18.81 19.36 19.96 20.34 20.76 Building Inspector 26.88 28.23 29.63 31.12 32.05 33.01 33.67 34.34 Building Inspector Apprentice 21.50 22.57 23.70 24.89 25.63 26.40 26.94 27.47 Building Maintenance Worker 17.87 18.77 19.68 20.67 21.30 21.95 22.38 22.82 Civil Engineer I 28.47 29.89 31.41 32.96 33.96 34.97 35.67 36.39 Civil Engineer II 31.33 32.90 34.54 36.28 37.37 38.48 39.24 40.03 Clerk 13.15 13.80 14.48 15.21 15.68 16.14 16.46 16.80 Code Enforcement Officer 27.13 28.48 29.91 31.41 32.34 33.32 33.98 34.66 Community Gym Rep 13.16 13.82 14.49 15.22 15.69 16.15 16.47 16.81 CSO 18.13 19.04 19.98 20.98 21.61 22.27 22.69 23.16 Customer Service Associate 9.31 9.79 10.27 10.79 11.11 11.44 11.66 11.91 Customer Service Representative 13.16 13.82 14.49 15.22 15.69 16.15 16.47 16.81 Customer Service Rep, Senior 14.47 15.19 15.95 16.74 17.26 17.76 18.13 18.49 Engineering Technician 21.44 22.52 23.65 24.84 25.58 26.35 26.88 27.40 Engineering Technician, Sr 26.58 27.90 29.31 30.77 31.68 32.64 33.30 33.96 Environmental Health Official 27.13 28.48 29.91 31.41 32.34 33.32 33.98 34.66 Environmental Planner 31.47 33.05 34.70 36.44 37.53 38.65 39.44 40.24 Facility Technician 18.65 19.58 20.56 21.59 22.25 22.90 23.37 23.84 Heavy Equipment Mechanic 21.28 22.34 23.45 24.63 25.37 26.14 26.65 27.20 Lead Custodian 18.65 19.58 20.56 21.59 22.25 22.90 23.37 23.84 Lead Licensing Specialist 22.82 23.96 25.17 26.41 27.23 28.04 28.59 29.17 Lifeguard 10.57 11.12 11.66 12.25 12.61 13.00 13.25 13.51 Maintenance Worker 20.75 21.79 22.88 24.03 24.75 25.49 25.99 26.51 26.97 27.47 Maintenance Trainee 18.86 19.76 Marketing/Public Relations Spec. 24.44 25.65 26.95 28.31 29.14 30.02 30.61 31.23 Mechanic Crew Chief 23.40 24.56 25.80 27.10 27.90 28.73 29.32 29.89 Naturalist 22.41 23.52 24.71 25.93 26.71 27.52 28.08 28.63 Office Specialist 18.32 19.23 20.20 21.21 21.83 22.49 22.96 23.41 23.85 24.29 Open Space Naturalist 22.63 23.76 24.94 26.21 26.98 27.79 28.35 28.91 Park Maintence Crew Chief 22.82 23.98 25.17 26.41 27.23 28.03 28.59 29.17 Planner 27.37 28.74 30.19 31.68 32.64 33.62 34.30 34.99 Public Works Operations Analyst 26.57 27.90 29.31 30.75 31.68 32.63 33.29 33.95 Receptionist 17.42 18.29 19.21 20.18 20.77 21.40 21.82 22.27 Sanitary Sewer Crew Chief 22.82 23.98 25.17 26.41 27.23 28.03 28.59 29.17 Storm Sewer Crew Chief 22.82 23.98 25.17 26.41 27.23 28.03 28.59 29.17 Street Maintenance Crew Chief 22.82 23.98 25.17 26.41 27.23 28.03 28.59 29.17 Technical Assistant--Police 28.49 29.92 31.42 32.98 33.97 35.00 35.69 36.41 VEM Technician 18.07 18.97 19.92 20.92 21.52 22.18 22.62 23.08 Agenda Item J2 Attachment 1 Packet Page Number 144 of 280 26 A.F.S.C.M.E. 2013 (Jul - Dec) Salary Ranges (1%) Step 1 2 3 4 5 6 7 8 Accountant 28.26 29.67 31.16 32.71 33.69 34.71 35.40 36.11 Accounting Technician 20.74 21.77 22.86 24.00 24.71 25.46 25.96 26.49 Administrative Assistant 20.05 21.06 22.10 23.23 23.91 24.63 25.12 25.61 26.10 26.58 Adminstrative Office Coordinator 22.06 23.16 24.32 25.53 26.30 27.10 27.63 28.18 Building Custodian 16.40 17.24 18.10 19.00 19.55 20.16 20.54 20.97 Building Inspector 27.15 28.51 29.93 31.43 32.37 33.34 34.01 34.68 Building Inspector Apprentice 21.72 22.80 23.94 25.14 25.89 26.66 27.21 27.74 Building Maintenance Worker 18.05 18.96 19.88 20.88 21.51 22.17 22.60 23.05 Civil Engineer I 28.75 30.19 31.72 33.29 34.30 35.32 36.03 36.75 Civil Engineer II 31.64 33.23 34.89 36.64 37.74 38.86 39.63 40.43 Clerk 13.28 13.94 14.62 15.36 15.84 16.30 16.62 16.97 Code Enforcement Officer 27.40 28.76 30.21 31.72 32.66 33.65 34.32 35.01 Community Gym Rep 13.29 13.96 14.63 15.37 15.85 16.31 16.63 16.98 CSO 18.31 19.23 20.18 21.19 21.83 22.49 22.92 23.39 Customer Service Associate 9.40 9.89 10.37 10.90 11.22 11.55 11.78 12.03 Customer Service Representative 13.29 13.96 14.63 15.37 15.85 16.31 16.63 16.98 Customer Service Rep, Senior 14.61 15.34 16.11 16.91 17.43 17.94 18.31 18.67 Engineering Technician 21.65 22.75 23.89 25.09 25.84 26.61 27.15 27.67 Engineering Technician, Sr 26.85 28.18 29.60 31.08 32.00 32.97 33.63 34.30 Environmental Health Official 27.40 28.76 30.21 31.72 32.66 33.65 34.32 35.01 Environmental Planner 31.78 33.38 35.05 36.80 37.91 39.04 39.83 40.64 Facility Technician 18.84 19.78 20.77 21.81 22.47 23.13 23.60 24.08 Heavy Equipment Mechanic 21.49 22.56 23.68 24.88 25.62 26.40 26.92 27.47 Lead Custodian 18.84 19.78 20.77 21.81 22.47 23.13 23.60 24.08 Lead Licensing Specialist 23.05 24.20 25.42 26.67 27.50 28.32 28.88 29.46 Lifeguard 10.68 11.23 11.78 12.37 12.74 13.13 13.38 13.65 Maintenance Worker 20.96 22.01 23.11 24.27 25.00 25.74 26.25 26.78 27.24 27.74 Maintenance Trainee 19.05 19.96 Marketing/Public Relations Spec. 24.68 25.91 27.22 28.59 29.43 30.32 30.92 31.54 Mechanic Crew Chief 23.63 24.81 26.06 27.37 28.18 29.02 29.61 30.19 Naturalist 22.63 23.76 24.96 26.19 26.98 27.80 28.36 28.92 Office Specialist 18.50 19.42 20.40 21.42 22.05 22.71 23.19 23.64 24.09 24.53 Open Space Naturalist 22.86 24.00 25.19 26.47 27.25 28.07 28.63 29.20 Park Maintence Crew Chief 23.05 24.22 25.42 26.67 27.50 28.31 28.88 29.46 Planner 27.64 29.03 30.49 32.00 32.97 33.96 34.64 35.34 Public Works Operations Analyst 26.84 28.18 29.60 31.06 32.00 32.96 33.62 34.29 Receptionist 17.59 18.47 19.40 20.38 20.98 21.61 22.04 22.49 Sanitary Sewer Crew Chief 23.05 24.22 25.42 26.67 27.50 28.31 28.88 29.46 Storm Sewer Crew Chief 23.05 24.22 25.42 26.67 27.50 28.31 28.88 29.46 Street Maintenance Crew Chief 23.05 24.22 25.42 26.67 27.50 28.31 28.88 29.46 Technical Assistant--Police 28.77 30.22 31.73 33.31 34.31 35.35 36.05 36.77 VEM Technician 18.25 19.16 20.12 21.13 21.74 22.40 22.85 23.31 Agenda Item J2 Attachment 1 Packet Page Number 145 of 280 27 APPENDIX B A.F.S.C.M.E. 2014 Salary Ranges (with 2% increase) Step 1 2 3 4 5 6 7 8 Accountant 28.83 30.26 31.78 33.36 34.36 35.40 36.11 36.83 Accounting Technician 21.15 22.21 23.32 24.48 25.20 25.97 26.48 27.02 Administrative Assistant 20.45 21.48 22.54 23.69 24.39 25.12 25.62 26.12 26.62 27.11 Adminstrative Office Coordinator 22.50 23.62 24.81 26.04 26.83 27.64 28.18 28.74 Building Custodian 16.73 17.58 18.46 19.38 19.94 20.56 20.95 21.39 Building Inspector 27.69 29.08 30.53 32.06 33.02 34.01 34.69 35.37 Building Inspector Apprentice 22.15 23.26 24.42 25.64 26.41 27.19 27.75 28.29 Building Maintenance Worker 18.41 19.34 20.28 21.30 21.94 22.61 23.05 23.51 Civil Engineer I 29.33 30.79 32.35 33.96 34.99 36.03 36.75 37.49 Civil Engineer II 32.27 33.89 35.59 37.37 38.49 39.64 40.42 41.24 Clerk 13.55 14.22 14.91 15.67 16.16 16.63 16.95 17.31 Code Enforcement Officer 27.95 29.34 30.81 32.35 33.31 34.32 35.01 35.71 Community Gym Rep 13.56 14.24 14.92 15.68 16.17 16.64 16.96 17.32 CSO 18.68 19.61 20.58 21.61 22.27 22.94 23.38 23.86 Customer Service Associate 9.59 10.09 10.58 11.12 11.44 11.78 12.02 12.27 Customer Service Representative 13.56 14.24 14.92 15.68 16.17 16.64 16.96 17.32 Customer Service Rep, Senior 14.90 15.65 16.43 17.25 17.78 18.30 18.68 19.04 Engineering Technician 22.08 23.21 24.37 25.59 26.36 27.14 27.69 28.22 Engineering Technician, Sr 27.39 28.74 30.19 31.70 32.64 33.63 34.30 34.99 Environmental Health Official 27.95 29.34 30.81 32.35 33.31 34.32 35.01 35.71 Environmental Planner 32.42 34.05 35.75 37.54 38.67 39.82 40.63 41.45 Facility Technician 19.22 20.18 21.19 22.25 22.92 23.59 24.07 24.56 Heavy Equipment Mechanic 21.92 23.01 24.15 25.38 26.13 26.93 27.46 28.02 Lead Custodian 19.22 20.18 21.19 22.25 22.92 23.59 24.07 24.56 Lead Licensing Specialist 23.51 24.68 25.93 27.20 28.05 28.89 29.46 30.05 Lifeguard 10.89 11.45 12.02 12.62 12.99 13.39 13.65 13.92 Maintenance Worker 21.38 22.45 23.57 24.76 25.50 26.25 26.78 27.32 27.78 28.29 Maintenance Trainee 19.43 20.36 Marketing/Public Relations Spec. 25.17 26.43 27.76 29.16 30.02 30.93 31.54 32.17 Mechanic Crew Chief 24.10 25.31 26.58 27.92 28.74 29.60 30.20 30.79 Naturalist 23.08 24.24 25.46 26.71 27.52 28.36 28.93 29.50 Office Specialist 18.87 19.81 20.81 21.85 22.49 23.16 23.65 24.11 24.57 25.02 Open Space Naturalist 23.32 24.48 25.69 27.00 27.80 28.63 29.20 29.78 Park Maintenance Crew Chief 23.51 24.70 25.93 27.20 28.05 28.88 29.46 30.05 Planner 28.19 29.61 31.10 32.64 33.63 34.64 35.33 36.05 Public Works Operations Analyst 27.38 28.74 30.19 31.68 32.64 33.62 34.29 34.98 Receptionist 17.94 18.84 19.79 20.79 21.40 22.04 22.48 22.94 Sanitary Sewer Crew Chief 23.51 24.70 25.93 27.20 28.05 28.88 29.46 30.05 Storm Sewer Crew Chief 23.51 24.70 25.93 27.20 28.05 28.88 29.46 30.05 Street Maintenance Crew Chief 23.51 24.70 25.93 27.20 28.05 28.88 29.46 30.05 Technical Assistant--Police 29.35 30.82 32.36 33.98 35.00 36.06 36.77 37.51 VEM Technician 18.62 19.54 20.52 21.55 22.17 22.85 23.31 23.78 Agenda Item J2 Attachment 1 Packet Page Number 146 of 280 28 APPENDIX C DIFFERENTIAL PAY A. Employees operating the following equipment shall be paid a differential of $1.00 per hour in addition to their regular wage while they operate the following heavy equipment: Motor Patrol Pick-Up Sweeper Oil Distributor Roller (6 ton or over) Traxcavator Bulldozer Backhoe/Loader Snow Wings when in use Vac-All when used as sweeper Aquatech when used as a combination machine Front-End Loader (if operated by an employee over one (1) continuous hour in a given day) Differential pay for leadperson shall be $1.08 per hour. (See Article 31) Differential pay for Lifeguard as Water Safety Instructor or Head Lifeguard shall be $1.00 per hour. Differential pay for Customer Service Representative and Customer Service Associate as Manager on Duty shall be $1.00 per hour. Agenda Item J2 Attachment 1 Packet Page Number 147 of 280 29 APPENDIX D 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 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 Agenda Item J2 Attachment 1 Packet Page Number 148 of 280 30 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 more than two (2) consecutive days. If an employee knows they will be out for more than two (2) 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. 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, t he 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. Agenda Item J2 Attachment 1 Packet Page Number 149 of 280 31 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. Some employees are also eligible for 50% of their sick leave balance when they leave. Eligibility for sick leave as severance varies by group with different maximum payouts depending on the group. For some groups there are different severance pay benefits dependent upon an employee’s start date. Employees who were hired before May 5, 2001, who are now on the annual leave program, will retain their eligibility for sick leave as severance (using the remaining deferred sick leave balance) under the same conditions as were in place before they elected annual leave. For example, if an employee was eligible for 50% of their sick leave balance - up to a cap of fifty (50) days - prior to electing annual leave, they will be eligible for 50% of their deferred sick leave balance up to fifty (50) days when they leave City service. 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 eighty (80) 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 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. Agenda Item J2 Attachment 1 Packet Page Number 150 of 280 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL 4470 – O Fire Officers January 1, 2013 through December 31, 2014 Agenda Item J2 Attachment 2 Packet Page Number 151 of 280 Table of Contents ARTICLE I PURPOSE AND INTENT .............................................................................. 1 ARTICLE II RECOGNITION ........................................................................................... 1 ARTICLE III DEFINITIONS ............................................................................................. 1 ARTICLE IV ASSOCIATION SECURITY ........................................................................ 2 ARTICLE V EMPLOYER AUTHORITY ........................................................................... 3 ARTICLE VI GRIEVANCE PROCEDURE ...................................................................... 3 ARTICLE VII NON-DISCRIMINATION ........................................................................... 5 ARTICLE VIII SENIORITY .............................................................................................. 6 ARTICLE IX ANNUAL LEAVE ........................................................................................ 7 ARTICLE X INSURANCE ............................................................................................... 8 ARTICLE XI CLOTHING AND EQUIPMENT ................................................................ 12 ARTICLE XII HOURS ................................................................................................... 12 ARTICLE XIII HOLIDAYS ............................................................................................. 14 ARTICLE XIV TUITION REIMBURSEMENT ................................................................ 15 ARTICLE XV DISCIPLINE ............................................................................................ 15 ARTICLE XVI WAGES ................................................................................................. 16 ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION .................................. 17 ARTICLE XVIII WORKING OUT OF CLASSIFICATION .............................................. 18 ARTICLE XIX WAIVER AND SAVINGS CLAUSE ........................................................ 18 ARTICLE XX DURATION ............................................................................................ 19 Addendum A ................................................................................................................. 20 Agenda Item J2 Attachment 2 Packet Page Number 152 of 280 1 ARTICLE I PURPOSE AND INTENT This Agreement entered into as of January 1, 2011 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called “EMPLOYER” and /or “City”, and the International Association of Firefighters, Fire Officers, Local 4470-O hereinafter called the “ASSOCIATION” and/or “Union” and/or “Collective Bargaining Group” and/or “Group.” It is the intent and purpose of this agreement 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 agreements interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative, for the following classifications: Fire Captain – EMT Fire Captain – Paramedic 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 Association: International Association of Fire Fighters, Local 4470-O. 3.2 Association Member: A Member in good standing of Local 4470-O, IAFF. 3.3 Bargaining Unit Seniority: Seniority as a Member of this Bargaining Unit. 3.4 Continuous Service: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.5 Days: Unless otherwise indicated, days mean calendar days. 3.6 Emergency Call Back: Immediate return of an employee to perform assigned duties at the express authorization of the EMPLOYER at a time other than regular assigned shift. An extension of, or early report to, a regular assigned shift is not a call back. Agenda Item J2 Attachment 2 Packet Page Number 153 of 280 2 3.7 Employee: A member of the international Association of Fire Fighters, Local 4470, covered by this AGREEMENT. 3.8 Employer: City of Maplewood, Minnesota. 3.9 Job Class Seniority: Employee’s length of continuous service in a job class. 3.10 Layoff: Separation from service with the EMPLOYER, necessitated by lack of work, lack of funds, or other reasons without reference to competence, misconduct, or other behavioral considerations. 3.11 Leave of Absence: An approved absence from work duty during a scheduled work period with or without compensation. 3.12 Meal Break: A period during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available in the event activity would dictate their immediate return to duty. 3.13 Probationary Period: The first twelve (12) months of service of a newly hired or rehired Employee. 3.14 Promotion: A change of an Employee from a position in one job classification to a position in another job classification with higher maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. 3.15 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available and in close proximity, in the event activity would dictate their immediate return to duty. 3.16 Scheduled Shift: A consecutive work period including rest breaks and a meal break. 3.18 Strike: Concerted action in failing to report for duty, the willful absence from one’s position, the stoppage of work, slow-down, 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 or compensation or the rights, privileges or obligations of employment. ARTICLE IV ASSOCIATION SECURITY 4.1 In recognition of the ASSOCIATION as the certified exclusive representative of the listed classifications of personnel specified in 2.1, the EMPLOYER shall deduct from the wages of employees, such a deduction an amount sufficient to provide payment of dues established by the ASSOCIATION. Such monies shall be divided equally between the first and second pay-period of the month and shall be remitted to the appropriate designated Officer of the ASSOCIATION. Dues appeals or challenges may be filed in accordance with State Statute. Agenda Item J2 Attachment 2 Packet Page Number 154 of 280 3 4.2 The ASSOCIATION may designate two employees plus one alternate from the bargaining unit to act as steward and representatives and shall inform the EMPLOYER in writing of such choices within thirty (30) days of such selection. 4.3 The EMPLOYER shall make space available on a bulletin board for posting ASSOCIATION notices and announcements. 4.4 Officers of the ASSOCIATION shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting ASSOCIATION business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the ASSOCIATION shall be allowed leaves of absence without pay, when requested, to fulfill their duties as ASSOCIATION Officers as allowed by State Statute. 4.5 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER in accordance with the provisions of this Article. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all staff, facility 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 perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 The ASSOCIATION agrees that any managerial right not specifically limited by this AGREEMENT shall remain solely within the discretion of the EMPLOYER. 5.3 The ASSOCIATION agrees that during the life of this AGREEMENT that the ASSOCIATION will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE VI GRIEVANCE PROCEDURE 6.1 For purpose of this AGREEMENT, the term “grievance” means any dispute between the EMPLOYER and the Employee(s) concerning the interpretation or application of the specific terms and conditions of this AGREEMENT. Both parties recognize that should a provision of this AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any Employment Rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the ASSOCIATION agree to the following grievance procedure. Each step of the procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. Agenda Item J2 Attachment 2 Packet Page Number 155 of 280 4 6.2 First Step: The Employee, with or without the Steward, shall take up the grievance or dispute with the Employee’s immediate supervisor within twenty one (21) days of the date of the grievance or the Employee’s knowledge of its occurrence. The Supervisor shall attempt to resolve the matter and shall respond to the Employee within ten (10) days. If the immediate supervisor is the Department Head, the grievance procedure shall begin at the second step. 6.3 Second Step: If the grievance is not resolved in the first step, the ASSOCIATION shall present the grievance, in writing, to the Department Head within fourteen (14) days after the Supervisor’s response is due. All grievances shall state the facts upon which they are based, when they occurred, the specific provision(s) of the AGREEMENT allegedly violated, the remedy requested, the avenue through which redress is sought, and shall be signed by an Officer the Local. References to Officer of the Local for the purposes of this Article shall mean; the President, Vice-President or Steward. If such written request is made, the Department Head, or his/her designee, shall meet with the Employee and the Steward within fourteen (14) days after the date of receipt of this request. The Department Head shall give a written answer to the Steward within fourteen (14) days after the meeting. 6.4 Third Step: If the grievance is not resolved in the Second Step, the ASSOCIATION shall notify the City Manager, of their desire to appeal the grievance. Said written appeal must be served upon the City Manager within twenty one (21) days after receipt of the Department Head’s Second Step response. If such request is made, the grievance shall be reviewed at meeting between the City Manager, management staff determined by the City Manager as necessary, Association President, and/or Representative, within fifteen (15) days after receipt by the City Manager of the notice of desire to appeal. A written answer shall be given by the City Manager within fifteen (15) days after the date the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5 Fourth Step: If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the ASSOCIATION may submit the issue in dispute to binding arbitration within fifteen (15) days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The ASSOCIATION will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within fourteen (14) days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 6.6 An arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force or effect of law. The arbitrator shall submit their decision in writing within thirty (30) days following the close of the Agenda Item J2 Attachment 2 Packet Page Number 156 of 280 5 hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 6.7 The fees and expenses for the arbitrator’s service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 6.8 If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the 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 ASSOCIATION may elect to treat the grievance as denied at that step and may appeal the grievance to the next step. The time limit in each step may be extended only by mutual agreement of the EMPLOYER and the ASSOCIATION in each step. 6.9 Should a grievance involve the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. If appealed to the procedure outlined in Step Three a written appeal must be served on the City Manager within ten (10) days after the Employee’s receipt of the notice of suspension, demotion, or discharge. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the Employee’s right to seek redress under this Article. 6.10 It is recognized and accepted by the ASSOCIATION 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 Employee’s duties and responsibilities. The aggrieved Employee and the Steward shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the Employee and the Steward have notified and received the approval of their immediate supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Meetings held during a steward’s non-working hours will not be paid time. ARTICLE VII NON-DISCRIMINATION 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. 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. Agenda Item J2 Attachment 2 Packet Page Number 157 of 280 6 ARTICLE VIII SENIORITY 8.1 Seniority is defined as a regular Employee’s length of continuous service with the EMPLOYER since the Employee’s last hire date. No time shall be deducted from an Employee’s seniority due to approved paid absences, or unpaid absences of less than a full pay period. 8.2 Bargaining Unit Seniority: is defined as the length of continuous service to the Employer within the Bargaining Unit as a full time Employee. Employees with the same hire date shall be given seniority ranking based on the Employees date of birth, with the earliest date receiving a higher ranking. 8.3 An Employee’s Bargaining Unit seniority shall be terminated: a) If the Employee resigns, retires, is permanently transferred outside the Bargaining Unit for longer than six months, or is discharged. b) If, when recalled to work following a layoff, the Employee fails to return to work within twenty-one (21) days after the EMPLOYER sends a written notice of recall by certified mail to the Employees last address on record with the EMPLOYER. c) When an Employee has been laid off for a period in excess of twelve (12) consecutive months. 8.4 When it is necessary to reduce the number of Employees, probationary Employees will be laid off first. The EMPLOYER agrees that, in laying off, it will lay off Employees according to seniority (providing the remaining Employees have the ability, or can be trained, to perform the remaining work). Employees shall be recalled following such layoffs in reverse order of layoff. 8.5 Any former Employee of the City may be rehired only under the condition of a new employee and no seniority or prior service will be given, except as expressly provided by this AGREEMENT. 8.6 All Employees will serve an additional probationary period of six months when promoted to a rank in which the Employee has not served a probationary period. 8.7 Employees will be permitted to voluntarily switch shifts with prior authorization from the Assistant Chief or their designee. The voluntary switching of shifts shall be between the Employees, once approved, and shall not obligate the EMPLOYER to overtime or callback pay. 8.8 Shifts will be bid semi - annually on a seniority basis, only for Employees who have completed their initial probationary period provided the Employer reserves the right, when faced with unexpected or unplanned need, to assign an Employee without regard to seniority if the need of the department requires it. If the EMPLOYER determines that different staffing levels are needed on any shift, shifts may be re-bid as deemed necessary by the EMPLOYER. The Chief will determine the number of each job class to be scheduled on each crew and shift prior to shift bidding. The Fire Chief and the Association President may agree to re-bidding earlier than scheduled if situations occur warranting such modification. Agenda Item J2 Attachment 2 Packet Page Number 158 of 280 7 Employees may select two continuous vacation periods by seniority semi- annually. Any requests for more than two consecutive rotations requires Fire Chief approval. ARTICLE IX ANNUAL LEAVE 9.1 The EMPLOYER shall provide Annual Leave as described in the City of Maplewood Personal Policies with the following exceptions: Employees on a 2912 hours per year annual schedule shall accrue: a. Nine 24 hour annual leave days (216 hours) per year in years one through four of continuous service to the City; and b. Twelve 24 hour annual leave days (288 hours) per year in years five through eleven of continuous service to the City; and c. Fourteen 24 hour annual leave days (336 hours) per year in years twelve through twenty of continuous service to the City; and d. Sixteen 24 hour annual leave days (384 hours) per year in years twenty one and above of continuous service to the City. 9.2 Annual Leave shall not accrue during unpaid leaves. Regular Part-Time Employees shall accrue Annual Leave on a pro-rated basis, based on regular hours worked. Annual Leave will accrue on a pay-period basis for up to 694 for a 2912 hours per year schedule. Employees can carry over up to their full balance as long as the total balance never exceeds the hour cap. No additional accrual will occur above the cap. Employees working schedules other than a 2912 hour schedule shall accrue and bank annual leave on a pro rata basis compared to the 2080 hour per year schedule accrual. {increased or decreased proportionally} 9.4 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 Medical Leave, the Employee may retain a balance of fifty (50) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. 9.5 Annual Leave Conversion – Annual Leave will be eligible for conversion to cash or deferred compensation on a one-for-one basis (subject to IRS maximum deferral regulations) annually subject to the following conditions. Up to 40% of the Annual Leave balance, not to exceed one hundred thirty three (133) 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 190 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the Employee’s currently hourly rate on December 1. 9.6 Benefit eligibility is not affected by shift length. When employees are absent from their scheduled shift, they will use the number of hours of accrued annual leave that equal the numbers of hours absent. Agenda Item J2 Attachment 2 Packet Page Number 159 of 280 8 9.7 Annual leave accrual, use, maximums, and conversion allowances and requirements where they differ from the Personnel Policies, will be pro-rated based on the number of scheduled hours per year. 9.8 Approval of City paid hours in lieu of Annual Leave usage for hours spent at approved training that benefits the City will be reasonably considered by the Fire Chief. ARTICLE X INSURANCE 10.1 Health Insurance – For all full-time employees hired prior to December 31, 2012, 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/Essential 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/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential 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. Agenda Item J2 Attachment 2 Packet Page Number 160 of 280 9 f. The Medica Program provides for an Employee Wellness Program called CorePlus. Employee participation in CorePlus provides a mutual benefit for Employer and Employee in rate cap reduction. A goal of 75% participation in CorePlus is established for 2013. 10.2 For all employees hired 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/Essential 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 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. 2014 Health Care Costs/Contributions 10.3 The City shall match the health insurance rate contribution formulas and HRA contributions defined within this contract for 2013 if 60% of those employees determined to be “active employees” (non COBRA) plus one additional person achieve participation in the Core Plus/ Scorecard program as determined by Medica through November 30, 2013 or substantial progress toward such Agenda Item J2 Attachment 2 Packet Page Number 161 of 280 10 participation is made by the employees as determined by the City1; or, if health care cost increases for the City for any Health Care plan selected by the Labor- Management Health Care Committee, including renewal of Medica Elect/Essential and Medica Choice, do not exceed 4.0%. 10.4 If CorePlus Participation in 2013 fails to meet the 60% plus one person goal for participation and health care cost increases are more than 4.0% and the City determined that employees did not make substantial progress then the following shall apply for 2014 Employee Health Insurance Costs. 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 lowest cost 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 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. All employees shall only be offered the HDHP. 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. ii. $1,750 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. iii. $3,000 annually into a HRA for those employees who elect family coverage. 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. 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. c. For all employees hired after January 1, 2013, the following shall apply i. The employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the 1 In no event shall the City’s determination of what constitutes substantial progress be more restrictive than Medica’s, rather it is anticipated that this will allow the City to be more liberal in making such determination. Additionally, the City will make its determination based on the raw data available to it through Medica, there will be no requirement of any employee to share any protected health information with the City as the City will continue to adhere to HIPPA regulations regarding the protection of personal health information. In making its determination of whether substantial progress has been made, the City will only consider information from the three main categories that are applicable to everyone; specifically the City shall review improvement in the categories of biometric screenings, personal health profiles and 8 health topics and goals. Agenda Item J2 Attachment 2 Packet Page Number 162 of 280 11 cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for the lowest cost 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 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: 1. $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. $1,500 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 $1600.00. ii. $2,200 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 $2300.00. 2. 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. 10.5 Any changes that are presented at renewal will be discussed through the Insurance Labor – Management Committee process. The EMPLOYER shall pay one hundred percent (100%) of the cost of the employee (single) dental insurance premium. These benefits apply to full-time Employees only. 10.6 Life Insurance – The EMPLOYER shall provide a term life insurance policy with a benefit value of thirty five thousand dollars ($35,000) for all full-time Employees. Full-Time employees may purchase additional coverage at the Employee’s own expense under the plan. 10.7 Long-Term Disability Insurance - The EMPLOYER will provide long-term disability insurance with the cost of such being fully paid by the EMPLOYER. Such Long-Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT and with other disability payments. Employees Agenda Item J2 Attachment 2 Packet Page Number 163 of 280 12 are not eligible for Annual Leave Accrual while receiving Long-Term Disability payment except for hours on payroll using accrued leave. In no case will an Employee receive more than 100% of their pre-disability wage while out on disability leave. 10.8 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. 10.9 Retiree Health Savings Account- Effective December 1, 2004 Employees will participate in a Retiree Health Savings Account as defined in Addendum A attached to this AGREEMENT. ARTICLE XI CLOTHING AND EQUIPMENT 11.1 The EMPLOYER will provide each new Employee an initial issue of uniforms and equipment as per the uniform list which shall include: four long sleeve shirts, four short sleeve shirts, four pair pants, one tie, one summer jacket, one winter jacket, belt, station boots, 4 station t-shirts, one stocking hat, badges, name plates and all insignia’s. Thereafter the EMPLOYER will provide each Employee $ 400.00 per year for necessary replacement of uniform items due to normal wear and tear. Clothing and equipment severely damaged in the line of duty will be replaced by the EMPLOYER at no cost to the Employee. ARTICLE XII HOURS 12.1 The standard payroll period for the Fire Department is two weeks. Employees shall normally take Meal Breaks and Rest Breaks during each Scheduled Shift as time and circumstances permit while remaining on continual duty. Such meal and rest periods may be interrupted. 12.2 It is anticipated that further scheduling, hours and shift coverage discussions will have to occur as the needs of the Department change, the parties agree to hold these discussions in good faith. 12.3 Compensation for overtime will not be paid unless the work is performed at the direction, or with the approval of, the Chief or his/her designee. 12.4 EMERGENCY CALLOUT - An Employee called immediately back to work at a time other than the Employee’s normal scheduled shift shall receive a minimum of two (2) hours pay at time and a half. Reporting early for a shift of the extension of a shift shall not qualify for the two-hour minimum. To receive the minimum 2 hours callback pay described in 12.4, Employees must arrive at the station or scene within 20 minutes of the call out and before being cancelled. If an Employee is cancelled prior to arrival at a scene or the station, the Employee will receive two hours of straight time, instead of overtime. Employees arriving later than 20 minutes from the time of the call, but before being cancelled, shall be compensated at the rate of time and one-half for only actual hours worked beginning with time of arrival. Agenda Item J2 Attachment 2 Packet Page Number 164 of 280 13 12.5 SCHEDULED MEDICAL ONCALL - If authorized by the EMPLOYER for scheduled medic on call, employees will receive ¼ hour for each hour authorized to be on call. 12.6 Overtime shall be distributed as equally as practicable and will be calculated to the nearest 15 minutes. Overtime distribution for paramedics will be determined separately from overtime distribution for non-paramedics. Employees have an obligation to work overtime, and to respond to call backs as ordered, unless circumstances prevent them from doing so. 12.7 For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. 12.8 EMERGENCY MEDICAL CALLOUT - Fire Department Paramedics shall be issued two-way communications for the purpose of providing emergency medical support. An Employee approved to respond to the medical emergency will receive a minimum of two hours at time and a half. 12.9 When there is a vacancy or an employee in training, schedule changes will be communicated as soon as practicable. When the Fire Department is fully staffed, any permanent schedule changes affecting days off will be communicated as soon as possible but normally with no less than two weeks notice prior to the change. Notice of adjusted starting times on a scheduled day will normally occur at least 48 hours in advance of the change when the Employer has at least that much notice of the need for a change. Regular shift overtime available due to vacation time requested semi-annually pursuant to Article 8.8 (“Bid Overtime”)will be offered to bargaining unit Employees prior to being offered outside the bargaining unit and so long as minimum staffing levels acceptable to EMPLOYER are maintained with regard to medics required on staff for the shift in question, then the Fire Chief shall also reasonably consider Association Members for coverage of all Captains shifts as well.. Any other vacation or time off that has not been bid through the semi-annual bid process (Non-Bid Overtime”) will be filled at the discretion of the Fire Chief who shall reasonably consider Association Members first for such overtime when possible and so long as minimum staffing levels acceptable to EMPLOYER are maintained with regard to medics required on staff for the shift in question, then the Fire Chief shall also reasonably consider Association Members for coverage of all Captains shifts as well. Any Bid Overtime still remaining available seven days prior to the shift(s) to be so covered shall be offered to any employees in any manner deemed at the sole discretion of the Chief or his designee to be in the best interests of the Fire Department. Paramedic shifts shall only be filled by other paramedics unless otherwise authorized by the Fire Chief, EMT shifts can only filled by other EMT’s unless otherwise authorized by the Fire Chief, When off duty Employees are scheduled to attend a meeting which gets cancelled with less than 24 hours notice, the Employee will receive 2 hours of pay. When at least one week notice is given for regular scheduled meetings, the minimum pay shall be 1 hour rather than 2 hours. Agenda Item J2 Attachment 2 Packet Page Number 165 of 280 14 12.10 The Fire Chief has the authority to change schedules and cancel vacations for previously unscheduled - unanticipated major events, disasters, and emergencies if necessary. ARTICLE XIII HOLIDAYS 13.1 Designated Holidays – Full-Time Employees shall be compensated for holidays if on paid status at the time of any of the following Holidays (prorated based on annual schedule): 1. New Year’s Day January 1st 2. Martin Luther King’s Birthday 3rd Monday in January 3. President’s Day 3rd Monday in February 4. Memorial Day Last Monday in May 5. Independence Day July 4th 6. Labor Day 1st Monday in September 7. Veteran’s Day November 11th 8. Thanksgiving Day 4th Thursday in November 9. Day after Thanksgiving 4th Friday in November 10. Christmas Day December 25th The number of holiday hours for Employees covered by this AGREEMENT who do not work 24 hour shifts will be proportional (based on their annual schedule) to those who work 2080 hours per year. The number of holiday hours for EMPLOYEES covered by the AGREEMENT who do work 24 hour shifts will be 120 hours per year. Personal Holidays – Full-Time Employees who do not work 24 hour shifts shall also receive Personal Holidays, the amount of personal holiday hours will be prorated based on their annual schedule as described above. Full time EMPLOYEES who do work 24 hour shifts shall receive three 24 hour personal holidays per year. The date of such Personal Holiday shall be requested by the Employee and approved by the EMPLOYER. 13.2 Employees who actually work at least half of a shift on either Thanksgiving Day or Christmas Day shall receive double-time for all hours actually worked on these Holidays instead of time and one-half. Those Employees who work on Easter Sunday shall be paid at time and a half for any such hours worked on Easter Sunday. 13.3 If an Employee is not scheduled to work on a holiday and they are eligible for holiday pay, they will receive no more than the hours specified for their annual schedule. If they work an actual holiday, they will receive the prescribed number hours of holiday pay plus time and one-half for all hours worked on the day. If an Employee uses approved leave on a holiday that they were scheduled to work, they will not receive overtime. Time and one-half for working on a holiday, as provided above, shall be for hours worked on the “actual” holiday as opposed to the “observed” holiday. Agenda Item J2 Attachment 2 Packet Page Number 166 of 280 15 ARTICLE XIV TUITION REIMBURSEMENT 14.1 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. 14.2 Employees who receive city-paid paramedic schooling, will reimburse the Employer for books and tuition if they voluntarily leave employment within two (2) years of completion. ARTICLE XV DISCIPLINE 15.1 The EMPLOYER will discipline only for just cause. 15.2 Discipline, when administered, will normally be in one or more of the following forms: A. Oral reprimand B. Written Reprimand C. Suspension D. Discharge or disciplinary demotion 15.3 All disciplinary action shall be in written form with copies placed in the Employee’s personnel file. 15.4 Disciplinary action which is to become part of an Employee’s personnel file shall be read and acknowledged by signature of the Employee. Such signature does not imply an admission of guilt. The ASSOCIATION and the Employee will receive a copy of such disciplinary action and/or notices. 15.5 An Employee who is the subject of an investigation that may result in disciplinary action to that Employee may have a Representative of the ASSOCIATION present during questioning. It will be the responsibility of the Employee to make a request for a Representative and it will be the Employee’s responsibility to have the Representative present during questioning. Questioning will be conducted at reasonable times, to be scheduled by the EMPLOYER. 15.6 Employee personnel files shall be subject to the Minnesota Data Practices Act. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. Agenda Item J2 Attachment 2 Packet Page Number 167 of 280 16 15.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline has occurred within that five-year period. At the request of the Employee, oral reprimands shall be removed from the personnel files after one year provided the Employee has not been involved in progressive disciplinary action. ARTICLE XVI WAGES Employees shall receive a1% increase on January 1 2013, a 1% increase on July 1, 2013 and a 2% increase on January 1, 2014 according to the following schedule: A. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2013 FIRE CAPTAIN / EMT CAPT / PARAMEDIC Entry $ 2,265.38 bi weekly $ 2,369.44 bi weekly After 1 year $ 2,418.53 bi weekly $ 2,530.22 bi weekly After 2 years $ 2,582.23 bi weekly $ 2,701.72 bi weekly After 3 years $ 2,757.45 bi weekly $ 2,888.53 bi weekly After 5 years $ 2,835.46 bi weekly $ 2,967.03 bi weekly After 7 years $ 2,868.70 bi weekly $ 3,001.85 bi weekly After 12 years $ 2,901.96 bi weekly $ 3,036.68 bi weekly After 15 years $ 2,933.95 bi weekly $ 3,070.20 bi weekly After 20 years $ 3,021.97 bi weekly $ 3,162.30 bi weekly B. WAGE SCHEDULE EFFECTIVE JULY 1, 2013 FIRE CAPTAIN / EMT CAPT / PARAMEDIC Entry $2,288.03 bi weekly $2,393.13 bi weekly After 1 year $2,442.71 bi weekly $2,555.52 bi weekly After 2 years $2,608.05 bi weekly $2,728.74 bi weekly After 3 years $2,785.03 bi weekly $2,917.41 bi weekly After 5 years $2,863.82 bi weekly $2,996.70 bi weekly After 7 years $2,897.39 bi weekly $3,031.87 bi weekly After 12 years $2,930.98 bi weekly $3,067.04 bi weekly After 15 years $2,963.29 bi weekly $3,100.90 bi weekly After 20 years $3,052.19 bi weekly $3,193.93 bi weekly Agenda Item J2 Attachment 2 Packet Page Number 168 of 280 17 C. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2014 FIRE CAPTAIN / EMT CAPT / PARAMEDIC Entry $2,343.21 bi weekly $2,450.41 bi weekly After 1 year $2,500.98 bi weekly $2,616.05 bi weekly After 2 years $2,669.62 bi weekly $2,792.73 bi weekly After 3 years $2,850.14 bi weekly $2,985.18 bi weekly After 5 years $2,930.51 bi weekly $3,066.05 bi weekly After 7 years $2,964.75 bi weekly $3,101.92 bi weekly After 12 years $2,999.02 bi weekly $3,137.80 bi weekly After 15 years $3,031.97 bi weekly $3,172.33 bi weekly After 20 years $3,122.65 bi weekly $3,267.22 bi weekly The above rates will be increased by up to one hundred fifty dollars ($150) per month, provided the Employee agrees to match the funds deposited by EMPLOYER and have the funds deposited in an approved deferred compensation plan (pro-rated for regular part-time employees). For Captain/EMTs with at least 10 years of experience, the City shall increase the amount of deferred comp available if matched by the Employee by fifty dollars ($50.00) per month. Fire Captains working while no higher ranking officer is on duty for the shift receive a supplemental payment of approximately $2.00 per hour. The amount of hours worked that are eligible for fire supplemental pay have been averaged pursuant to agreement between the parties and incorporated into the pay scales as stated above. If any changes are negotiated with the Maplewood Firefighters for 2013- 2014 that end up giving the Firefighters an increase in either COLA, market adjustments, holidays or Insurance beyond what has already been agreed to with the Firefighter Captains, then such changes shall also be incorporated into this Agreement ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION 17.1 Leave of absence with pay shall be granted to Employees who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any voluntary off-duty services for which payment is made by a contracting party other than the City. 17.2 Such injury leave shall extend for a maximum of 150 calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the Employee can return to any duties for which the Employee may be capable and qualified. At the discretion of the City Manager, the injured Employee may be required to submit to a medical examination at any time by a physician selected by the City. 17.3 During such injury leave, the EMPLOYER shall pay the Employee’s full regular pay rate, either as direct payment from salary funds or as Worker’s Compensation insurance benefits, or both, but the total amount paid for loss of time from work shall not exceed the full regular rate of pay such Employee would have received for the period. Such injury leave shall not be charged against the Employee’s annual leave. All payments made to the Employee will be reduced Agenda Item J2 Attachment 2 Packet Page Number 169 of 280 18 by the total amount of all other injury related benefits for which the Employee is provided as a result of the injury. The Employee must apply for all benefits for which the Employee is eligible as a result of public employment, as soon as the Employee is eligible. The EMPLOYER reserves the right to refuse injury-on-duty pay if such application is not made. In order to receive injury-on-duty pay, the illness or injury must be eligible under worker’s compensation. 17.4 An Employee who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty-four (24) hours, any injury, however minor, to his/her supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. ARTICLE XVIII WORKING OUT OF CLASSIFICATION An Employee who is assigned at the sole discretion of the EMPLOYER to perform the work duties and accept the full responsibilities of a higher classification for at least one – half of a shift shall receive the starting rate of pay or a minimum of 5% above their normal pay rate for that higher classification for the duration of the assignment. ARTICLE XIX WAIVER AND SAVINGS CLAUSE 19.1 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 the AGREEMENT are hereby superceded. 19.2 The parties acknowledge that during the negotiations that resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understanding arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this AGREEMENT. 19.3 During the term of this AGREEMENT the EMPLOYER and the ASSOCIATION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT. 19.4 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. 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 negotiated at the request of either party. Agenda Item J2 Attachment 2 Packet Page Number 170 of 280 19 ARTICLE XX DURATION 20.1 This AGREEMENT shall be effective on the 1st of January 2013 and shall remain in full force and effect through December 31st, 2014. It shall automatically renew from year to year thereafter unless either party shall notify the other in writing in conformance with the Public Employment Labor Relations Act of 1971, et. Seq., that it desires to modify this AGREEMENT. In the event such written notice is given, and a new contract is not signed before the expiration date of the old contact, said contract is to continue in full force and effect until a new contract is signed. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the _________ day of ________________________, 201__. FOR THE CITY: FOR THE ASSOCIATION: ___________________________ ______________________________ ___________________________ ______________________________ ___________________________ ______________________________ Agenda Item J2 Attachment 2 Packet Page Number 171 of 280 20 Addendum A RHS PLAN FOR FT FIREFIGHTERS 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: 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee’s balance is at least 80 hours at the time of separation from service and the employee is at least age 40. If under 80 hours or under age 40, nothing would go in. 4. 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. Agenda Item J2 Attachment 2 Packet Page Number 172 of 280 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL 4470 January 1, 2013 through December 31, 2014 Agenda Item J2 Attachment 3 Packet Page Number 173 of 280 Table of Contents ARTICLE I: PURPOSE AND INTENT .......................................................................... 1 ARTICLE II RECOGNITION .......................................................................................... 1 ARTICLE III DEFINITIONS ............................................................................................ 1 ARTICLE IV ASSOCIATION SECURITY .................................................................... 3 ARTICLE V EMPLOYER AUTHORITY ....................................................................... 3 ARTICLE VI GRIEVANCE PROCEDURE .................................................................. 4 ARTICLE VII NON-DISCRIMINATION ........................................................................ 6 ARTICLE VIII SENIORITY ............................................................................................. 6 ARTICLE IX ANNUAL LEAVE ...................................................................................... 7 ARTICLE X INSURANCE .............................................................................................. 8 ARTICLE XI CLOTHING AND EQUIPMENT ........................................................... 12 ARTICLE XII HOURS ................................................................................................... 12 ARTICLE XIII HOLIDAYS ............................................................................................ 14 ARTICLE XIV TUITION REIMBURSEMENT ............................................................ 15 ARTICLE XV DISCIPLINE ........................................................................................... 15 ARTICLE XVI WAGES ................................................................................................. 16 ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION ......................... 17 ARTICLE XVIII WORKING OUT OF CLASSIFICATION ....................................... 18 ARTICLE XIX WAIVER AND SAVINGS CLAUSE .................................................. 18 ARTICLE XX DURATION ........................................................................................... 19 Addendum A ................................................................................................................... 20 Addendum B ................................................................................................................... 21 Addendum C ................................................................................................................... 22 Agenda Item J2 Attachment 3 Packet Page Number 174 of 280 1 ARTICLE I: PURPOSE AND INTENT This Agreement entered into as of January 1, 2011 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called “EMPLOYER” and /or “City”, and the International Association of Firefighters Local 4470 hereinafter called the “ASSOCIATION” and/or “Union” and/or “Collective Bargaining Group” and/or “Group.” It is the intent and purpose of this agreement 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 agreements interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative, for All Full-Time Fire Fighters employed by the City of Maplewood, Minnesota who are public employees within the meaning of Minnesota Statutes 179A.04, Subdivision 14, excluding supervisory and confidential employees and Fire Officers who are covered by IAFF Local 4470-O. This includes the following classifications: Fire Fighter – EMT Fire Fighter – Paramedic 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 Association: International Association of Fire Fighters, Local 4470. 3.2 Association Member: A Member in good standing of Local 4470, IAFF. 3.3 Bargaining Unit Seniority: Seniority as a Member of this Bargaining Unit. 3.4 Emergency Call Back: Immediate return of an employee to perform assigned duties at the express authorization of the EMPLOYER at a time other than Agenda Item J2 Attachment 3 Packet Page Number 175 of 280 2 regular assigned shift. An extension of, or early report to, a regular assigned shift is not a call back. 3.5 Continuous Service: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.6 Days: Unless otherwise indicated, days mean calendar days. 3.7 Employee: A member of the international Association of Fire Fighters, Local 4470, covered by this AGREEMENT. 3.8 Employer: City of Maplewood, Minnesota. 3.9 Immediate Supervisor: The Full-Time Fire Captain 3.10 Job Class Seniority: Employee’s length of continuous service in a job class. 3.11 Layoff: Separation from service with the EMPLOYER, necessitated by lack of work, lack of funds, or other reasons without reference to competence, misconduct, or other behavioral considerations. 3.12 Leave of Absence: An approved absence from work duty during a scheduled work period with or without compensation. 3.13 Meal Break: A period during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available in the event activity would dictate their immediate return to duty. 3.14 Probationary Period: The first twelve (12) months of service of a newly hired or rehired Employee. 3.15 Promotion: A change of an Employee from a position in one job classification to a position in another job classification with higher maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. 3.16 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available and in close proximity, in the event activity would dictate their immediate return to duty. 3.17 Scheduled Shift: A consecutive work period including rest breaks and a meal break. 3.18 Strike: Concerted action in failing to report for duty, the willful absence from one’s position, the stoppage of work, slow-down, 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 or compensation or the rights, privileges or obligations of employment. Agenda Item J2 Attachment 3 Packet Page Number 176 of 280 3 ARTICLE IV ASSOCIATION SECURITY 4.1 In recognition of the ASSOCIATION as the certified exclusive representative of the listed classifications of personnel specified in 2.1, the EMPLOYER shall deduct from the wages of employees, such a deduction an amount sufficient to provide payment of dues established by the ASSOCIATION. Such monies shall be divided equally between the first and second pay-period of the month and shall be remitted to the appropriate designated Officer of the ASSOCIATION. Dues appeals or challenges may be filed in accordance with State Statute. 4.2 The ASSOCIATION may designate two employees plus one alternate from the bargaining unit to act as steward and representatives and shall inform the EMPLOYER in writing of such choices within thirty (30) days of such selection. 4.3 The EMPLOYER shall make space available on a bulletin board for posting ASSOCIATION notices and announcements. 4.4 Officers of the ASSOCIATION shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting ASSOCIATION business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the ASSOCIATION shall be allowed leaves of absence without pay, when requested, to fulfill their duties as ASSOCIATION Officers as allowed by State Statute. 4.5 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EEMPLOYER as a result of any action taken or not taken by the EMPLOYER in accordance with the provisions of this Article. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all staff, facility 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 perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 The ASSOCIATION agrees that any managerial right not specifically limited by this AGREEMENT shall remain solely within the discretion of the EMPLOYER. 5.3 The ASSOCIATION agrees that during the life of this AGREEMENT that the ASSOCIATION will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the EMPLOYER. Agenda Item J2 Attachment 3 Packet Page Number 177 of 280 4 ARTICLE VI GRIEVANCE PROCEDURE 6.1 For purpose of this AGREEMENT, the term “grievance” means any dispute between the EMPLOYER and the Employee(s) concerning the interpretation of application of the specific terms and conditions of this AGREEMENT. Both parties recognize that should a provision of this AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any Employment Rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the ASSOCIATION agree to the following grievance procedure. Each step of the procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 6.2 First Step: The Employee, with or without the Steward, shall take up the grievance or dispute with the Employee’s immediate supervisor within twenty one (21) days of the date of the grievance or the Employee’s knowledge of its occurrence. The Supervisor shall attempt to resolve the matter and shall respond to the Employee within ten (10) days. 6.3 Second Step: If the grievance is not resolved in the first step, the ASSOCIATION shall present the grievance, in writing, to the Department Head within fourteen (14) days after the Supervisor’s response is due. All grievances shall state the facts upon which they are based, when they occurred, the specific provision(s) of the AGREEMENT allegedly violated, the remedy requested, the avenue through which redress is sought, and shall be signed by an Officer the Local. References to Officer of the Local for the purposes of this Article shall mean; the President, Vice-President or Steward. If such written request is made, the Department Head, or his/her designee, shall meet with the Employee and the Steward within fourteen (14) days after the date of receipt of this request. The Department Head shall give a written answer to the Steward within fourteen (14) days after the meeting. 6.4 Third Step: If the grievance is not resolved in the Second Step, the ASSOCIATION shall notify the City Manager, of their desire to appeal the grievance. Said written appeal must be served upon the City Manager within twenty one (21) days after receipt of the Department Head’s Second Step response. If such request is made, the grievance shall be reviewed at meeting between the City Manager, management staff determined by the City Manager as necessary, Association President, and/or Representative, within fifteen (15) days after receipt by the City Manager of the notice of desire to appeal. A written answer shall be given by the City Manager within fifteen (15) days after the date the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5 Fourth Step: If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the ASSOCIATION may submit the issue in dispute to binding arbitration within fifteen (15) days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The ASSOCIATION will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within fourteen (14) days after receipt of such list, select the arbitrator by striking alternately one Agenda Item J2 Attachment 3 Packet Page Number 178 of 280 5 name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 6.6 An arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force or effect of law. The arbitrator shall submit their decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 6.7 The fees and expenses for the arbitrator’s service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 6.8 If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the 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 ASSOCIATION may elect to treat the grievance as denied at that step and may appeal the grievance to the next step. The time limit in each step may be extended only by mutual agreement of the EMPLOYER and the ASSOCIATION in each step. 6.9 Should a grievance involve the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. If appealed to the procedure outlined in Step Three a written appeal must be served on the City Manager within ten (10) days after the Employee’s receipt of the notice of suspension, demotion, or discharge. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the Employee’s right to seek redress under this Article. 6.10 It is recognized and accepted by the ASSOCIATION 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 Employee’s duties and responsibilities. The aggrieved Employee and the Steward shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the Employee and the Steward have notified and received the approval of their immediate supervisor who has determined that such absence is reasonable and Agenda Item J2 Attachment 3 Packet Page Number 179 of 280 6 would not be detrimental to the work programs of the EMPLOYER. Meetings held during a steward’s non-working hours will not be paid time. ARTICLE VII NON-DISCRIMINATION 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. 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 VIII SENIORITY 8.1 Seniority is defined as a regular Employee’s length of continuous service with the EMPLOYER since the Employee’s last hire date. No time shall be deducted from an Employee’s seniority due to approved paid absences, or unpaid absences of less than a full pay period. 8.2 Bargaining Unit Seniority: is defined as the length of continuous service to the Employer within the Bargaining Unit as a full time Employee. Employees with the same hire date shall be given seniority ranking based on the Employees date of birth, with the earliest date receiving a higher ranking. 8.3 An Employee’s Bargaining Unit seniority shall be terminated: a) If the Employee resigns, retires, is permanently transferred outside the Bargaining Unit for longer than six months, or is discharged. b) If, when recalled to work following a layoff, the Employee fails to return to work within twenty-one (21) days after the EMPLOYER sends a written notice of recall by certified mail to the Employees last address on record with the EMPLOYER. c) When an Employee has been laid off for a period in excess of twelve (12) consecutive months. 8.4 When it is necessary to reduce the number of Employees, probationary Employees will be laid off first. The EMPLOYER agrees that, in laying off, it will lay off Employees according to seniority (providing the remaining Employees have the ability, or can be trained, to perform the remaining work). Employees shall be recalled following such layoffs in reverse order of layoff. 8.5 Any former Employee of the City may be rehired only under the condition of a new employee and no seniority or prior service will be given, except as expressly provided by this AGREEMENT. 8.6 All Employees will serve an additional probationary period of six months when promoted to a rank in which the Employee has not served a probationary period. Agenda Item J2 Attachment 3 Packet Page Number 180 of 280 7 8.7 Employees will be permitted to voluntarily switch shifts with prior authorization from the Assistant Chief or their designee. The voluntary switching of shifts shall be between the Employees, once approved, and shall not obligate the EMPLOYER to overtime or callback pay. 8.8 Shifts will be bid annually on a seniority basis, only for Employees who have completed their initial probationary period provided the Employer reserves the right, when faced with unexpected or unplanned need, to assign an Employee without regard to seniority if the need of the department requires it. If the EMPLOYER determines that different staffing levels are needed on any shift, shifts may be re-bid as deemed necessary by the EMPLOYER. The Chief will determine the number of each job class to be scheduled on each crew and shift prior to shift bidding. The Fire Chief and the Association President may agree to re-bidding earlier than scheduled if situations occur warranting such modification. Employees may select two continuous vacation periods by seniority semi- annually. Any requests for more than two consecutive rotations requires Fire Chief approval ARTICLE IX ANNUAL LEAVE 9.1 The EMPLOYER shall provide Annual Leave as described in the City of Maplewood Personal Policies with the following exceptions: Employees on a 2912 hours per year annual schedule shall accrue: a. Nine 24 hour annual leave days (216 hours) per year in years one through four of continuous service to the City; and b. Twelve 24 hour annual leave days (288 hours) per year in years five through eleven of continuous service to the City; and c. Fourteen 24 hour annual leave days (336 hours) per year in years twelve through twenty of continuous service to the City; and d. Sixteen 24 hour annual leave days (384 hours) per year in years twenty one and above of continuous service to the City. 9.2 Annual Leave shall not accrue during unpaid leaves. Regular Part-Time Employees shall accrue Annual Leave on a pro-rated basis, based on regular hours worked. Annual Leave will accrue on a pay-period basis for up to 694 for a 2912 hours per year schedule. Employees can carry over up to their full balance as long as the total balance never exceeds the hour cap. No additional accrual will occur above the cap. Employees working schedules other than a 2912 hour schedule shall accrue and bank annual leave on a pro rata basis compared to the 2080 hour per year schedule accrual. {increased or decreased proportionally} 9.4 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 Medical Leave, the Employee may retain a balance of fifty (50) hours when going Agenda Item J2 Attachment 3 Packet Page Number 181 of 280 8 on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. 9.5 Annual Leave Conversion – Annual Leave will be eligible for conversion to cash or deferred compensation on a one-for-one basis (subject to IRS maximum deferral regulations) annually subject to the following conditions. Up to 40% of the Annual Leave balance, not to exceed one hundred thirty three (133) 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 190 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the Employee’s currently hourly rate on December 1. 9.6 Benefit eligibility is not affected by shift length. When employees are absent from their scheduled shift, they will use the number of hours of accrued annual leave that equal the numbers of hours absent. 9.7 Annual leave accrual, use, maximums, and conversion allowances and requirements where they differ from the Personnel Policies, will be pro-rated based on the number of scheduled hours per year. 9.8 Approval of City paid hours in lieu of Annual Leave usage for hours spent at approved training that benefits the City will be reasonably considered by the Fire Chief. ARTICLE X INSURANCE 10.1 For all full-time employees hired prior to December 31, 2012, 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/Essential 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/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential 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 Agenda Item J2 Attachment 3 Packet Page Number 182 of 280 9 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. f. The Medica Program provides for an Employee Wellness Program called CorePlus. Employee participation in CorePlus provides a mutual benefit for Employer and Employee in rate cap reduction. A goal of 75% participation in CorePlus is established for 2013. 10.2 For all employees hired 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/Essential 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 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. Agenda Item J2 Attachment 3 Packet Page Number 183 of 280 10 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. 2014 Health Care Costs/Contributions 10.3 The City shall match the health insurance rate contribution formulas and HRA contributions defined within this contract for 2013 if 60% of those employees determined to be “active employees” (non COBRA) plus one additional person achieve participation in the Core Plus/ Scorecard program as determined by Medica through November 30, 2013 or substantial progress toward such participation is made by the employees as determined by the City1; or, if health care cost increases for the City for any Health Care plan selected by the Labor- Management Health Care Committee, including renewal of Medica Elect/Essential and Medica Choice, do not exceed 4.0%. 10.4 If CorePlus Participation in 2013 fails to meet the 60% plus one person goal for participation and health care cost increases are more than 4.0% and the City determined that employees did not make substantial progress then the following shall apply for 2014 Employee Health Insurance Costs. 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 lowest cost 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 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. All employees shall only be offered the HDHP. 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 In no event shall the City’s determination of what constitutes substantial progress be more restrictive than Medica’s, rather it is anticipated that this will allow the City to be more liberal in making such determination. Additionally, the City will make its determination based on the raw data available to it through Medica, there will be no requirement of any employee to share any protected health information with the City as the City will continue to adhere to HIPPA regulations regarding the protection of personal health information. In making its determination of whether substantial progress has been made, the City will only consider information from the three main categories that are applicable to everyone; specifically the City shall review improvement in the categories of biometric screenings, personal health profiles and 8 health topics and goals. Agenda Item J2 Attachment 3 Packet Page Number 184 of 280 11 ii. $1,750 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. iii. $3,000 annually into a HRA for those employees who elect family coverage. a. 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. 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. b. For all employees hired after January 1, 2013, the following shall apply i. 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 lowest cost 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 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: 1. $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. $1,500 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 $1600.00. ii. $2,200 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 $2300.00. 1. 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. Agenda Item J2 Attachment 3 Packet Page Number 185 of 280 12 10.5 Any changes that are presented at renewal will be discussed through the Insurance Labor – Management Committee process. The EMPLOYER shall pay one hundred percent (100%) of the cost of the employee (single) dental insurance premium. These benefits apply to full-time Employees only. 10.6 Life Insurance – The EMPLOYER shall provide a term life insurance policy with a benefit value of thirty five thousand dollars ($35,000) for all full-time Employees. Full-Time employees may purchase additional coverage at the Employee’s own expense under the plan. 10.7 Long-Term Disability Insurance - The EMPLOYER will provide long-term disability insurance with the cost of such being fully paid by the EMPLOYER. Such Long-Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT and with other disability payments. Employees are not eligible for Annual Leave Accrual while receiving Long-Term Disability payment except for hours on payroll using accrued leave. In no case will an Employee receive more than 100% of their pre-disability wage while out on disability leave. 10.8 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. 10.9 Retiree Health Savings Account - Effective December 1, 2004 Employees will participate in a Retiree Health Savings Account as defined in Addendum A attached to this AGREEMENT. ARTICLE XI CLOTHING AND EQUIPMENT 11.1 The EMPLOYER will provide each new Employee an initial issue of uniforms and equipment as per Addendum C. Thereafter the EMPLOYER will provide each Employee $ 400.00 per year for necessary replacement of uniform items due to normal wear and tear. Clothing and equipment severely damaged in the line of duty will be replaced by the EMPLOYER at no cost to the Employee. With approval of the Fire Chief, additional items not on the approved list may be considered. A list of uniform allowance items is included in Addendum B. ARTICLE XII HOURS 12.1 The standard payroll period for the Fire Department is two weeks. Employees shall normally take Meal Breaks and Rest Breaks during each Scheduled Shift as time and circumstances permit while remaining on continual duty. Such meal and rest periods may be interrupted. 12.2 It is anticipated that further scheduling, hours and shift coverage discussions will have to occur as the needs of the Department change, the parties agree to hold these discussions in good faith. Agenda Item J2 Attachment 3 Packet Page Number 186 of 280 13 12.3 Compensation for overtime will not be paid unless the work is performed at the direction, or with the approval of, the Chief or his/her designee. 12.4 EMERGENCY CALLOUT - An Employee called immediately back to work at a time other than the Employee’s normal scheduled shift shall receive a minimum of two (2) hours pay at time and a half. Reporting early for a shift of the extension of a shift shall not qualify for the two-hour minimum. To receive the minimum 2 hours callback pay described in 12.4, Employees must arrive at the station or scene within 20 minutes of the call out and before being cancelled. If an Employee is cancelled prior to arrival at a scene or the station, the Employee will receive two hours of straight time, instead of overtime. Employees arriving later than 20 minutes from the time of the call, but before being cancelled, shall be compensated at the rate of time and one-half for only actual hours worked beginning with time of arrival. 12.5 SCHEDULED MEDICAL ONCALL - If authorized by the EMPLOYER for scheduled medic on call, employees will receive ¼ hour for each hour authorized to be on call. 12.6 Overtime shall be distributed as equally as practicable and will be calculated to the nearest 15 minutes. Overtime distribution for paramedics will be determined separately from overtime distribution for non-paramedics. Employees have an obligation to work overtime, and to respond to call backs as ordered, unless circumstances prevent them from doing so. 12.7 For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. 12.8 EMERGENCY MEDICAL CALLOUT - Fire Department Paramedics shall be issued two-way communications for the purpose of providing emergency medical support. An Employee approved to respond to the medical emergency will receive a minimum of two hours at time and a half. 12.9 When there is a vacancy or an employee in training, schedule changes will be communicated as soon as practicable. When the Fire Department is fully staffed, any permanent schedule changes affecting days off will be communicated as soon as possible but normally with no less than two weeks notice prior to the change. Notice of adjusted starting times on a scheduled day will normally occur at least 48 hours in advance of the change when the Employer has at least that much notice of the need for a change. Regular shift overtime available due to vacation time requested semi-annually pursuant to Article 8.8 (“Bid Overtime”)will be offered to bargaining unit Employees prior to being offered outside the bargaining unit. Any other vacation or time off that has not been bid through the semi-annual bid process (Non-Bid Overtime”) will be filled at the discretion of the Fire Chief who shall reasonably consider Association Members first for such overtime when possible. Any Bid Overtime still remaining available seven days prior to the shift(s) to be so covered shall be offered to any employees in any manner deemed at the sole discretion of the Chief or his designee to be in the best interests of the Fire Department. Paramedic shifts shall only be filled by Agenda Item J2 Attachment 3 Packet Page Number 187 of 280 14 other paramedics unless otherwise authorized by the Fire Chief, EMT shifts can only filled by other EMT’s unless otherwise authorized by the Fire Chief, When off duty Employees are scheduled to attend a meeting which gets cancelled with less than 24 hours notice, the Employee will receive 2 hours of pay. When at least one week notice is given for regular scheduled meetings, the minimum pay shall be 1 hour rather than 2 hours. 12.10 The Fire Chief has the authority to change schedules and cancel vacations for previously unscheduled - unanticipated major events, disasters, and emergencies if necessary. ARTICLE XIII HOLIDAYS 13.1 Designated Holidays – Full-Time Employees shall be compensated for holidays if on paid status at the time of any of the following Holidays (prorated based on annual schedule): 1. New Year’s Day January 1st 2. Martin Luther King’s Birthday 3rd Monday in January 3. President’s Day 3rd Monday in February 4. Memorial Day Last Monday in May 5. Independence Day July 4th 6. Labor Day 1st Monday in September 7. Veteran’s Day November 11th 8. Thanksgiving Day 4th Thursday in November 9. Day after Thanksgiving 4th Friday in November 10. Christmas Day December 25th The number of holiday hours for Employees covered by this AGREEMENT will be 120 hours per year. Personal Holidays – Full-Time Employees shall also receive three 24 hour Personal Holidays. The date of such Personal Holiday shall be requested by the Employee and approved by the EMPLOYER. 13.2 Employees who actually work at least half of a shift on either Thanksgiving Day or Christmas Day shall receive double-time for all hours actually worked on these Holidays instead of time and one-half. Those Employees who work on Easter Sunday shall be paid at time and a half for any such hours worked on Easter Sunday. 13.3 If an Employee is not scheduled to work on a holiday and they are eligible for holiday pay, they will receive no more than the hours specified for their annual schedule. If they work an actual holiday, they will receive the prescribed number hours of holiday pay plus time and one-half for all hours worked on the day. If an Employee uses approved leave on a holiday that they were scheduled to work, they will not receive overtime. Agenda Item J2 Attachment 3 Packet Page Number 188 of 280 15 Time and one-half for working on a holiday, as provided above, shall be for hours worked on the “actual” holiday as opposed to the “observed” holiday. ARTICLE XIV TUITION REIMBURSEMENT 14.1 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. 14.2 Employees who receive city-paid paramedic schooling, will reimburse the Employer for books and tuition if they voluntarily leave employment within two (2) years of completion. ARTICLE XV DISCIPLINE 15.1 The EMPLOYER will discipline only for just cause. 15.2 Discipline, when administered, will normally be in one or more of the following forms: A. Oral reprimand B. Written Reprimand C. Suspension D. Discharge or disciplinary demotion 15.3 All disciplinary action shall be in written form with copies placed in the Employee’s personnel file. 15.4 Disciplinary action which is to become part of an Employee’s personnel file shall be read and acknowledged by signature of the Employee. Such signature does not imply an admission of guilt. The ASSOCIATION and the Employee will receive a copy of such disciplinary action and/or notices. 15.5 An Employee who is the subject of an investigation that may result in disciplinary action to that Employee may have a Representative of the ASSOCIATION present during questioning. It will be the responsibility of the Employee to make a request for a Representative and it will be the Employee’s responsibility to have the Representative present during questioning. Questioning will be conducted at reasonable times, to be scheduled by the EMPLOYER. Agenda Item J2 Attachment 3 Packet Page Number 189 of 280 16 15.6 Employee personnel files shall be subject to the Minnesota Data Practices Act. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 15.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline has occurred within that five-year period. At the request of the Employee, oral reprimands shall be removed from the personnel files after one year provided the Employee has not been involved in progressive disciplinary action. ARTICLE XVI WAGES Employees shall receive a 1% increase on January 1, 2013 and a 1% increase on July 1, 2013 and a 2% increase for 2014 and be compensated according to the following schedule: A. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2013 FF/PARAMEDIC Entry $ 2,108.72 After 1 year $ 2,254.87 After 2 years $ 2,410.82 After 3 years $ 2,577.67 After 5 years $ 2,651.97 After 7 years $ 2,683.63 After 12 years $ 2,715.30 After 15 years $2,745.75 After 20 years $ 2,828.13 B. WAGE SCHEDULE EFFECTIVE JULY 1, 2013 FF/PARAMEDIC Entry $ 2,129.80 After 1 year $ 2,277.42 After 2 years $ 2,434.93 After 3 years $ 2,603.45 After 5 years $ 2,678.49 After 7 years $ 2,710.47 After 12 years $2,742.46 After 15 years $ 2,773.21 After 20 years $ 2,856.41 Agenda Item J2 Attachment 3 Packet Page Number 190 of 280 17 C. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2014 FF/PARAMEDIC Entry $ 2,181.82 After 1 year $ 2,332.39 After 2 years $ 2,493.04 After 3 years $ 2,664.93 After 5 years $ 2,741.47 After 7 years $ 2,774.09 After 12 years $2,806.72 After 15 years $ 2,838.09 After 20 years $ 2,922.95 The above rates will be increased by up to one hundred fifty dollars ($150) per month, provided the Employee agrees to match the funds deposited by EMPLOYER and to have the funds deposited in an approved deferred compensation plan (pro-rated for regular part-time employees). The EMPLOYER reserves the right to start new Employees who are experienced firefighters or paramedics at any rate up to and including the “after 2 years” step. ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION 17.1 Leave of absence with pay shall be granted to Employees who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any voluntary off-duty services for which payment is made by a contracting party other than the City. 17.2 Such injury leave shall extend for a maximum of 150 calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the Employee can return to any duties for which the Employee may be capable and qualified. At the discretion of the City Manager, the injured Employee may be required to submit to a medical examination at any time by a physician selected by the City. 17.3 During such injury leave, the EMPLOYER shall pay the Employee’s full regular pay rate, either as direct payment from salary funds or as Worker’s Compensation insurance benefits, or both, but the total amount paid for loss of time from work shall not exceed the full regular rate of pay such Employee would have received for the period. Such injury leave shall not be charged against the Employee’s annual leave. All payments made to the Employee will be reduced by the total amount of all other injury related benefits for which the Employee is provided as a result of the injury. The Employee must apply for all benefits for Agenda Item J2 Attachment 3 Packet Page Number 191 of 280 18 which the Employee is eligible as a result of public employment, as soon as the Employee is eligible. The EMPLOYER reserves the right to refuse injury-on-duty pay if such application is not made. In order to receive injury-on-duty pay, the illness or injury must be eligible under worker’s compensation. 17.4 An Employee who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty-four (24) hours, any injury, however minor, to his/her supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. ARTICLE XVIII WORKING OUT OF CLASSIFICATION An Employee who is assigned at the sole discretion of the EMPLOYER to perform the work duties and accept the full responsibilities of a higher classification for at least one – half of a shift shall receive an additional $1.40 per hour for hours worked for the duration of the assignment. ARTICLE XIX WAIVER AND SAVINGS CLAUSE 19.1 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 the AGREEMENT are hereby superceded. 19.2 The parties acknowledge that during the negotiations that resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understanding arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this AGREEMENT. 19.3 During the term of this AGREEMENT the EMPLOYER and the ASSOCIATION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT. 19.4 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. 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 negotiated at the request of either party. Agenda Item J2 Attachment 3 Packet Page Number 192 of 280 19 ARTICLE XX DURATION 20.1 This AGREEMENT shall be effective on the 1st of January 2013 and shall remain in full force and effect through December 31st, 2014. It shall automatically renew from year to year thereafter unless either party shall notify the other in writing in conformance with the Public Employment Labor Relations Act of 1971, et. Seq. that it desires to modify this AGREEMENT. In the event such written notice is given, and a new contract is not signed before the expiration date of the old contact, said contract is to continue in full force and effect until a new contract is signed. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the _________ day of ________________________, 20__. FOR THE CITY: FOR THE ASSOCIATION: ___________________________ ______________________________ ___________________________ ______________________________ ___________________________ ______________________________ Agenda Item J2 Attachment 3 Packet Page Number 193 of 280 20 Addendum A RHS PLAN FOR FT FIREFIGHTERS 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: 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee’s balance is at least 80 hours at the time of separation from service and the employee is at least age 40. If under 80 hours or under age 40, nothing would go in. 4. 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. Agenda Item J2 Attachment 3 Packet Page Number 194 of 280 21 Addendum B List For Uniform Allowance Updated for the 2013-2014 Contract Uniform Pants Hats (winter and summer) Uniform Shirts Watch* Uniform Socks Small Flashlight (like police)* Uniform Footwear Flashlight Holder Uniform Jackets Linens for Bed (examples below) Uniform Pullovers Sheets Uniform T-Shirts Blankets Uniform Jumpsuit Comforter Uniform Belt Sleeping Bag Uniform Tie Pillow case Pillow Workout Shirts Workout Shorts Badges Workout Pants Par Tags Workout Socks Patches Workout Shoes Under Apparel (i.e. Under Armor) * Under apparel includes Aspen Mills inventory * Steve will determine at what cost the city will replace the small flashlight * Watches are covered to a $30 maximum * Workout shoes will be covered to a $75 maximum Agenda Item J2 Attachment 3 Packet Page Number 195 of 280 22 Addendum C Initial Uniform Issuance Updated for the 2013-14 Contract Item Quantity Item Quantity Long Sleeve Shirt 4 Turnout Coat 1 Short Sleeve Shirt 4 Turnout Pants 1 Pants 4 Suspenders 1 Tie 1 Helmet 1 Summer Jacket 1 Helmet Front 1 Winter Jacket 1 Helmet Shield 1 Belt 1 Turnout Boots 1 Station Boots 1 Nomex Hood 1 Station T-Shirt 4 Firefighting Gloves 1 Stocking Hat 1 SCBA Mask 1 Badge 2 Ear Protection 1 Name Plate 2 Flashlight (Fire) 1 All Applicable Insignia N/A Yellow Rain Coat 1 Agenda Item J2 Attachment 3 Packet Page Number 196 of 280 LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD AND LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 173) SERGEANTS January 1, 2013 - December 31, 2014 Agenda Item J2 Attachment 4 Packet Page Number 197 of 280 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ................................................................................................... 1 ARTICLE 2: RECOGNITION ......................................................................................................................... 1 ARTICLE 3: DEFINITIONS ........................................................................................................................... 1 ARTICLE 4: EMPLOYER SECURITY ........................................................................................................... 2 ARTICLE 5: EMPLOYER AUTHORITY ........................................................................................................ 2 ARTICLE 6: UNION SECURITY ................................................................................................................... 2 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................................................... 2 ARTICLE 8: SAVINGS CLAUSE ................................................................................................................... 4 ARTICLE 9: SENIORITY ............................................................................................................................... 5 ARTICLE 10: DISCIPLINE ............................................................................................................................ 5 ARTICLE 11: CONSTITUTIONAL PROTECTION ........................................................................................ 6 ARTICLE 12: WORK SCHEDULES .............................................................................................................. 6 ARTICLE 13: OVERTIME ............................................................................................................................. 6 ARTICLE 14: COURT TIME .......................................................................................................................... 6 ARTICLE 15: CALLBACK TIME .................................................................................................................... 7 ARTICLE 16: VACATIONS/ANNUAL LEAVE ............................................................................................... 7 ARTICLE 17: HOLIDAYS .............................................................................................................................. 8 ARTICLE 18: SICK LEAVE ........................................................................................................................... 8 ARTICLE 19: SEVERANCE PAY .................................................................................................................. 9 ARTICLE 20: FUNERAL LEAVE ................................................................................................................... 9 ARTICLE 21: INJURY ON DUTY ................................................................................................................ 10 ARTICLE 22: INSURANCE ......................................................................................................................... 10 ARTICLE 23: STANDBY PAY ..................................................................................................................... 13 ARTICLE 24: UNIFORMS ........................................................................................................................... 13 ARTICLE 25: LONGEVITY AND EDUCATIONAL INCENTIVE .................................................................. 14 ARTICLE 26: FALSE ARREST ................................................................................................................... 14 ARTICLE 27: WAIVER ................................................................................................................................ 15 ARTICLE 28: DURATION ........................................................................................................................... 16 APPENDIX A ............................................................................................................................................... 17 Agenda Item J2 Attachment 4 Packet Page Number 198 of 280 1 ARTICLE 1: PURPOSE OF AGREEMENT This Agreement is entered into between the City of Maplewood, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement’s interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2: RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under state law for all police personnel in the following job classifications: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 UNION: Law Enforcement Labor Services Inc. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services Inc. (Local 173). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Maplewood Police Department. 3.5 EMPLOYER: The City of Maplewood. 3.6 CHIEF: The Chief of the Maplewood Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services Inc., (Local 173). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, Agenda Item J2 Attachment 4 Packet Page Number 199 of 280 2 influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4: EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in, or support any strike, slow-down, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5: EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structures; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate except for those terms that are mandatory subjects of bargaining. ARTICLE 6: UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 6.5 The Employer agrees not to enter into any additional agreements with Employees, individually or collectively concerning any terms or conditions of employment as defined by M.S. 179A.03, Subd. 19. ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives - The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union representatives and/or their successors when so designated as provided by 6.2 of this Agreement shall be the sole representative of the Union. Agenda Item J2 Attachment 4 Packet Page Number 200 of 280 3 7.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a 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 that 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. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1. An Employee claiming a violation concerning the interpretation of application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee’s supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated representative. The Employer- designated representative shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed in Step 3 within ten (10) calendar days following the Employer-designated representative’s final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer- designated representative shall give the Union the Employer’s answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 4 of the grievance procedure. Any grievance not appealed in writing to step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Agenda Item J2 Attachment 4 Packet Page Number 201 of 280 4 Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Medication Services. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decisions shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not responded to within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. 7.7 Choice of Remedy - If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article 7 or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7. ARTICLE 8: SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. 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 provisions shall be voided. All other provisions of this Agenda Item J2 Attachment 4 Packet Page Number 202 of 280 5 Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9: SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment as a Sergeant with the Police Department and posted in an appropriate location. 9.2 During the probationary period a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned Employee may be returned to their previous position at the sole discretion of the Employer 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Employees on layoff shall have an opportunity to return to work within two years of the time of their layoff before any new employee is hired or promoted. 9.4 Patrol Shift selection shall be based upon seniority. 9.5 Employees may select two (2) continuous vacation periods by seniority in the fall for the following calendar year. The first choice shall be selected from a posting posted by November 2nd. Such selection shall be completed by November 30th. The second choice shall be selected from a posting posted by December 1st. Such selection shall be completed by December 31st. There shall be no second choice bids until first choice bids have been completed. Employees shall bid in a timely manner. A timely manner is defined as a maximum of two of the employee’s working days after becoming eligible to bid. After December 31st, vacations shall be bid on a first-come, first-served basis. ARTICLE 10: DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions, and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge, which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. 10.6 Grievances relating to suspensions, demotions or terminations shall be initiated by the union in Step 3 of the grievance procedure under Article 7. Agenda Item J2 Attachment 4 Packet Page Number 203 of 280 6 10.7 The Employer will remove old disciplinary letters after five (5) years if no further discipline, above that of a verbal reprimand, has occurred within that five-year period. ARTICLE 11: CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE 12: WORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each Employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. 12.4 Employees may voluntarily switch shifts with their Supervisor’s approval. Voluntary switching of shifts shall not obligate the Employer for overtime pay. ARTICLE 13: OVERTIME 13.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the Employee from so working. ARTICLE 14: COURT TIME An Employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of four (4) hours pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the Employee for the four (4) hour minimum. If employees have received notice from EMPLOYER of a specific date and time to appear in court on behalf of EMPLOYER during their scheduled off duty time, and EMPLOYER (specifically a prosecuting body) cancels said Agenda Item J2 Attachment 4 Packet Page Number 204 of 280 7 appearance with less than 36 hours notice from the time and date of such requested appearance, then employee shall receive reimbursement equivalent to the Court Time pay as provided herein, for such cancellation, upon notation on the timesheet of the employee requesting such reimbursement. Such reimbursement shall not apply to cancellation if employee has been called for multiple hearings on the same day, unless all such hearings were cancelled. In such event that multiple hearings were noticed for the same day and all were cancelled less than thirty six (36) hours prior to such hearings, then employee is still only eligible for one 4 hour reimbursement as provided above. ARTICLE 15: CALLBACK TIME An Employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the two (2) hour minimum. Paramedics called back for medical calls will receive a minimum of two (2) hours at time and one-half pay for the first call back in a designated on-call period. Thereafter, any medical call back in the same on-call period will be paid for at a minimum of one hour at a time and one-half for each call back. ARTICLE 16: VACATIONS/ANNUAL LEAVE 16.1 Full-time employees who are who are not accruing annual leave shall earn 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 21 years and thereafter 25 working days per year 16.2 Employees shall be allowed to carry over a maximum of one and one-half (1-1/2) times their annual earning rate into any succeeding year. 16.3 On December 1st of each year, employees who are at the 15 day vacation accrual rate or higher, with a minimum balance of 80 hours, shall be eligible to convert up to 40 hours of unused vacation time to deferred compensation. Conversion will be at the Employers current hourly rate as of 12-01 and will be on the basis of one hour of vacation for one hour of deferred compensation pay. Actual conversion will take place in the second payroll of the following year. 16.4 The Employer and Union agree to incorporate the Annual Leave Program as adopted by the City on May 5, 2001, and as amended on September 23, 2002. Articles 16.1 through 16.3 do not apply to employees who select the Annual Leave Program. Full-time employees who are on the annual leave benefit plan shall earn annual leave as per the following schedule: Agenda Item J2 Attachment 4 Packet Page Number 205 of 280 8 Annual Leave Accrual Rates for FT employees - Years of Service Annual Accrual Rates 1 - 4 Years 19 days (152 hours per year) 5 - 11 Years 24 days (192 hours per year) 12 - 20 Years 29 days (232 hours per year) After 20 Years 34 days (272 hours per year) 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. ARTICLE 17: HOLIDAYS 17.1 Each regular full-time Employee shall be granted twelve (12) paid holidays per year. These holidays shall be credited toward the normal work year as per 12.1 of the Labor Agreement. 17.2 Any Employee on an 8-hour shift who works four (4) or more hours on any of the following listed ten (10) statutory holidays shall be credited in either pay or compensatory time off with an additional four (4) hours. Employees on 10-hour shifts who work five (5) or more hours will receive an additional five (5) hours. Employee working two shifts on any of the ten (10) statutory holidays shall be credited with an additional four (4) hours in either pay or compensatory time off when on an eight hour schedule, and five (5) when on a 10-hour schedule. Other shifts that could be assigned would be proportional. New Year's Day Martin Luther King's B-Day President's Day Veteran's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day 17.3 Employees who work a 5/2 schedule shall receive two (2) personal holidays per year, provided holidays are used within the current calendar year. Employees on a 5/2 schedule who are required to work on one of the above-listed holidays will be allowed to take another day off within the pay-period plus will receive four (4) hours of pay – OR - can elect to receive time and one-half with no time off. This is in addition to regular holiday pay they would have received had they not worked. ARTICLE 18: SICK LEAVE 18.1 A full-time employee who is not accruing annual leave shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month. Accumulated sick leave shall never total more than three hundred (300) days. Actual sick leave cannot be made up by additional work shifts. Agenda Item J2 Attachment 4 Packet Page Number 206 of 280 9 18.2 Full-time employees can convert sick leave to vacation or deferred compensation (at the Employee's current pay rate) on December 31st of any year assuming the Employee elected the conversion option at the beginning of the year and had at least 800 hours at that time. The rate of conversation will be two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation or deferred compensation. The sick leave balance will be capped (frozen) on January 1 of the year the option is first elected. That balance or cap (which can be anything between 800 and 2400 hours) will remain as the cap for that Employee into the future. Employees will, however, accrue additional sick leave hours (above the cap) during the succeeding twelve months at the regular accrual rate only for purposes of conversion or use during that year. The conversion will take place on December 31st and will be limited to the 48 hours as stated above. Only hours earned in excess of the cap (January 1 through December 31) are eligible for conversion. Any additional hours accrued but unused during that year will be lost. An Employee who does not elect the conversion option will never accrue above 2400 hours. Employees who are close to, or at, 2400 hours who elect the conversion option at the beginning of a given year can accrue additional sick leave above the 2400 hours during the year only for purposes of conversion, or use, during that year. Hours accrued but unused between January 1 and December 31 of that year will then be converted to a maximum of 48 hours of vacation or deferred compensation. Any remaining balance above the cap will be lost. The employee will start the following year with no more than 2400 hours. Employees who have a sick leave cap and who retire or resign under satisfactory conditions prior to December 31 of a given year, will be eligible to convert up to 80% of sick leave accrued and unused during that year. 18.3 Article 18 does not apply to employees who accrue annual leave except as provided in the Annual Leave Program (Current Sick Leave Balance—Deferred Sick Leave and Severance Pay sections). ARTICLE 19: SEVERANCE PAY Upon retirement or termination under satisfactory conditions, after at least ten (10) years of service, the Employee shall receive one-half (1/2) of his/her accumulated sick leave upon the basis of the Employee's outgoing salary. In case of death which cannot be contributed to his/her duty, payment of one-half (1/2) of Employee's sick leave shall be paid to the Employee's beneficiary. In case of death in the line of duty, payment of the Employee's full-accumulated sick leave shall be made to the Employee's beneficiary. All severance (which does not include comp/vacation/annual leave time) due an Employee shall be placed into the Employee’s individual account in the Post Employment Health Care Savings Plan. ARTICLE 20: FUNERAL LEAVE A maximum of up to three (3) days of funeral leave with pay shall be extended to a regular full-time Sergeant upon the death of a member of the immediate family of said Sergeant or his/her spouse (i.e., spouse, children, sons-in-law, daughters-in-law, grandchildren, parents, grandparents, brothers, sisters, legal guardian, or individuals who are under the Employee’s legal guardianship) for the attendance at the funeral or other demonstrated need in relation thereto. Any leave beyond one (1) day to be upon approval of the immediate supervisor. The actual time off, and funeral leave approved, will be determined by the department head depending on individual circumstances (such Agenda Item J2 Attachment 4 Packet Page Number 207 of 280 10 as closeness of the relative, arrangements to be made, distance to the funeral, etc.) Eligibility for time off in accordance with this policy will be pro-rated for part-time employees. ARTICLE 21: INJURY ON DUTY Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid no more than the difference between the Employee's regular take-home pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the Employee's vacation, sick leave, or other accumulated paid benefits. ARTICLE 22: INSURANCE 22.1 For all full-time employees hired prior to December 31, 2012, 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/Essential 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/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential 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. f. The Medica Program provides for an Employee Wellness Program called CorePlus. Employee participation in CorePlus provides a mutual benefit for Agenda Item J2 Attachment 4 Packet Page Number 208 of 280 11 Employer and Employee in rate cap reduction. A goal of 75% participation in CorePlus is established for 2013. 22.2 For all employees hired 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/Essential 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 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. 2014 Health Care Costs/Contributions 22.3 The City shall match the health insurance rate contribution formulas and HRA contributions defined within this contract for 2013 if 60% of those employees determined to be “active employees” (non COBRA) plus one additional person achieve participation in the Core Plus/ Scorecard program as determined by Medica through November 30, 2013 or substantial progress toward such participation is made by the employees as determined by the City1 or, if health care cost increases for the City for any Health Care 1 In no event shall the City’s determination of what constitutes substantial progress be more restrictive than Medica’s, rather it is anticipated that this will allow the City to be more liberal in making such determination. Additionally, the City will make its determination based on the raw data available to it through Medica, there will be no requirement of any employee to share any protected health information with the City as the City will continue to adhere to HIPPA regulations regarding the protection of personal health information. In making its determination of whether substantial progress has been made, the City will only consider information from the three main categories that are applicable to everyone; specifically the City shall review improvement in the categories of biometric screenings, personal health profiles and 8 health topics and goals. Agenda Item J2 Attachment 4 Packet Page Number 209 of 280 12 plan selected by the Labor-Management Health Care Committee, including renewal of Medica Elect/Essential and Medica Choice, do not exceed 4.0%. 22.4 If CorePlus Participation in 2013 fails to meet the 60% plus one person goal for participation and health care cost increases are more than 4.0% and the City determined that employees did not make substantial progress then the following shall apply for 2014 Employee Health Insurance Costs. 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 lowest cost 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 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. ii. $1,750 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. iii. $3,000 annually into a HRA for those employees who elect family coverage. a. 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. 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. b. For all employees hired after January 1, 2013, the following shall apply i. 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 lowest cost 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 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: 1. $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. Agenda Item J2 Attachment 4 Packet Page Number 210 of 280 13 i. $1,500 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 $1600.00. ii. $2,200 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 $2300.00. 2. 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. Any changes that are presented at renewal will be discussed (and agreed to) through the Labor-Management Committee process. These benefits apply to FT employees only. 22.5 Dental, Life and Long-Term Disability Insurance – The Employer shall pay 100% of the cost of employee (single) dental insurance coverage, a $30,000 group term life insurance policy, and long-term disability insurance for regular full-time employees for 2013 and a $35,000.00 group term life insurance policy for 2014. 22.6 The Employer will provide an IRS-125 plan for the Employee's contribution in order to permit the Employee to pay with pre-tax dollars. 22.7 Short-Term Disability Insurance – The City agrees to offer or go out for bid for short-term disability insurance coverage. Employees may elect this optional coverage at the employee’s cost. 22.8 The City agrees to re-open the contract to discuss a retiree health savings plan if requested by the UNION. ARTICLE 23: STANDBY PAY 23.1 Paramedic Sergeants on medical on-call status shall be paid at the rate of one-quarter (1/4) hour pay for each hour on on-call. 23.2 An employee placed on standby for court will be paid one-quarter (1/4) hour for each hour on standby under the following circumstances. A Lieutenant, or higher-ranking officer in the department, will set a defined period with a start and automatic ending time, but can call and cancel it earlier. The Lieutenant will decide when and if they will put an employee on standby. ARTICLE 24: UNIFORMS The Employer shall provide a contribution for required uniform and equipment items, but the contribution is not to exceed $900 per year for 2011 and 2012. Plainclothes sergeants will be Agenda Item J2 Attachment 4 Packet Page Number 211 of 280 14 reimbursed up to the same amounts per Employee per year for necessary items that are purchased in Maplewood. Uniform balances may be carried over from year to year, not to exceed a one year amount. The Employer will reimburse Employees one-hundred percent (100%) of the cost of peace officer license renewal. ARTICLE 25: LONGEVITY AND EDUCATIONAL INCENTIVE 25.1 Effective January 1, 2011, the following terms and conditions are effective: 25.1.1 After four years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of three and one half percent (3.5%) of that Employees base pay. 25.1.2 After six years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of five and one half percent (5.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the three and ½ percent (3.5%) four (4) year step set forth above. Specifically, the five and ½ percent (5.5%) is calculated on the base pay which shall not include the aforementioned three and ½ percent (3.5%) increase. 25.1.3 After eight (8) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of seven and one half percent 7.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the two steps set forth above. Specifically, the seven and ½ percent (7.5%) is calculated on the base pay which shall not include the aforementioned increases. 25.1.3 After twelve (12) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of nine and one half percent (9.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the three steps set forth above. Specifically, the nine and one half percent (9.5%) is calculated on the base pay which shall not include the aforementioned increases. 25.1.4 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. ARTICLE 26: FALSE ARREST The Employer shall provide and pay all premiums due on False Arrest Insurance to cover all Employees covered by this Agreement. Agenda Item J2 Attachment 4 Packet Page Number 212 of 280 15 ARTICLE 27: WAIVER 27.1 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. 27.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this Agreement or with respect to any term or condition of employment not specifically referred to or covered by the Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 31.3 The Union and the City agree to meet and confer to discuss possible accommodations for "qualified" disabled employees as the need arises, consistent with the intent of the Americans with Disabilities Act. Agenda Item J2 Attachment 4 Packet Page Number 213 of 280 16 ARTICLE 28: DURATION Except as herein provided, this Agreement shall be effective as of January 1, 2013, except as herein noted, and shall continue in full force and effect until December 31, 2014 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing by October 31st of the year in which modifications are desired, so as to comply with the provisions of the Public Employment Labor Relations Act of 1971 as amended. In witness whereof, the parties hereto have executed this Agreement on this _____ day of __________________________,2013 . FOR THE CITY OF MAPLEWOOD: FOR L.E.L.S. ________________________________ _____________________________ Mayor Business Agent ________________________________ _____________________________ City Manager Steward ________________________________ _____________________________ Human Resource Attorney Agenda Item J2 Attachment 4 Packet Page Number 214 of 280 17 APPENDIX A 1. WAGE RATES Effective January 1, 2013 (1% increase) Start ............................................................................................................................. $6,598.82 After 1 Year .............................................................................................................. $6,805.71 After 2 Years ........................................................................................................... $7,013.68 After 3 Years Top Sergeant Pay .............................................................................. $7,220.56 Effective July 1, 2013 (1% increase) Start ............................................................................................................................. $6,664.81 After 1 Year .............................................................................................................. $6,873.77 After 2 Years ........................................................................................................... $7,083.82 After 3 Years Top Sergeant Pay .............................................................................. $7,292.77 Effective January 1, 2014 (2% increase) Start ............................................................................................................................. $6,798.11 After 1 Year .............................................................................................................. $7,011.25 After 2 Years ........................................................................................................... $7,225.50 After 3 Years Top Sergeant Pay .............................................................................. $7,438.62 2. DEFERRED COMPENSATION The above wage rates will be increased by a contribution by the Employer towards deferred compensation of up to $110 per month beginning January 1, 2013 and $120.00 per month beginning January 1, 2014 provided the Employee agrees to match such contribution and have the funds deposited in an approved deferred compensation plan. 3. PARAMEDIC DIFFERENTIAL Sergeants who are certified paramedics and maintain their certification will receive a pay differential of eight percent (8%) for the years 2013 and 2014. The differential will be based on the top sergeant pay rate. 4. INVESTIGATIVE SERGEANT DIFFERENTIAL The Sergeant assigned by the Police Chief to Investigations shall receive a pay differential of two percent (2%). The differential will be based on the top sergeant pay rate. Agenda Item J2 Attachment 4 Packet Page Number 215 of 280 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN AND MAPLEWOOD CONFIDENTIAL & SUPERVISORY GROUP January 1, 2013 through December 31, 2014 Agenda Item J2 Attachment 5 Packet Page Number 216 of 280 Table of Contents ARTICLE 1: PURPOSE AND INTENT ........................................................................................... 2 ARTICLE 2: RECOGNITION .......................................................................................................... 2 ARTICLE 3: DEFINITIONS ............................................................................................................. 2 ARTICLE 4: GROUP SECURITY ................................................................................................... 3 ARTICLE 5: EMPLOYER SECURITY ............................................................................................ 4 ARTICLE 6: EMPLOYER AUTHORITY.......................................................................................... 4 ARTICLE 7: GRIEVANCE PROCEDURE/ARBITRATION ............................................................ 4 ARTICLE 8: NONDISCRIMINATION.............................................................................................. 6 ARTICLE 9: SENIORITY ................................................................................................................ 6 ARTICLE 10: WORK SCHEDULES ............................................................................................... 6 ARTICLE 11: MEAL AND REST PERIODS ................................................................................... 8 ARTICLE 12: OVERTIME ............................................................................................................... 8 ARTICLE 13: PROBATIONARY PERIODS ................................................................................... 8 ARTICLE 14: JOB POSTING ......................................................................................................... 9 ARTICLE 15: DISCIPLINE.............................................................................................................. 9 ARTICLE 16: DEMOTION .............................................................................................................. 9 ARTICLE 17: VACATION / ANNUAL LEAVE ................................................................................ 9 ARTICLE 18: HOLIDAYS ............................................................................................................. 11 ARTICLE 19: SICK LEAVE ........................................................................................................... 11 ARTICLE 20: LEAVES OF ABSENCE ......................................................................................... 12 ARTICLE 21: SEVERANCE PAY ................................................................................................. 14 ARTICLE 22: INJURY ON DUTY ................................................................................................. 14 ARTICLE 23: INSURANCE .......................................................................................................... 15 ARTICLE 24: CLOTHING AND EQUIPMENT.............................................................................. 19 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE ...................................................................... 20 ARTICLE 26: PERSONNEL FILE ................................................................................................. 20 ARTICLE 27: TUITION REIMBURSEMENT ................................................................................ 20 ARTICLE 28: LEGAL DEFENSE .................................................................................................. 21 ARTICLE 29: REQUIRED LICENSES ......................................................................................... 21 ARTICLE 30: WAGE SCHEDULE ................................................................................................ 21 ARTICLE 31: SAFETY .................................................................................................................. 22 ARTICLE 32: WAIVER ................................................................................................................. 23 ARTICLE 33: SAVINGS CLAUSE ................................................................................................ 23 ARTICLE 34: DURATION ............................................................................................................. 24 APPENDIX A ................................................................................................................................. 25 APPENDIX B ................................................................................................................................. 27 APPENDIX C ................................................................................................................................ 28 Agenda Item J2 Attachment 5 Packet Page Number 217 of 280 2 ARTICLE 1: PURPOSE AND INTENT This Agreement entered into as of January 1, 2013 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called “Employer” and /or “City”, and Maplewood Confidential & Supervisory GROUP hereinafter called the “Collective Bargaining Group” and/or “Group.” It is the intent and purpose of this agreement 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 agreements interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION 2.1 The EMPLOYER recognizes the GROUP as the exclusive representative, for All Employees of the City of Maplewood, Minnesota, who are public employees within the meaning of Minnesota Statutes 179A.03, Subdivision 14, who are confidential within the meaning of Minnesota Statutes 179A.03 Subdivision 4 or who are both supervisory and confidential within the meaning of Minnesota Statutes 179A.03 Subdivisions 4 and 17, excluding supervisory employees within the scope of the existing “supervisory appropriate unit. 2.1.1 The position of Assistant City Manager shall be excluded for the life of this Agreement. 2.2 In the event the EMPLOYER and the GROUP are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 GROUP: City of Maplewood Confidential & Supervisory GROUP. 3.2 EMPLOYER: The City of Maplewood, Minnesota. 3.3 DEPARTMENT HEAD: Citizen Services Director/City Clerk, Police Chief, Fire Chief, IT Director, Finance Manager [if the position of Finance Manager is replaced or promoted to Finance Director, then Finance Director shall be a Department Head in place of the Finance Manager] , Parks & Recreation Director, Public Works Director/City Engineer and similar titles that may be created. 3.4 EMPLOYEE: A member in good standing of the Confidential and Supervisory GROUP, covered by this AGREEMENT. 3.5 SENIORITY: Employee's length of continuous service with the EMPLOYER. Agenda Item J2 Attachment 5 Packet Page Number 218 of 280 3 3.6 CONTINUOUS SERVICE: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.7 GRIEVANCE: A dispute or disagreement as to the interpretation or application of the terms and conditions of this AGREEMENT. 3.8 REGULAR FULL-TIME EMPLOYEE: An Employee who is holding a regular full-time position with the City of Maplewood. A regular FT position is a position that is not temporary or seasonal in nature and is expected to work at least 40 hours per week. 3.9 REGULAR PART-TIME EMPLOYEE: An Employee who holds a regular part-time position (regularly expected to work 14 hours or more and less than 32 hours per week). 3.10 JOB CLASS SENIORITY: Employee’s length of continuous service in a job class. 3.11 EXEMPT: Not covered by the federal and state Fair Labor Standards Acts overtime requirements. 3.12 NON-EXEMPT: Covered by the federal and state Fair Labor Standards Acts overtime requirements. ARTICLE 4: GROUP SECURITY In recognition of the GROUP as the certified exclusive representative, the EMPLOYER shall: 4.1 Initiation Fees - Deduct an amount sufficient to provide the payment of initiation fees established by the GROUP from the wages of all Employees covered by this AGREMEENT. 4.2 GROUP Dues - Deduct an amount sufficient to provide the payment of dues established by the GROUP from the wages of all Employees covered by this AGREEMENT. Such monies shall be divided equally among the pay-periods and shall be remitted with an itemized statement to the appropriate designated officer of the GROUP. Dues appeals or challenges may be filed in accordance with State Statute. 4.3 Fair Share Fees - Deduct fair share fees in accordance with Minnesota Statutes, Section 1 79A.06, Subd. 3 and remit such deduction, with an itemized statement, to the appropriate designated officer of the GROUP within ten (10) days following said deduction. 4.4 Bulletin Board - Furnish and maintain one (1) bulletin board in a convenient place which may be used by the GROUP for posting of proper notices and bulletins at each location where Employees are regularly scheduled. 4.5 GROUP Stewards - The GROUP may designate certain Employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. Officers of the GROUP shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting GROUP business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the GROUP shall be allowed leaves of absence without pay, when requested, to fulfill their duties as GROUP Officers as allowed by State Statute. Agenda Item J2 Attachment 5 Packet Page Number 219 of 280 4 4.6 Hold Harmless - The GROUP 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. ARTICLE 5: EMPLOYER SECURITY The GROUP agrees that during the term of this AGREEMENT the GROUP will not cause, encourage, participate in or support any strike, intentional slow-down or other interruption of or interference with the normal functions of the Employer. 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. ARTICLE 7: GRIEVANCE PROCEDURE/ARBITRATION 7.1 For purpose of this AGREEMENT, the term “grievance” means any dispute between the EMPLOYER and the employee(s) concerning the interpretation or application of the terms and conditions of this AGREEMENT. Both parties recognize that should a provision of the AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any employment rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the GROUP agree to the following grievance procedure. Each step of the grievance procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 7.2 Processing of a Grievance - It is recognized and accepted by the GROUP 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 Employee’s duties and responsibilities. The aggrieved Employee and the GROUP 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 GROUP 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. 7.3 Procedure - Any grievance or dispute between the parties relative to the application, meaning or interpretation of this AGREEMENT shall be settled in the following manner: Step 1. The GROUP Steward, with or without the Employee, shall take up the grievance or dispute with the Employee's immediate supervisor within fourteen (14) calendar days of the date of the grievance or the Employee’s knowledge of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the employee within fourteen (14) calendar days. In cases of discharge, a grievance must be filed within seven (7) calendar days and the immediate supervisor shall respond within seven (7) calendar days. Agenda Item J2 Attachment 5 Packet Page Number 220 of 280 5 Step 2. If the grievance has not been settled in accordance with Step 1, the GROUP shall present the grievance in writing to the appropriate Group Manager within seven (7) calendar days after the immediate supervisor’s Step 1 response is due. All grievances shall state the facts on which it is based, when they occurred, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested. The Group Manager shall respond to the GROUP 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 GROUP to the City Manager within ten (10) calendar days after the Group Manager’s response is due. The City Manager will respond to the GROUP in writing within ten (10) calendar days. Step 4. If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the GROUP may submit the issue in dispute to binding arbitration within fourteen (14) calendar days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The GROUP will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within fourteen (14) calendar days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 7.4 The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the GROUP and shall have no authority to make a decision on any other issue not so submitted. 7.5 The fees and expenses for the arbitrator’s service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. 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. 7.7 If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the GROUP may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the GROUP without prejudice to either party. 7.8 Should a grievance involve the suspension, demotion or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the Employee’s right to seek redress under this Article. Agenda Item J2 Attachment 5 Packet Page Number 221 of 280 6 ARTICLE 8: 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. 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 9: SENIORITY 9.1 Determining Criterion – Seniority will be the determining criterion for transfers, newly created positions and promotions only when all other qualification factors are equal. 9.2 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 job class seniority (providing the remaining Employees have the ability, license or certification required of a position or can be trained to perform the remaining work and become licensed or certified in a timely manner as required by the position) in the following order: a. Temporary, interim or acting employees b. Probationary part-time employees c. Probationary full-time employees d. Regular part-time employees e. Regular full-time employees 9.3 Recall - Employees shall be recalled from layoff according to job class 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 one (1) year 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. 9.4 Promotion Outside Bargaining Unit - Employees promoted or transferred outside the bargaining unit shall maintain their job class seniority in the unit for thirty (30) days. 9.5 Seniority List - The EMPLOYER agrees to provide the GROUP, upon request, a seniority list not more than four (4) times per year. 9.6 Continuous Service - For purposes of seniority, an Employee's continuous service record shall be broken by voluntary resignation, discharge for just cause, and retirement. ARTICLE 10: WORK SCHEDULES 10.1 Normal Workday/Work Week - The sole authority for determining work schedules is the Employer. The Employer may arrange a flexible schedule for Employees within the Department. The normal workday for a non-exempt Employee shall be eight (8) hours; normal hours that Employer offices are open for business are 8:00 a.m. to 4:30 p.m.; and the normal workweek shall be forty (40) hours Monday through Friday. Agenda Item J2 Attachment 5 Packet Page Number 222 of 280 7 10.2 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 workday. 10.3 Unusual Work Circumstances - In the event that work is required because of unforeseen unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime if requested unless unusual circumstances prevent him/her from doing so. 10.4 Saturday/Sunday Work Weeks - Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays for select positions. 10.5 Permanent Schedule Changes - Any permanent changes in the work schedule should be preceded with a four (4) week notice to the affected Employees. 10.6 Out-of-Class Assignment – Any Employee working an out-of-class assignment for four (4) hours or more shall be paid at a rate within the higher job classification, but in no case shall the Employee receive less than 5% 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. 10.7 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. 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. 10.8 Exempt Employees – Department Heads or exempt Employees are normally required to work the number of hours necessary to fulfill their responsibilities including evening meeting and/or on-call hours. The normal hours of business for Department Heads are Monday through Friday, 8 a.m. to 4:30 p.m. Department heads are required to use paid leave when on personal business or away from the office for four (4) hours or more, on a given day. Absences of less than four (4) hours do not require use of paid leave as it is presumed that the staff member regularly puts in extra hours above and beyond the normal 8 a.m. to 4:30 p.m. Monday through Friday requirement. All exempt positions may also require work beyond forty (40) hours per week. In recognition for working extra Agenda Item J2 Attachment 5 Packet Page Number 223 of 280 8 hours, these Employees may take time off during their normal working hours with supervisory approval. ARTICLE 11: MEAL AND REST PERIODS An Employee may take an unpaid meal period and two (2) paid - fifteen (15) minute rest periods during a normal work day at times determined by the Employee and their immediate supervisor. The length of the meal period will vary depending on department and job title. With supervisory approval, rest periods may be added together, added to a lunch break or added to an unpaid break to workout at the Community Center or do personal business. Police and Fire Department personnel will receive paid meal and rest breaks and remain available for an immediate return to duty should an event dictates it. ARTICLE 12: OVERTIME 12.1 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. Employees normally working shifts greater than eight (8) hours in length will be eligible for overtime for hours in excess of the normal shift length or in excess of forty (40) hours per week. 12.2 Holidays Worked – Hours worked by non-exempt employees on holidays, except Thanksgiving, Christmas, and New Years, 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 Years will be compensated for at two (2) times the employee’s regular pay rate in addition to the compensation provided in the wage schedule. 12.3 No Duplication of Overtime – For the purposes of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 12.4 Computing Overtime – All paid leave time shall be considered time worked for the purpose of computing overtime. ARTICLE 13: PROBATIONARY PERIODS 13.1 Probationary Period - New Employees - All newly hired or rehired Employees will serve a one (1) year probationary period. At any time during the probationary period a newly hired or re-hired Employee may be terminated at the sole discretion of the EMPLOYER. 13.2 Probationary Period - New Classification - 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. At any time during the probationary period a promoted or reassigned Employee may be reassigned to the Employee's previous position at the sole discretion of the EMPLOYER. Notwithstanding the above, any position under the authority of the Police Civil Service Commission shall still serve one (1) year probation. 13.3 At any time during the first thirty (30) calendar days of the probationary period a promoted Employee may be reassigned to the Employee's previous position at the Agenda Item J2 Attachment 5 Packet Page Number 224 of 280 9 discretion of the EMPLOYEE with the approval of the EMPLOYER which will not be unreasonably withheld or delayed. ARTICLE 14: JOB POSTING 14.1 Promotion From Within - The EMPLOYER and the GROUP agree that regular job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: a. have the qualifications deemed necessary by the EMPLOYER to meet the standards of the job vacancy; and b. have the ability deemed necessary by the EMPLOYER to perform the duties and responsibilities of the job vacancy. 14.2 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. 14.3 Job Posting - Job vacancies within the designated bargaining unit will be posted for a minimum of ten (10) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 15: DISCIPLINE 15.1 The EMPLOYER will discipline Employees for just cause only. All discipline shall be in writing and will normally be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 15.2 At the request of the Employee, oral reprimands shall be removed from the Employee’s personnel file after one year, provided the Employee is not involved in a progressive discipline action. Written reprimands and suspension notices shall be removed from the Employee’s personnel file after five years, provided the Employee is not involved in a progressive discipline action. Demotion references will be removed from the Employee’s personnel file after five years. ARTICLE 16: DEMOTION Employees may be demoted if they have been found unsuited for the present position but may be expected to perform satisfactorily in a lesser position. Employees may also be demoted if their position(s) has been abolished or reclassified to a lower class. Employees who voluntarily demote or are demoted due to performance issues shall have their pay established within the range of the new classification at a level determined by the Human Resource Department. ARTICLE 17: VACATION / ANNUAL LEAVE 17.1 Vacation Schedule - Full-time employees hired before May 5, 2001 shall normally earn paid vacation leave (accrued on a biweekly basis) according to the following schedule: Years of Service Annual Accrual Rates Agenda Item J2 Attachment 5 Packet Page Number 225 of 280 10 Date of hire through 4th year of service 10 working days per year 5th through 11th year of service 15 working days per year 12 through 20 year of service 20 working days per year 21 years of service and thereafter 25 working days per year Regular part-time Employees hired before May 5, 2001 who work (and are on payroll) at 20 or more hours per week will accrue vacation on a pro-rated basis consistent with hours worked (exclusive of overtime hours). Employees who have vacation accrual greater than the annual accrual rate schedule, will continue accruing at the higher rate and progress through the steps proportionally. 17.2 Maximum Vacation Accumulation - At year-end, Employees shall not carryover more than one and one-half (1-1/2) times his/her annual earned vacation. Employees will be eligible for 100% of their vacation balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). 17.3 Vacation Conversion – On December 1st of each year, full-time and regular part-time Employees who are at the three (3) week vacation accrual rate or higher, with a minimum balance of eighty (80) hours, shall be eligible to convert up to forty (40) hours of unused vacation time to deferred compensation. Employees at the four (4) week accrual rate with an 80 hour minimum balance shall be eligible to convert up to sixty (60) hours. Conversion will be at the Employee’s current hourly rate as of December 1st and will be on the basis of one (1) hour of vacation for one (1) hour of deferred compensation pay. Actual conversion will take place in the second payroll of the following year. 17.4 Annual Leave – EMPLOYER and the GROUP hereby incorporate the Annual Leave Program as adopted by the City of Maplewood on February 12, 2001 and revised on September 23, 2002. (See Appendix C) Articles 17.1, 17.2 and 17.3 do not apply to Employees who accrue Annual Leave in lieu of vacation and sick leave. 17.5 Full-time Employees who converted to Annual Leave and all new hires after May 5, 2001 shall normally earn paid annual leave (accrued on a biweekly basis) according to the following schedule: Years of Service Annual Accrual Rates Date of hire through 4th year of service 19 working days per year 5th through 11th year of service 24 working days per year 12 through 20 year of service 29 working days per year 21 years of service and thereafter 34 working days per year 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 pro-rated basis based on regular hours worked. Employees who have annual leave accrual greater than the annual accrual rate schedule, will continue accruing at the higher rate and progress through the steps proportionally. 17.6 Annual Leave will accrue on a pay-period basis 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. Employees will be eligible for 100% of their annual leave balance when they leave City service in cash payment or deposited in the Employee’s deferred compensation account unless it must be paid into the approved RHS plan pursuant to its rules. Agenda Item J2 Attachment 5 Packet Page Number 226 of 280 11 ARTICLE 18: HOLIDAYS 18.1 Holidays Observed - Full-time Employees shall be compensated for a full eight (8) hour day (pro-rated for regular part-time Employees who work and are on payroll 20 or more hours per week) if on paid status at the time of any of the following holidays: DATE HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day 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 holidays fall 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. 18.2 Personal Holidays – Full-time Employees shall also receive two (2) personal holidays per year in accordance with the above (pro-rated for regular part-time Employees who work or are on payroll 20 or more hours per week). The date of such personal holiday shall be requested by the Employee and approved by the EMPLOYER. ARTICLE 19: SICK LEAVE 19.1 Use of Sick Leave - A full-time Employee hired before May 5, 2001 shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month, accrued on a pay-period basis, except as provided below. Regular part-time Employees hired before May 5, 2001 who work (and are on payroll) at 20 or more hours per week shall accrue sick leave on a pro-rated basis consistent with hours worked (exclusive of overtime hours). All other conditions of accrual and use of sick leave for regular part-time Employees shall be the same as for full-time Employees. Sick leave does not accrue during an unpaid leave of absence. Employees who are on annual leave do not accrue sick leave. Employees hired before May 5, 2001 who are covered by the Police Civil Service Commission cannot accumulate more than 300 days of sick leave. Sick leave may be approved only for days when an Employee would otherwise have been at his or her employment. It may be used, with the approval of the immediate supervisor, in any of the following cases: a. when the Employee cannot work because of illness, injury, or disability of themselves, their children, spouse, parents, stepchildren, or stepparents; Agenda Item J2 Attachment 5 Packet Page Number 227 of 280 12 b. for medical, dental, chiropractic or optical examinations or treatment of the Employee, or the Employee's children (appointments should be scheduled to minimize the amount of disruption to the workday); c. when the Employee's presence would jeopardize the health of other Employees by exposing them to contagious disease or illness. 19.2 Sick leave will also be approved for use in accordance with the Family and Medical Leave Act. 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. 19.3 Sick Leave Conversion – Employees hired before May 5, 2001 who accrue sick leave, may participate in the following optional sick leave conversion program. 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. 19.4 Conversion After 800 Hours - On December 31st of each year full-time and regular part- time Employees with 800 hours or more of accumulated sick leave shall be eligible to convert sick leave accumulated in the previous 12 months to vacation or deferred compensation at the Employee's current pay rate on the basis of 2 hours of sick leave for 1 hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation and deferred compensation. 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. 19.5 Annual Leave – Article 19 does not apply to Employees who accrue annual leave except as provided in the Annual Leave Program (Deferred Sick Leave and Severance Pay Sections). ARTICLE 20: LEAVES OF ABSENCE The EMPLOYER agrees to provide to full-time and regular part-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 calendar year, when ordered by the appropriate authorities. Military leave in excess of fifteen working days shall be awarded in accordance with State and Federal law. 20.2 Jury Duty Leave - Jury duty leave when ordered by the appropriate authorities. Regular full-time and part-time Employees shall be granted paid leaves of absence Agenda Item J2 Attachment 5 Packet Page Number 228 of 280 13 for required jury duty. Such Employees shall be required to turn over any compensation received for jury duty, minus mileage, meal or expense reimbursement, to the City in order to receive their regular wages for the period. Time spent on jury duty shall not be counted as time worked in computing overtime. If the jury is 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 Leave - A maximum of three (3) days (24 hours) of funeral leave with pay shall be extended to a full-time Employee upon the death of a member of the immediate family of said Employee or his/her spouse (i.e., spouse, children, sons-in-law, daughters-in-law, grandchildren, parents, grandparents, brothers, sisters, legal guardian or individuals who are under an Employee's or spouse's legal guardianship) for attendance to the funeral or other demonstrated need in relation thereto. The actual time off, and funeral leave approved, will be determined by the Department Head depending on the individual arrangements to be made, distance to the funeral, etc. Funeral leave provided in accordance with this article will be pro-rated for part-time employees. 20.5 Parenting Leave – Employees who work twenty (20) or more hours per week and have been employed 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 six (6) weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. 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 up to 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. 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. If 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. Seniority will continue to accrue during the six (6) week parental 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 department head and City Manager. Employees shall be eligible for FMLA in accordance with Federal Law. Agenda Item J2 Attachment 5 Packet Page Number 229 of 280 14 ARTICLE 21: SEVERANCE PAY 21.1 All regular Employees who leave the employ of the City in good standing by retirement or resignation shall receive pay for 100% of unused accrued vacation, personal holidays or annual leave (and compensatory time if applicable). 21.2 Employees who retire, resign or are laid off shall be entitled to severance pay which shall be computed at their regular rate of pay at the time of severance and shall amount to one- half (1/2) of the accumulated sick leave with a maximum allowance of 50 days pay. In the case of the death of an Employee who has become eligible for severance pay in accordance with this AGREEMENT, the beneficiary of the Employee shall be eligible to receive the Employee’s severance pay as provided above. Notwithstanding the above, Employees covered by the Police Civil Service Commission are eligible for 50% of their sick leave with a maximum payout of 1,200 hours. In case of death in the line of duty for any employee covered under this Agreement,100% of the accumulated sick leave/deferred sick leave shall go directly into the employee’s RHS plan in accordance with the Plan. 21.3 If an Employees moves from one bargaining unit to another, the hours accrued and unused prior to the change will be covered by the applicable union contract in effect at the time of the change. ARTICLE 22: INJURY ON DUTY Employees injured, or contracting an illness, from actual service for the EMPLOYER and thereby rendered incapable of performing their duties shall receive pay equal to their regular 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, the 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. 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 the injury to the EMPLOYER. d. If an Employee takes advantage of this section all salary related benefit income (such as worker's compensation, disability payments, etc.) must be turned over to the EMPLOYER. e. Benefits of this section shall assure Employees of their current pay rate 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 a physician of the City's choice at reasonable times at the City's expense. h. This section does not apply in the case of death of an Employee on duty or otherwise. i. The current pay rate 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 Agenda Item J2 Attachment 5 Packet Page Number 230 of 280 15 found that the injury is not job related, the time off will be credited to sick leave, vacation time, annual leave, or compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. In the event vacation time is used, upon the return to work of the Employee, 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. j. 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. k. 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 23.1 Health Insurance – For all full-time employees hired prior to December 31, 2012, 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/Essential 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/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential 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. Agenda Item J2 Attachment 5 Packet Page Number 231 of 280 16 f. The Medica Program provides for an Employee Wellness Program called CorePlus. Employee participation in CorePlus provides a mutual benefit for Employer and Employee in rate cap reduction. A goal of 75% participation in CorePlus is established for 2013. 23.2 For all employees hired 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/Essential 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 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. 2014 Health Care Costs/Contributions 23.3 The City shall match the health insurance rate contribution formulas and HRA contributions defined within this contract for 2013 if 60% of those employees determined to be “active employees” (non COBRA) plus one additional person achieve participation in the Core Plus/ Scorecard program as determined by Medica through November 30, 2013 or substantial progress toward such participation is made by the employees as determined by the City1; or, if health care cost increases for the City for any Health Care 1 In no event shall the City’s determination of what constitutes substantial progress be more restrictive than than Medica’s, rather it is anticipated that this will allow the City to be more liberal in making such determination. Additionally, the City will make its determination based on the raw data available to it through Medica, there will be no requirement of any employee to share any protected health information with the City as the City will continue to adhere to HIPPA regulations regarding the protection of personal Agenda Item J2 Attachment 5 Packet Page Number 232 of 280 17 plan selected by the Labor-Management Health Care Committee, including renewal of Medica Elect/Essential and Medica Choice, do not exceed 4.0%. 23.4 If CorePlus Participation in 2013 fails to meet the 60% plus one person goal for participation and health care cost increases are more than 4.0% and the City determined that employees did not make substantial progress then the following shall apply for 2014 Employee Health Insurance Costs. 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 lowest cost 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 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. ii. $1,750 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. iii. $3,000 annually into a HRA for those employees who elect family coverage. 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. 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. c. For all employees hired after January 1, 2013, the following shall apply iv. 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 lowest cost 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 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: health information. In making its determination of whether substantial progress has been made, the City will only consider information from the three main categories that are applicable to everyone; specifically the City shall review improvement in the categories of biometric screenings, personal health profiles and 8 8 health topics and goals. Agenda Item J2 Attachment 5 Packet Page Number 233 of 280 18 1. $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. $1,500 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 $1600.00. ii. $2,200 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 $2300.00. 2. 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. In addition, the City will pay 50% of the cost of Employee (single) coverage for the HDHP for Employees who work (and are on payroll) 30 or more hours per week. Regular part-time Employees with this status may purchase dependent coverage at their own cost. 23.5 Dental Insurance - The EMPLOYER shall pay one hundred percent (100%) of the cost of Employee (single) dental insurance premium. Dental benefits apply to full-time employees only. 23.6 IRS-125 Plan - As permitted, the EMPLOYER shall provide an IRS-125 Plan to be used for Employee's health and dental insurance premiums. 23.7 Life Insurance - The EMPLOYER shall provide a life insurance policy with a benefit value equal to 100% of regular annual salary to a maximum of $45,000 for 2013 for all full-time Employees and $50,000.00 for 2014 for full time employees.. 23.8 Long-Term Disability Insurance - The EMPLOYER will provide Long-Term Disability Insurance with the cost of such being fully paid by the EMPLOYER. Such Long-Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT. Employees are not eligible for vacation, sick leave, or annual leave accrual while receiving Long-Term Disability payments except for hours on payroll using accrued leave. Coverage shall also be provided to regular part-time Employees who work (and are on payroll) 20 or more hours per week. 23.9 Short-Term Disability Insurance - The EMPLOYER agrees to provide optional, Employee- paid short-term disability insurance coverage for all regular Employees who are on payroll at 20 or more hours per week. Employees may elect this optional coverage at the Employee’s cost. 23.10 Long-term Care – Employees are 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. 23.11 Retiree Health Savings - The City agrees to provide a retiree health savings plan with the following plan specifications: Agenda Item J2 Attachment 5 Packet Page Number 234 of 280 19 A. Participant and benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and no years of service requirement. B. Benefits will be limited to insurance premiums only (health, dental, vision and long- term care premiums, Medicare Part B, Medicare Part D, Medicare supplements and other prescription drug insurance premiums). C. The RHS plan will be funded by severance pay as follows: 1. 100% of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is age 50 or above at the time of separation from service. 2. 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee’s balance is at least 80 hours at the time of separation from service and the employee is at least age 50. If under 80 hours or under age 50, nothing would go in. 3. 100% of accrued vacation and personal holidays would be deposited into the RHS plan if the employee is at least age 50 and their vacation balance is at lease 80 hours at the time of separation from service. If under 80 hours or age 50, nothing would go in. D. The RHS plan will be funded with annual deposits as follows: 1. Employees who are eligible for annual leave and are at least age 50, will have the cash value of 16 hours of annual accrued but unused annual leave deposited into the RHS plan if the annual leave balance is at least 240 hours on the last payroll in December. In addition, there would be an annual deposit of the cash value of all hours over 300 hours - as of the last payroll in December. (Under the first part of this provision, if an employee uses all of their annual accrual in a particular year, nothing will go into the plan that year. If they use all but 10 hours, the 10 would go in.) 2. Employees that have a vacation balance of 160 or more hours on the last payroll in December, and are at least age 45, will have the cash value of 16 hours of annual accrued but unused vacation deposited into the RHS plan. In addition, employees of any age will have the cash value of all vacation hours in excess of the carryover limit (1.5 times annual accrual) deposited into the RHS plan. (If an employee uses all the vacation they earn that year or their balance did not exceed the carryover limit, nothing would go in.) 3. All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. ARTICLE 24: CLOTHING AND EQUIPMENT Employees covered by the Police Civil Service Commission will receive clothing and equipment consistent with that allowed in the LELS (Local 173) Sergeants contract currently in effect. Fire Department employees will receive clothing and equipment consistent with that allowed in the IAFF (Local 4470 - O) contract currently in effect. The positions of Street Maintenance Superintendent and Sanitary Sewer/Fleet Management Superintendent will receive clothing and equipment consistent with that allowed in the AFSCME Council No. 5 (Local 2725) contract currently in effect. Agenda Item J2 Attachment 5 Packet Page Number 235 of 280 20 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE 25.1 Mileage - The EMPLOYER agrees to pay mileage reimbursement at the current IRS rate to Employees required by the EMPLOYER to use their private vehicles for official City business, excluding Employees who receive a mileage allowance. 25.2 Mileage Allowances – Mileage allowances of $200 per month shall be provided to: Finance Manager [or Finance Director], Citizen Services Directo/City Clerk, Public Works Director/City Engineer, Parks & Recreation Director, IT Director. The City does not reimburse or pay mileage allowances for portal-to-portal travel (home to work and back home again). 25.3 Take Home Vehicles – Vehicles are provided to Employees to assist in conducting City business. Use of City-owned property and vehicles outside work hours will be allowed only in situations where such use constitutes a benefit to the City, including personal use incidental to the use of the vehicle for City business. Use of take-home vehicles for driving to and from work or work-related meetings or training on off-duty hours is permitted. Employees with take home vehicles must have sufficient equipment in the vehicle to respond to a call whenever their vehicles are used. Currently, the only Employees outside of the Police and Fire Departments with take home vehicles the Street Maintenance Superintendent and the Sanitary Sewer/VEM Superintendent. 25.4 Meals – 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. ARTIC LE 26: PERSONNEL FILE A copy of any material to be placed in an Employee's personnel file during the term of this AGREEMENT shall be provided to the Employee. All disciplinary action material more than three (3) years old will not be used in further disciplinary actions. All disciplinary action material will be removed after five (5) years if no further disciplinary action has been taken except as specified in Article 15.2. ARTICLE 27: TUITION REIMBURSEMENT 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 Agenda Item J2 Attachment 5 Packet Page Number 236 of 280 21 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. ARTICLE 28: LEGAL DEFENSE Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and Court costs actually incurred by such Employee in defending against such charge. 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. ARTICLE 29: REQUIRED LICENSES The City agrees to pay for licenses and certifications and renewal of same that are required by law or the City, except driver licenses. ARTICLE 30: WAGE SCHEDULE 30.1 Cost of Living: EMPLOYER shall pay a 1% increase effective January 1, 2013 for all Employees. EMPLOYER shall then pay a 1% increase effective July 1, 2013 for all Employees. EMPLOYER shall also pay a 2% increase effective January 1, 2014 for all Employees. These cost of living increases have already been included within the salary ranges set forth in Appendices A and B. 30.2 Deferred Compensation: The Employer will contribute to each full-time Employee an amount equal to three and one quarter percent (3.25%) of their regular salary so long as the Employee contributes a matching amount of the regular salary to be deposited into an approved deferred compensation plan. The following positions shall be grandfathered to higher percentages as follows: • Deputy Police Chief, Fire Chief, Parks & Recreation Director = 3.75% • Finance Manager, Citizen Services Director/City Clerk, Lieutenant (Shortreed), Public Work Director/City Engineer = 3.50% o In the event that any of these positions shall become vacant, the deferred compensation for the newly hired Employee shall be reset to 3.25% o In the event that any of the current Employees in the above listed positions are promoted or otherwise reclassified to a new position that is not part of a demotion or disciplinary action, said Employee shall remain at the current deferred compensation level as listed above. If the percentage amount for an Employee as calculated above falls below $150.00 per month then the Employee may contribute up to $150.00 per month instead of the lower percentage amount for that Employee, and the Employer shall match such contribution. Regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week will receive a pro-rated amount deposited into an approved deferred compensation plan under the same conditions a full-time employees. Agenda Item J2 Attachment 5 Packet Page Number 237 of 280 22 30. 3 Incumbent Salary Ranges: EMPLOYER agrees to maintain the current salary ranges for all existing employees holding GROUP positions as of November 1, 2007 (except some positions have been increased pursuant to agreement between the parties to be equal to salaries to be paid to hew hires or transfers). These salary ranges have been increased by 1% for the first six months of 2013 and these salary ranges have also been increased by 1% for the final six months of 2013 and have been increased 2% for 2014 for both the minimum and maximum salary for each position and shall be paid according to the attached salary ranges set forth and incorporated herein at column 1 of Appendices A & B. See Appendices A& B—Column 1 - Current Incumbents Salary Ranges. 30. 4 New Hire/Transfers Salary Ranges: For new hires and for Employees transferred into the GROUP after November 1, 2007, EMPLOYER shall pay newly hire/transferred Employees as specified in column 2 of Appendices A & B attached hereto and incorporated herein. These salary ranges have been increased by 1% for the first six months of 2013 and these salary ranges have also been increased by 1% for the final six months of 2013 and have been increased 2% for 2014 for both the minimum and maximum salary for each position and shall be paid according to the attached salary ranges set forth and incorporated herein at column 2 of Appendices A & B. See Appendices A& B—Column 2 - New Hires and Transferred Employees. 30. 5 Anniversary increases: Employees (current incumbents and new hires/transferred) are eligible for an increase in pay on their anniversary date, provided they are not already at the maximum salary for their pay range. Employees must be fully satisfactory to move up in their salary range. If an Employee is not fully satisfactory, their increase will be delayed until 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. Movement within the ranges is based on time in the position and performance. It is the employee's responsibility to direct a request/justification for an anniversary increase in writing to his/her supervisor, or Department Head, if applicable. Anniversary increases shall be granted at the Department Head's or, if for a Department Head, the City Manager’s discretion/approval. The following is a chart for parameters for determining pay increases. If current salary is: Increase can be: Bottom of Range: Up to 5% 25% - 50% of Range: Up to 4.5% 50% - 75% of Range: Up to 4% Top 25% of Range: Up to 3.5% Employees will normally be hired at the minimum pay. Exceptions can be approved by the City Manager based on qualifications and experience. Employees who are promoted will move to a pay rate, which gives them at least a 3% increase over their pre-promoted pay rate, subject to limitations of the salary range maximum. ARTICLE 31: SAFETY 31.1 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. 31.2 Safety Committee The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. Agenda Item J2 Attachment 5 Packet Page Number 238 of 280 23 ARTICLE 32: WAIVER 32.1 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. 32.2: 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. 32.3: 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 33: 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. Agenda Item J2 Attachment 5 Packet Page Number 239 of 280 24 ARTICLE 34: DURATION This AGREEMENT shall be effective as of January 1, 2013, and shall remain in full force and effect through the thirty-first (31st) day of December 2014. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 20 . FOR THE CITY: FOR THE GROUP: ___________________________________ ___________________________________ Mayor President ___________________________________ ___________________________________ City Manager Vice President ___________________________________ ___________________________________ Human Resources Secretary Agenda Item J2 Attachment 5 Packet Page Number 240 of 280 25 APPENDIX A CONFIDENTIAL & SUPERVISORY GROUP ANNUAL SALARY RANGES 2013 & 2014 1/1/2013 Incumbents New Hires/Transferred after 11/1/07 Minimum Maximum Minimum Maximum Assistant City Engineer 72,682 94,171 Assistant Finance Director 72,751 96,390 Assistant Finance Manager 65,475 85,380 Assistant Fire Chief/EMS Director 79,550 101,619 Assistant Fire Chief/Fire Marshal 79,550 101,619 Citizen Services Director/City Clerk 89,720 110,960 Deputy Police Chief 95,765 106,821 Finance Director 88,860 118,352 Finance Manager 80,806 107,372 Fire Chief 87,836 117,160 85,232 113,691 GIS Analyst 52,159 69,039 Human Resource Coordinator 58,795 78,052 57,980 76,968 IT Director 74,239 97,525 72,258 95,349 IT Technician 45,914 60,733 IT/Network Analyst 51,616 68,274 51,286 67,831 Parks & Recreation Development Director 91,818 111,991 Payroll Coordinator 49,522 66,172 Payroll Technician/Administrative Assistant 45,020 60,155 Police Chief 101,023 124,489 Police Lieutenant 89,651 104,059 87,126 102,122 Public Works Director/City Engineer 94,641 117,752 Sanitary Sewer/Fleet Mgmt./Parks Superintendent 71,485 92,464 Senior Administrative Assistant 47,000 60,016 Street Maintenance Superintendent 71,485 92,464 System/Network Engineer 66,301 79,893 Agenda Item J2 Attachment 5 Packet Page Number 241 of 280 26 APPENDIX A CONFIDENTIAL & SUPERVISORY GROUP ANNUAL SALARY RANGES 2013 & 2014 7/1/2013 Incumbents New Hires/Transferred after 11/1/07 Minimum Maximum Minimum Maximum Assistant City Engineer 73,408 95,112 Assistant Finance Director 73,478 97,353 Assistant Finance Manager 66,129 86,233 Assistant Fire Chief/EMS Director 80,345 102,635 Assistant Fire Chief/Fire Marshal 80,345 102,635 Citizen Services Director/City Clerk 90,617 112,069 Deputy Police Chief 96,722 107,889 Finance Director 89,748 119,535 Finance Manager 81,614 108,445 Fire Chief 88,714 118,331 86,084 114,827 GIS Analyst 52,680 69,729 Human Resource Coordinator 59,382 78,832 58,559 77,737 IT Director 74,981 98,500 72,980 96,302 IT Technician 46,373 61,340 IT/Network Analyst 52,132 68,956 51,798 68,509 Parks & Recreation Development Director 92,736 113,110 Payroll Coordinator 50,017 66,833 Payroll Technician/Administrative Assistant 45,470 60,756 Police Chief 102,033 125,733 Police Lieutenant 90,547 105,099 87,997 103,143 Public Works Director/City Engineer 95,587 118,929 Sanitary Sewer/Fleet Mgmt./Parks Superintendent 72,199 93,388 Senior Administrative Assistant 47,470 60,616 Street Maintenance Superintendent 72,199 93,388 System/Network Engineer 66,964 80,691 Agenda Item J2 Attachment 5 Packet Page Number 242 of 280 27 APPENDIX B CONFIDENTIAL & SUPERVISORY GROUP ANNUAL SALARY RANGES 2013 & 2014 2014 New Hires/Transferred after 11/1/07 Incumbents Minimum Maximum Minimum Maximum Assistant City Engineer 74,876 97,014 Assistant Finance Director 74,947 99,300 Assistant Finance Manager 67,451 87,957 Assistant Fire Chief/EMS Director 81,951 104,687 Assistant Fire Chief/Fire Marshal 81,951 104,687 Citizen Services Director/City Clerk 92,429 114,310 Deputy Police Chief 98,656 110,046 Finance Director 91,542 121,925 Finance Manager 83,246 110,613 Fire Chief 90,488 120,697 87,805 117,123 GIS Analyst 53,733 71,123 Human Resource Coordinator 60,569 80,408 59,730 79,291 IT Director 76,480 100,470 74,439 98,228 IT Technician 47,300 62,566 IT/Network Analyst 53,174 70,335 52,833 69,879 Parks & Recreation Director 94,590 115,372 Payroll Coordinator 51,017 68,169 Payroll Technician/Administrative Assistant 46,379 61,971 Police Chief 104,073 128,247 Police Lieutenant 92,357 107,200 89,756 105,205 Public Works Director/City Engineer 97,498 121,307 Sanitary Sewer/Fleet Mgmt./Parks Superintendent 73,642 95,255 Senior Administrative Assistant 48,419 61,828 Street Maintenance Superintendent 73,642 95,255 System/Network Engineer 68,303 82,304 Agenda Item J2 Attachment 5 Packet Page Number 243 of 280 28 APPENDIX C 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 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 Agenda Item J2 Attachment 5 Packet Page Number 244 of 280 29 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. 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. 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. Some employees are also eligible for 50% of their sick leave balance when Agenda Item J2 Attachment 5 Packet Page Number 245 of 280 30 they leave. Eligibility for sick leave as severance varies by group with different maximum payouts depending on the group. For some groups there are different severance pay benefits dependent upon an employee’s start date. Employees who were hired before May 5, 2001, who are now on the annual leave program, will retain their eligibility for sick leave as severance (using the remaining deferred sick leave balance) under the same conditions as were in place before they elected annual leave. For example, if an employee was eligible for 50% of their sick leave balance - up to a cap of fifty (50) days - prior to electing annual leave, they will be eligible for 50% of their deferred sick leave balance up to fifty (50) days when they leave City service. 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 eighty (80) 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 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. Agenda Item J2 Attachment 5 Packet Page Number 246 of 280 2013-2014 LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND THE METRO SUPERVISORY GROUP Agenda Item J2 Attachment 6 Packet Page Number 247 of 280 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ........................................................................................................ 1 ARTICLE 2: RECOGNITION ............................................................................................................................. 1 ARTICLE 3: DEFINITIONS ................................................................................................................................ 1 ARTICLE 4: GROUP SECURITY ...................................................................................................................... 2 ARTICLE 5: EMPLOYER SECURITY ................................................................................................................ 3 ARTICLE 6: EMPLOYER AUTHORITY ............................................................................................................. 3 ARTICLE 7: WORK SCHEDULES ..................................................................................................................... 3 ARTICLE 8: MEAL AND REST PERIODS ......................................................................................................... 3 ARTICLE 9: PROBATIONARY PERIODS ......................................................................................................... 3 ARTICLE 10: SENIORITY ................................................................................................................................. 4 ARTICLE 11: JOB POSTING............................................................................................................................. 4 ARTICLE 12: DISCIPLINE ................................................................................................................................. 5 ARTICLE 13: GRIEVANCE PROCEDURE/ARBITRATION ............................................................................... 5 ARTICLE 14: ANNUAL LEAVE .......................................................................................................................... 6 ARTICLE 15: HOLIDAYS .................................................................................................................................. 7 ARTICLE 17: LEAVES OF ABSENCE ............................................................................................................... 7 ARTICLE 18: INJURY ON DUTY ....................................................................................................................... 8 ARTICLE 19: INSURANCE ............................................................................................................................... 9 ARTICLE 20: UNIFORMS ............................................................................................................................... 13 ARTICLE 21: TRAVEL AND MEAL ALLOWANCE .......................................................................................... 13 ARTICLE 22: PERSONNEL FILE .................................................................................................................... 13 ARTICLE 23: NONDISCRIMINATION ............................................................................................................. 13 ARTICLE 24: EDUCATION ............................................................................................................................. 13 ARTICLE 25: LEGAL DEFENSE ..................................................................................................................... 14 ARTICLE 26: WAGE SCHEDULE ................................................................................................................... 14 ARTICLE 27: SAFETY..................................................................................................................................... 15 ARTICLE 28: WAIVER .................................................................................................................................... 15 ARTICLE 29: SAVINGS CLAUSE ................................................................................................................... 15 ARTICLE 30: DURATION ................................................................................................................................ 16 APPENDIX A ................................................................................................................................................... 17 APPENDIX A ................................................................................................................................................... 18 APPENDIX C ................................................................................................................................................... 20 Agenda Item J2 Attachment 6 Packet Page Number 248 of 280 1 AR TICLE 1: PURPOSE OF AGREEMENT This Agreement entered into as of January 1, 2011 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called “Employer” and /or “City”, and Metro Supervisory GROUP hereinafter called the “Collective Bargaining Group” and/or “Group.” It is the intent and purpose of this agreement 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 agreements interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION The Employer recognizes the GROUP as the exclusive representative under Minnesota Statutes, Section 179A.03 Subd. 8 as an appropriate bargaining unit consisting of the following job classifications: Aquatic Program Manager Assistant Building Official Banquet & Events Manager Building Official Chief Building Engineer Citizen Services Supervisor Community Cetner Operations Manager Fitness Supervisor Lead Naturalist Member Services Supervisor Natural Resources Coordinator Park Maintenance Foreman Parks Manager Recreation Coordinator Recreation Program Specialist Recreation Manager Senior Planner ARTICLE 3: DEFINITIONS 3.1 Metropolitan Supervisory GROUP (GROUP) 3.2 Employer - The City of Maplewood, Minnesota. 3.3 Employee - A member of the exclusively recognized bargaining GROUP as set forth in Article 2 of this Agreement employed by the City of Maplewood. 3.4 Base Pay Rate - Employee's hourly pay rate exclusive of longevity pay or any other special allowances. Agenda Item J2 Attachment 6 Packet Page Number 249 of 280 2 3.5 Seniority - Employee's length of continuous service with the Employer. 3.6 Severance Pay - Payment made to an Employee upon termination of employment as provided in Article 19.7. 3.7 Grievance - A dispute or disagreem3ent as to the interpretation or application of the specific terms and conditions of this Agreement. 3.8 Regular Full-Time Employee - An Employee who is holding a position with the City of Maplewood, that is not temporary or seasonal in nature and is expected to work at least forty (40) hours per week. 3.9 Regular Part-Time Employee- An Employee who is holding a position with the City of Maplewood and is regularly expected to work more than fourteen (14) hours and less than thirty-six (36) hours per week but may work more hours on occasion. 3.10 Job Class Seniority – Employee’s length of continuous service in a job classification. 3.11 Exempt - Not covered by the federal and state Fair Labor Standards Act overtime requirements. 3.12 Non-Exempt - Covered by the federal and state Fair Labor Standards Act overtime requirements. ARTICLE 4: GROUP SECURITY In recognition of the GROUP as the exclusive representative, the Employer shall: 4.1 Deduct an amount sufficient per pay period to provide the payment of initiation fees established by the GROUP from the wages of all Employees who have authorized in writing such deduction. 4.2 Deduct fair share fees in accordance with Minnesota Statutes, Section 179A.06, Subd. 3 and remit such deduction, with an itemized statement, to the appropriate designated officer of the GROUP within ten (10) days following said deduction. 4.3 Deduct, each payroll period, an amount sufficient to provide the payment of dues established by the GROUP from the wages of all Employees who have authorized such deduction. Remit such deduction with an itemized statement to the appropriate designated officer of the GROUP within ten days following said deduction. 4.4 Furnish and maintain one (1) bulletin board, in a convenient place, in the Maplewood City Hall Building and in the Maplewood Community Center which may be used by the GROUP for posting proper notices and bulletins. 4.5 The GROUP may designate certain 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, without pay, to elected officials or appointed representatives of the exclusive representative for the purpose of conducting the duties of the GROUP and agrees to provide for reasonable leaves of absence, without pay, to elected or appointed officials of the GROUP as provided by Minnesota Statute 179A.07, Subd.6. 4.6 The GROUP agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this article. Agenda Item J2 Attachment 6 Packet Page Number 250 of 280 3 ARTICLE 5: EMPLOYER SECURITY The GROUP agrees that during the term of this Agreement the GROUP will not cause, encourage, participate in or support any strike, intentional slow-down or other interruption of or interference with the normal functions of the Employer. 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. ARTICLE 7: WORK SCHEDULES 7.1 The sole authority for determining work schedules is the Employer. The Employee, with the approval of the supervisor, may work a flexible schedule. 7.2 Service to the public may require the establishment of regular shifts other than the normal work day or work week. The Employer will give advance notice to Employees affected by the establishment of workdays different from the Employee's normal workday. 7.3 In the event that work is required because of unusual circumstances such as, but not limited to, fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal workday be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call-backs, if requested, unless unusual circumstances prevent him/her from so working. 7.4 Service to the public may require the establishment of regular workweeks that include work on Saturdays and/or Sundays. 7.5 Any permanent changes in the work schedule should be preceded with a four (4) week notice to the affected Employees. ARTICLE 8: MEAL AND REST PERIODS An Employee may take an unpaid one (1) hour meal period and two (2) fifteen (15) minute rest periods (with pay) during a normal workday at times determined by the Employer. Rest periods shall be taken at the site of working operations. ARTICLE 9: PROBATIONARY PERIODS 9.1 All newly hired or rehired Employees will serve a one (1) year probationary period. At any time during the probationary period a newly hired or re-hired Employee may be terminated at the sole discretion of the Employer. Agenda Item J2 Attachment 6 Packet Page Number 251 of 280 4 9.2 All Employees promoted or transferred will serve a one (1) year probationary period in any job classification in which the Employee has not served a probationary period. At any time during the probationary period a promoted or reassigned Employee may be reassigned to the Employee's previous position at the sole discretion of the Employer. 9.3 At any time during the first fifteen (15) calendar days of the probationary period a promoted Employee may be reassigned to the Employee's previous position at the discretion of the Employee. ARTICLE 10: SENIORITY 10.1 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 job class seniority in the following order: a. Probationary part-time Employees b. Probationary full-time Employees c. Regular part-time Employees d. Regular full-time Employees 10.2 Employees shall be recalled from layoff according to their job classification 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 Employer 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 to be eligible for re-employment. 10.3 Employees promoted or transferred outside the bargaining unit shall maintain their job classification seniority in the unit for thirty (30) days. 10.4 The Employer agrees to provide the GROUP, upon request, a seniority list not more than four (4) times per year. 10.5 For purposes of seniority, an Employee's continuous service record shall be interrupted through voluntary resignation, discharge for just cause and retirement. ARTICLE 11: JOB POSTING 11.1 The Employer and the GROUP agree that regular job vacancies or newly created job classifications within the designated bargaining unit shall be filled based on the concept of promotion from within, provided applicants: a. meet the qualifications of the job; and b. can perform the duties and responsibilities of the job. 11.2 The Employer has the right of final decision in the selection of Employees to fill jobs based on qualifications, abilities and experience. 11.3 Job vacancies within the designated bargaining unit will be posted for ten (10) working days so members of the bargaining unit can be given first consideration for such vacancies. Agenda Item J2 Attachment 6 Packet Page Number 252 of 280 5 ARTICLE 12: DISCIPLINE 12.1 The Employer will discipline Employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 12.2 Suspensions, demotions and discharges will be in written form. ARTICLE 13: GRIEVANCE PROCEDURE/ARBITRATION 13.1 It is recognized and accepted by the GROUP and the Employer that 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 GROUP 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 GROUP 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 an absence has been requested. 13.2 Any grievance or dispute between the parties relative to the application, meaning or interpretation of this Agreement shall be settled in the following manner: Step 1. The GROUP steward, with or without the Employee, shall present the grievance or dispute to the Employee's immediate supervisor within twenty-one (21) calendar days after such alleged violation has occurred; except in cases of discharge which must have a written grievance filed within five (5) working days after discharge of the Employee. The supervisor shall attempt to resolve 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 GROUP steward or his/her designee to the proper supervisor within fourteen (14) calendar days after the supervisor's response is due. The supervisor or his/her designee will respond to the GROUP 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 GROUP steward or his/her designee and GROUP business representative to the City Manager within fourteen (14) days after the supervisor's response is due. The City Manager or his/her designee will respond to the GROUP steward in writing within seven (7) calendar days. Step 4. If the grievance is still unsettled in accordance with Step 3, the GROUP 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 arbiter Agenda Item J2 Attachment 6 Packet Page Number 253 of 280 6 to be selected by the Employer and the GROUP within seven (7) calendar days after the GROUP requests such action. If the party fails to select an arbiter, the State Bureau of Mediation Services will be requested by either or both parties to provide a panel of seven (7) arbiters. Both the Employer and the GROUP shall have the right to strike three (3) names from the panel. The GROUP 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 arbiter. The decision of the arbiter shall be final and binding on the parties, and the arbiter shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of testimony and argument. Expenses for the arbiter's services and proceedings shall be borne equally by the Employer and the GROUP. However, each party shall be responsible for compensation of its own representative 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 arbiters. 13.3 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 GROUP may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the Employer and the GROUP without prejudice to either party. 13.4 Arbitrator's Authority - 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 GROUP, and shall have no authority to make a decision on any other issue not submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws. ARTICLE 14: ANNUAL LEAVE 19.1 The Employer and GROUP hereby incorporate the Annual Leave Program as adopted by the City Council on February 12, 2001, and as amended on September 23, 2002, into this Agreement. (See Appendix C) 19.2 All Employees, will accrue annual leave in accordance with the following schedule: Years of Service Annual Accrual Rates 1st through 4th years of service 19 days (152 hours per year) 5th through 11th years of service 24 days (192 hours per year) 12th through 20th years of service 29 days (232 hours per year) After 20 years of service 34 days (272 hours per year) 19.3 Annual leave will accrue on a pay-period basis for up to sixty-two (62) days. Employees can carry over up to their full balance of accrued annual leave as long as the total balance never exceeds the sixty-two (62)-day cap. No additional accrual will occur above the cap. Agenda Item J2 Attachment 6 Packet Page Number 254 of 280 7 ARTICLE 15: HOLIDAYS 15.1 Regular full-time Employees with at least thirty (30) calendar days of service, shall be compensated for a full eight (8) hour day pro-rated for regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week if the Employee is employed during any of the following holidays: DATE HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day 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 15.2 Exempt Employees shall receive time off at their regular rate of pay for all hours {up to eight (8) hours} worked on a holiday, in addition to the compensation provided in section15.1. These hours will be recorded on their timesheet and can be used as time off anytime that calendar year. If the hours earned are not used by the end of the year, they will be rescinded. Non-exempt Employees, who are required to work on a holiday, can take another day off that week, or be paid straight pay for all hours worked up to forty (40) and be paid time and a half for all hours worked above forty (40) during that week. When holidays fall on a Saturday or Sunday, the Employer shall designate the preceding Friday or following Monday as the "observed" holiday for Employer operations/facilities that are closed on holidays. Time off for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday not for the "observed" holiday. 15.3 Employees shall receive two (2) personal holidays per year. Personal holidays shall be pro-rated for regular part-time Employees who work (or are on payroll) twenty (20) or more hours per week. The date of such personal holiday shall be approved by the Employer. 15.4 The thirty (30) day waiting period required to be eligible for a paid holiday as noted in section 15.1 shall be waived, provided the Employee does not terminate employment within six (6) months from their start date. Employees who terminate employment within six (6) months shall reimburse the Employer for any holidays for which they were paid within the first thirty (30) days of their employment. ARTICLE 16: (RESERVED) ARTICLE 17: LEAVES OF ABSENCE The Employer agrees to provide regular full-time and regular part-time Employees the following leaves of absence with reasonable written notice from the Employee: 17.1 Military leave with pay for reserve training, not to exceed fifteen (15) working days per year, when ordered by the appropriate authorities. Agenda Item J2 Attachment 6 Packet Page Number 255 of 280 8 17.2 Jury duty leave, when such leave has been 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 dismissed more than two (2) hours prior to the end of the Employee's regularly scheduled shift, the Employee shall report to work. 17.3 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 types of educational leave. 17.4 A maximum of three (3) days of funeral leave, with pay, shall be extended to a regular full-time Employee upon the death of their spouse or another member of the immediate family of said Employee or his/her spouse (i.e. children, sons-in-law, daughters-in-law, grandchildren, parents, grandparents, brothers, sisters, legal guardian or individuals who are under an Employee's or spouse's legal guardianship) for attendance at the funeral or other demonstrated need in relation thereto. The actual time off, and the number of hours of funeral leave approved, will be determined by the supervisor depending on the individual arrangements to be made, distance to the funeral, etc. Funeral leave provided in accordance with this article will be pro-rated for part-time Employees. ARTICLE 18: 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. 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. Agenda Item J2 Attachment 6 Packet Page Number 256 of 280 9 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 19: INSURANCE 19.1 Health Insurance – For all full-time employees hired prior to December 31, 2012, 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/Essential 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/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential 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. f. The Medica Program provides for an Employee Wellness Program called CorePlus. Employee participation in CorePlus provides a mutual benefit for Employer and Employee in rate cap reduction. A goal of 75% participation in CorePlus is established for 2013. 19.2 For all employees hired 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/Essential 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 towards the monthly premiums for other such plans for single coverage, and an amount equal to Agenda Item J2 Attachment 6 Packet Page Number 257 of 280 10 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. 1. For newly hired employees, who have successfully completed one year of employment, the contribution shall be $1,800. iii. $2,700 annually into a HRA for those employees who elect family coverage. 1. For newly hired employees, who have successfully completed one year of employment, the contribution for family coverage shall be $2,800. iv. 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. 2014 Health Care Costs/Contributions 19.3 The City shall match the health insurance rate contribution formulas and HRA contributions defined within this contract for 2013 if 60% of those employees determined to be “active employees” (non COBRA) plus one additional person achieve participation in the Core Plus/ Scorecard program as determined by Medica through November 30, 2013 or substantial progress toward such participation is made by the employees as determined by the City 1; or, if health care cost increases for the City for any Health Care plan selected by the Labor-Management Health Care Committee, including renewal of Medica Elect/Essential and Medica Choice, do not exceed 4.0%. 19.4 If CorePlus Participation in 2013 fails to meet the 60% plus one person goal for participation and health care cost increases are more than 4.0% and the City determined that employees did not make substantial progress then the following shall apply for 2014 Employee Health Insurance Costs. 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 lowest cost 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 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 1In no event shall the City’s determination of what constitutes substantial progress be more restrictive than Medica’s, rather it is anticipated that this will allow the City to be more liberal in making such determination. Additionally, the City will make its determination based on the raw data available to it through Medica, there will be no requirement of any employee to share any protected health information with the City as the City will continue to adhere to HIPPA regulations regarding the protection of personal health information. In making its determination of whether substantial progress has been made, the City will only consider information from the three main categories that are applicable to everyone; specifically the City shall review improvement in the categories of biometric screenings, personal health profiles and 8 health topics and goals. Agenda Item J2 Attachment 6 Packet Page Number 258 of 280 11 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. ii. $1,750 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. iii. $3,000 annually into a HRA for those employees who elect family coverage. a. 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. 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. b. For all employees hired after January 1, 2013, the following shall apply i. 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 lowest cost 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 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: 1. $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. 2. $1,500 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. a. For newly hired employees, who have successfully completed one year of employment, the contribution shall be $1,600. 3. $2,200 annually into a HRA for those employees who elect family coverage. a. For newly hired employees, who have successfully completed one year of employment, the contribution shall be $2,300. 4. 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. Any changes that are presented at renewal will be discussed during the Labor-Management Committee process. These benefits apply to full-time Employees only. In addition to the contribution for full-time Employees, the Employer will pay fifty-percent (50%) of the cost of the Employee (single) premium for HDHP for Regular Part Time Employees who work (and are on payroll) thirty (30) or more hours per week. These Employees are responsible for paying all costs beyond the aforementioned contribution by the Employer. Regular part-time Employees with this status may purchase dependent coverage at their own cost. Agenda Item J2 Attachment 6 Packet Page Number 259 of 280 12 19.5 The Employer shall pay one-hundred percent (100%) of the cost of Employee (single) dental coverage for full-time Employees. 19.6 As permitted, the Employer shall provide an IRS-125 Plan that shall be used for the Employee's health and dental insurance premiums. 19.7 The Employer shall provide a life insurance policy for each full-time Employee with a benefit value equal to one-hundred percent (100%) of the Employee’s regular annual salary, to a maximum of forty five thousand dollars ($45,000) for 2013 and to a maximum of fifty thousand ($50,000) for 2014. 19.8 The Employer will provide, and pay for, long-term disability insurance for each Employee. Such long- term disability insurance shall be coordinated with other benefits provided in the contract. Employees are not eligible for vacation, sick leave, and annual leave accrual while receiving Long-Term Disability payments, except for those hours the Employee appears on the payroll using accrued leave. Coverage shall also be provided to regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week. 19.9 The Employer agrees to provide optional, Employee-paid short-term disability insurance coverage for Employees on payroll twenty (20) or more hours per week. 19.10 The Employer agrees to provide a retiree health savings plan with the following specifications: 1. Benefits paid to the Employees will be limited to insurance premiums and out-of-pocket expenses determined eligible by the Internal Revenue Service. 2. The Retiree Health Savings plan will be funded with annual deposits as follows: a. Employees shall have the cash value of all vacation hours, in excess of the carryover limit (1.5 times annual accrual), deposited into the Retiree Health Savings plan. (If an Employee uses all of their earned vacation that year or their balance did not exceed the required carryover limit, no funds will be paid into the plan.) b. All Employees will have the cash value of all personal holiday hours, unused as of December 31st deposited into their Retiree Health Savings plan. 3. The Retiree Health Savings plan will be funded by the Employee’s severance pay as follows: a. One-hundred percent (100%) of accrued annual leave (and personal holidays, if any balance remains) will be deposited into the Retiree Health Savings plan if the Employee is at least age fifty (50) and their annual leave balance is at least one- hundred fifty (150) hours at the time of separation from service. If the Employee is under age fifty (50) or the annual leave balance is less than one-hundred fifty (150) hours, no funds will be paid into the plan. b. One-hundred percent (100%) of accrued vacation (and personal holidays, if any balance remains) will be deposited into the Retiree Health Savings plan if the Employee is at least age fifty (50) and their annual leave balance is at least one- hundred fifty (150) hours at the time of separation from service. If the Employee is under age fifty (50) or the annual leave balance is less than one-hundred fifty (150) hours, no funds will be paid into the plan. c. Those Employees who qualify to fund the Retiree Health Savings plan with some or all of their accumulated sick leave (i.e. Tom Ekstrand) will have deposited into the plan, at the time of separation from service, up to one-half (1/2) of any eligible accumulated sick leave, with a maximum allowance of fifty (50) days. Agenda Item J2 Attachment 6 Packet Page Number 260 of 280 13 ARTICLE 20: UNIFORMS Employees who are required to wear Community Center-provided uniform tops will be given two uniform tops per year. Additional uniform tops will be available for purchase by Employees at the actual cost paid by the Employer. The Employer will, for the Chief Building Engineer, reimburse up to $165.00 per year, toward the cost of safety-toed boots and shall provide and maintain all uniforms required for work. The Employer shall also pay Sixty Dollars ($60.00) per year in 2013 and Seventy Dollars ($70.00) in 2014 towards the cost of shoes for the Fitness Coordinator for shoes that are deemed by the Employer to be required by that position. ARTICLE 21: TRAVEL AND MEAL ALLOWANCE 21.1 Excluding Employees who receive a mileage allowance, the Employer agrees to pay mileage reimbursement at the current Employer-approved rate to Employees, required by the Employer, to use their private vehicles for official business. 21.2 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 22: PERSONNEL FILE 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 material related to a disciplinary action against an employee will be removed from the file after five (5) years, if no further disciplinary action has been taken. ARTICLE 23: 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. 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 24: EDUCATION 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%) Agenda Item J2 Attachment 6 Packet Page Number 261 of 280 14 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. ARTICLE 25: LEGAL DEFENSE Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and Court costs actually incurred by such Employee in defending against such charge. ARTICLE 26: WAGE SCHEDULE A general wage increase of one percent (1.0%) effective January 1 2013 and another one percent (1%) effective July 1, 2013 shall be provided to all positions represented by the GROUP, A general wage increase of two percent ( 2%) shall be effective January 1, 2014 to all positions represented by the GROUP. Salary Ranges – (See Appendices A & B for 2013 and 2014 pay rates.) The salary ranges have seven (7) steps – each five percent (5%) apart. Employee’s actual salaries may fall between steps. Movement within the range is based on a combination of time in position and performance. Employees will be eligible for a five percent (5%) increase once per year on their anniversary date until they reach the top salary for their respective job classification. If an Employee receives a performance rating 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 who did not receive a rating below satisfactory (good) will automatically receive a five percent increase on their anniversary – unless the five percent increase would bring them above the maximum for their pay range. Unless agreed to by the Employer and the Employee no employee can be paid more than the maximum for their pay ranges. Employees will normally be hired at Step 1 of the pay range. Exceptions require approval by the City Manager. Employees who are promoted will move to a pay rate, which gives them an increase over their pre-promoted pay rate. In addition to the above pay rates, the Employer will contribute to each full-time Employee an amount equal to three and one quarter percent (3.25%) of their regular salary to be deposited into a deferred compensation account. Regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week will receive a pro-rated amount deposited into a deferred compensation account under the same conditions as full- time Employees. In order to receive the contribution to deferred comp all employees must match the contribution from the City. Agenda Item J2 Attachment 6 Packet Page Number 262 of 280 15 ARTICLE 27: SAFETY 28.1 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. 28.2: Safety Committee The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 28: WAIVER 29.1 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. 29.2 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. 29.3 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 29: 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. Agenda Item J2 Attachment 6 Packet Page Number 263 of 280 ARTICLE 30: DURATION This AGREEMENT shall be effective as of January 1, 2013, and shall remain in full force and effect until the thirty-first (31st) day of December 2014. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 20 . FOR THE CITY: FOR THE GROUP: ___________________________________ ___________________________________ Mayor ___________________________________ ___________________________________ City Manager ___________________________________ ___________________________________ Labor Relations Attorney Agenda Item J2 Attachment 6 Packet Page Number 264 of 280 17 APPENDIX A METRO SUPERVISORY GROUP 2013 PAY RATES (Jan-June) PAY RATES STEP STEP STEP STEP STEP STEP STEP 1 2 3 4 5 6 7 AQUATIC PROGRAM MANAGER 23.91 25.12 26.36 27.67 29.08 30.53 32.05 ASST BUILDING OFFICIAL 29.67 31.15 32.70 34.35 36.06 37.86 39.76 BANQUET & EVENTS MANAGER 25.93 27.23 28.59 30.02 31.52 33.10 34.74 BUILDING OFFICIAL 35.09 36.83 38.68 40.61 42.64 44.77 46.56 CHIEF BLDG ENG 29.41 30.88 32.42 34.03 35.72 37.52 39.41 CITIZENS SERVICES SUPERVISOR 27.70 29.10 30.54 32.06 33.66 35.36 37.12 COMM CENTER OPERATIONS MGR 30.45 31.98 33.57 35.26 37.02 38.86 40.81 FITNESS SUPERVISOR 23.91 25.12 26.36 27.67 29.08 30.53 32.05 LEAD NATURALIST 24.22 25.44 26.71 28.04 29.45 30.92 32.47 MEMBER SERVICES COORDINATOR 19.43 20.40 21.42 22.49 23.61 24.80 26.05 NATURAL RESOURCES COORD 29.67 31.15 32.70 34.35 36.06 37.86 39.76 PARK MAINT FOREMAN 29.41 30.88 32.42 34.03 35.72 37.52 39.41 PARKS MANAGER 30.45 31.98 33.57 35.26 37.02 38.86 40.81 RECREATION PROGRAM SPECIALIST 18.49 19.42 20.39 21.41 22.48 23.60 24.79 RECREATION MANAGER 30.45 31.98 33.57 35.26 37.02 38.86 40.81 RECREATION COORDINATOR 21.77 22.86 24.02 25.22 26.47 27.80 29.19 SENIOR PLANNER 35.28 37.05 38.91 40.84 42.88 45.04 46.82 Agenda Item J2 Attachment 6 Packet Page Number 265 of 280 18 APPENDIX A METRO SUPERVISORY GROUP 2013 PAY RATES (July-Dec) PAY RATES STEP STEP STEP STEP STEP STEP STEP 1 2 3 4 5 6 7 ACTIVITIES COORDINATOR 19.63 20.61 21.64 22.72 23.85 25.04 26.31 AQUATIC PROGRAM MANAGER 24.15 25.37 26.62 27.95 29.37 30.84 32.37 ASST BUILDING OFFICIAL 29.97 31.46 33.03 34.69 36.42 38.24 40.16 BANQUET & EVENTS MANAGER 26.19 27.50 28.88 30.32 31.84 33.43 35.09 BUILDING OFFICIAL 35.44 37.20 39.07 41.02 43.07 45.22 47.03 CHIEF BLDG ENG 29.71 31.18 32.75 34.37 36.08 37.90 39.80 CITIZENS SERVICES SUPERVISOR 27.98 29.39 30.85 32.38 34.00 35.71 37.49 COMM CENTER OPERATIONS MGR 30.76 32.30 33.91 35.61 37.39 39.25 41.22 FITNESS SUPERVISOR 24.15 25.37 26.62 27.95 29.37 30.84 32.37 LEAD NATURALIST 24.46 25.70 26.98 28.32 29.75 31.23 32.80 MEMBER SERVICES COORDINATOR 19.63 20.61 21.64 22.72 23.85 25.04 26.31 NATURAL RESOURCES COORD 29.97 31.46 33.03 34.69 36.42 38.24 40.16 PARK MAINT FOREMAN 29.71 31.18 32.75 34.37 36.08 37.90 39.80 PARKS MANAGER 30.76 32.30 33.91 35.61 37.39 39.25 41.22 FITNESS & OPERATIONS MANAGER 28.53 29.96 31.46 33.03 34.68 36.41 38.23 RECREATION PROGRAM SPECIALIST 18.68 19.62 20.60 21.63 22.71 23.84 25.03 RECREATION MANAGER 30.76 32.30 33.91 35.61 37.39 39.25 41.22 RECREATION COORDINATOR 21.98 23.08 24.26 25.47 26.74 28.07 29.48 REC SUPERINTENDANT 26.57 27.89 29.29 30.76 32.30 33.91 35.60 SENIOR PLANNER 35.63 37.42 39.29 41.25 43.31 45.49 47.29 Agenda Item J2 Attachment 6 Packet Page Number 266 of 280 19 APPENDIX B METRO SUPERVISORY GROUP 2014 PAY RATES STEP STEP STEP STEP STEP STEP STEP 1 2 3 4 5 6 7 ACTIVITIES COORDINATOR 20.02 21.02 22.07 23.17 24.33 25.54 26.83 AQUATIC PROGRAM MANAGER Horwath 24.63 25.88 27.16 28.51 29.96 31.45 33.02 ASST BUILDING OFFICIAL Carver 30.57 32.09 33.69 35.39 37.15 39.01 40.96 BANQUET & EVENTS MANAGER Penn 26.71 28.05 29.46 30.92 32.47 34.10 35.79 BUILDING OFFICIAL Fisher 36.15 37.95 39.85 41.84 43.93 46.13 47.97 CHIEF BLDG ENG Farr 30.30 31.81 33.40 35.05 36.80 38.65 40.60 CITIZENS SERVICES SUPERVISOR Schmidt 28.54 29.98 31.46 33.03 34.68 36.43 38.24 COMM CENTER OPERATIONS MGR Horwath 31.37 32.94 34.59 36.32 38.13 40.04 42.05 FITNESS SUPERVISOR Resendiz 24.63 25.88 27.16 28.51 29.96 31.45 33.02 LEAD NATURALIST Hutchinson 24.95 26.21 27.52 28.88 30.34 31.85 33.45 MEMBER SERVICES COORDINATOR Glass 20.02 21.02 22.07 23.17 24.33 25.54 26.83 NATURAL RESOURCES COORD Gaynor 30.57 32.09 33.69 35.39 37.15 39.01 40.96 PARK MAINT FOREMAN Maruska 30.30 31.81 33.40 35.05 36.80 38.65 40.60 PARKS MANAGER Taylor 31.37 32.94 34.59 36.32 38.13 40.04 42.05 FITNESS & OPERATIONS MANAGER 29.10 30.56 32.09 33.69 35.38 37.14 39.00 RECREATION PROGRAM SPECIALIST Anzaldi 19.05 20.01 21.01 22.06 23.16 24.32 25.53 RECREATION MANAGER Robbins 31.37 32.94 34.59 36.32 38.13 40.04 42.05 RECREATION COORDINATOR Breneman 22.42 23.55 24.74 25.98 27.27 28.63 30.07 REC SUPERINTENDANT N/A 27.11 28.45 29.87 31.37 32.94 34.59 36.31 SENIOR PLANNER Ekstrand 36.34 38.17 40.08 42.08 44.18 46.40 48.24 Agenda Item J2 Attachment 6 Packet Page Number 267 of 280 20 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 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 Agenda Item J2 Attachment 6 Packet Page Number 268 of 280 21 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. 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. Some employees are also eligible for 50% of their sick leave balance when they leave. Eligibility for sick leave as severance varies by group with different maximum payouts depending on the group. For some groups there are different severance pay benefits dependent upon an employee’s start date. Agenda Item J2 Attachment 6 Packet Page Number 269 of 280 22 Employees who were hired before May 5, 2001, who are now on the annual leave program, will retain their eligibility for sick leave as severance (using the remaining deferred sick leave balance) under the same conditions as were in place before they elected annual leave. For example, if an employee was eligible for 50% of their sick leave balance - up to a cap of fifty (50) days - prior to electing annual leave, they will be eligible for 50% of their deferred sick leave balance up to fifty (50) days when they leave City service. 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 eighty (80) 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 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 Agenda Item J2 Attachment 6 Packet Page Number 270 of 280 AGENDA NO. J3 AGENDA REPORT TO: James Antonen, City Manager FROM: Charles Ahl, Assistant City Manager SUBJECT: Approval of Contract Extension through 2014 for HR Attorney services with Charles Bethel DATE: March 4, 2013 INTRODUCTION/ BACKGROUND The City of Maplewood has retained the services of Chuck Bethel as the Human Resources Attorney since approximately September 2006. Mr. Bethel is currently operating under a contract that was approved on April 9, 2012. The current agreement with Mr. Bethel expires on March 31, 2013. Given the recent decision to extend attorney services through the end of 2014, and to conduct a review and possible request for proposal [RFP] process in 2014, so that attorney services are reviewed, with the potential for new or revised service beginning in 2015, it is appropriate to extend to contract with Mr. Bethel through the end of 2014. There is no proposed increase in compensation for the service, just an extension of hours and terms through December 2014. The attached contract extension proposes Mr. Bethel to continue providing 1,040 hours per year [or half time] and to office at City Hall at least two days per week. The effective date of the contract will be from April 1, 2013 and will extend through the end of December 2014. The proposed cost for Mr. Bethel’s services is to remain at $7,000 per month, or $84,000 per year. In addition, the City provides Mr. Bethel with a membership at the Maplewood Community Center. Similar to Mr. Kantrud, Mr. Bethel rents office space from the City and is provided with printers and office supplies, as well as administrative support. He is billed an amount of $300 per month for these services. All costs for Mr. Bethel’s services during the remainder of 2013 are budgeted at this level. With no increase proposed for services in 2014, that cost will remain in the 2014 Budget when it is prepared. RECOMMENDATION It is recommended that the City Council approve the attached contract extension with Charles Bethel for the remainder of 2013 to December 31, 2014 as Human Resources Attorney and authorize the Mayor and City Manager to execute said contract. Attachments: 1. Contract for Attorney Services Packet Page Number 271 of 280 1 City of Maplewood Contract for Attorney Services This AGREEMENT entered into this ___ day of _______, 2013, (the “Effective Date”) by and between the City of Maplewood, Minnesota (hereinafter referred to as “City”) and Charles E. Bethel (hereinafter referred to as “Bethel” or “Attorney”). WHEREAS, in 2006 the City originally put forth a Request for Proposals (“RFP”) to contract out its legal services for 2 years and in response to that RFP retained Attorney as its City Attorney for Human Resources, Employment and Labor Relations on or about September 11, 2006; and WHEREAS, the City has found Attorney’s performance as City Attorney to be competent and professional and has continued to retain his services; and WHEREAS, the City’s original term of two years as set forth in the RFP expired, as has the extensions of the contract through 2012; and WHEREAS, the City believes it is in the best interests of the City to maintain consistency in its legal representation; and WHEREAS, Attorney is agreeable to renewing said contract with the City pursuant to the understated proposed terms and conditions NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties The City hereby agrees to retain Attorney as the City Attorney for Human Resources, Employment and Labor Relations to perform the functions and duties of City Attorney and such other legally permissible and proper functions and duties as the City Manager and City Council from time to time shall assign. Said duties shall be consistent with and guided by the course-of-conduct established through the previous period of representation, and the parties hereto agree that Attorney shall be available up to 20 hours per week and generally perform at the same level and in the same manner that he has in the past with regard to contract negotiations, drafting and final editing of the labor agreements with all the collective bargaining units for the City. Effective upon approval of this agreement by the City Council, Attorney shall generally be available in a City Hall office for a period of up to 20 hours per week, which shall be established as a minimum average of two full work days per normal work week, which shall include at least Tuesday of each week, plus one regularly scheduled other work day to be established. Additional days as required for office hours in Maplewood shall be as necessary to accomplish tasks as assigned by the Assistant City Manager and/or Human Resources Coordinator. Should such additional office hours exceed 25 hours per week on an extended and/or continuing basis, then the City shall pay Attorney $125.00 per hour for Agenda Item J3 Attachment 1 Packet Page Number 272 of 280 2 such hours over 25 per week, so long as such additional hours and payment has been approved by the City Manager or Assistant City Manager. Section 2. Term It is agreed the term of services shall be April 1, 2013 through March 31, 2014. Section 3. Salary The City agrees to pay Attorney for his services rendered pursuant hereto at an annual base rate of $84,000 per year, payable to attorney in the same manner as it is currently paid - in monthly installments of.$7,000. City shall rent Attorney a large office space including computer, printer, fax and normal office services and supplies for $300.00 per month, but Attorney shall provide his own cell phone. The City shall also provide Attorney a single membership at the Maplewood Community Center (MCC) so long as Attorney maintains usage of the MCC in the same manner as required by other employees. General Provisions A. The text herein shall constitute the entire Agreement between the parties hereto. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Attorney. C. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid or unenforceable, it shall be deemed severable and the remainder of this Agreement shall not be affected and shall remain in fill force and effect. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of Attorney at any time, because of malfeasance, nonfeasance or gross misconduct. IN WITNESS WHEREOF, the parties here to have signed and executed this Agreement, both in duplicate, effective on the day and year first above written. CITY OF MAPLEWOOD ATTORNEY _____________________ ________________________ Jim Antonen, City Manager Charles E. Bethel _____________________ Will Rossbach, Mayor Agenda Item J3 Attachment 1 Packet Page Number 273 of 280 Agenda Item J4 Attachment 1. Phase 2 project drawing AGENDA REPORT TO: City Manager, Jim Antonen FROM: IT Director, Mychal Fowlds SUBJECT: Consider Authorization for Improvements at 1830 County Road B East – Police Department Expansion Project Phase 2 – Investigations & Server Room Relocation DATE: March 5, 2013 Introduction On March 2, 2012, the City Council adopted as their Number One Goal for 2012 – 2013: PUBLIC SAFETY Develop and commit to a plan for meeting the space needs of the police department. At the June 25th Work Session discussion on this item, the Council directed staff to begin planning for implementation of this goal beginning later in 2012, including the possibility of a sale of CIP Bonds in 2013. On July 9th, the Council approved the preparation of architectural drawings for the Police Expansion and relocation of departments at City Hall as the first steps in the process. The first phase of the improvements is the construction of new offices for Public Works personnel and the relocation of the Community Development staff to 1902 E. County Road B, the Public Works Building. This work is currently underway. We are now prepared to bring the next phase to Council which moves the Investigations Division and the IT server room from their current locations in the Police Department to the City Hall side. Background During 2011, the City Council authorized preparation of a study of space needs within the Police Department. The architect performing the study, Larry Koch, of SEH, Inc. provided a summary of the findings and options for expanding the Police Department. That report was finalized and approved by the Council. On February 6, 2012, the City Council reviewed the various options for expansion, including a full project expansion that was the preferred plan of the Police Department and then Chief of Police David Thomalla, but was estimated to cost in excess of $8.5 million. After much discussion, the Council directed staff to proceed with a plan for using existing City Hall space and relocating some of the City departments to other City Campus facilities that reduced the project cost to approximately $4.3 million. On March 2, 2012, the City Council continued the discussion of the City facility needs and directed staff to proceed with implementation by making Public Safety facilities one of their top goals for staff to implement during 2012 – 2014. A CIP Bond for both the 3M Fire Station and the Police Department Expansion was proposed, but not approved for final sale of the bonds. As noted, on June 25, 2012, the Council gave direction to staff to proceed with a CIP Bond proposal that would include $4.3 million for the Police Department Expansion. A Public Hearing on the Capital Improvement Plan revision and the CIP Bond sale was held on November 26, 2012 with both being approved by the City Council. With the office space currently being utilized by our Community Development and Parks and Recreation staff soon to be vacated we are now ready to move forward with Phase 2. Phase 2 of the project involves relocating the Investigations Division from their current location in the Police Department to the space that Packet Page Number 274 of 280 Agenda Item J4 Attachment 1. Phase 2 project drawing will be vacated by Community Development. This will provide our Investigations Division additional space while vacating space in the Police Department that will be repurposed. Phase 2 also involves relocating the IT Departments server room from the Police Department to the City Hall side as well. The current server room was never meant to be a server room and this space needs to be reclaimed for the Police Department remodeling. Budget Impact This project has been planned for and will be funded from the Police Department Expansion Project fund. Recommendation It is recommended that the City Council approve a project as “Improvements at 1830 County Road B East – Police Department Expansion Project Phase 2 – Investigations & Server Room Relocation” not to exceed $650,000 and which will be located at 1830 County Road B East; approve the plans for the construction work as prepared by the Project Architect from SEH, Inc. and authorize the receipt of project bids for said construction work on April 11, 2013 at 9:00 am according to standard city practice for bid openings. Action Required Submit to City Council for review and approval. Packet Page Number 275 of 280 Packet Page Number 276 of 280 Item J5 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: March 6, 2013 SUBJECT: Approval of Penalties for Tobacco Compliance Failures Introduction The City of Maplewood conducts compliance checks on all tobacco license holders at least twice a year. In October of 2012, the attached businesses failed the compliance check by selling tobacco to an underage buyer and were issued a criminal complaint for that offense which has been prosecuted. Background When the city council began performing tobacco and alcohol compliance checks in 2000, they opted not to have a strict guideline for penalties because some compliance failures are more egregious and warrant stricter penalties. While the city does not have specified fines for cigarette and tobacco compliance failures, past practice has been to adhere to the following guidelines for imposing penalties for tobacco: first offense $250, second offense $500 and the third offense $750. For a third violation at the same location within 24 months after the initial violation, the licensee's authority to sell tobacco at that location must be suspended for not less than seven days per Minn. Stat. § 461.12, subd. 2. For alcohol compliance failures, past practice has been to follow State guidelines of imposing a penalty of $500 for the first offense, $1,000 for the second offense, $2,000 if there is a third offense and then suspension or possible revocation of the license. In January of 2005 the city council implemented an incentive program that includes a one-time 5% discount on the annual intoxicating liquor license fee after remaining violation free for five consecutive years. If after receiving a penalty and remaining violation free for five consecutive years the violation would be removed from their compliance failure record. Attached is a statistical history of compliance failures for those establishments that have failed tobacco compliance checks that have yet to come before council for an administrative penalty. Following past practice in imposing fines, I have listed what staff is proposing for f ines for the current failures. All establishments have been notified of the proposed civil penalty against them and were requested to attend the March 11, 2013 council meeting. Consideration Council consideration for the attached penalties is requested. Attachment 1: Compliance Failure List Packet Page Number 277 of 280 City of Maplewood Compliance Failure List DATE PRINTED: 2/21/2013 PAGE 1 OF 1 BUSINESS NAME - ADDRESS COMPLIANCE FAILURE COMPLIANCE DATE STATUS COURT DATE STAFF RECOMMENDATION COUNCIL ACTION FLEMINGS AUTO SERVICE - 2271 WHITE BEAR AVE N TOBACCO 10/19/2012 PENDING - COUNCIL ACTON 11/26/2012 PROPOSED $250 FINE HOLIDAY - 280 S MCKNIGHT ROAD TOBACCO 10/19/2012 PENDING - COUNCIL ACTION PROPOSED $750 FINE TOBACCO 07/13/2010 COMPLETED 09/13/2010 PROPOSED $500 FINE 01/10/2011 - APPROVED $500 FINE TOBACCO 12/16/2008 COMPLETED 02/09/2009 PROPOSED $250 FINE 03/22/2010 - APPROVED $250 FINE MADDIE'S MARKET - 1690 MCKNIGHT RD N TOBACCO 10/19/2012 PENDING - COUNCIL ACTION MINOR-CONFIDENTIAL PROPOSED $250 FINE Packet Page Number 278 of 280 Agenda L1 AGENDA REPORT TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services SUBJECT: Consideration to Reschedule April 22, 2013 Council Meeting DATE: March 6, 2013 SUMMARY The second regularly scheduled city council meeting for the month of April is scheduled to be held on April 22, 2013. Numerous Department Heads including the City Manager and the Assistant City Manager will be attending Federal Emergency Management Agency (FEMA) training and will not be available for the meeting. The training is mandatory and is being paid for by Ramsey County Emergency Management as part of their Homeland Security Program. Staff is requesting that the April 22nd meeting be rescheduled to the fifth Monday of the month which is April 29, 2013. RECOMMENDATION Staff recommends that the April 22nd council meeting be rescheduled to the fifth Monday of the month and be held on April 29, 2013. Packet Page Number 279 of 280 Agenda L2 AGENDA REORT TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services SUBJECT: Consideration to Cancel April 1, 2013 Council Manager Workshop DATE: March 6, 2013 SUMMARY Currently, staff does not have any time sensitive matters that would call for the need of a Council Manager Workshop on Monday, April 1st. Because of this, staff recommends canceling the April 1, 2013 Council Manager Workshop. RECOMMENDATION Staff recommends the cancellation of the Council Manager Workshop on April 1, 2013. Packet Page Number 280 of 280