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HomeMy WebLinkAbout2019-03-25 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,March 25, 2019 City Hall, Council Chambers Meeting No.06-19 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C.ROLL CALL D.APPROVAL OF AGENDA E.APPROVAL OF MINUTES 1.March 11, 2019City Council Workshop Minutes 2.March 11, 2019City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update 2.Council Presentations 3.Resolution for Commission Appointments 4.Resolution of Appreciation for John Donofrio, Planning Commission 5.Resolution of Appreciation for Ryan Ries, Environmental and Natural Resources Commission 6.Parks & Recreation Commission 2018 Annual Report 7.City Attorney 2018 Annual Report 8.Intranet Overview 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.Budgeted Debt Service Transfers for 2019 3.2019-2020 Collective Bargaining Agreement with AFSCME 4.Resolution of Adoption of the Ramsey County Multi-Hazard Mitigation Plan 5.Authorize Ramsey County to Perform 2019 Street Striping 6.Authorize Bituminous Material Purchase for 2019 Season 7.Resolution Accepting Donation from St. Paul Area Association of REALTORS® (SPAAR) 8.Memorandum of Agreement with Urban Roots to Establish Native Seed Plots at Harvest Park 9.Wakefield Park Community Building Rental Fees and Policies H.PUBLIC HEARINGS–If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. 1.Ordinance Amendment to Require Abandoned Signs to be Removed a.Public Hearing b.Ordinance Amending Sign Regulations of Zoning Chapter c.Resolution Authorizing Publication of Ordinance by Title andSummary (4 votes) 2.Ordinance Amendment to Require Developer Open House Meeting a.Public Hearing b.Ordinance Amending Subdivisions and Zoning Chapters c.Resolution Authorizing Publication of Ordinance byTitle andSummary (4 votes) I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Wetland Buffer Variance Resolution for an Addition to a Single Family Home, 1603 Mary Street North 2.Wetland Buffer Variance Resolution for a New Single Family Home, 2657 Geranium Avenue East K.AWARD OF BIDS None L.ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings -elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other councilmembers or citizens -unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of councilmembers, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCILWORKSHOP 5:45P.M. Monday, March 11, 2019 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 at5:45 p.m.byMayor Abrams B.ROLL CALL Marylee Abrams,MayorPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberPresent Sylvia Neblett, CouncilmemberPresent Bryan Smith,CouncilmemberPresent C.APPROVAL OF AGENDA Councilmember Smith moved to approve the agenda as submitted. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Maplewood Nature Center Master Plan City Manager Coleman introduced the staff report. Lead Naturalist Hutchinson gave some background information on the Nature Center Master Plan and introduced Bryan Harjes, from Hoisington Koegler. Mr. Harjesaddressed the council and gave the presentationon the Nature Center Master Plan.Lead Naturalist Hutchinson answered questions of the council. 2.Commission & Board Interviews Mayor Abrams explained the interview process to the councilmembers. The following candidates were interviewed: Joe Gould Chonburi Lee Lue Yang F.ADJOURNMENT Mayor Abramsadjourned the meeting at 6:45 p.m. March 11, 2019 1 City Council Workshop Minutes Packet Page Number 1 of 179 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,March 11, 2019 City Hall, Council Chambers Meeting No. 05-19 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at7:01 p.m. byMayor Abrams. Mayor Abrams highlighted some of the articles in the March 2019 edition of Maplewood Living. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberPresent Sylvia Neblett, CouncilmemberPresent Bryan Smith, CouncilmemberPresent D.APPROVAL OF AGENDA Road Drainage Pulse Point Trash & Recycling Cart Placement Regional Council of Mayors Rental Licensing Meeting Police Ride Along Rush Line CouncilmemberNeblett moved to approve the agenda as amended. Seconded by CouncilmemberJuenemannAyes – All The motion passed. E.APPROVAL OF MINUTES 1.Approval of February 25, 2019 City Council WorkshopMinutes Councilmember Neblett moved to approve the February 25, 2019City Council Workshop Minutesas submitted. Seconded by CouncilmemberSmithAyes – All The motion passed. 2.Approval of February 25, 2019City Council Meeting Minutes March 11, 2019 1 City Council Meeting Minutes Packet Page Number 2 of 179 E2 Councilmember Smith moved to approve the February 25, 2019City Council Meeting Minutesas submitted. Seconded by CouncilmemberJuenemannAyes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City Manager Coleman gave anupdate to the council calendar; reviewed other topics of concern or interest requested by councilmembers; and gave an overview of upcoming events in the community. 2.Council Presentations Road Drainage Councilmember Smith reported on the road drainage and requested residence help with clearing the storm drains by their property. Pulse Point Councilmember Juenemann reported on the Pulse Point App. Trash & Recycling Cart Placement Councilmember Juenemannreminded residents to not put their trash and recycling carts in the street. Regional Council of Mayors Mayor Abrams reported on the Regional Council of Mayors meeting she attended. Rental Licensing Meeting Mayor Abrams reported on the rental licensing community meeting she attended along with Councilmember Smith and she suggested adding a tenant’s piece to it. Police Ride Along Mayor Abramsreported on the police ride along she went on to hear about rental licensing from the police officers and will be doing a ride along with the fire department to get their perspective. Rush Line Mayor Abramsreported on the Rush Line-Policy Advisory Committee meeting she attended. March 11, 2019 2 City Council Meeting Minutes Packet Page Number 3 of 179 E2 3.Heritage Preservation Commission 2018 Annual Report Natural Resources Coordinator Gaynor introduced the HPC Chair Pete Boulay who addressed the council to give the Heritage Preservation Commission 2018 Annual Report. Councilmember Juenemann moved to approve the2018 Heritage Preservation Commission Annual Report. Seconded by CouncilmemberSmithAyes – All The motion passed. 4.Resolution of Appreciation for Frank Gilbertson for his Service on the Heritage Preservation Commission Natural Resources Coordinator Gaynor gave the staff report.Councilmember Neblett read the resolution of appreciation. CouncilmemberJuenemann moved to approve the Resolution of Appreciation for Frank Gilbertson. Resolution19-03-1661 Resolution of Appreciation WHEREAS, Frank Gilbertson has been a member of the Maplewood Heritage Preservation Commission for five years and four months, serving from September 9, 2013 to January 10, 2019. Mr. Gilbertson has served faithfully in that capacity; and WHEREAS, the Heritage Preservation Commission and City Council have appreciated his experience, insights and good judgment; and WHEREAS, Mr. Gilbertson has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Gilbertson has shown dedication to his duties and has consistently contributed his leadership and efforts 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 Frank Gilbertson is hereby extended our gratitudeand appreciation for his dedicated service. Seconded by CouncilmemberSmithAyes – All The motion passed. 5.Resolution Awarding the 2018 Heritage Award to Ronald Cockriel Natural Resources Coordinator Gaynorgave the staff report. Mayor Abrams read the resolution awarding the 2018 Heritage Award to Ronald Cockriel.Mr. Cockriel addressed the council to thank them and read a statement to the council. March 11, 2019 3 City Council Meeting Minutes Packet Page Number 4 of 179 E2 Councilmember Juenemann moved to approve the Resolution Awarding the 2018 Maplewood Heritage Award toRonald Cockriel. Resolution 19-03-1662 2018 Maplewood Heritage Award to Ronald Cockriel WHEREAS, Ronald Cockriel has volunteered countless hours helping preserve and advocate for Maplewood historic and natural resources as an active participant in the “big three” citizens’ efforts to preserve the community’s heritage: Save our Open Spaces, Save the Barn, Save Fish Creek; and WHEREAS, Ronald Cockriel worked with others to protect open space which included the successful $5 million open space referendum to acquire natural areas; and WHEREAS, Ronald Cockriel worked with others to “Save the Barn,” and as an active member of Maplewood Area Historical Society has participated in many initiatives including getting the barn ready for programming, developing landscape plans, and helping bring a National Preservation Conference to the Bruentrup Heritage Farm; and WHEREAS, Ronald Cockriel, led the citizens’ effort to acquire the Fish Creek Open Space to protect the natural wonder and significant archeology of thesite; and WHEREAS, Ronald Cockriel served as chairperson for five years on Maplewood’s Heritage Preservation Commission (HPC) and during this time the HPC developed new programs and set the ground work for the city to gain Certified Local Government status (CLG); and WHEREAS, Ronald Cockriel helped ensure the protection of historic and natural resources through active participation on the Parks and Recreation Commission, Open Space Task Force, Greenway Task Force, 2020 Comprehensive Plan Task Force, and as a charter member of the non-profit Friends of Maplewood Nature; and WHEREAS, Ronald Cockriel has freely given his wisdom, time, energy, and leadership for the benefit of the City of Maplewood. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens that Ronald Cockriel is hereby presented the Maplewood Heritage Award. The Maplewood Heritage Award recognizes an individual who has significantly contributed to preservation of Maplewood history or historic sites through research, preservation, or education and outreach. Seconded by CouncilmemberKnutsonAyes – All The motion passed. 6.Arbor Day Proclamation Natural Resources Coordinator Gaynor gave the staff report.Councilmember Juenemann read the Arbor Day Proclamation. March 11, 2019 4 City Council Meeting Minutes Packet Page Number 5 of 179 E2 Councilmember Neblett moved to approve the 2019 Arbor Day ProclamationResolution. Resolution 19-03-1663 Resolution Proclaiming Arbor Day 2019 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, is now observed throughout the nation and the world; and WHEREAS, trees help improve human health by reducing air pollution and reducing exposure to the sun’s UV rays, and improving mental health by reducing stress and increasing concentration; and WHEREAS, trees can reduce the erosion of topsoil by wind and water, reduce heating and cooling costs, moderate temperatures,produce oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for fires, and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees are a source of joy and beauty. NOW, THEREFORE, BE IT RESOLVED THAT May 4, 2019, is hereby designated Arbor Day in the City of Maplewood. Further, all citizens are encouraged to celebrate Arbor Day and support efforts to protect our trees and woodlands. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 7.Resolution for Commission Appointment City Manager Coleman gave the staff report. Councilmember Juenemann moved to approve the resolution to appoint the candidate to the commission or board. Resolution19-03-1664 Be it resolved that the City Council of Maplewood, Minnesota: Hereby appoints the following individual, who the Maplewood City Council has reviewed, to be appointed to the following commission or board: March 11, 2019 5 City Council Meeting Minutes Packet Page Number 6 of 179 E2 Planning Commission Lue Yangterm expires December 31, 2020 Seconded by CouncilmemberSmithAyes – All The motion passed. 8.Conducting City Business & Public Meetings Presentation City Manager Coleman and City Attorney Batty gave the presentation. G.CONSENT AGENDA Councilmember Juenemann moved to approve agenda items G1-G3. Seconded by Councilmember SmithAyes – All The motion passed. 1.Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 975,265.48 Checks #103269 thru #103291 dated 02/26/19 $ 230,936.69 Disbursements via debits to checking account dated 02/19/19 thru 02/22/19 $ 333,023.07 Checks # 103293 thru #103325 dated 03/05/19 $ 683,923.51 Disbursements via debits to checking account dated 02/25/19 thru 03/01/19 $ 2,223,148.75 Total Accounts Payable PAYROLL $ 588,611.82 Payroll Checks and Direct Deposits dated 02/22/19 $ 3,440.98 Payroll Deduction check # 99103658 thru # 99103662dated 02/22/19 $ 592,052.80 Total Payroll $ 2,815,201.55 GRAND TOTAL Seconded by Councilmember SmithAyes – All March 11, 2019 6 City Council Meeting Minutes Packet Page Number 7 of 179 E2 The motion passed. 2.Payment for Zuercher Technologies Yearly Maintenance Support CouncilmemberJuenemann moved to approve to the payment for Zuercher Technologies yearly maintenance support. Seconded by Councilmember SmithAyes – All The motion passed. 3.Payment for Axon Yearly Maintenance Support & Evidence.com Subscription Councilmember Juenemann movedto approve the payment for Axon yearly maintenance support and Evidence.com subscription. Seconded by Councilmember SmithAyes – All The motion passed. H.PUBLIC HEARINGS 1.Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27 a.Public Hearing 7:00 pm b.Resolution Ordering Improvement after Public Hearing (4 votes) Public Works Director Love introduced the report. Assistant City Engineer Jarosch gave the presentation. Mayor Abrams opened the public hearing. The following people spoke: Cathy Tollefson, 2587 Pond Avenue E. Phil Vaccaro, 2581 Pond Avenue E. Mayor Abrams closed the public hearing. Assistant City Engineer Jaroschanswered questions. Councilmember Smith movedto approve the Resolution Ordering the Improvement for the Mailand-Crestview Forest Drive Area Pavement Rehabilitation, City Project 18-27 (four affirmative votes are required to approve this resolution) Resolution19-03-1665 Ordering Improvement WHEREAS, pursuant to a resolution of the City Council adopted February 25, 2019, fixed a date for a council hearing on the proposed street improvements for the Mailand-Crestview Forest Drive Area Pavement Rehabilitation, City Project 18-27. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 11, 2019; and the council has heard all persons desiring to be heard on the matter and has fully considered the March 11, 2019 7 City Council Meeting Minutes Packet Page Number 8 of 179 E2 same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.That it is necessary, cost-effective and feasible, as detailed in the Feasibility Report, that the City of Maplewood make improvements to the Mailand- Crestview Forest Drive Area Pavement Rehabilitation, City Project 18-27. 2.Such improvements ordered as proposed in the Council resolution adopted on the 11th day of March, 2019. 3.The City Engineer, or his designee, is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications as previously directed by the City Council at the February 25, 2019 council meeting. 4.The Finance Director was authorized to make the financial transfers necessary for the preparation of plans and specifications at the February 25, 2019 council meeting. A budget of $1,604,400 was established at that time. The proposed financing plan shall be implemented and is as follows: Proposed Financing Plan Funding SourceTotal Amount% of Total Gas Franchise Fees$748,10047% Special Benefit Assessments$671,50042% Sanitary Sewer Fund$70,3004% Environmental Utility Fund$67,0004% W.A.C. Fund$47,5003% Total Estimated Project Funding:$1,604,400100% Seconded by Councilmember JuenemannAyes – All The motion passed. I.UNFINISHED BUSINESS 1.Resolution Approving Plans and Specifications and Advertising for Bids, Gladstone Phase 3 Corridor Improvements, City Project 16-18 Public Works Director Love gave the report. Maplewood resident Mary Yang addressed and asked questions of the council. Councilmember Juenemann movedto approve theResolution Approving Plans and Specifications and Advertising for Bids for the Gladstone Phase 3 Corridor Improvements, City Project 16-18. Resolution19-03-1666 Approving Plans and Specifications and Advertising for Bids WHEREAS, pursuant to a resolution passed by the City Council on November March 11, 2019 8 City Council Meeting Minutes Packet Page Number 9 of 179 E2 13, 2018, plans and specifications for the Gladstone Phase 3 Corridor Improvements, City Project 16-18, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specification to the City Council for approval, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications are hereby approved and ordered placed on file in the office of the City Engineer. 2.The City Clerk or office of the City Engineer shall prepare and cause to be inserted into the official paper and Finance and Commerce 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 5th day of April, 2019, 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 City Council will consider the bids, and the award of a contract, at the regular city council meeting of April 22, 2019. Seconded by Councilmember SmithAyes – All The motion passed. J.NEW BUSINESS None K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abrams adjourned the meeting at9:02 p.m. March 11, 2019 9 City Council Meeting Minutes Packet Page Number 10 of 179 F1a Packet Page Number 11 of 179 F1a Packet Page Number 12 of 179 F3 *Note: Recommendations will be modified to reflect the Council votes Packet Page Number 13 of 179 F3 Packet Page Number 14 of 179 F3, Attachment 1 *Note: Recommendations will be modified to reflect the Council votes Packet Page Number 15 of 179 F4 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Michael Martin,AICP,Economic Development Coordinator PRESENTER: Michael Martin, AICP, Economic Development Coordinator AGENDA ITEM:Resolution of Appreciation for John Donofrio, Planning Commission Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: When citizen members end their time of service on a board or commission, the city considers adoption of a resolution of appreciation recognizing the individual for their time committed to serving Maplewood. Recommended Action: Motion to approve a resolution of appreciation for Planning Commissionmember John Donofrio. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The City of Maplewood appreciates its citizen volunteers who serve on the city’s board and commissions and works to provide recognition for members upon resignation. Background John Donofriorecently resigned as a member of the Maplewood Planning Commission due to time commitments. The city council appointed Mr. Donofrioto the Planning Commissionon February 11, 2013and heserved until November 20, 2018. Attachments 1.Resolution of Appreciation for John Donofrio Packet Page Number 16 of 179 F4, Attachment 1 RESOLUTION OF APPRECIATION WHEREAS, John Donofrio has been a member of the Maplewood Planning Commission since February 11, 2013 and has served faithfully in that capacity until November 20, 2018; and WHEREAS, the Planning Commissionand the City Council has appreciated John’s experience, insights and good judgment; and WHEREAS, John has freely given of histime and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, John has shown sincere dedication to hisduties and has consistently contributed hisleadership, time and effort 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 John Donofrio is hereby extended our gratitude and appreciation for hisdedicated service. Passed by the Maplewood City Council on ___________, 2019 ____________________________________ Marylee Abrams, Mayor Passed by the Maplewood Planning Commission On March 19, 2019 ____________________________________ Paul ArbuckleChairperson Attest: ________________________________ Andrea Sindt, City Clerk Packet Page Number 17 of 179 F5 CITY COUNCIL STAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER:Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Resolution of Appreciation for Ryan Ries, Environmental and Natural Resources Commission Action Requested: MotionDiscussion Public Hearing Form of Action: ResolutionOrdinanceContract/Agreement Proclamation Policy Issue: When citizen members end their time of service on a board or commission, the City considers adoption of a resolution of appreciation recognizing the individual for their time committed to serving Maplewood. Recommended Action: Motion to approve a Resolution of Appreciation for Ryan Ries, Environmental and Natural Resources Commission. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. commissions and works to provide recognition for members upon resignation. Background Ryan Ries resigned as a member of the Environmental and Natural Resources Commission after his term expired on September 30, 2018. Packet Page Number 18 of 179 F5 Commission Review The Environmental and Natural Resources Commission recommended approval of the Resolution of Appreciation for Ryan Ries on February 26, 2019. Attachments 1.Resolution of Appreciation for Ryan Ries, Environmental and Natural Resources Commission Packet Page Number 19 of 179 F5, Attachment 1 RESOLUTION OF APPRECIATION WHEREAS, Ryan Ries has been a member of the Maplewood Environmental and Natural Resources Commission for three years, serving from August 20, 2015 to September 30, 2018. Mr. Ries has served faithfully in those capacities; and WHEREAS, the Environmental and Natural Resources Commission and City Council have appreciated his experience, insights and good judgment; and WHEREAS, Mr. Ries has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Ries has shown dedication to his duties and has consistently contributed his leadership and efforts 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 Ryan Ries is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on March 25, 2019. ______________________________ Marylee Abrams, Mayor Passed by the Maplewood Environmental and Natural Resources Commission on February 26, 2019. ______________________________ Ted Redmond, Chairperson Attest: ________________________________ Andrea Sindt, City Clerk Packet Page Number 20 of 179 F6 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Parks and Recreation Commission Audra Robbins, Parks and Recreation Manager/PRC Liaison PRESENTER:Dorothy Molstad, PRC Chair AGENDA ITEM: Parks and Recreation Commission 2018 Annual Report Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Parks and Recreation Commission (PRC) approved their 2018 Annual Report on February 28, 2019 (Attachment 1). Dorothy Molstad, PRC Chair, will present the 2018 PRC Annual Report. Recommended Action: Motion to approve the 2018 Parks and Recreation Commission Annual Report. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The PRC provides recommendations to the City Council on issues of park acquisition, development, open space, trails and leisure programs and works closely with City staff to implement the mission of the department. Background The attached Annual Report highlights key accomplishments in 2018 by the PRC and goals for 2019. Attachments 1.2018 PRC Annual Report Packet Page Number 21 of 179 F6, Attachment 1 QBSLT!BOE!SFDSFBUJPO! DPNNJTTJPO 3129!BOOVBM!SFQPSU “The mission of Maplewood Parks and Recreation is to provide diverse recreational opportunities for people of all ages and abilities, enhance and preserve our parks, facilities, and open spaces while promoting environmental stewardship through education and outreach” Packet Page Number 22 of 179 F6, Attachment 1 Member Member Since 11/14/13; Term Expires 4/30/19 Member Member Since 01/01/97; Term Expires 4/30/20 Member Member Since 02/11/13; Term Expires 4/30/20 Chair Member Since 09/14/15; Term Expires 4/30/21 Member Member Since 11/14/16; Term Expires 4/30/19 Vice Chair Member Since 11/27/17; Term Expires 4/30/21 Member Member Since 10/14/13; Term Expires 4/30/20 Student Member Member Since 9/19/18 City Council Liason Staff Liason •Outdoor patio space •Community gathering space •Warming house/programming space •Accessible restrooms •Meets International Green Construction Code requirements •New hockey rink and pleasure skating rink •Updated parking lot •New picnic shelter •New paths connecting park features Community Building Final Design •Additional stormwater raingardens •Interpretive signage Packet Page Number 23 of 179 F6, Attachment 1 Packet Page Number 24 of 179 F6, Attachment 1 Packet Page Number 25 of 179 F7 Packet Page Number 26 of 179 F7 Packet Page Number 27 of 179 F7, Attachment 1 Packet Page Number 28 of 179 F7, Attachment 1 Packet Page Number 29 of 179 F8 Packet Page Number 30 of 179 F8, Attachment 1 Packet Page Number 31 of 179 F8, Attachment 1 Packet Page Number 32 of 179 G1 MEMORANDUM Melinda Coleman, City Manager TO: Ellen Paulseth, Finance Director FROM: March 19, 2019 DATE: Approval of Claims SUBJECT: 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: $454,899.46Checks #103327 thru #103361 dated 03/04/19 thru 03/12/19 $415,769.81Disbursements via debits to checking account dated 03/04/19 thru 03/08/19 $654,050.77Checks # 103362 thru #103388 dated 03/13/19 thru 03/19/19 $578,238.49Disbursements via debits to checking account dated 03/11/19 thru 03/15/19 $2,102,958.53Total Accounts Payable PAYROLL $608,786.84Payroll Checks and Direct Deposits dated 03/08/19 $2,719.76Payroll Deduction check # 99103676 thru # 99103679 dated 03/08/19 $611,506.60Total Payroll $2,714,465.13GRAND TOTAL 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. Attachments Packet Page Number 33 of 179 G1, Attachments Check Register City of Maplewood 03/07/2019 CheckDateVendorDescriptionAmount 10332703/04/201901522STATE OF MINNESOTADOT INSPECTION DECALS FOR VEHICALS60.00 10332803/07/201902464US BANKFUNDS FOR CITY HALL ATM10,000.00 10332903/07/201905307MN BOARD OF PEACE OFFICERPEACE OFFICER LICENSE TUOYER XIONG90.00 10333003/12/201900585GOPHER STATE ONE-CALLNET BILLABLE TICKETS - FEBRUARY109.35 03/12/2019HUGO'S TREE CARE INC 10333100687HAZARDOULS LIMB REMOVED-FLANDRAU125.00 03/12/2019KELLY & LEMMONS, P.A. 10333205598PROSECUTION SERVICES - JANUARY16,250.00 03/12/2019KIMLEY-HORN & ASSOCIATES INC 10333302728PROJ 16-18 GLADSTONE PHASE 3126,041.69 03/12/2019KIMLEY-HORN & ASSOCIATES INC 02728PROJ 18-04 WAKEFIELD CONST9,813.87 03/12/2019MANSFIELD OIL CO 10333405353CONTRACT DIESEL - MARCH6,014.79 03/12/2019WILLIE MCCRAY 10333505311BASKETBALL REFEREES 3/02 & 3/032,291.00 03/12/2019TRANS-MEDIC 10333604192EMS BILLING - JANUARY5,655.00 03/12/2019YALE MECHANICAL LLC 10333705013REPAIR FURNACE - FIRE STATION #2256.45 03/12/2019ADVANCED WATER JET, LLC 10333806007REFLECTIVE SHEETING REMOVAL583.70 03/12/2019AVESIS 10333904848MONTHLY PREMIUM - MARCH289.53 03/12/2019CHARITABLE GAMBLING 10334000036CHARITABLE GAMBLING-N HIGH ROBOTIC2,040.00 03/12/2019CINTAS CORPORATION #470 10334105369CLEANING SUPPLIES-CH/PD/PW/PM64.23 03/12/2019EMERGENCY RESPONSE SOLUTIONS 10334205283KEY FIRE HOSE245.48 03/12/2019GFOA 10334300545MEMBERSHIP RENEWAL 5/1/19-4/30/20250.00 03/12/2019HEALTHPARTNERS 10334400644REFUND FOR TRANS MEDIC PATIENT449.42 03/12/2019L M C I T 10334500827WORK COMP QTR APRIL-JUNE 2019139,784.00 03/12/2019L M C I T 00827INSURANCE PREMIUM APRIL-JUNE 201957,911.00 03/12/2019LANGUAGE LINE SERVICES 10334600846PD PHONE-BASED INTERPRETIVE SRVS100.20 03/12/2019LEAGUE OF MINNESOTA CITIES 10334700857LEADERSHIP CONFERENCE - S NEBLETT225.00 03/12/2019LEAGUE OF MINNESOTA CITIES 00857MAYOR'S CONFERENCE - M ABRAMS90.00 03/12/2019LEAGUE OF MINNESOTA CITIES 00857LOSS CONTROL WORKSHOP E PAULSETH20.00 03/12/2019LEAGUE OF MINNESOTA CITIES 00857LOSS CONTROL WORKSHIP - J RUEB20.00 03/12/2019MARTIN-MCALLISTER 10334805222PERSONNEL EVALUATION1,300.00 03/12/2019MINNESOTA BENEFIT ASSOCIATION 10334905838MONTHLY PREMIUM508.03 03/12/2019MOSS & BARNETT 10335005741LEGAL FEES CABLE MATTERS - JAN6,982.50 03/12/2019NCPERS GROUP LIFE INS. MN 10335101126MONTHLY PREMIUM - MARCH528.00 03/12/2019NORTH SUBURBAN ACCESS CORP 10335205356PRODUCTION CONTRACT - JANUARY1,289.60 03/12/2019NORTH SUBURBAN ACCESS CORP 05356WEBSTREAMING SRVS - JANUARY1,154.00 03/12/2019NORTH SUBURBAN ACCESS CORP 05356PROD SRVS-STATE OF CITY ADDRESS1,105.00 03/12/2019ONE TIME VENDOR 10335300001REFUND TOTAL CONST & EQUIP-PERMIT162.36 03/12/2019ONE TIME VENDOR 10335400001REFUND ADAMS ELECT - ELECT PERMIT71.00 03/12/201901345RAMSEY COUNTYHAZARDOUS WASTE LIC 5/2019-4/2020146.80 103355 10335603/12/201902008RAMSEY COUNTY PUBLIC WORKSEMERGENCY PR-EMPTION SRVS 7/1-12/31209.10 10335703/12/201901550SUMMIT INSPECTIONSELECTRICAL INSPECTIONS - FEBRUARY2,429.40 03/12/2019TOSHIBA FINANCIAL SERVICES (2) 10335805528CONTRACT 7950665-005399.10 03/12/2019TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-003313.86 03/12/2019TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-013293.74 03/12/2019TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-011287.00 03/12/2019TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-002266.36 03/12/2019TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-004244.43 03/12/2019TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-001203.57 03/12/2019TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-012106.58 03/12/2019TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-01091.45 03/12/2019TRI-STATE BOBCAT, INC. 103359016492019 BOBCAT 560053,226.12 03/12/2019TRI-STATE BOBCAT, INC. 01649REPLACEMENT BROOM FOR BOBCATS3,720.50 03/12/2019MERCEDES TUMA-HANSEN 10336005625SPEAKER FOR FUR TRADE CLASSES818.75 03/12/2019VHEDC 10336105935PROFESSIONAL SRVS - WEEK OF FEB 4262.50 454,899.46 35Checks in this report. Packet Page Number 34 of 179 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 3/4/2019MN State TreasurerDrivers License/Deputy Registrar75,850.18 3/5/2019MN State TreasurerDrivers License/Deputy Registrar41,056.15 3/5/2019Delta DentalDental Premium5,175.38 3/6/2019MN State TreasurerDrivers License/Deputy Registrar102,861.91 3/7/2019MN State TreasurerDrivers License/Deputy Registrar55,423.67 3/8/2019MN State TreasurerDrivers License/Deputy Registrar73,226.22 3/8/2019MN Dept of Natural ResourcesDNR electronic licenses1,026.00 3/8/2019MN Dept of RevenueSales Tax451.00 3/8/2019MN Dept of RevenueFuel Tax1,368.00 3/8/2019Optum HealthDCRP & Flex plan payments2,084.68 3/8/2019ICMA (Vantagepointe)Deferred Compensation8,973.00 3/8/2019US Bank VISA One Card*Purchasing card items48,273.62 415,769.81 *Detailed listing of VISA purchases is attached. Packet Page Number 35 of 179 G1, Attachments Check Register City of Maplewood 03/14/2019 CheckDateVendorDescriptionAmount 10336203/13/201903732STILLWATER MOTORSEMERGENCY VEHICLE - 2019 TAHOE40,037.00 10336303/19/201905805AXON ENTERPRISE, INC.EVIDENCE.COM YEARLY LICENSES/MAINT87,624.00 03/19/201905805AXON ENTERPRISE, INC.EVIDENCE.COM YEARLY LICENSES/MAINT6,040.00 10336403/19/201905598KELLY & LEMMONS, P.A.PROSECUTION SERVICES - FEBRUARY16,250.00 10336503/19/201900393MN DEPT OF LABOR & INDUSTRYMONTHLY SURTAX - FEB 12303520193,042.33 10336603/19/201904316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEM - JANUARY602.10 10336703/19/201901933MUNICIPAL CODE CORPANNUAL WEB HOSTING 3/1/19-2/29/20800.00 10336803/19/201901202NYSTROM PUBLISHING CO INCMAPLEWOOD LIVING - MARCH7,020.45 10336903/19/201901546SUBURBAN SPORTSWEART-SHIRTS FOR SOCCER CLINIC252.50 10337003/19/201904845TENNIS SANITATION LLCRECYCLING FEE - FEB/CITY WIDE RECY44,544.61 10337103/19/201905013YALE MECHANICAL LLCWINTER HVAC MAINT-PUBLIC WORKS1,018.95 03/19/201905013YALE MECHANICAL LLCWINTER HVAC MAINT - CITY HALL768.95 03/19/201905013YALE MECHANICAL LLCWINTER HVAC MAINT-CENTRAL FS #2268.95 03/19/201905013YALE MECHANICAL LLCWINTER HVAC MAINT-NORTH FS #3268.95 03/19/201905013YALE MECHANICAL LLCWINTER HVAC MAINT-PARK MAINT268.95 10337203/19/201905559APPRIZE TECHNOLOGY SOLUTIONSONLINE BENEFITS ADMIN FEE- MARCH310.00 10337303/19/201902624CARGILL INCORPORATEDTREATED ROAD SALT~10,035.30 03/19/201902624CARGILL INCORPORATEDTREATED ROAD SALT~2,567.76 10337403/19/201900036CHARITABLE GAMBLINGCHARITABLE GAMBLING-AQUATIC RES640.00 10337503/19/201905514COIT COMMERCIAL SERVICESAHU #1 DUCT CLEANING AT 19026,810.00 10337603/19/201902909COMPASS MINERALS AMERICA INC.ROAD SALT~3,798.12 10337703/19/201904371ELECTRO WATCHMAN INC.CARD ACCESS SYS-WAKEFIELD #18-047,541.30 03/19/201904371ELECTRO WATCHMAN INC.INSTALL RADIO COMMUNICATOR895.00 03/19/201904371ELECTRO WATCHMAN INC.CARD ACCESS SYS-WAKEFIELD #18-04413.00 03/19/201904371ELECTRO WATCHMAN INC.FIRE ALARM MONITORING 1/17-6/30/19356.46 10337803/19/201905618ENTERPRISE FM TRUSTLEASE CHARGES FIRE & PD VEHICLES3,031.74 10337903/19/201905372FERRELLGASPROPANE EMTF3,358.60 10338003/19/201901081M C P AMEMBERSHIP DUES 201960.00 10338103/19/201900986METROPOLITAN COUNCILMONTHLY SAC - FEBRUARY401,004.45 10338203/19/201905997NIGHT VISION GUYS LLCFLIR THERMAL MONOCULARS2,603.20 10338303/19/201900001ONE TIME VENDORREFUND K JACOBS - COACHED B-BALL135.00 10338403/19/201900001ONE TIME VENDORREFUND Y RAMSTAD - ROOM RENTAL30.00 10338503/19/201905601ALEC PEROZAV-BALL CLINIC INSTRUCTION - WINTER240.00 10338603/19/201905663TRANS UNION LLCPRE-EMPOLYMENT CREDIT CK SRVS61.10 10338703/19/201905842MIKE TURNBULLFIRE MARSHAL SERVICES 01/02 - 01/15852.00 10338803/19/201902464US BANKPAYING AGENT FEES500.00 654,050.77 27Checks in this report. Packet Page Number 36 of 179 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 3/11/2019MN State TreasurerDrivers License/Deputy Registrar99,066.26 3/11/2019U.S. TreasurerFederal Payroll Tax107,374.75 3/11/2019P.E.R.A.P.E.R.A.127,350.19 3/11/2019MidAmerica - INGHRA Flex plan14,977.11 3/11/2019Labor UnionsUnion Dues2,292.00 3/12/2019MN State TreasurerDrivers License/Deputy Registrar50,200.88 3/12/2019Empower - State PlanDeferred Compensation28,246.00 3/13/2019MN State TreasurerDrivers License/Deputy Registrar58,250.77 3/13/2019MN Dept of Natural ResourcesDNR electronic licenses427.75 3/13/2019Delta DentalDental Premium4,501.51 3/14/2019MN State TreasurerDrivers License/Deputy Registrar41,976.78 3/15/2019MN State TreasurerDrivers License/Deputy Registrar34,460.91 3/15/2019MN Dept of Natural ResourcesDNR electronic licenses544.75 3/15/2019MN Dept of RevenueMN Care Tax6,092.06 3/15/2019Optum HealthDCRP & Flex plan payments2,476.77 578,238.49 Packet Page Number 37 of 179 G1, Attachments Transaction DatePosting DateMerchant NameTransaction AmountName 02/27/201902/28/2019PP*DAYTRIPPERS$357.75JOSHUA ABRAHAM 02/18/201902/19/2019CUB FOODS #1599$5.32PAUL BARTZ 02/15/201902/18/2019PAKOR, INC.$280.69REGAN BEGGS 02/25/201902/27/2019VERITIV-EAST$755.25REGAN BEGGS 02/25/201902/27/2019VERITIV-EAST$867.30REGAN BEGGS 02/27/201903/01/2019FBI LEEDA INC$50.00BRIAN BIERDEMAN 02/26/201902/27/2019KNOWLAN'S MARKET #2$19.86OAKLEY BIESANZ 02/20/201902/21/2019MINNESOTA CHIEFS OF POLIC$157.00DANIEL BUSACK 02/16/201902/18/2019KWIK TRIP 86900008698$6.82JOHN CAPISTRANT 02/15/201902/18/2019MENARDS OAKDALE MN$98.46SCOTT CHRISTENSON 02/15/201902/18/2019MENARDS OAKDALE MN$25.98SCOTT CHRISTENSON 02/19/201902/20/2019GRAINGER$198.54SCOTT CHRISTENSON 02/19/201902/20/2019GRAINGER$83.34SCOTT CHRISTENSON 02/20/201902/21/2019CINTAS 60A SAP$43.08SCOTT CHRISTENSON 02/20/201902/21/2019CINTAS 60A SAP$50.53SCOTT CHRISTENSON 02/21/201902/22/2019STATE SUPPLY$146.69SCOTT CHRISTENSON 02/27/201902/28/2019J H LARSON ELECTRICAL COM$511.05SCOTT CHRISTENSON 02/27/201902/28/2019CINTAS 60A SAP$70.69SCOTT CHRISTENSON 02/16/201902/18/2019GUNDERSEN HOTEL & SUITES$282.00SHAWN CONWAY 02/16/201902/18/2019DPS FIREFIGHTER LICENSING$50.00SHAWN CONWAY 02/17/201902/18/2019GUNDERSEN HOTEL & SUITES$282.00SHAWN CONWAY 02/27/201902/28/2019NATIONAL REGISTRY EMT$20.00SHAWN CONWAY 02/18/201902/19/2019IN *ENVUE TELEMATICS LLC$676.00KERRY CROTTY 02/21/201902/22/20194IMPRINT$1,805.60KERRY CROTTY 02/25/201902/27/2019SPARTAN PROMOTIONAL GROU$418.23KERRY CROTTY 02/26/201902/27/2019CUB FOODS #1599$6.99THOMAS DABRUZZI 02/25/201902/26/2019REPUBLIC SERVICES TRASH$3,791.37SHANN FINWALL 02/16/201902/18/2019IACA$10.00CASSIE FISHER 02/21/201902/22/2019CINTAS 60A SAP$29.64CASSIE FISHER 02/21/201902/25/2019CHILI S GRILL & BAR 305$142.00CASSIE FISHER 02/22/201902/22/2019ULINE *SHIP SUPPLIES$187.25CASSIE FISHER 02/22/201902/25/2019PEAVEY CORP.$190.55CASSIE FISHER 02/28/201903/01/2019PAYPAL *MACIA$50.00CASSIE FISHER 02/28/201903/01/2019CINTAS 60A SAP$24.70CASSIE FISHER 02/15/201902/18/2019PRZCHARGE.PREZI.COM$228.00MYCHAL FOWLDS 02/17/201902/18/2019COMCAST CABLE COMM$4.50MYCHAL FOWLDS 02/20/201902/20/2019APL*APPLE ONLINE STORE$594.00MYCHAL FOWLDS 02/20/201902/20/2019APL*APPLE ONLINE STORE$5,394.00MYCHAL FOWLDS 02/20/201902/20/2019APL*APPLE ONLINE STORE$118.00MYCHAL FOWLDS 02/20/201902/20/2019APL*APPLE ONLINE STORE$1,018.00MYCHAL FOWLDS 02/21/201902/25/2019US INTERNET CORP$394.00MYCHAL FOWLDS 02/23/201902/25/2019COMCAST CABLE COMM$140.95MYCHAL FOWLDS 02/27/201902/28/2019COSTCO WHSE #1021$31.98MYCHAL FOWLDS 02/27/201902/28/2019CAN*CANONFINANCIAL CFS$331.57MYCHAL FOWLDS 02/27/201902/28/2019CAN*CANONFINANCIAL CFS$869.75MYCHAL FOWLDS 02/27/201903/01/2019TEAMSIDELINE.COM$898.00MYCHAL FOWLDS 02/28/201903/01/2019USPS PO 2683440014$6.85MYCHAL FOWLDS 02/21/201902/25/2019APPLE STORE #R022$384.40NICK FRANZEN 02/21/201902/25/2019APPLE STORE #R022$1,574.12NICK FRANZEN 02/22/201902/25/2019AMZN MKTP US*MI7HL95R1$17.12NICK FRANZEN 02/28/201903/01/2019APL*APPLE ONLINE STORE$358.00NICK FRANZEN 02/28/201903/01/2019APL* ITUNES.COM/BILL$53.67NICK FRANZEN 02/28/201903/01/2019APL* ITUNES.COM/BILL$30.04NICK FRANZEN 02/14/201902/18/2019JOHNSON FIT-WELL 022$2,065.00MICHAEL FUNK 02/27/201902/28/2019JAKES CITY GRILLE-MAPLEWO$57.27MICHAEL FUNK 02/15/201902/18/2019WALMART.COM 8009666546$13.13CAROLE GERNES 02/17/201902/19/2019THE HOME DEPOT #2801$2.45CAROLE GERNES 02/18/201902/19/2019PRAIRIE MOON$53.00CAROLE GERNES Packet Page Number 38 of 179 G1, Attachments 02/19/201902/20/2019WM SUPERCENTER #2643$44.95CAROLE GERNES 02/19/201902/20/2019WM SUPERCENTER #2643$5.56CAROLE GERNES 02/22/201902/25/2019KNOWLAN'S MARKET #2$8.78CAROLE GERNES 02/21/201902/22/2019AMZN MKTP US*MI2X91TH2$690.00ALEX GERONSIN 02/22/201902/25/2019IDU*INSIGHT PUBLIC SEC$43.86ALEX GERONSIN 02/27/201902/28/2019RED WING SHOE #727$299.51TAMARA HAYS 02/18/201902/19/2019AMZN MKTP US*MI8ID5Z82$32.20LINDSAY HERZOG 02/22/201902/25/2019CINTAS 60A SAP$18.30ANN HUTCHINSON 02/25/201902/26/2019DALCO ENTERPRISES$612.82DAVID JAHN 02/27/201903/01/2019PREMIUM WATERS INC$309.99DAVID JAHN 02/21/201902/22/2019TARGET 00006627$14.57MEGHAN JANASZAK 02/27/201902/28/2019CUB FOODS #1599$114.48ELIZABETH JOHNSON 02/26/201902/27/2019BCA TRAINING EDUCATION$75.00KEVIN JOHNSON 02/22/201902/25/2019PANERA BREAD #601305$84.74LOIS KNUTSON 02/22/201902/25/2019OFFICE DEPOT #1090$56.45LOIS KNUTSON 02/23/201902/25/2019PANERA BREAD #601305$50.33LOIS KNUTSON 02/23/201902/25/2019HOLIDAY INN EXPRESS$104.22LOIS KNUTSON 02/25/201902/26/2019CUB FOODS #1599$34.62LOIS KNUTSON 02/25/201902/28/2019HONEYBAKED HAM 2527-P2PE$135.07LOIS KNUTSON 02/19/201902/20/2019CUB FOODS #1599$20.97NICHOLAS KREKELER 02/19/201902/20/2019CUB FOODS #1599$23.98ERIC KUBAT 02/19/201902/21/2019MICHAELS MAPLEWOOD BAKERY$13.90ERIC KUBAT 02/25/201902/26/2019MINNESOTA CHIEFS OF POLIC$95.00DAVID KVAM 02/14/201902/18/2019ABM PARKING UNION DEPOT 8$6.00STEVE LOVE 02/27/201902/28/2019ST PAUL PUBLIC WORKS PARK$2.40STEVE LOVE 02/27/201902/28/2019ST PAUL PUBLIC WORKS PARK$4.65STEVE LOVE 02/14/201902/18/2019CARIBOU COFFEE CO #155$15.02STEVE LUKIN 02/15/201902/18/2019ASPEN MILLS INC.$26.55STEVE LUKIN 02/15/201902/18/2019ASPEN MILLS INC.$99.90STEVE LUKIN 02/20/201902/21/2019REPUBLIC SERVICES TRASH$158.74STEVE LUKIN 02/22/201902/25/2019ASPEN MILLS INC.$156.45STEVE LUKIN 02/22/201902/25/2019ASPEN MILLS INC.$62.85STEVE LUKIN 02/21/201902/25/2019GTS EDUCATIONAL EVENTS$65.00MIKE MARTIN 02/22/201902/25/2019IMPARK00200167U$23.00MIKE MARTIN 02/14/201902/18/2019PWW LLC$2,500.00MICHAEL MONDOR 02/18/201902/19/2019POCKET NURSE ENTERPRISES$771.30MICHAEL MONDOR 02/22/201902/25/2019BOUND TREE MEDICAL LLC$256.20MICHAEL MONDOR 02/23/201902/25/2019NATIONAL REGISTRY EMT$20.00MICHAEL MONDOR 02/26/201902/27/2019DART SIM$243.92MICHAEL MONDOR 02/26/201902/27/2019CHANNING BETE CO AHA$624.52MICHAEL MONDOR 02/27/201902/28/2019NATIONAL REGISTRY EMT$330.00MICHAEL MONDOR 02/28/201903/01/2019CUB FOODS #1599$49.10MICHAEL MONDOR 02/26/201902/28/2019MENARDS OAKDALE MN$23.01JOHN NAUGHTON 02/27/201902/28/2019PETSMART # 0461$46.14MICHAEL NYE 02/18/201902/20/2019BOUND TREE MEDICAL LLC$840.98KENNETH POWERS 02/19/201902/21/2019BOUND TREE MEDICAL LLC$327.50KENNETH POWERS 02/21/201902/25/2019BOUND TREE MEDICAL LLC$704.64KENNETH POWERS 02/14/201902/18/2019WHEELCO BRAKE &SUPPLY$117.86STEVEN PRIEM 02/14/201902/18/2019AN FORD WHITE BEAR LAK$8.89STEVEN PRIEM 02/15/201902/18/2019POMP'S TIRE #021$397.72STEVEN PRIEM 02/15/201902/18/2019AN FORD WHITE BEAR LAK$338.34STEVEN PRIEM 02/19/201902/20/2019CRYSTEEL TRUCK EQUIPMENT$29.80STEVEN PRIEM 02/19/201902/21/2019NUSS TRUCK GROUP INC($599.79)STEVEN PRIEM 02/19/201902/21/2019WHEELCO BRAKE &SUPPLY$1,059.51STEVEN PRIEM 02/20/201902/21/2019CRYSTEEL TRUCK EQUIPMENT$338.39STEVEN PRIEM 02/20/201902/21/20190391-AUTOPLUS$31.74STEVEN PRIEM 02/20/201902/21/20190391-AUTOPLUS$31.74STEVEN PRIEM 02/20/201902/21/20190391-AUTOPLUS$79.95STEVEN PRIEM 02/21/201902/22/20190391-AUTOPLUS$199.90STEVEN PRIEM Packet Page Number 39 of 179 G1, Attachments 02/21/201902/25/2019METRO PRODUCTS INC$149.76STEVEN PRIEM 02/22/201902/25/2019NUSS TRUCK GROUP INC$259.05STEVEN PRIEM 02/22/201902/25/2019AN FORD WHITE BEAR LAK$178.35STEVEN PRIEM 02/26/201902/27/2019TRUCK UTILITIES INC$82.49STEVEN PRIEM 02/27/201902/28/2019BORGEN RADIATOR CO$346.76STEVEN PRIEM 02/27/201903/01/2019THE HOME DEPOT #2801$35.94STEVEN PRIEM 02/28/201903/01/2019ADVANCE AUTO PARTS #7152$15.02STEVEN PRIEM 02/28/201903/01/20190391-AUTOPLUS$624.36STEVEN PRIEM 02/28/201903/01/20190391-AUTOPLUS$10.79STEVEN PRIEM 02/28/201903/01/20190391-AUTOPLUS$32.50STEVEN PRIEM 02/28/201903/01/20190391-AUTOPLUS$5.88STEVEN PRIEM 02/21/201902/22/2019PANERA BREAD #601305$85.12TERRIE RAMEAUX 02/26/201902/27/2019PERSONNEL EVALUATION$750.00TERRIE RAMEAUX 02/20/201902/21/2019FEDEX 785583095384$25.39MICHAEL RENNER 02/19/201902/20/2019BCS*ISD 622 COMMUNITY ED$2,352.00AUDRA ROBBINS 02/19/201902/20/2019ASCAP LICENSE FEE$357.00AUDRA ROBBINS 02/21/201902/22/2019MN RECREATION AND PARK A$190.00AUDRA ROBBINS 02/22/201902/25/2019DALCO ENTERPRISES$132.61AUDRA ROBBINS 02/25/201902/26/2019WALMART.COM 8009666546$84.57AUDRA ROBBINS 02/25/201902/26/2019WALMART.COM 8009666546$371.93AUDRA ROBBINS 03/01/201903/01/2019AMAZON.COM*MI68K5D60$32.20AUDRA ROBBINS 02/15/201902/18/2019MINNESOTA GOVERNMENT FIN$15.00JOSEPH RUEB 02/19/201902/21/2019THE HOME DEPOT #2801$117.23ROBERT RUNNING 02/27/201902/28/2019LILLIE SUBURBAN NEWSPAPER$93.50DEB SCHMIDT 02/20/201902/21/2019CINTAS 60A SAP$80.27SCOTT SCHULTZ 02/20/201902/21/2019CINTAS 60A SAP$12.85SCOTT SCHULTZ 02/20/201902/21/2019CINTAS 60A SAP$12.63SCOTT SCHULTZ 02/20/201902/21/2019CINTAS 60A SAP$34.68SCOTT SCHULTZ 02/23/201902/25/2019CINTAS 60A SAP$214.10SCOTT SCHULTZ 02/23/201902/25/2019CINTAS 60A SAP$94.00SCOTT SCHULTZ 02/25/201902/27/2019ON 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*VALLEY TROPHY,$22.35PAUL THIENES 02/26/201902/28/2019SPARTAN PROMOTIONAL GROU$94.05PAUL THIENES 02/18/201902/20/2019OFFICE DEPOT #1080$4.98KAREN WACHAL 02/19/201902/21/2019OFFICE DEPOT #1090$39.61KAREN WACHAL 02/19/201902/21/2019OFFICE DEPOT #1090$11.49KAREN WACHAL 02/20/201902/22/2019OFFICE DEPOT #1090$1.99KAREN WACHAL $48,273.62 Packet Page Number 40 of 179 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 03/08/19ABRAMS, MARYLEE537.68 03/08/19JUENEMANN, KATHLEEN473.60 03/08/19SMITH, BRYAN473.60 03/08/19COLEMAN, MELINDA6,588.64 03/08/19FUNK, MICHAEL5,899.75 03/08/19KNUTSON, LOIS3,092.54 03/08/19CHRISTENSON, SCOTT2,441.59 03/08/19JAHN, DAVID2,192.52 03/08/19PRINS, KELLY2,445.13 03/08/19HERZOG, LINDSAY2,106.57 03/08/19RAMEAUX, THERESE3,756.68 03/08/19ANDERSON, CAROLE3,302.07 03/08/19DEBILZAN, JUDY2,442.59 03/08/19OSWALD, BRENDA2,550.40 03/08/19PAULSETH, ELLEN5,456.32 03/08/19RUEB, JOSEPH4,147.59 03/08/19ARNOLD, AJLA2,162.83 03/08/19BEGGS, REGAN2,144.19 03/08/19COLE, DEBORAH3,729.09110.14 03/08/19EVANS, CHRISTINE2,184.99 03/08/19LARSON, MICHELLE1,958.73 03/08/19SINDT, ANDREA3,647.03 03/08/19HANSON, MELISSA1,320.11 03/08/19HOCKBEIN, JUDY80.00 03/08/19KRAMER, PATRICIA1,216.70 03/08/19MOY, PAMELA1,782.47 03/08/19OSTER, ANDREA2,294.05 03/08/19RICHTER, CHARLENE1,417.47 03/08/19VITT, JULIANNE547.38 03/08/19VITT, SANDRA4,220.981,848.33 03/08/19WEAVER, KRISTINE3,398.17 03/08/19ABEL, CLINT3,481.10 03/08/19ALDRIDGE, MARK4,142.51 03/08/19BAKKE, LONN3,997.69 03/08/19BARTZ, PAUL4,655.29 03/08/19BELDE, STANLEY3,846.01 03/08/19BENJAMIN, MARKESE3,966.57 03/08/19BERGERON, ASHLEY3,524.19 03/08/19BIERDEMAN, BRIAN6,104.17 03/08/19BURT-MCGREGOR, EMILY2,887.93 03/08/19BUSACK, DANIEL5,197.04 03/08/19COLEMAN, ALEXANDRA3,057.80 03/08/19CONDON, MITCHELL2,599.60 03/08/19CORCORAN, THERESA2,187.29 03/08/19CROTTY, KERRY4,700.01 03/08/19DEMULLING, JOSEPH4,347.06 03/08/19DUGAS, MICHAEL4,764.16 03/08/19ERICKSON, VIRGINIA4,214.35 03/08/19FISHER, CASSANDRA2,721.90 03/08/19FORSYTHE, MARCUS1,660.23 Packet Page Number 41 of 179 G1, Attachments 03/08/19FRITZE, DEREK4,238.80 03/08/19GABRIEL, ANTHONY4,240.93 03/08/19HANSON, MACKENZIE348.00 03/08/19HAWKINSON JR, TIMOTHY3,816.16 03/08/19HENDRICKS, JENNIFER1,850.40 03/08/19HER, PHENG3,472.11 03/08/19HIEBERT, STEVEN3,801.62 03/08/19HOEMKE, MICHAEL3,953.05 03/08/19JOHNSON, KEVIN4,992.25 03/08/19KHAREL, RAM366.13 03/08/19KONG, TOMMY4,351.37 03/08/19KREKELER, NICHOLAS704.86 03/08/19KROLL, BRETT3,712.47 03/08/19KVAM, DAVID5,019.96 03/08/19LANGNER, SCOTT3,495.91 03/08/19LANGNER, TODD5,002.90 03/08/19LENERTZ, NICHOLAS2,593.95 03/08/19LYNCH, KATHERINE3,809.07 03/08/19MARINO, JASON4,203.76 03/08/19MCCARTY, GLEN3,677.83 03/08/19MICHELETTI, BRIAN4,101.92 03/08/19MURRAY, RACHEL3,355.47 03/08/19NADEAU, SCOTT5,818.59 03/08/19NYE, MICHAEL4,541.17 03/08/19OLSON, JULIE3,814.11 03/08/19PARKER, JAMES3,680.50 03/08/19SALCHOW, CONNOR369.75 03/08/19SEPULVEDA III, BERNARDO362.50 03/08/19SHEA, STEPHANIE1,985.79 03/08/19SHORTREED, MICHAEL4,880.42 03/08/19STARKEY, ROBERT2,911.27 03/08/19STEINER, JOSEPH5,369.38 03/08/19STOCK, AUBREY2,548.66 03/08/19SWANSON, MATTHEW261.00 03/08/19SWETALA, NOAH261.00 03/08/19TAUZELL, BRIAN3,971.30 03/08/19THIENES, PAUL5,157.69 03/08/19WENZEL, JAY3,715.50 03/08/19WIETHORN, AMANDA2,547.39 03/08/19XIONG, KAO3,810.73 03/08/19XIONG, TUOYER1,785.40 03/08/19ZAPPA, ANDREW3,947.27 03/08/19BARRETTE, CHARLES2,770.36 03/08/19BAUMAN, ANDREW3,862.94 03/08/19BEITLER, NATHAN3,420.23 03/08/19CAPISTRANT, JOHN108.75 03/08/19CONWAY, SHAWN4,134.96 03/08/19CRAWFORD JR, RAYMOND5,395.74 03/08/19CRUMMY, CHARLES3,076.45 03/08/19DABRUZZI, THOMAS3,236.10 03/08/19DANLEY, NICHOLAS3,448.12 03/08/19DAVISON, BRADLEY3,865.75 03/08/19DAWSON, RICHARD5,899.38 03/08/19HAGEN, MICHAEL3,164.17 03/08/19HALWEG, JODI3,534.80 03/08/19HAWTHORNE, ROCHELLE3,988.19 03/08/19KUBAT, ERIC3,850.80 03/08/19LANDER, CHARLES4,868.12 03/08/19LO, CHING1,419.18 03/08/19LUKIN, STEVEN5,503.01 03/08/19MALESKI, MICHAEL3,248.95 Packet Page Number 42 of 179 G1, Attachments 03/08/19MCGEE, BRADLEY3,425.42 03/08/19MERKATORIS, BRETT4,483.08 03/08/19MONDOR, MICHAEL6,339.781,125.00 03/08/19NEILY, STEVEN3,326.58 03/08/19NIELSEN, KENNETH5,032.78 03/08/19NOVAK, JEROME4,168.11 03/08/19PERRY, SAM3,177.2439.99 03/08/19POWERS, KENNETH4,942.59 03/08/19SEDLACEK, JEFFREY4,971.53 03/08/19SMITH, CHARLES3,127.48 03/08/19STREFF, MICHAEL4,055.22 03/08/19ZAPPA, ERIC5,292.12 03/08/19CORTESI, LUANNE2,184.60 03/08/19JANASZAK, MEGHAN2,663.02 03/08/19BRINK, TROY4,597.07 03/08/19BUCKLEY, BRENT5,229.35 03/08/19DOUGLASS, TOM3,084.89 03/08/19EDGE, DOUGLAS3,481.97 03/08/19JOHNSON, JEREMY2,935.77 03/08/19JONES, DONALD4,066.03 03/08/19MEISSNER, BRENT3,795.17 03/08/19NAGEL, BRYAN4,500.60 03/08/19OSWALD, ERICK4,026.95 03/08/19RUNNING, ROBERT3,244.11 03/08/19TEVLIN, TODD3,619.06 03/08/19BURLINGAME, NATHAN3,029.60 03/08/19DUCHARME, JOHN3,152.71 03/08/19ENGSTROM, ANDREW3,175.60 03/08/19JAROSCH, JONATHAN4,066.40 03/08/19LINDBLOM, RANDAL3,155.02 03/08/19LOVE, STEVEN5,474.86 03/08/19STRONG, TYLER2,591.21 03/08/19ZIEMAN, SCOTT112.00 03/08/19HAMRE, MILES2,650.91 03/08/19HAYS, TAMARA2,319.67 03/08/19HINNENKAMP, GARY3,222.71 03/08/19NAUGHTON, JOHN2,790.55 03/08/19ORE, JORDAN2,551.60 03/08/19SAKRY, JASON2,191.58 03/08/19BIESANZ, OAKLEY2,027.17 03/08/19GERNES, CAROLE1,910.14 03/08/19HER, KONNIE144.00 03/08/19HUTCHINSON, ANN3,169.60 03/08/19WACHAL, KAREN1,225.59 03/08/19WOLFE, KAYLA95.00 03/08/19GAYNOR, VIRGINIA3,875.83 03/08/19JOHNSON, ELIZABETH2,045.79 03/08/19KONEWKO, DUWAYNE5,847.305,256.00 03/08/19KROLL, LISA2,189.29 03/08/19ADADE, JANE1,635.53 03/08/19FINWALL, SHANN3,746.79 03/08/19MARTIN, MICHAEL4,098.03 03/08/19BRASH, JASON3,959.26 03/08/19REININGER, RUSSELL1,260.00 03/08/19SWAN, DAVID3,209.19 03/08/19WEIDNER, JAMES2,751.39 03/08/19WELLENS, MOLLY2,073.92 03/08/19ABRAHAM, JOSHUA2,347.40 03/08/19ABRAHAMSON, AMANDA63.00 03/08/19BJORK, BRANDON228.00 03/08/19BRENEMAN, NEIL3,177.62 Packet Page Number 43 of 179 G1, Attachments 03/08/19CONWAY, TYLOR40.00 03/08/19CUMMINGS, KATIA43.50 03/08/19DIEZ, ANTONIO126.00 03/08/19ERICSON, MICHAEL182.00 03/08/19FRANK, PETER135.00 03/08/19GORACKI, GERALD96.00 03/08/19HANSEN, MICHAEL30.00 03/08/19HURT, LAURA120.00 03/08/19ISERMAN, TIANNA211.00 03/08/19KAEMMER, JOSH98.00 03/08/19KORF, BLAKE30.00 03/08/19KORF, CAIN121.00 03/08/19KRATTENMAKER, JACOB176.00 03/08/19KROONBLAWD, DAVID98.00 03/08/19KRUEGER, KAYLA50.00 03/08/19KUCHENMEISTER, GINA1,990.40 03/08/19KUCHENMEISTER, JACK231.00 03/08/19LO, SATHAE230.00 03/08/19LUSHANKO, ADAM120.00 03/08/19MCKANE, KELLIE210.00 03/08/19MEYER, ZACHARY98.00 03/08/19MOORE, PATRICK280.00 03/08/19NINGEN, BRANDON278.50 03/08/19NZARA, MUNASHE176.00 03/08/19PFEFFERLE, LILY243.00 03/08/19PIEPER, THEODORE270.00 03/08/19PURCELL, TYLER165.00 03/08/19RASMUSSEN, BRADLEY53.75 03/08/19ROBBINS, AUDRA4,483.77 03/08/19ROBBINS, CAMDEN275.00 03/08/19SNODDY, BRIANNA50.00 03/08/19THAO, THONY72.00 03/08/19THIELMAN, RICHARD113.75 03/08/19WHITE, LINDA180.00 03/08/19WISTL, MOLLY66.00 03/08/19BERGO, CHAD3,501.99 03/08/19SCHMITZ, KEVIN2,166.90 03/08/19SHEERAN JR, JOSEPH3,839.49 03/08/19ADAMS, DAVID2,692.72 03/08/19HAAG, MARK3,165.85 03/08/19JENSEN, JOSEPH2,390.85 03/08/19SCHULTZ, SCOTT4,468.90 03/08/19WILBER, JEFFREY2,526.43 03/08/19PRIEM, STEVEN2,971.75 03/08/19WOEHRLE, MATTHEW3,853.45 03/08/19XIONG, BOON2,458.10 03/08/19FOWLDS, MYCHAL4,763.89 03/08/19FRANZEN, NICHOLAS4,351.08 03/08/19GERONSIN, ALEXANDER2,621.14 03/08/19RENNER, MICHAEL2,826.15 608,786.84 Packet Page Number 44 of 179 Packet Page Number 45 of 179 Packet Page Number 46 of 179 G3 Packet Page Number 47 of 179 G3 o o Packet Page Number 48 of 179 G3 Packet Page Number 49 of 179 G3, Attachment 1 Packet Page Number 50 of 179 G3, Attachment 1 Packet Page Number 51 of 179 G3, Attachment 1 : PURPOSE OF AGREEMENT : RECOGNITION 3 Packet Page Number 52 of 179 G3, Attachment 1 : DEFINITIONS 4 Packet Page Number 53 of 179 G3, Attachment 1 : UNION SECURITY : EMPLOYER SECURITY 5 Packet Page Number 54 of 179 G3, Attachment 1 : EMPLOYER AUTHORITY : WORK SCHEDULES 6 Packet Page Number 55 of 179 G3, Attachment 1 7 Packet Page Number 56 of 179 G3, Attachment 1 : CALL BACK : STAND BY 8 Packet Page Number 57 of 179 G3, Attachment 1 : MEAL AND REST PERIODS : OVERTIME 9 Packet Page Number 58 of 179 G3, Attachment 1 : PROBATIONARY PERIODS : SENIORITY 10 Packet Page Number 59 of 179 G3, Attachment 1 : JOB POSTING : DISCIPLINE 11 Packet Page Number 60 of 179 G3, Attachment 1 : GRIEVANCE PROCEDURE/ARBITRATION 12 Packet Page Number 61 of 179 G3, Attachment 1 : VACATION / ANNUAL LEAVE 13 Packet Page Number 62 of 179 G3, Attachment 1 : HOLIDAYS : SICK LEAVE 14 Packet Page Number 63 of 179 G3, Attachment 1 : LEAVES OF ABSENCE 15 Packet Page Number 64 of 179 G3, Attachment 1 16 Packet Page Number 65 of 179 G3, Attachment 1 ARTICLE 21 (RESERVED) : INJURY ON DUTY 17 Packet Page Number 66 of 179 G3, Attachment 1 : INSURANCE 18 Packet Page Number 67 of 179 G3, Attachment 1 19 Packet Page Number 68 of 179 G3, Attachment 1 : UNIFORMS : TRAVEL AND MEAL ALLOWANCE 20 Packet Page Number 69 of 179 G3, Attachment 1 : PERSONNEL FILES : NONDISCRIMINATION : LEGAL DEFENSE : REQUIRED LICENSES 21 Packet Page Number 70 of 179 G3, Attachment 1 : SAFETY : LEADPERSON : TOOLS : EDUCATION : RESERVED : WAGE SCHEDULE 22 Packet Page Number 71 of 179 G3, Attachment 1 o o 23 Packet Page Number 72 of 179 G3, Attachment 1 : WAIVER : SAVINGS CLAUSE : DURATION 24 Packet Page Number 73 of 179 G3, Attachment 1 25 Packet Page Number 74 of 179 G3, Attachment 1 26 Packet Page Number 75 of 179 G3, Attachment 1 27 Packet Page Number 76 of 179 G3, Attachment 1 28 Packet Page Number 77 of 179 G3, Attachment 1 29 Packet Page Number 78 of 179 G3, Attachment 1 30 Packet Page Number 79 of 179 G3, Attachment 2 2019-2020 LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND MINNESOTA A.F.S.C.M.E. COUNCIL NO. 5 LOCAL 2725 CLERICAL/TECHNICAL & MAINTENANCE UNITS Packet Page Number 80 of 179 G3, Attachment 2 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ................................................................................ 3 ARTICLE 2: RECOGNITION ...................................................................................................... 3 ARTICLE 3: DEFINITIONS ........................................................................................................ 4 ARTICLE 4: UNION SECURITY ................................................................................................ 5 ARTICLE 5: EMPLOYER SECURITY ........................................................................................ 6 ARTICLE 6: EMPLOYER AUTHORITY ...................................................................................... 6 ARTICLE 7: WORK SCHEDULES ............................................................................................. 6 ARTICLE 8: CALL BACK ........................................................................................................... 8 ARTICLE 9: STAND BY ............................................................................................................. 8 ARTICLE 10: MEAL AND REST PERIODS ............................................................................... 9 ARTICLE 11: OVERTIME .......................................................................................................... 9 ARTICLE 12: PROBATIONARY PERIODS ...............................................................................10 ARTICLE 13: SENIORITY .........................................................................................................10 ARTICLE 14: JOB POSTING ....................................................................................................11 ARTICLE 15: DISCIPLINE ........................................................................................................12 ARTICLE 16: GRIEVANCE PROCEDURE/ARBITRATION .......................................................12 ARTICLE 17: VACATION / ANNUAL LEAVE ............................................................................13 ARTICLE 18: HOLIDAYS ..........................................................................................................14 ARTICLE 19: SICK LEAVE .......................................................................................................14 ARTICLE 20: LEAVES OF ABSENCE ......................................................................................15 ARTICLE 22: INJURY ON DUTY ..............................................................................................17 ARTICLE 23: INSURANCE .......................................................................................................18 ARTICLE 24: UNIFORMS .........................................................................................................20 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE ....................................................................20 ARTICLE 26: PERSONNEL FILES ...........................................................................................21 ARTICLE 27: NONDISCRIMINATION .......................................................................................21 ARTICLE 28: LEGAL DEFENSE ...............................................................................................21 ARTICLE 29: REQUIRED LICENSES .......................................................................................21 ARTICLE 30: SAFETY ..............................................................................................................22 ARTICLE 31: LEADPERSON ....................................................................................................22 ARTICLE 32: TOOLS ................................................................................................................22 ARTICLE 33: EDUCATION .......................................................................................................22 ARTICLE 34: RESERVED ........................................................................................................22 ARTICLE 35: WAGE SCHEDULE .............................................................................................23 ARTICLE 36: WAIVER ..............................................................................................................23 ARTICLE 37: SAVINGS CLAUSE .............................................................................................24 ARTICLE 38: DURATION .........................................................................................................24 APPENDIX A ............................................................................................................................25 APPENDIX B ............................................................................................................................26 APPENDIX C ............................................................................................................................27 APPENDIX D ............................................................................................................................28 Packet Page Number 81 of 179 G3, Attachment 2 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 Building Attendant Building Custodian Building Inspector Building Inspector Apprentice Building Maintenance Worker Business Licensing Specialist Child Care Coordinator Civil Engineer I Civil Engineer II Communications Coordinator Community Service Officer (CSO) Crew Chief – Mechanic Crew Chief – Sanitary Sewer Crew Chief – Storm Sewer Crew Chief – Street Maintenance Crew Chief—Park Maintenance Customer Service Associate Customer Service Representative Communications Coordinator Digital Communications Specialist Engineering Technician Environmental Health Official Environmental Planner Packet Page Number 82 of 179 G3, Attachment 2 Environmental/City Code Specialist Facility Technician Heavy Equipment Mechanic Lead Building Custodian Lead Licensing Specialist Licensing Specialist Lifeguard Maintenance Worker Naturalist Office Specialist Planner Police Records Specialist Property Evidence Technician Recreational Program Coordinator Senior Engineering Technician Senior Service Center Representative 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, Packet Page Number 83 of 179 G3, Attachment 2 faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employment. 3.10 GRIEVANCE - A dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 3.11 FMLA - The Family Medical Leave Act - See Article 20.5 3.12 EXEMPT - Not covered by the federal and state Fair Labor Standards Acts overtime requirements. 3.13 NON-EXEMPT - Covered by the federal and state Fair Labor Standards Acts overtime requirements. ARTICLE 4: UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 4.1 Fair Share Fees - Deduct fair share fees in accordance with Minnesota Statutes, Section 179A.06, Subd. 3. 4.2 Union Dues - Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing such deduction. Remit such deduction with an itemized statement to the appropriate designated officer of the UNION within ten days following said deduction. 4.3 Bulletin Board - The EMPLOYER agrees to provide and maintain one bulletin board for display of UNION notices and bulletins at each of the following facilities/areas: 1. City Hall 4. Police Department 2. Community Center 5. 1902 Building 3. Park Maintenance Building 6. Nature Center 4.4 Union Stewards - The UNION may designate employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. The EMPLOYER agrees to afford reasonable time off to those elected officials or appointed representatives of the exclusive representative for the purpose of conducting the duties of the UNION and agrees to provide for reasonable leaves of absence, without pay, to elected or appointed officials of the UNION as provided by State Statute. 4.5 Hold Harmless - The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 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. Packet Page Number 84 of 179 G3, Attachment 2 ARTICLE 5: EMPLOYER SECURITY 5.1No Strike - The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of, or interference with the normal functions of the EMPLOYER. 5.2Termination of Strikers - Employees who engage in an unlawfulstrike 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. 5.4Reemployment of Strikers - Employees who knowinglyand unlawfullystrike and whose employment has been terminated for such action may, subsequent to such violation, be appointed or re-appointed or employed or re-employed, but the employees shall be on probation for two (2) years with respect to tenure of employment, or contract of employment, as they may have theretofore been entitled. 5.5 No Strike Pay - Employees shall not be entitled to any daily pay, wages, or per diem for the day(s) in which they engaged in a strike. ARTICLE 6: EMPLOYER AUTHORITY 6.1 The Employer retains the full and unrestricted right to operate and manage all staff, facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. 6.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. 6.3 Subcontracting - Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting out work performed by employees covered by this Agreement or likewise shall prohibit or restrict any other right as set forth in 6.1 herein. Except when the Employer has determined there is an emergency or other urgent matter, the Employer will notify the Union at least thirty (30) days prior to subcontracting out work usually performed by employees represented by this bargaining unit, if such 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. Packet Page Number 85 of 179 G3, Attachment 2 The normal workday for an employee shall be eight (8) hours. Normal office hours are 8:00 a.m. to 5:00 p.m.; however, mutually convenient flexible schedules can be arranged within departments. The normal workweek shall be forty (40) hours Monday through Friday. 7.2 Regular Shifts - Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal work day or work week. The EMPLOYER will give advance notice to the employees affected by the establishment of workdays different from the employee's normal eight (8) hour workday. 7.3 Unusual Work Circumstances - In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, all employees have an obligation to work overtime or call backs if requested unless unusual circumstances prevent them from so working. When employees are so notified to report at a time other than their normal scheduled reporting time due to such unusual circumstances, they shall be paid for a total thirty (30) minute arrival time. 7.4 Saturday/Sunday Workweeks - Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. 7.5 Permanent Schedule Changes - Any permanent changes in the work schedule should be preceded with at least a two (2) week notice to the affected employees. 7.6 Out-of-Class Assignment - Any employee working an out-of-class assignment for four (4) hours or more shall be paid at the higher job classification at the 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 for the employee’s benefit and is not detrimental to the City, the “out-of-class” language and pay requirements of the contract will not apply. 7.8 Flexible Scheduling - Non-exempt employees, who normally work eight (8) hour shifts, will be paid one and one-half (1-1/2) times the employee’s regular pay rate for all hours worked in excess of eight (8) hours, when required to work more than eight (8) hours. Changes of shift do not qualify an employee for overtime under this article. Non-exempt employees who normally work shifts of longer than eight (8) hours will be paid one and one half (1-1/2) times the employee’s regular pay rate for all hours in excess of the normal shift length. Exempt employees who work over 40 hours per workweek will be Packet Page Number 86 of 179 G3, Attachment 2 paid straight time for all hours worked. Schedule changes made by the supervisor shall be posted for fourteen (14) days prior to the effective date. At the employee's request, employees may work a shorter shift than that normally required and may make up the time on another shift, upon approval of their supervisor. When employees avail themselves of this approved flexible scheduling, they will not be eligible for overtime for the longer shift. Under no circumstances will an employee be allowed to work more than forty (40) hours in a given week due to selecting this option, if they would not have been eligible to do so prior to selecting it. Anytime an employee (who is on vacation and sick leave) is ill or injured and misses a shift of other than eight (8) hours, they will be required to use sick leave equal to the hours for which they were scheduled. (If the shift was ten (10) hours, and they miss the entire shift, they will be required to use ten (10) hours of sick leave.) If on annual leave, the employee will use annual leave in accordance with the annual leave policy. 7.9 Premium Pay – Non-exempt employees who are required to come in before their normal work day start time for EMPLOYER shall be paid one and one half (1½) times their regular rate for their time before the start of their regularly scheduled shift. For snow plowing events, if its determined that an employee be relieved of duty during their normally regularly scheduled shift and returns later to complete the remainder of the shift, those hours worked at the return of the shift shall be paid at one and one-half (1- 1/2) times the employees regular pay rate. ARTICLE 8: CALL BACK Non-exempt employees called in for work by the EMPLOYER at a time other than their normal scheduled shift will be compensated for a minimum of three (3) hours pay at one and one-half (1-1/2) times the employee's regular pay rate. Exempt employees will receive a minimum of two hours pay at straight time. If the call-in or call- back is an extension to the regular shift, then the minimum hours provision of this clause will not apply. 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 Packet Page Number 87 of 179 G3, Attachment 2 minutes. Employees who will not be able to respond within that timeframe will not be eligible for callback pay. 9.2 The Facility Technician assigned to the Community Center will receive one hour of overtime each week provided that he/she wears a pager and responds to Community Center maintenance calls after hours and on days off. The employee will be eligible for callback pay when required to come in to work as provided in Article 8 but will not be eligible for callback pay for phone calls. ARTICLE 10: MEAL AND REST PERIODS An employee may take either one-half (1/2) hour or one (1) hour meal period (without pay) and two (2) fifteen (15) minute rest periods (with pay) during a normal work day at times determined by the EMPLOYER. An employee who works beyond the normal workday shall be granted a one-half (1/2) hour unpaid break after five (5) consecutive hours of work. Rest periods shall be taken at the site of working operations at the time of said periods, unless otherwise determined by the EMPLOYER. The length of the meal period will vary depending on department and job title. The normal meal period for clerical and technical employees is one hour. The normal meal period for public works and park maintenance employees is thirty (30) minutes. Exceptions can be made with approval of the immediate supervisor. ARTICLE 11: OVERTIME 11.1 Daily/Weekly Overtime - For non-exempt employees, hours worked in excess of eight (8) hours within an assigned work day or more than forty (40) hours within an assigned work week will be compensated at one and one-half (1-1/2) times the employee's regular pay rate, unless the shift length is greater than eight (8) hours. In that case, overtime eligibility begins after the regular shift is exceeded. (See Article 7--Work Schedules.) 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: Packet Page Number 88 of 179 G3, Attachment 2 Compensatory time will not be allowed where the overtime could have been anticipated in advance and have simply been a schedule change with two weeks notice; Compensatory time is not an option for positions that have to be back-filled with another employee to keep reasonable staffing levels; and Any compensatory time accrued will be capped at eighty (80) hours per year and will be cashed out at the end of the year, if not used, prior to any annual adjustment. Overtime worked in excess of the eighty- (80) hour cap will be paid during the same pay period it is earned. ARTICLE 12: PROBATIONARY PERIODS 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 Packet Page Number 89 of 179 G3, Attachment 2 meet the knowledge, skills, abilities and minimum qualifications, and pass normal required tests. 13.4 Recall - Employees shall be recalled from layoff according to seniority. No new employee shall be hired for a job classification for which a layoff has occurred until all employees on layoff status within that job classification have been given ample opportunity to return to work within eighteen (18) months of said layoff. The City will notify employees on layoff to return to work by registered mail at that employee's last recorded address. The employee must return to work within three (3) weeks of receipt of this notice in order to be eligible for re-employment. 13.5 Promotion Outside Bargaining Unit - Employees promoted outside the bargaining unit shall maintain their seniority in the unit for thirty (30) days. 13.6 Seniority Grievance - Disagreements between the EMPLOYER and employee relative to the use of seniority in promotions, transfers, and newly created positions is a proper subject for the grievance procedure outlined in Article 16 of this AGREEMENT. 13.7 Continuous Service - For purposes of seniority, an employee's continuous service record shall be broken by voluntary resignation, discharge for just cause or retirement. 13.8 Voluntary Transfer - If employees voluntarily transfer within the bargaining unit, they will go to the bottom of the department seniority list, except that the bargaining unit seniority will take effect in case of layoff. ARTICLE 14: JOB POSTING 14.1 Promotion From Within - The EMPLOYER and the UNION agree that permanent job vacancies or newly created job classifications within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: a. have the necessary qualifications to meet the standards of the job vacancy; and b. have the ability to perform the duties and responsibilities the job vacancy. 14.2 Promotional Probation - Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12--Probationary Periods. 14.3 Selection Decision - The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. It is the intent of the parties, the Employer and the Union, to attract the most qualified candidates for city service. Should the Employer look to fill any vacancies in the classes of “Maintenance Worker” or “Maintenance Trainee,” the Employer will make every reasonable effort to fill said vacancies at the “Maintenance Worker” class. However, the city is not precluded from hiring a Maintenance Trainee when warranted by market conditions, budgetary limitations, or other economic factors. 14.4 Job Posting - Job vacancies within the designated bargaining unit will be posted for ten (10) working days so that members of the bargaining unit can be considered for such vacancies. Packet Page Number 90 of 179 G3, Attachment 2 ARTICLE 15: DISCIPLINE The EMPLOYER will discipline employees only for just cause. ARTICLE 16: GRIEVANCE PROCEDURE/ARBITRATION 16.1 Processing of a Grievance - It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYER duties and responsibilities. The aggrieved EMPLOYEE and the UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. The designated supervisor shall schedule an approved absence within five (5) workdays after the request for absence. 16.2 Procedure - Any grievance or dispute between the parties relative to the application, 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 Packet Page Number 91 of 179 G3, Attachment 2 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. 16.3Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION without prejudice to either party. 16.4 Arbitrator's Authority - a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not submitted. b. The arbitrator shall be without power to make decisions contrary to, inconsistent with, modifying, or varying in any way, the application of laws. ARTICLE 17: VACATION / ANNUAL LEAVE 17.1 Vacation Schedule – Employees who work full-time and were hired prior to May 5, 2001 shall earn monthly paid vacation leave as per the following schedule: 1 - 4 years of service -- 10 working days per year 5 - 11 years of service -- 15 working days per year 12 - 20 years of service -- 20 working days per year After 20 years of service and thereafter -- 25 working days per year Part-time employees hired before May 5, 2001 who regularly work (and are on payroll at) 20 or more hours per week shall accrue vacation on a prorated basis. Employees hired prior to January 1, 2003 at 15 –19 hours per week will be grandfathered in for eligibility to pro-rated vacation or annual leave. 17.2 Maximum Vacation Accumulation - Employees will be allowed to carry over a maximum of one and one-half (1-1/2) times his/her annual accrual rate into each successive year. (Part-time employee carryover is pro-rated based on hours worked.) 17.3 The EMPLOYER and UNION agree to incorporate the Annual Leave Program as adopted by the City Council on February 12, 2001 and revised on September 23, 2002. Packet Page Number 92 of 179 G3, Attachment 2 (See addendum) 17.4 Provisions 17.1 through 17.3 do not apply to employees who select the annual leave program. ARTICLE 18: HOLIDAYS 18.1 Holidays Observed - Full-time employees shall be compensated for a full eight (8) hour day if employed at the time of any of the following holidays (prorated for part-time employees who work (and are on payroll) at twenty (20) or more hours per week): DATE HOLIDAY January 1 New 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 (20) hours of personal holidays per year (prorated for part-time employees who are on payroll at twenty (20) or more hours per week. The date of such personal holiday shall be approved by the EMPLOYER. 18.3 Employees hired prior to January 1, 2003 into positions that are 15-19 hours per week who remain continuously in such positions will be eligible for pro-rated holiday benefits in the same manner as they had been before that date. ARTICLE 19: SICK LEAVE 19.1 Use of Sick Leave - Full-time employees hired prior to May 5, 2001, shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month (prorated for part-time employees who regularly work, and are on payroll at, 20 or more hours per week. Employees who work less than twenty (20) hours per week who are on the vacation and sick leave programs as of 12-31-02 will remain eligible for pro-rated sick leave as long as they remain continuously at fifteen (15) or more hours per week. Employees who are on annual leave do not accrue sick leave. Sick leave may be approved only for days when an employee would otherwise have been at their employment. It may be used, with the approval of the supervisor, in any of the following cases: Packet Page Number 93 of 179 G3, Attachment 2 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 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: Packet Page Number 94 of 179 G3, Attachment 2 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. 20.3 Educational Leave - Educational leaves with pay for work-related conferences and seminars which occur during regular working hours when attendance is approved by the EMPLOYER. The EMPLOYER further agrees to pay reasonable costs related to the above. 20.4 Funeral/Bereavement Leave - A maximum of three (3) days of funeral/bereavement 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. Packet Page Number 95 of 179 G3, Attachment 2 F. Employees shall be eligible for FMLA in accordance with Federal Law. ARTICLE 21 (RESERVED) 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. Packet Page Number 96 of 179 G3, Attachment 2 l) This section shall not be applicable if such job related injury is due to intentional negligence on the part of the Employee so injured. ARTICLE 23: INSURANCE 2019 Health Care Costs/ Contributions st 23.1 For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for either the Medica Elect/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. 23.2 For all employees hired on or after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for the Medica Elect/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 Packet Page Number 97 of 179 G3, Attachment 2 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. 2020 Health Care Costs/Contributions 23.3 The Employer and the Union mutually agree to re-open this contract in 2019 to negotiate 2020 health insurance costs/contributions. The re-opener is exclusive to Article 23. Should the parties fail to reach an agreement on the terms of Article 23 though good-faith negotiations, the parties mutually agree to refer the issue to binding “final offer” interest arbitration. The Employer and the Union further agrees to actively engage in labor-management discussions and planning with regard to future citywide health insurance offerings. It is the Employer’s expectation that a global agreement with all affected bargaining units will be reached by the city’s insurance committee. In the event health insurance provisions of this agreement fail to meet the requirements of the Affordable Care Act and its related regulations, the Union and the Employer will meet immediately to negotiate alternative provisions. Should the Affordable Care Act and/or changes to the Affordable Care Act and its related regulations cause the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will immediately meet and, upon written mutual agreement of the parties, negotiate alternative provisions. 23.4 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. 23.5 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 Packet Page Number 98 of 179 G3, Attachment 2 annual leave accrual while receiving Long-Term Disability payments except for hours on payroll using accrued leave. Employees who were hired into positions at 15-19 hours per week before 1-1-03 and remain continuously at 15 or more hours per week will be eligible for this benefit on a pro-rated basis as they were prior to 1-1-03. 23.6 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 one hundred fifty dollars ($150.00) 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 with three (3) shirts on an annual basis. One (1) set of appropriate outerwear will be provided for Park, Utility, and Street Maintenance Workers, the Mechanics, Engineer Technicians, Building Inspectors, Code Enforcement Officers, and the Environmental Health Officer. This outerwear is not to be used outside of City work and will normally be kept on City premises. No additional outerwear will be provided unless the outerwear was obviously ruined at work. The EMPLOYER agrees to pay up to $300 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. 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 Packet Page Number 99 of 179 G3, Attachment 2 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/miewill 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. 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 Packet Page Number 100 of 179 G3, Attachment 2 The City agrees to reimburse employees for job related required licenses or certifications and renewal of same, except driver licenses. ARTICLE 30: SAFETY 30.1 Joint Safety – The Employer and the Bargaining Group agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 30.2 Safety Committee – The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 31: LEADPERSON Lead persons shall receive a pay differential according to the Wage Schedule in Appendix C for that period of time that they are assigned the duties of any crew chief position or that of building Maintenance Supervisor by the appropriate department head or designated supervisor. ARTICLE 32: TOOLS Those employees classified as mechanics (Mechanic Crew Chief, Heavy Equipment Mechanic and VEM Technician) shall be paid an annual tool allowance of up to $500 effective 1-1-2015 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. 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 Packet Page Number 101 of 179 G3, Attachment 2 ARTICLE 35: WAGE SCHEDULE 35.1 General Wage Adjustment: Employees shall receive the following General Wage Adjustment: 3.0% effective January 1, 2019 3.0% effective January 1, 2020 Such increases are reflected in the Salary Ranges in Appendices A and B. If the Employer agrees to any better general wage adjustment increases for any other bargaining groups in 2017-2018, 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 10 years of service will receive an additional $5/month (to $125) Those with 15 years of service will receive an additional $10 (to $130) Those with 20 years of service will receive an additional $15 (to $135) Those with 25 years of service will receive an additional $20 (to $140) Deferred Compensation is pro-rated for part-time employees who work 20 hours per week or more (and for those who work 15-19 hours/week who were grand-fathered in on 1-1-03). Those who work less than 20 hours per week and who were hired 1-1-03 or after are not eligible for city-paid deferred compensation. All deferred comp payments set forth above shall only be paid if the Employee matches the contribution from the City. If the Employees’ contribute a lesser amount than set forth above, the Employer will match the lesser amount. 35.3 City shall provide a fully paid single annual membership to the Maplewood Community Center (MCC) and for those employees who request it, the City shall pay 50% and the employee shall pay 50% towards an annual family membership at the MCC. ARTICLE 36: WAIVER Packet Page Number 102 of 179 G3, Attachment 2 36.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 36.2 The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. 36.3 The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 37: SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. ARTICLE 38: DURATION This AGREEMENT shall be effective January 1, 2019, and shall remain in full force and effect until the thirty-first (31st) day of December 2020. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 2019. FOR THE CITY: FOR THE UNION: ___________________________________ ________________________________ Mayor Field Representative ___________________________________ ________________________________ City Manager Local President ___________________________________ ________________________________ Human Resource Department Negotiations Team Member ________________________________ Negotiations Team Member Packet Page Number 103 of 179 G3, Attachment 2 APPENDIX A A.F.S.C.M.E. January 1, 2019 – December 31, 2019 Salary Ranges (3.0% increase) Step12345678 Accountant 32.80 34.42 36.1537.95 39.08 40.2541.07 41.89 Accounting Technician 24.06 25.26 26.5227.83 28.65 29.5330.12 30.74 Administrative Assistant23.2624.4225.6326.9327.7428.5729.1329.71 Building Attendant13.08 13.74 14.4115.15 15.58 16.0616.39 16.71 Building Custodian19.0119.9821.0022.0422.6823.3723.8224.33 Building Inspector 31.50 33.06 34.7136.45 37.55 38.6839.44 40.22 Building Inspector Apprentice25.19 26.46 27.7729.15 30.02 30.9131.57 32.17 Building Maintenance Worker 20.94 22.00 23.0724.23 24.96 25.7126.22 26.73 Sr. Service Center Rep 21.47 22.53 23.6724.85 25.57 26.3426.89 27.42 Child Care Coordinator 16.94 17.79 18.6819.62 20.23 20.8221.23 21.65 Civil Engineer I33.3635.0236.7938.6139.7940.9741.8042.64 Civil Engineer II36.71 38.54 40.4842.51 43.78 45.0745.97 46.89 Communications Coordinator35.1236.8838.7340.6541.8743.1443.9944.88 CSO 21.23 22.30 23.3924.57 25.34 26.0926.58 27.14 Customer Service Associate 13.08 13.74 14.4115.15 15.58 16.0616.39 16.71 Crime/Strategic Analyst Tech27.76 29.14 30.6032.13 33.09 34.0834.77 35.46 Customer Service Rep, Senior 16.94 17.79 18.6819.62 20.23 20.8221.23 21.65 Digital Communication Specialist 21.87 22.95 24.1025.31 26.07 26.8327.38 27.93 Engineering Technician 25.11 26.40 27.7229.10 29.97 30.8631.50 32.08 Engineering Technician, Sr31.16 32.68 34.3236.04 37.12 38.2439.01 39.79 Environmental/City Code Specialist 25.19 26.46 27.7729.15 30.02 30.9131.57 32.17 Environmental Health Official 31.79 33.37 35.0436.79 37.89 39.0339.81 40.60 Environmental Planner 36.86 38.72 40.6542.69 43.97 45.2946.20 47.14 Facility Technician 21.87 22.95 24.1025.31 26.07 26.8327.38 27.93 Heavy Equipment Mechanic 24.94 26.16 27.4628.86 29.72 30.6331.23 31.87 Lead Custodian21.87 22.95 24.1025.31 26.07 26.8327.38 27.93 Lead Licensing Specialist 26.73 28.06 29.4930.92 31.91 32.8633.50 34.18 Maintenance Worker 24.32 25.52 26.8028.17 29.00 29.8630.46 31.0831.14 31.70 Maintenance Trainee 22.09 23.16 0.000.00 0.00 0.000.00 0.00 Mechanic Crew Chief 27.41 28.79 30.2331.74 32.68 33.6634.33 35.02 Naturalist 26.25 27.56 28.9530.37 31.29 32.2632.91 33.55 Office/Licensing/PD Records Spec. 21.47 22.53 23.6724.85 25.57 26.3426.89 27.42 Park Maintenance Crew Chief 26.73 28.09 29.4930.92 31.91 32.8533.50 34.18 Planner 32.05 33.68 35.3737.12 38.24 39.3940.18 41.00 Property Room Technicians21.87 22.95 24.1025.31 26.07 26.8327.38 27.93 Recreation Program Coordinator26.76 28.11 29.5130.98 31.92 32.8733.52 34.20 Sanitary Sewer Crew Chief 26.73 28.09 29.4930.92 31.91 32.8533.50 34.18 Storm Sewer Crew Chief 26.73 28.09 29.4930.92 31.91 32.8533.50 34.18 Street Maintenance Crew Chief 26.73 28.09 29.4930.92 31.91 32.8533.50 34.18 VEM Technician21.17 22.22 23.3324.50 25.21 26.0026.51 27.06 Packet Page Number 104 of 179 G3, Attachment 2 APPENDIX B A.F.S.C.M.E. January 1, 2020– December 31, 2020 (3.0% increase) Step 123 4 56 7 8 Accountant33.7835.4637.24 39.08 40.2541.46 42.30 43.15 Accounting Technician 24.7826.0127.32 28.67 29.5130.42 31.02 31.66 Administrative Assistant 23.9625.1526.40 27.74 28.5729.43 30.00 30.60 Building Attendant 13.4714.1514.84 15.61 16.0516.54 16.88 17.21 Building Custodian19.5820.5821.6322.7023.3624.0724.5425.06 Building Inspector 32.4434.0535.75 37.55 38.6839.84 40.62 41.43 Building Inspector Apprentice25.9527.2528.6030.0230.9331.8432.5233.13 Building Maintenance Worker 21.5722.6623.76 24.95 25.7126.48 27.01 27.53 Sr. Service Center Rep 22.1123.2024.38 25.60 26.3427.13 27.70 28.24 Child Care Coordinator17.4518.3219.24 20.21 20.8421.44 21.87 22.30 Civil Engineer I34.3636.0737.90 39.77 40.9842.20 43.05 43.92 Civil Engineer II 37.8139.7041.69 43.78 45.0946.42 47.35 48.29 Communications Coordinator36.1837.9939.8941.8743.1344.4345.3146.22 CSO 21.8722.9724.09 25.30 26.1026.87 27.38 27.95 Customer Service Associate 13.4714.1514.84 15.61 16.0516.54 16.88 17.21 Crime/Strategic Analyst Tech 28.5930.0131.52 33.09 34.0935.11 35.82 36.53 Customer Service Rep, Senior17.4518.3219.24 20.21 20.8421.44 21.87 22.30 Digital Communication Specialist 22.5223.6424.83 26.07 26.8527.64 28.20 28.77 Engineering Technician 25.8627.1928.55 29.97 30.8731.78 32.44 33.05 Engineering Technician, Sr 32.0933.6635.35 37.12 38.2339.39 40.18 40.98 Environmental/City Code Specialist 25.9527.2528.60 30.02 30.9331.84 32.52 33.13 Environmental Health Official32.7434.3736.09 37.90 39.0340.20 41.00 41.82 Environmental Planner 37.9739.8841.87 43.97 45.2946.65 47.58 48.56 Facility Technician22.5223.6424.83 26.07 26.8527.64 28.20 28.77 Heavy Equipment Mechanic 25.6826.9528.28 29.73 30.6131.55 32.17 32.82 Lead Custodian 22.5223.6424.83 26.07 26.8527.64 28.20 28.77 Lead Licensing Specialist 27.5328.9030.37 31.85 32.8733.84 34.50 35.20 Maintenance Worker 25.0526.2927.60 29.02 29.8730.76 31.37 32.0132.07 32.65 Maintenance Trainee22.7623.860.00 0.00 0.000.00 0.00 0.00 Mechanic Crew Chief 28.2329.6531.14 32.70 33.6634.67 35.36 36.07 Naturalist27.0428.3929.82 31.29 32.2333.23 33.90 34.55 Office/Licensing/PD Records Spec. 22.1123.2024.38 25.60 26.3427.13 27.70 28.24 Park Maintenance Crew Chief 27.5328.9330.37 31.85 32.8733.83 34.50 35.20 Planner 33.0234.6936.43 38.23 39.3940.57 41.39 42.23 Property Room Technicians 22.5223.6424.83 26.07 26.8527.64 28.20 28.77 Recreation Program Coordinator 27.5628.9530.39 31.91 32.8833.85 34.52 35.22 Sanitary Sewer Crew Chief27.5328.9330.37 31.85 32.8733.83 34.50 35.20 Storm Sewer Crew Chief 27.5328.9330.37 31.85 32.8733.83 34.50 35.20 Street Maintenance Crew Chief27.5328.9330.37 31.85 32.8733.83 34.50 35.20 VEM Technician 21.8022.8824.03 25.24 25.9726.78 27.31 27.87 Packet Page Number 105 of 179 G3, Attachment 2 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 (Road Grader) Pick-Up Sweeper Mini-Hoe Roller (6 ton or over) Traxcavator Bulldozer Backhoe/Loader Snow Wings when in use Tractor (no cab) w/ mowing attachment JetVac (Aquatech) when used as a combination machine Front-End Loader (if operated by an employee over one (1) continuous hour in a given day) B. Differential pay for leadperson shall be $1.08 per hour. (See Article 31) C. Differential pay for Lifeguard as Water Safety Instructor or Head Lifeguard shall be $1.00 per hour. E. Differential pay for Customer Service Representative and Customer Service Associate as Manager on Duty shall be $1.00 per hour. Packet Page Number 106 of 179 G3, Attachment 2 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.) Packet Page Number 107 of 179 G3, Attachment 2 D.Accrual Rates - Years of Service Annual Accrual Rates 1 - 4 Years 19 days 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part-time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part-time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro-rated annual leave. Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as “deferred sick leave” until the balance was exhausted. Deferred sick leave can be used for any doctor-certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for two (2) or more consecutive days. If an employee knows they will be out for two (2) or more consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they know—in advance—they will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within two (2) days, they will use annual leave. If the medical condition extends beyond the two (2) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances - Unused vacation balances were converted to annual leave on a one- for-one basis for employees who converted from vacation/sick leave to annual leave. 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. Packet Page Number 108 of 179 G3, Attachment 2 The City also has a long-term disability program in place where benefits begin at ninety (90) calendar days. Short-term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay provided by short- and long-term disability insurance payments and their regular take- home pay. Employees without a deferred sick leave bank may use annual leave for this purpose. I. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). J. Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion - There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and/or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 2001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one-for-one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed 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. Packet Page Number 109 of 179 G4 CITY COUNCIL STAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Steve Lukin, Fire Chief PRESENTER: Steve Lukin,Fire Chief AGENDA ITEM:Resolution Of Adoption Of The Ramsey County Multi-Hazard Mitigation Plan Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The city council is being asked tmitigation planning and activities that will identify risks and vulnerability to residents and to formulate a plan of action to reduce damage and loss of life from natural and technological disasters. Recommended Action: Motion to approve the resolution to adopt the Ramsey County Multi-Hazard Mitigation Plan. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. City Council approval is required to adopt the resolution. Background Ramsey County Emergency Management has updated the County-wide hazard mitigation plan. The Ramsey County Multi-Hazard Mitigation identifies potential areas or processes that could be implemented or improved in order to minimize the potential effects of severe weather, flooding, terrorism, fires, and other issues that could adversely affect the different communities in Ramsey County. Local governments are required to approve a hazard mitigation plan in order to receive federal dollars for reconstruction efforts caused by natural or man-made disasters. Packet Page Number 110 of 179 G4 Due to ongoing changes to federal regulations, the Maplewood Fire Department believes it is more efficient for the City of Maplewood to participate in this joint effort. It allows the City to utilize the county-wide plan creates a more unified emergency response effort. By adopting this mitigation plan, the City of Maplewood will be compliant with federal regulations. Attachments 1.Resolution Packet Page Number 111 of 179 G4, Attachment 1 RESOLUTION OF THE CITY OF MAPLEWOOD ADOPTION OF THE RAMSEY COUNTY MULTI-HAZARD MITIGATION PLAN WHEREAS, the City of Maplewoodhas participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS, the Act establishes a framework for the development of a multi- jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Ramsey County Multi-Hazard Mitigation Plan includes a risk assessment including past hazards, hazards that threaten Ramsey County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Ramsey County Multi-Hazard Mitigation Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Ramsey County Multi-Hazard Mitigation Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Ramsey County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Ramsey County Multi-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City ofMaplewoodsupports the hazard mitigation planning effort and wishes to adopt theRamsey County Multi- Hazard Mitigation Plan. This Resolution was declared duly passed and adopted and was signed by the _____________ and attested to by the __________ this ________ day of __________, 2012. _________________________________ Attest: ________________________________ Packet Page Number 112 of 179 G5 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:StevenLove, Public Works Director/City Engineer Bryan Nagel, Street/Storm/Building Superintendent PRESENTER:Steven Love AGENDA ITEM: Authorize Ramsey County to Perform 2019 Street Striping Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: City Council willconsider authorizing Ramsey County Public Works to perform pavement striping for the City of Maplewood. Recommended Action: Motion toauthorize Ramsey County Public Works to perform City pavement striping needs, in an amount estimated at $28,000. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$28,000.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:Funding for annual striping cost Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Pavement striping on City maintained streets is essential for the safety of vehicular and pedestrian traffic. Background An allocation is made in the Public Works operating budget each year for the purchase of road striping services.It is anticipated that the cost for striping services will be $28,000 in 2019. Packet Page Number 113 of 179 G5 Maplewood has received Ramsey County’s annual notification for2019 road striping services. Each year, after receivingthecounty’snotification, staffevaluates existing striping conditions,any upcoming projects, andallplannedmaintenance operations. Typically, 50% of the striping throughout the City is repainted by the County each year. Staff is recommending to doingthe same for 2019. Attachments None Packet Page Number 114 of 179 G6 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:StevenLove, Public Works Director/City Engineer Bryan Nagel, Street/Storm/Building Superintendent PRESENTER:Steven Love AGENDA ITEM: Authorize Bituminous Material Purchasefor 2019Season Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: City Council will consider authorizing thepurchase of bituminous materialfor 2019 maintenance activities. Recommended Action: Motion toauthorize the Street Superintendent to purchase bituminous materials in an amount up to $80,000 for 2019street maintenance activities. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$80,000.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:n/a Strategic PlanRelevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Maplewood’s streets are a vital part of the City’s infrastructure and the condition of these streets have a direct impact on the quality of life for residents and businesses. City staff utilizes the bituminous material for the filling of potholes and patching of City streets. Background An allocation is made in the Public Works operating budget each year for the purchase of bituminous materials in order to maintain roads through patching, paving, and bituminous curb repairs.It is anticipated that the cost for the bituminous purchase will be $80,000 for the 2019 maintenance season. Packet Page Number 115 of 179 G6 The proposed supplier of bituminous materialis T.A.Schifsky and Sons due to their nearby location in North St. Pauland the lower pricing compared to other bituminous suppliers. The second closest plant is owned by the City of St Paul, requiring a 30-45 minute round trip drive. By adding the extra travel time per load, the City’s bituminous maintenance operations would become much less efficient. Attachments None Packet Page Number 116 of 179 G7 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 Melinda Coleman, City Manager REPORT TO: Oakley Biesanz, Naturalist REPORT FROM: Audra Robbins, Parks and Recreation Manager Audra Robbins, Parks and Recreation Manager PRESENTER: Resolution Accepting Donation from St. Paul Area Association of AGENDA ITEM: REALTORS®(SPAAR) Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Saint Paul Area Association of REALTORS® (SPAAR) would like to make a donation for a bench and arbor at Edgerton Community Garden. Recommended Action: Motion to approve the resolution accepting a donation in the amount of $2,000.00 from SPAAR to be used for a bench and arbor at the Edgerton Community Garden, as well as a Little Free Library, and authorize the finance director to make the appropriate budget adjustments. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $2,000.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Donation Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. This donation will provide amenities to improve infrastructure at the Edgerton Community Garden. Background The design plan created in 2018 for the Edgerton Community Garden improvements outlined specific recommendations for improved accessibility. A bench and arbor was a part of that long- range plan and will improve accessibility for gardeners and park visitors who cannot stand for extended periods of time, and shaded seating will improve the experience for other gardeners and park visitors as well. City CIP funds were used to create the hardscape for improved accessibility in this area of the garden, and at least two ADA accessible raised garden beds will be installed this Packet Page Number 117 of 179 G7 spring. The donation from SPARR will cover the cost for a bench, plaque, and materials for an arbor, and a Little Free Library will also be donated. Maplewood’s Public Works crew will build and install the bench and arbor. SPAAR will install and maintain the Little Free Library. Attachments 1.Resolution Accepting Donation Packet Page Number 118 of 179 G7, Attachment 1 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION NO. ____ ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of $2000.00 from St. Paul Area Association of REALTORS® to cover the costs for a bench, plaque, and arbor at Edgerton Community Garden, as well as a Little Free Library. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that: 1. The donation is accepted and acknowledged with gratitude; and 2. The donation will be appropriated for the Parks and Recreation Department as designated; and 3. The appropriate budget adjustments be made. th Adopted this 25Day of March 2019. _________________________________ Marylee Abrams, Mayor ATTEST: ________________________________ Andrea Sindt, City Clerk Packet Page Number 119 of 179 G8 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Audra Robbins, Parks & Recreation Manager Ginny Gaynor, Natural Resources Coordinator PRESENTER:Audra Robbins, Parks and Recreation Director AGENDA ITEM: Memorandum of Agreement with Urban Roots to Establish Native Seed Plots at Harvest Park Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Urban Roots, a non-profit organization, would like to partner with the City of Maplewood to establish and maintain native seed plots at Harvest Park. Recommended Action: Motion to approve the Memorandum of Agreement with Urban Roots to establish native seed plots at Harvest Park. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $500 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Urban Roots will cover costs Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. Native seed production plots will provide pollinator habitat and aesthetic appeal on city parkland and offer opportunities to engage the community, including diverse groups of youth, in education and service. Partner Urban Roots will bear most of the costs associated with the project. Background Urban Roots is a non-profit organization whose mission is to cultivate and empower youth through nature, healthy food, and community. They provide hands-on, year-round, multi-year youth internships for 60 youth each year on St. Paul’s East Side, focused on agriculture or conservation. Interns in Urban Roots’ Market Garden Program grow, harvest, and sell vegetables. Interns in the Packet Page Number 120 of 179 G8 Conservation Program improve green spaces in the area including invasive species management and restoration of natural areas. Urban Roots is seeking a site to grow native prairie seed for their conservation projects. They presented their proposal to City Council at the February 11, 2019 Council Workshop. Three acres of land at Harvest Park had been set aside for a gardening project and was improved with compost and cover crops. Urban Roots would use up to 1-1/2 acres of that area to establish and maintain the native seed plots. Their interns will plant, maintain and hand-harvest the seed. This partnership will benefit the City by establishing pollinator habitat and aesthetic appeal at Harvest Park. It will provide opportunities to engage the community, including diverse groups of youth, in education and service. Urban Roots will bear most of the costs; the City will provide the land, a water tank and water, and collaborate on education, service learning, and community events. The attached Memorandum of Agreement outlines the project components and responsibilities of the partners (Attachment 1). Attachments 1.Memorandum of Agreement Packet Page Number 121 of 179 G8, Attachment 1 Packet Page Number 122 of 179 G8, Attachment 1 Packet Page Number 123 of 179 G8, Attachment 1 Packet Page Number 124 of 179 G9 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Audra Robbins, Parks and Recreation Manager PRESENTER: Audra Robbins, Parks and Recreation Manager AGENDA ITEM:Wakefield Park Community Building Rental Fees and Policies Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/Agreement Proclamation Policy Issue: The Wakefield Community Building is nearing completion and the City of Maplewood isexcited to share this wonderful amenity with the public. After looking at comparable buildings and rental procedures of surrounding cities, staff areproposing the following rental fees and policies for use of the facility. Recommended Action: Motion to approve the Wakefield Park Community Building Feesand Policies. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$5,000 - $7,000 in estimated revenue for 2019. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. These fees and policies reflect efforts to balance the expenses that go along with staffing and maintaining a facility of this quality while striving to keep the fees affordable for Maplewood residents. Background One of the major recommendations and strategies identified in the Maplewood Parks System Master Plan was to build a multi-purpose facility at Wakefield Park. Packet Page Number 125 of 179 G9 The new multi-purpose facility at Wakefield Park will embrace Maplewood’s diverse population and serve as a local “hub” for programming, special events, and a gathering place for residents. Attachments 1.Wakefield Park Community Building Rental Information Packet Page Number 126 of 179 G9, Attachment 1 *ADDITIONAL HOURS MAY BE ADDED TO YOUR RENTAL AT THE RATE OF $75 PER HOUR *EXCLUSIVE USE OF THE OUTDOOR PATIO MAY BE ADDED FOR AN ADDITIONAL $100 FEE Packet Page Number 127 of 179 G9, Attachment 1 Thank you for choosing Maplewood Parks & Recreation for your facility rental! Packet Page Number 128 of 179 G9, Attachment 1 Packet Page Number 129 of 179 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 130 of 179 H1 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Jane Adade, Planner Shann Finwall,AICP,Environmental Planner PRESENTER:Michael Martin, AICP, Economic Development Coordinator AGENDA ITEM: Ordinance Amendment to Require Abandoned Signs to be Removed a.Public Hearing b.Ordinance Amending Sign Regulations of Zoning Chapter c. Resolution Authorizing Publication of Ordinance by Title and Summary (4 votes) Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The city council directed staff to look into requiring the removal of abandoned signs. Recommended Action: a.Public hearing. b.Motion to approve an amendment to the sign regulations of the zoning chapter of the city codeto require removal of abandoned signs. c. Motion to approve a resolution authorizing the publication of ordinance by title and summary. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. According to Section44-731of the City Code (Sign Regulations - Purpose and Intent), signs are regulated in order to balance effective visual communication including business identification with the need for a safe, well-maintained, and attractive community. Signs must be maintained and kept in a proper state of preservation.Requiring abandoned signs to be removed would help operational effectiveness by requiring the removal of signs that can potentially become nuisances. Packet Page Number 131 of 179 H1 Background Abandoned SignDefinition An abandoned sign is defined as asign or sign structure on a site where all buildings have been demolished or removed or any sign that advertises a business, lessor, owner, product, service, or activity that is no longer located on the site premises where the sign is displayed.Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months. Surrounding Communities Upon conducting research, staff found cities such as St. Paul, Roseville, White Bear Lake, Vadnais Heights, Fridley, NorthSt. Paul,and South St. Paul require abandonedsigns to be removed within 14 days to one year after the sign is abandoned. City Code The following existing definitions and code language should be reviewed prior to amending city code to require abandoned signs to be removed: Definitions(Section 44-733) The proposed definition of an abandoned sign would include the “sign” or “sign structure.” Sign - Any structure, device, advertisement, advertising device, or visual representation intended to advertise, identify, or communicate information and to attract the attention of the public for any purpose. A sign includes any illuminated or nonilluminated symbol,letter, logo, figure, illustration or form painted or otherwise affixed to a building or structure, excluding murals. A sign also includes any beacon or searchlight intended to attract the attention of the public for any purpose. For the purpose of removal, signs shall also include all sign structures. Architectural lighting, such as neon that has no sign copy, shall not be considered to be a sign. Sign Structure - The supports, braces, and framework of a sign. Nonconforming Sign Regulations(Section 44-735) It should be noted that the removal of an abandoned sign may include the removal of a nonconforming sign. Once the sign is removed, any new sign would have to meet the current city code requirements. Many property owners intentionally maintain nonconforming signs, even when not in use, so that they can reface those signs which may vary in size or placement than the existing code. A nonconforming permanent signlawfully existing on the effective date of this article shall be allowed to continue in use, but shall not be rebuilt, relocated or altered, other than minor alterations including routine maintenance, painting, or refacing the copy of sign, without being brought into compliance with this article. After a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign. Packet Page Number 132 of 179 H1 Notice to Abate (Section 18-36) The proposed method for enforcing the removal of an abandoned sign is outlined in the notice to abate section. In summary, if a public nuisance is being maintained or exists within the city, the city shall notify the property owner in writing of the nuisance requiring them to remove the nuisance within 30 days. Noncompliance of the order is reported to the City Council for action. Property Management Interview City staff interviewed Tom Schutte, a local property manager with Tyme Properties. Tyme Properties removes wall signs and freestanding sign faces on properties they lease where the business is no longer operating. They do not remove the base of a freestanding sign, instead allowing a new business to reface that sign for their business. The main reason a business is no longer operating is because they filed for bankruptcy. In which case removal of the sign would fall to the property manager or property owner. Removal of a standard size wall sign or freestanding sign face could cost $500 to $1,000. Removal of a freestanding sign base would cost much more as it includes removal of the foundation and structure itself. Proposed Abandoned Sign Ordinance The attached abandoned sign ordinance includes the following: Abandoned sign definition. Requirement that abandoned signs and their structures be removed within three months of a vacant or unoccupied business or any sign that pertains to a time, event, or purpose that no longer applies. Enforcement of the abandoned sign ordinance as outlined in the notice to abate section of city code. Commission Actions November 20, 2018: The Planning Commission reviewed this ordinance and recommended denial. November 20, 2018: The Community Design Review reviewed this ordinance and tabled it to allow staff look at more detail regarding what constitutes removal of the sign. January 15,2019: The Community Design Review Board reviewed this ordinance and recommended approval. Attachments 1.Ordinance Amending Sign Regulations of Zoning Chapterof City Code 2.Resolution Authorizing Publication of Ordinance 3.November 20, 2018 Planning Commission Minutes 4.November 20, 2018 Design Board Minutes 5.January 15, 2019 Design Board Minutes Packet Page Number 133 of 179 H1, Attachment 1 ORDINANCE NO. ___ AN ORDINANCE AMENDING SIGN REGULATIONS OF ZONING CHAPTER OF CITY CODE The Maplewood City Council _________the following revisionto the Maplewood Code of Ordinances. (Additions areunderlined.) Section 1. Section 44-733 of the Maplewood Code of Ordinances (Sign Regulations – Definitions) is hereby amended as follows: Abandoned signmeans a sign or sign structure that is located on a building or property that has been vacant or unoccupied for a period of three months or more or a sign which pertains to a time, event, or purpose that no longer applies.Signs applicable to a business temporarily suspended because of a change in ownershipor management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months. Section 2. Section 44-736of the Maplewood Code of Ordinances (Enforcement Procedures) is hereby amended as follows: (a)Permanent signs. The city shall send a notice to the owner of any permanent sign in violation of the provisions of this article. The notice shall require that the owner correct all ordinance violations. If the sign is not a safety hazard, the city shall allow 30 days for the owner to correct the violation. If the sign is a safety hazard the city shall take immediate action to end the hazard. (b)Temporary signs.The city shall send a notice to the owner of all other illegal temporary signs and allow seven days for the owner to correct all ordinance violations or remove the sign. (c) Abandoned signs. The city shall send notice to the owner of the property on which exists any abandoned sign in violation of the provisions of this article. The notice shall require that the owner correct all ordinance violations. If the sign is not a safety hazard, the city shall allow 30 days for the owner to correct the violation. If the sign is a safety hazard the city shall take immediate action to end the hazard. (d) Removal of signs. If the sign owner does not obey the city’s orders, the city may remove or alter the sign at the owner’s expense under the procedures of sections 18-36 through 18-38 (notice to abate). The city may remove illegal signs on a public right-of-way without notice. If the city removes a sign the city may sell or dispose of it if the owner does not reclaim the sign and pay any removal costs within 30 days of the sign’s removal. Section 3. Section 44-737 of the Maplewood Code of Ordinances (Prohibited Signs) is hereby amended as follows: (k)Abandoned Signs Section 4.Section 44-740 of the Maplewood Code of Ordinances (General Regulations and Standards) is hereby amended as follows: (5)Abandoned signs. An abandoned sign is prohibited and shall be removed by the owner of the premises by removing thesignface, painting thesignface a neutral color or installing blank sign face panels. The inner components of the sign must not be exposed.If thesignface is not re-used afterone (1) year, the remainingsign structure must be removed unless the community development director grants an extension Packet Page Number 134 of 179 H1, Attachment 1 subject to the owner submitting a statement of intent and a reasonable time line for re- use of the sign structure. (6)Licensing.All contractors installing permanent or temporary portable signs must first obtain a contractor's license prior to issuance of a sign permit or installation of a permanent or temporary portable sign as defined in the citycontractor and subcontractor ordinance (article VI). Section 5. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council ________this ordinance revision on ___________. ___________________________________ Mayor Attest: __________________________________ City Clerk Packet Page Number 135 of 179 H1, Attachment 2 CITY OF MAPLEWOOD RESOLUTION NO. ______ RESOLUTION ABANDONED SIGNSORDINANCESUMMARY AUTHORIZING PUBLICATION OF ORDINANCE NO. __ BYTITLE AND SUMMARY WHEREAS, the City of Maplewood (the “City”) is a municipal corporation organized and existing under the laws of Minnesota; and WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No._, which create or amend city code to require the removal of abandoned signs;and WHEREAS, MinnesotaStatutes, §412.191, subd. 4, allows publicationby title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinanceis 2 pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. _ to be published in the official newspaper in lieu of the entire ordinance: Public Notice TheCity Council of the City of Maplewood has adopted Ordinance No. _,which create or amend city code to require abandoned signs to be removed.A summary of the ordinancefollows: Ordinance No. _ An Ordinance Requiring Removal of Abandoned Signs 1.Require the removal of abandoned signs within the city. 2.An abandoned sign shall be defined asasign structure that is located on a building or property that has been vacant or unoccupied for a period of three months or more or a sign which pertains to a time, event, or purpose that no longer applies. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months. 3. An abandoned signisprohibited and shall be removed by the owner of the premises by removing thesignface, painting thesignface a neutral color or installing blank sign Packet Page Number 136 of 179 H1, Attachment 2 face panels. The inner components of the sign must not be exposed. If the signface is not re-used after one (1) year, the remainingsign structure must be removed unless the community development director grants an extension subject to the owner submitting a statement of intent and a reasonable time line for re-use of the sign structure. Andrea Sindt, City Clerk BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the City Clerk keep a copy of the ordinance in heroffice at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. th The resolution was adopted by the City Council of the City of Maplewood this 25day of March, 2019,by a vote of ____ Ayes and ____ Nays. Marylee Abrams,Mayor ATTEST: Andrea Sindt, City Clerk Packet Page Number 137 of 179 H1, Attachment 3 MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, NOVEMBER 20, 2018 7:00 P.M. 6.NEW BUSINESS c.Amend City Code to Require Removal of Abandoned Signs i.Economic Development Coordinator, Michael Martingave thereport on Amending City Code to Require Removal of Abandoned Signs and answered questions of the commission. Staff stated the CDRB tabledthis item and directed staff to look at additionaldetails regarding what constitutestheremoval of abandoned signs. Commissioner Ige moved to approve AmendingCity Code to Require Removal of Abandoned Signs. Seconded by Commissioner Dahm. Commissioner Donofrio made a friendly amendment that the city should take the sign down if the business owner does not remove the sign. Commissioner Ige did not accept the friendly amendment. Ayes – Commissioner Dahm & Ige Nays – Chairperson Arbuckle, Commissioner’s Desai, Donofrio, Eads, & Kempe The motion failed. The five commission members that voted Nay stated they didn’t like the city code regarding the removal of abandoned signs as it was presented. Chairperson Arbuckle offered to make a motion to table this item but the commission said they were fine voting nay for the abandoned sign code amendment. Packet Page Number 138 of 179 H1, Attachment 4 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, NOVEMBER 20, 2018 6:00 P.M. 6.NEW BUSINESS a.North End Vision Study Presentation and Discussion b.Amend City Code to Require Removal of Abandoned Signs i.Economic Development Coordinator, Michael Martingave the report on Amending the City Code to Require Removal of Abandoned Signs. Chairperson Kempe statedhedoesn’t see how removing the panel of the sign looks any better exposing the inside of the sign. Boardmember Shankar asked if the business would be required to remove the sign pole and the footing foundation as well. Boardmember Thompson asked if staff looked at what it actually means if the panel of the wall sign is removed exposing the insideof the sign. He expressed that the florescent lighting and wires would still be visible inside. Boardmember Ledvina moved to table this item to direct staff to look at more detail regarding what constitutes removal of the sign. Seconded by Chairperson Kempe. Ayes – All The motion to table passed. Packet Page Number 139 of 179 H1, Attachment 5 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 15, 2019 6:00 P.M. 6.OLDBUSINESS a.Amend City Code to Require Removal of Abandoned Signs i.Economic Development Coordinator, Michael Martin introduced this item and turned the presentation over to Jane Adade. ii.Planner, Jane Adade gave the presentation to Amendthe City Code to Require Removal of Abandoned Signs. Boardmember Lamersmoved to approveAmendingthe City Code to Require Removal of Abandoned Signs. Seconded by Boardmember Ledvina . Ayes – Boardmember’s Lamers, Ledvina, Shankar & Thompson Nay – Chairperson Kempe The motion passed. Chairperson Kempe discussed his thoughts of disapproval during the discussion regarding the amendment to the abandoned signs. Packet Page Number 140 of 179 H2 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 Melinda Coleman, City Manager REPORT TO: Jane Adade, Planner REPORT FROM: Michael Martin, AICP, Economic Development Coordinator PRESENTER: Ordinance Amendment to Require Developer Open House Meeting AGENDA ITEM: a.Public Hearing b.Ordinance Amending Subdivisions and Zoning Chapters c. Resolution Authorizing Publication of Ordinance by Title and Summary (4 votes) Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The city council adopted community inclusiveness as one of its strategic objectives in 2018. With this objective the city council is looking to identify new approaches for effective communication and feedback from community members. Developer open house meetings as a form of community engagement and participation helps community members to be informed about upcoming developments. It empowers residents to influence city government decisions that shape their city and lives, and ensures that the city is working collaboratively with its members to address issues and advance growth. Recommended Action: a.Public hearing b.Motion to amend the subdivisionsand zoning chapters of the city codeto require developer open house meetings for major land use development. c. Motion to approve the resolution authorizing the publication of ordinance by title and summary. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Packet Page Number 141 of 179 H2 In an attempt to help city council advance its strategic objectives, city staff researched other cities in the Twin Cities and found several require the developer to hold an open house or neighborhood meeting prior to submitting an application for a major development to the city for consideration. Minnesota State Statute gives municipalities discretion in makingland use decisions based on advancing the health, safety, and general welfare of the community. Requiring open house meetings for major land use developments would help advance this goal and ensure that community members are more involved in decisions that impact their lives. Background Overview Certain proposals or applications for development may constitute significant departures from the present or historical use and/or zoning of a property. Prior to submitting an application for a major land use development,an applicant shall hold an open house meeting with property ownersin the locality of the potential development in order to provide a convenient forum for engaging community members in the development process, to describe the proposal in detail, andto answer questions and receivefeedback. Major Land Use Development Major land use developmentrefers to development applications thatwould significantly modify a neighborhoodincluding Variance, Conditional Use Permit (CUP), Planned Unit Development (PUD), Subdivision, Rezoning and Land Use Changerequests. Timing The open house shall be held not less than 15 days and not more than 45days prior to the submission of an application for approval of a proposal requiring a developer open house meeting. The open house meeting shall be held on a weekday evening beginning between 6:00 p.m. and 7:00 p.m. and ending by 10:00 p.m. Location The open house shall be held at a public location in or near the neighborhood affected by the proposal, and (in the case of a parcel situated near Maplewood’s boundaries) preferably in Maplewood. In the event that such a meeting space is not available the applicant shall arrange for the meeting tobe held at acity facility. Invitation The applicant shall prepare a printed invitation identifying the date, time, place, and purpose of the open house and shall mail the invitation to property owners within thepublic hearing notificationarea as established by State Statutes. The invitation shall clearly identify the name, phone number, and email address of the host of the open house to be contacted by invitees who have questions but are unable to attend the open house. The invitations shall also include a sentence that is substantially the same as the following: This open house meeting is an important source of feedback from surroundingproperty ownersand is a required step in the process of seeking city approval for the proposed \[variance, CUP, PUD, Packet Page Number 142 of 179 H2 subdivision, rezoningor land use change\], and a summary of the comments and questions raised at the open house meeting will be submitted to the city as part of the formal application. Summary The applicant must submit a written summary of the open house as a requirement of an application for approval of a proposal requiring developer open house meeting. The summary shall include a list of potential issue(s) and or concern(s). Property ownersare also encouraged to submit their own summary of the meeting highlighting concerns/issues and any mitigations and resolutions. A sign-in sheet shall be provided on which attendeesmay, but are not required, to enter their name and address. The sign-in sheet shall be submitted by the developer with the open house summary. Exemption The city managerordesigneemay allow an exemption to the open house requirement for major land use development, based on the size and impact of the proposed development, where the proposed land use development involves an existing single or double dwellingor where the proposed development would not affect the privacy of adjacent properties. The applicant must apply in writing to the city manager, explaining why an exemption is being requested and what other means they intend to create awareness about the proposed development and get feedback from residents. Appeal The applicant may appeal the decision of the city manager or designee within ten days of the notification of the decision. The applicant or any of the notified parties may appeal the decision by notifying the city manager or designee of any objections to the decision and requesting a hearing before the city council, such hearing to be held within 30 days. The right to this appeal shall be made known to all parties at the time of the notification of the decision by the city manager. Commission Actions November 20, 2018: The Planning Commissionreviewed this ordinance and tabled this item to allow staff to look at more options for exemptions to the open house meeting requirement. January 15 2019: The Planning Commission reviewed this ordinance and recommended approval. Attachments 1.Ordinance Amending Subdivisions and Zoning Chaptersof City Code 2.Resolution Authorizing Publication of Ordinance 3.November 20, 2018 Planning Commission Minutes 4.January 15, 2019 Planning CommissionMinutes Packet Page Number 143 of 179 H2, Attachment 1 ORDINANCE NO. ___ AN ORDINANCE AMENDMENT TO REQUIRE DEVELOPER OPEN HOUSEMEETING The Maplewood City Council _________the following revisionto the Maplewood Code of Ordinances. (Additions areunderlined.) Section 1. Section 34-5 of the Maplewood Code of Ordinances (Preliminary Plat Procedure) is hereby amended as follows: Before submitting an application to dividedividingany tract of land into four or more lots, a subdivider shallhold a developer open house meeting as described in section 44-22. Following the open house meeting,the subdividershall submit a preliminary plat application to the director of community development. The director of community development shall determinethe necessary application requirements and state them on a written form to be made available to the public at his office. These requirements shall apply to plats and lot divisions. The director may waive any requirements that do not apply to the proposed subdivision. Section 2.The Maplewood Code of Ordinancesis hereby amended by adding Section 44- 22 (Developer Open House Requirement): Sec. 44-22. Developer Open House Requirement. (A)Purpose – Certain proposals or applications for development may constitute significant departures from the present or historical use and/or zoning of a property. Prior to submitting an application for a major land use development, a developer shall hold an open house meeting with property owners in the locality of the potential developmentto provide a convenient forum for engaging community members in the development process, to describe the proposal in detail, and to answer questions and receive feedback. (B)Applicability – Major land use development refers to development applications that would significantly modify a neighborhood including Variance, Conditional Use Permit (CUP), Planned Unit Development (PUD), Subdivision, Rezoning and Land Use Change requests. (C)Requirement (1)Timing. The open house shall be held not less than 15 days and not more than 45 days prior to the submission of an application for approval of a proposal requiring a developer open house meeting. The open house meetingshall be held on a weekday evening beginning between 6:00 p.m. and 7:00 p.m. and ending by 10:00 p.m. (2)Location.The open house shall be held at a public location in or near the neighborhood affected by the proposal, and (in the case of a parcel situatednear Maplewood’s boundaries) preferably in Maplewood. In the event that such a meeting space is not available the applicant shall arrange for the meeting tobe held at a city facility. Packet Page Number 144 of 179 H2, Attachment 1 (3)Invitation.The applicant shall prepare a printed invitation identifying the date, time, place, and purpose of the open house and shall mail the invitation to property owners within the public hearing notification area as established by State Statutes, members of the planning commission and city council, and other community members that have registered to receive the invitations. The invitation shall clearly identify the name, phone number, and email address of the host of the open house to becontacted by invitees who have questions but are unable to attend the open house.The invitations shall also include a sentence that is substantially the same as the following: “This open house meeting is an important source of feedback from surroundingproperty owners and is a required step in the process of seeking city approval for the proposed development, and a summary of the comments and questions raised at the open house meeting will be submitted to the city as part of the formal application”. (4)Summary.The applicant must submit a written summary of the open house as a requirement of an application for approval of a proposal requiring developer open house meeting. The summary shall include a list of potential issue(s) and or concern(s). Property ownersare also encouraged to submit their own summary of the meeting highlighting concerns/issues and any mitigations and resolutions. A sign-in sheet shall be provided on which attendeesmay, but are not required, to enter their name and address. The sign-in sheet shall be submitted by the developer with the open house summary. (5)Exemption.The city managerordesignee may allow an exemption to the open house requirement for major land use development, based on the size and impact of the proposed development,where the proposed land usedevelopment involves an existingsingle or double dwelling, or where the proposed development would not affect the privacy of adjacent properties. The applicant must apply in writing to the city manager, explaining why an exemption is being requested and what other means they intend to create awareness about the proposed development and get feedback from residents. (6)Appeal.The applicant may appeal the decision of the city manager or designee within ten days of the notification of the decision. The applicant or any of the notified parties may appeal the decision by notifying the city manager or designee of any objections to the decision and requesting a hearing before the city council, such hearing to be held within 30 days. The right to this appeal shall be made known to all parties at the timeof the notification of the decision by the city manager. Section 3. Section 44-23—44-45.- Reserved Section 4. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council ________this ordinance revision on ___________. _________________ Mayor Attest: ______________________ City Clerk Packet Page Number 145 of 179 H2, Attachment 2 CITY OF MAPLEWOOD RESOLUTION NO. ______ RESOLUTION DEVELOPER OPEN HOUSE ORDINANCE SUMMARY AUTHORIZING PUBLICATION OF ORDINANCE NO. __BYTITLE AND SUMMARY WHEREAS, the City of Maplewood (the “City”) is a municipal corporation organized and existing under the laws of Minnesota; and WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No._,which create or amend city code to require developer open house; and WHEREAS, MinnesotaStatutes, §412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinanceis 2 pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. _ to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Maplewood has adopted Ordinance No. _,which create or amend city code to require developer open housemeeting for major land use development.A summary of the ordinancefollows: Ordinance No. _ An Ordinance Requiring Removal of Abandoned Signs 1.Require applicantsfor major land use development to hold an open house meeting with property owners in the locality of the potential development todescribe the proposal in detail and receive feedback from community members. 2.Major land use development shall refer to development applications that would significantly modify a neighborhood including Variance, Conditional Use Permit (CUP), Planned Unit Development (PUD), Subdivision, Rezoning and Land Use Change requests. Packet Page Number 146 of 179 H2, Attachment 2 3.Openhouse meetingrequirements as follows: a.Meeting must be held between 15 and 45 days prior to the submission of an application. b.Meeting must be held on a weekday evening between 6:00 p.m. and 7:00 p.m. c. Meeting must be held at a public location in or near the affected neighborhood. d.The applicant must send out printed invitations with the date, time, place and purpose of the open house to property owners withinthe public hearing notification area as established by State Statutes. e.The applicant must submit tothe city a written summary of the meeting as part of the application. 4.The city manager or designee may allow an exemption to the open house requirement. 5.An applicant may appeal the decision of the city manager or designee. Andrea Sindt, City Clerk BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the City Clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. th The resolution was adopted by the City Council of the City of Maplewood this 25day of March, 2019, by a vote of ____ Ayes and ____ Nays. Marylee Abrams, Mayor ATTEST: Andrea Sindt, City Clerk Packet Page Number 147 of 179 H2, Attachment 3 MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, NOVEMBER 20, 2018 7:00 P.M. 6.NEW BUSINESS a.Amend City Code To Require Developer Open House Meeting For Major Land Use Applications i.Economic Development Coordinator, Michael Martin gave the presentation on Amending City Code to Require Developer Open House Meeting For Major Land Use Applications and answered questions of the commission. The commission would like to define the term “Major” for Land Use Applications and also have more options for the exemptions to the open house requirement as stated in the staff report. CommissionerKempe moved to table Amending the City Code to Require Developer Open House Meeting for Major Land Use. Seconded by Commissioner Desai.Ayes – All The motion to table passed. November 20, 2018 Planning CommissionMeetingMinutes Packet Page Number 148 of 179 H2, Attachment 4 MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 15, 2019 7:00 P.M. 7.UNFINISHEDBUSINESS a.Amend City Code to Require Developer Open House Meeting For Major Land Use Applications. i.Economic Development Coordinator, Michael Martingave a short background to the item and turned the item over to Planner Adade. ii.Planner, Jane Adade, gave the report on Amend the City Code to Require Developer Open House Meeting for Major Land Use Applications. Commissioner Desai said in Minneapolis a single family home can be changed into a multi-family home without much discussion. Commissioner Desai felt strongly that if that were to happen in Maplewood there should be a neighborhood meeting for the surrounding neighbors to voice their concerns. Commissioner Dahm moved to recommend to approve Amending the City Code to Require Developer Open House Meeting for Major Land Use Applications. Seconded by Commissioner Kempe.Ayes – All The motion passed. This will go to the city council meeting but the date has not been determined yet. January 15, 2019 Planning CommissionMeetingMinutes Packet Page Number 149 of 179 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 150 of 179 J1 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM:Wetland Buffer Variance Resolution for an Addition to a Single Family Home, 1603 Mary Street North Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: Ann Rivard, owner of 1603 Mary Street North, is proposing to construct a four season porch addition on the back side of her home. The addition will come within 32 feet of a Manage B wetland. City code requires a 75 foot wetland buffer adjacent a Manage B wetland. The addition willrequire a43-foot wetland buffer variance. Recommended Action: Motion to approve the attached resolution approving the wetland buffer variance and buffer mitigation strategies for an addition to the single family home at 1603 Mary Street North. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The application for the variance was considered complete on January 2, 2019. State law requires that the City decide on the variance within 60 days, or if that timeline cannot be met the City must extend the application in writing for an additional 60 days. The City formally extended the timeline an additional 60 days, with a new deadline of April 27, 2019. The City Council must take action before that date. Background The applicant’s home at 1603 Mary Street was constructed in 1988. There is a Manage B wetland located on the west side of the lot, in the back yard. The existing home is located 50feet from the Packet Page Number 151 of 179 J1 wetland. The back yard consists of mowed grass with a 20-foot wide rock bed adjacent the wetland. The City’s wetland ordinance requires a 75 foot buffer around a Manage B wetland. That buffer could be reduced to 50 feet in some areas if the overall buffer maintains an average of 75 feet. No mowing, cutting, grading, or building is allowed within the buffer. The property is considered a pre-existing nonconforming lot since there is no wetland buffer being maintained adjacent the wetland at this time. Four Season Porch Addition The four season porch addition will be 18 feet deep by 14 feet wide (252 square feet in area).The existing home is located within 50 feet of the Manage B wetland. The addition will encroach further into the back yard, and be located within 32 feet of the wetland. The addition will require a43-foot wetland buffer variance. Nonconforming Single Family Home Additions The City’s wetland ordinance allows additions to pre-existing nonconforming single family homesif the addition does not encroach closer to the wetland than the existing home. In this case the applicant could feasibly construct an addition behind the attached garagewithout encroaching closer to the wetland. Due to the floorplan of the home, however, an addition in that location would not be practical. State Law State law requires that variances shall only be permitted when they are found to be: 1.In harmony with the general purposes and intent of the official control; 2.Consistent with the comprehensive plan; 3.When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plightof the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. The applicant states in her narrative attached that she would like to construct a four season porch in order to use her pre-existing non-conforming property in a reasonable manner.City staff finds that the construction of an addition to the back of the home will allow the homeowner to create a more livable spaceand will not alter the character of the neighborhood. Wetland Buffer Variance Procedure Before the City Council acts on a wetland buffer variance the Environmental and Natural Resources Commission and the Planning Commission will make a recommendation on the varianceand wetland buffer mitigation strategies. The City shall hold a public hearing for the variancewith the Planning Commission. The City shall notify property owners within 500 feet of the property for which the variance is being requested at least ten days before the hearing.The City may require the applicant mitigate the wetland buffer alteration impacts with the approval of a variance, including, but not limited to, implementing one or more of the mitigation strategies outlined below. Packet Page Number 152 of 179 J1 Wetland Buffer Mitigation Strategies The City’s wetland ordinance states the City may require an applicant to mitigate impacts to a wetland when approving a variance. Mitigation can include: 1.Reducing or avoiding the impact by limiting the degree or amount ofthe action, such as by using appropriate technology. 2.Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3.Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4.Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5.Monitoring the impact and taking appropriate corrective measures. 6.Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the City before planting. 7.Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8.A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150 percentof estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of City ordinance or City directive. Recommended Mitigation Strategies City staff discussed two wetland buffer mitigation strategies to minimize the impacts of the addition to the wetland including a raingarden and a buffer of native plants near the wetland. Since the back yard consists of mowed grass and a rock bed, staff determined that planting a buffer of native plants near the wetland would allow stormwater runoff from the entire site to filter into the buffer prior to entering the wetland. Following are theproposed mitigation strategies: 1. Planting plan for the restoration of the wetland buffer. The plan should be prepared by a person with native plant experience and include: a. Minimum 252 square foot in area, at least 5 feet in width, wetland buffer restoration of native vegetation (i.e., 10 feet wide x 25 feet long or 5 feet wide by 50 feet long). b.Wetland buffer restoration must be located directly behind the addition in one of two areas: 1) Along the east edge of the rock bed, within themowed grass area. Packet Page Number 153 of 179 J1 2) Withinthe rock bed, removing the rock and planting native vegetation in their place. c. Wetland buffer restoration must be planted with Minnesota native plants (not seed) in a mulch bed. Plants should be prairie flowers and grasses. Or, alternatively, the applicant can plant native shrubs in a mulch bed. However, the size of the planting shall be doubled to 504 square feet in area if native shrubs are used. 2.A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer mitigation. Prior to release of the wetland buffer mitigation surety, the wetland buffer native plantings must be established. The applicant recently hired Xylem Designs to draft a wetland buffer planting plan (attached).City staff reviewed the plan and has requested changes to reflect all of the mitigation strategies outlined above.The final planting plan must be submitted to City staff for approval prior to issuance of a building permit for the addition. Department Comments Senior Engineering Technician, John DuCharme: There is a 55-foot-wide drainage and utility easement that covers the west side of the lot(see Drainage and Utility Easement attached).The back of the house is about 35feet from the east line of the easement and about 90feet from the eastright-of-way line. The construction of the addition will not have an impact on the easement. Assistant City Engineer, Jon Jarosch: For reference, a raingarden designed to capture and treat runofffrom the proposed 252 square foot addition would need to be 30 cubic feet in size (approximately 5 wide x 6 feet long x 1 foot deep). Natural Resource Coordinator, Ginny Gaynor: Improvements to the wetland buffer will help mitigate the encroachments into the wetland buffer by the addition. Following are suggested wetland buffer mitigation strategies: 1.Minimum 252 square foot in area, at least 5 feet in width, wetland buffer restoration of native vegetation (i.e., 10 feet wide x 25 feet long or 5 feet wide by 50 feet long). 2.Wetland buffer restoration must be located directly behind the addition in one of two areas: a. Along the east edge of the rockbed, within the mowed grass area. b.With the rock bed, removing the rock and planting native vegetation in their place. 3.Wetland buffer restoration must be planted with Minnesota native plants(not seed)in a mulch bed. Plants should be prairie flowers and grasses.Or, alternatively, the applicant can plant native shrubs in a mulch bed. However, the size of the planting shall be doubled to 504 square feet in areaif native shrubs are used. 4.The applicant must submit a planting plan, preferably prepared by a person with native plant experience. Building Official, Jason Brash: All construction shall be built per 2012 IRC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, and 2015 Minnesota Building Code. Packet Page Number 154 of 179 J1 Commission Review The Environmental and Natural Resources (ENR) Commission reviewed the wetland buffer variance and mitigation strategies for the project during their January 23, 2019, meeting. The ENR Commission recommended approval of the wetland buffer variance and mitigation strategies as proposed by City staff. The Planning Commission held a public hearing for the wetland buffer variance on March 19, 2019. The Planning Commission recommended approval of the wetland buffer variance. Citizen Comments Staff surveyed the 37 surrounding property owners within 500 feet of the site for their opinion about this proposal. Staff received three responses: 1.Mike McKee, 2499 Idaho Avenue: Voicemail – I am okay with the variance. 2.Julie and Leslie Prahl,1507 Mary Street: E-mail – My wife and I will be unable to attend the Public Hearing. We have no objections to the proposal to construct the four season porch. 3.Greg Junek and Jackie Monahan-Junek, Vacant Property to the West of 1603 Mary Street (PIN 24-29-22-21-0079): Letter – This letter is to voice our support of Ms. Ann Rivard’s request for a wetland buffer variance to construct a four-season porch addition on the back side of her house located at 1603 Mary Street North. Reference Information Site Description Site size: 14,400 square feet, .33 acres Existing land use: Single Family Home Surrounding Land Uses North: Single Family Homes South: Single Family Homes West: Vacant Lot, Manage B Wetland East: Single Family Homes across Mary Street North Planning Land Use Plan:Single Family Residential Zoning: Single Family Residential Packet Page Number 155 of 179 J1 Attachments 1.Variance Resolution 2.Narrative 3. Location Map 4. Site Plan 5. Drainage and Utility Easements 6. Example Elevations 7. Wetland Buffer Planting Plan Packet Page Number 156 of 179 J1, Attachment 1J1, Attachment VARIANCE RESOLUTION WHEREAS, Ann Rivard applied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 1603 Mary Street North, Maplewood, MN. The property identification number is 24-29-22-21-0073. The legal description is Lot 13, Block 2, Caves Junek Park. WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams) requires a 75 foot wetland buffer adjacent to aManage B wetland. WHEREAS, the applicant is proposing to construct a 252 square foot four season porch addition on the west side of her house. The addition will come within 32 feet of the Manage B wetland, requiring an 43-foot wetland buffer variance. WHEREAS, the history of this variance is as follows: 1.On January 23, 2019, the Environmental and Natural Resources Commission reviewed the wetland buffer variance and mitigation strategies and recommended approvalof the wetland buffer variance to the City Council. 2.On March 19, 2019, the Planning Commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended approval of the wetland buffer variance to the City Council. 3.The City Council held a public meeting on March 25, 2019 to review this proposal. The City Council considered the report and recommendations of the city staff, the Environmental and Natural Resources Commission, and the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approved the above- described variance based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the construction of an addition to the back of the house. The addition will not alter the character of the neighborhood, will help create a more livable home, and allow the applicant a reasonable use of her pre-existing nonconforming property. 2.Approval of the wetland buffer variance will include mitigation strategies to reduce the impacts to the wetland. This includes the planting of native plants along the edge of the wetland. 3.Approval would meet the spirit and intent of the ordinance with the construction of a four season porch addition on a lot that is zonedresidential and designated residential in the City’s comprehensive plan. Packet Page Number 157 of 179 J1, Attachment 1J1, Attachment Approval of the wetland buffer variance shall be subject to the following: 1.Prior to issuance of a building permit for the four season porch addition at 1603 Mary Street North the applicant must submit: a.Planting plan for the restoration of the wetland buffer. The plan should be prepared by a person with native plant experience and include: 1)Minimum 252 square foot in area, at least 5 feet in width, wetland buffer restoration of native vegetation (i.e., 10 feet wide x 25 feet long or 5 feet wide by 50 feet long). 2)Wetland buffer restoration must be located directly behind the addition in one of two areas: a)Along the east edge of the rock bed, within the mowed grass area. b)With the rock bed, removing the rock and planting native vegetation in their place. 3)Wetland buffer restoration must be planted with Minnesota native plants (not seed) in a mulch bed. Plants should be prairie flowers and grasses. Or, alternatively, the applicant can plant native shrubs in a mulch bed. However, the size of the planting shall be doubled to 504 square feet in area if native shrubs are used. b.A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer mitigation. Prior to release of the wetland buffer mitigation surety, the wetland buffer native plantings must be established. Packet Page Number 158 of 179 J1, Attachment 2J1, Attachment 54 Packet Page Number 159 of 179 J1, Attachment Packet Page Number 160 of 179 J1, Attachment 4J1, Attachment 61gffu upfehf pg xfumboe Opsui NbobhfCXfumboe Packet Page Number 161 of 179 J1, Attachment 5 Packet Page Number 162 of 179 J1, Attachment 6J1, Attachment FybnqmfTuzmf- fydfqubgpvs tfbtpoqpsdixjui xbmmt0xjoepxt/ Qpsdiupibwfbo pwfsibohxjui qbujp/ Packet Page Number 163 of 179 J1, Attachment 7 Ann Rivard 1603 Mary St. N. Maplewood, MN 55419 Xylem Designs xylemdesigns@gmail.com Marsh Marigold1-2Ô feet tall Prepared for: Page 1/1 Zig Zag Goldenrod (19) Culvers Root (15)Veronicastrum virginicum O 1 box = 2 foot Great Blue Lobelia (12) Lobelia siphilitica Blue Flag Iris2-3Ô feet tall Designer: Steve DealFebruary 14, 2019 Qspqfsuz!mjof Lady Fern (10) Number of Plants Marsh Marigold (17)Caltha palustris Culvers Root3-6Ô feet tall Blue Flag Iris (13) Iris virginica shrevei Sugar Plum Coral Bell (3)Heuchera x ÓSugar PlumÔ Obujwf!NO!Qmbout!jo!Eftjho Zig Zag Goldenrod1-3Ô feet tall Botanical Plant Name Common Plant Name Great Blue Lobelia2-4Ô feet tall Approximate buffer location This buffer is 10Ôx25Ô. Culvers Root is on the wetland side. Lady Fern18-24Ò feet tallExcellent texture. Ann Rivard1603 Mary St. N.Maplewood, MN 55119 Packet Page Number 164 of 179 J2 CITY COUNCILSTAFF REPORT Meeting Date March 25, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM:Wetland Buffer Variance Resolution for aNew Single Family Home, 2657 Geranium Avenue East Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: Ben Thone of Thone Builders is proposing to subdivide the lot at 2657 Geranium Avenue into three parcels. Parcel A will contain the existing single family home, and Parcels B and C will be developed with new single family homes. There is a Manage C wetland located on the northeast corner of the lot. City Code requires a 50 foot buffer be maintained around a Manage C wetland. No mowing, cutting, grading, or building is allowed within the buffer. The new single family home on Parcel C will be constructed 10 feet closer to the road than City code allows. Grading for that home will come to within 30 feet of the Manage C wetland. Development of 2657 Geranium Avenue as proposed requires a 20-foot wetland buffer variance, and a lot divisionandreduced front yard setback authorization. Recommended Action: Motion to approve the attached resolution approving the wetland buffer variance and buffer mitigation strategies for a new single family home on Parcel C of the subdivided 2657 Geranium Avenue property. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The applicationfor the wetland buffer variance was considered complete on January 4, 2019. State law requires that the City decide on the variance within 60 days, or if that timeline cannot be met the City must extend the application in writing for an additional 60 days. The City formally extended the Packet Page Number 165 of 179 J2 timeline an additional 60 days, with a new deadline of May 4, 2019. The City Council must take action before that date. Background Ben Thone purchased the property at 2657 Geranium Avenue last year in hopes of subdividing it into three lots, oneparcel for the existing home and two parcels for the development of new single family homes. The subdivision of a lot into three parcels requires administrative reviewand approval by City staff if they meet the required lot dimensions and setbacks. The applicant had submitted the lot division application for review by City staff. However, during survey work on the property it was discovered that there is a wetland located on the northeast corner of the lot. The wetland was not identified on the City,Watershed District, or National wetland maps. The applicant had the wetland delineated. The Ramsey-Washington Metro Watershed District approved the delineation and classified the wetland as a Manage C. Lot Division and Front Yard Setback City staff worked with the applicant to create a development plan that would have minimal impacts on the newly discovered wetland. By meeting the minimum lot width requirements for Parcel A and B, it created a larger Parcel C allowing room for development of the newsingle family home as far away from the wetland as possible. Following are the lot division and front yard setback details: Single Family Lot Guidelines Single family lots are required to have at least 10,000 square feet in area and be at least 75 feet in widthat the building setback line. The current lot is 1.61 acres in size. Subdivision of the lot will create threeparcels that meet the dimension and setbacks of existing structures as follows: Parcel A (Existing Home): 75 feet in width at the building setback and 18,918 square feet in area.Existing home will meet the minimum setback requirements to the lot lines. Parcel B (Vacant Lot): 75 feet in width at the building setback and 17,625 square feet in area Parcel C (Vacant Lot): 143.66 feet in width and 31,551 square feet in area Front Yard Setback The two new single family homes must be constructed with a front yard setback that is in line with existing homes on each side. In this case, 41 feet to the front property line. The new single family home on Parcel C will be constructed 21 feet closer to the front property line, within 20 feet. This will shift the house as far away from thewetland as possible. City code allows for reduced front yard setbacks if itdoes not adversely affect the drainage of surrounding properties, affect the privacy of adjacent homes, or save significant natural features. The 20-foot front yard setback for Parcel C will comply with all three of these standards. Wetland Ordinance Manage C Wetland City code requires a 50-foot wetland buffer be maintained around a Manage C wetland. No mowing, cutting, grading, or building is allowed in the buffer. Grading for the new single family Packet Page Number 166 of 179 J2 home on Parcel C will come to within 30 feet of the Manage C wetland, requiring a 20-foot wetland buffer variance. The new single family home on Parcel B will maintain the required wetland buffers. Wetland Buffer Variance Procedure Before the City Council acts on a wetland buffer variance the Environmental and Natural Resources (ENR) Commission and the Planning Commission will make a recommendation on the variance and wetland buffer mitigation strategies. The City shallhold a public hearing for the variancewith the Planning Commission. The City shall notify property owners within 500 feet of the property for which the variance is being requested at least ten days before the hearing.The City may require the applicant mitigate the wetland buffer alteration impacts with the approval of a variance, including, but not limited to, implementing one or more of the strategies listed in the mitigation strategies outlined below. State Law State law requires that variances shall only be permitted when they are found to be: 1.In harmony with the general purposes and intent of the official control; 2.Consistent with the comprehensive plan; 3.When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. The applicant states in his narrative attached that construction of the new single family home on Parcel C will not alter the essential character of the neighborhood. The wetland buffer variance will ensure there is a family-friendly rear yard use. City staff finds that the new single family home is in harmony with the surrounding residential uses. Wetland Buffer Mitigation Strategies The City’s wetland ordinance states the City may require an applicant mitigate impacts to a wetland when approving a variance. Mitigation can include: 1.Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2.Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3.Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4.Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5.Monitoring the impact and taking appropriate corrective measures. Packet Page Number 167 of 179 J2 6.Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the City before planting. 7.Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8.A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150 percentof estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinanceor city directive. Recommended Mitigation Strategies To mitigate the impacts of the development of the new single family home near the Manage C wetlandon Parcel C, City staff recommends the following mitigation strategies: 1. Wetland Buffer Sign Plan: a.Prior to issuance of a grading permit the applicant must submit a wetland buffer sign plan that shows the location of at least four signs installed along the buffer on Parcel B and C. b.Wetland buffer signs will indicate no mowing, cutting, grading, or building is allowed in the buffer. c. Applicant will survey sign locations along wetland buffer prior to installation. 2.Wetland Restoration: a. Prior to issuance of a grading permit the applicant must submit a wetland buffer restoration plan as follows: 1) Buffer restoration area to be a minimum 1,622 square feet in area,located on the north side of the gradinglimits on Parcel C. 2)Buffer restoration area must be planted with Minnesota native plants (not seed) in a mulchbed. 3.Tree Preservation Plan: a.The applicant will submit a tree preservation plan as follows: 1)Location, size, species of all significant trees on Parcels B and C. 2)Grading limits and tree removal for Parcels B and C. 3)Landscape plan showing all required replacement trees per City code. Packet Page Number 168 of 179 J2 4.A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer signs, native wetland buffer plantings, and any required tree replacement. Prior to release of the escrow, the wetland buffer signs must be installed, native plantings must be planted and established, and all required replacement trees planted with at least a one-year warranty on tree replacement. Commission Review The ENR Commission reviewed the wetland buffer variance and mitigation strategies during their January 23, 2019, meeting. The ENR Commission recommended approval of the wetland buffer variance and mitigation strategies as proposed by City staff. The Planning Commission held a public hearing for the wetland buffer variance on March 19, 2019. The Planning Commission recommended approval of the wetland buffer variance for the new single family home. Citizen Comments Staff surveyed the 44 surrounding property owners within 500 feet of the site for their opinion about this proposal. Staff received three responses: 1.Jeanette and David Drummond, 2691 Geranium Avenue: E-mail - Our thoughts: It doesn't sound very wise to build within the 50 foot Manage C wetland buffer that is in the city code. The block is like a bowl with that property at the bottom. Why build more on this wetland that could get larger. (it looks bad to us already). That hole has been catching all the water for decades. No wonder they never built on it since 1938. Is fixing the clay pipe going to remove the wetland? Will the lot at the East be reinforced? This part of the block might already be sagging a little West. We are thinking of future problems that could occur. Who would be responsible? Our street was re-done ten years ago and we don't want to have to pay for that again. Will filling in the hole guarantee stability of the lots in relation to the street? We are concerned about the new houses being too close to the street to maintain the look of the block, and would rather not see a two story house built which also does not match the rest of the houses. The proposed 35' deep home seems unnecessarily large. Wouldn't just one house on parcel B be enough and maybe more safe? It could make one great lot with alarge rambler and plenty of room for trees back on the watershed corner. 2.Linda Grufman, 2682 Maryland Avenue: Telephone call – Concerns about impacting the drainage of water for the house to the east. 3.Jeff Meyer,LCS Lawn and Tree Service Inc,1177 Century Ave N: E-mail - I received your letter regarding the proposed development of the extralots at 2657 Geranium by Ben Thone. I would like to see those lots be developed and I think Ben would do a great job. He already has dramatically improved the existing home which was previously by far the worst Packet Page Number 169 of 179 J2 house in the neighborhood. I think two new homes would be a nice improvement to this neighborhood. The previous home owner was mowing the areas that you have indicated as a wet land up until a few years ago. She had approached us about 2 or 3 years ago and wanted us to mow it for her after her tractor broke down. At that point it was too overgrown for our mower to get in there and I feel it has been kind of an eyesore ever since. It is nice to see that area starting to get cleaned up. Ben has my full support. REFERENCE INFORMATION Reference Information Site Description Site size: 70,201.30square feet, 1.61acres Existing land use: Single Family Home Surrounding Land Uses North: Single Family Homes South: Single Family HomesAcross Geranium Avenue West: Single Family Homes East: Single Family Homes Planning Land Use Plan:Single Family Residential Zoning: SingleFamily Residential Attachments 1.Variance Resolution 2.Narrative 3. Location Map 4.Aerial Photo 5. Survey 6. Example Elevations Packet Page Number 170 of 179 J2, Attachment 1 VARIANCE RESOLUTION WHEREAS,Ben Thone applied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 2657 Geranium Avenue, Maplewood, MN. The property identification number prior to subdivision is 25-29-22-11-0018. The legal description prior to subdivision is Lots 17 through Lot 19, Block 6, Midvale Acres No. 2.The legal description after subdivision is that part of Lots 17, 18 and 19, Block 6, Midvale Acres No. 2, Ramsey County, Minnesota lyingEast of the West 150.00 feet thereaof. WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams) requires a 50 foot wetland buffer adjacent to aManage C wetland. WHEREAS, the applicant is proposing to construct a new single family home on the new lot. Grading for the new home will come within 30 feet of the Manage C wetland, requiring a 20 foot wetland buffer variance. WHEREAS, the history of this variance is as follows: OnJanuary23, 2019, theEnvironmental and Natural ResourcesCommission reviewed the wetland buffer variance andmitigation strategiesand recommendedapprovalof the wetland buffer variance to the City Council. On019, thePlanning Commission held a public hearingtoreview this proposal. City staffpublished anotice inthe paper and sent notices tothe surrounding property owners as required by law.ThePlanning Commissiongave everyone at the hearing a chanceto speakand present written statements.ThePlanning Commission recommendedof the wetland buffer variancetothe City Council. The City Council held apublic meeting on, 2019to review this proposal.The City Council consideredthereport and recommendations of the city staff,thePlanning Commission,and the Environmental and Natural Resources Commission. NOW,THEREFORE, BE IT RESOLVED thattheCity Councilapprovedthe above- described variance based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer would not allow for a family-friendly back yard for the new single family home. The single family home will not alter the character of the neighborhood. 2.Approval of the wetland buffer variance will include mitigation strategies to reduce the impacts to the wetland. This includes the planting of native plants along the edge of the wetland. 3.Approval would meet the spirit and intent of the ordinance with the construction of a single family home on a lot that is zoned residential and designated residential in the City’s comprehensive plan. Packet Page Number 171 of 179 J2, Attachment 1 Approval of the wetland buffer variance shall be subject to the following: . Wetland Buffer Sign Plan: a.Prior to issuance of a grading permit the applicant must submit a wetland buffer sign plan that shows the location of at least four signs installed along the buffer on Parcel B and C. b.Wetland buffer signs will indicate no mowing, cutting, grading, or building is allowed in the buffer. c.Applicant will survey sign locations along wetland buffer prior to installation. 2.Wetland Restoration: a.Prior to issuance of a grading permit the applicant must submit a wetland buffer restoration plan as follows: 1)Buffer restoration area to be a minimum 1,622 square feet in area, located on the north side of the gradinglimits on Parcel C. 2)Buffer restoration area must be planted with Minnesota native plants (not seed) in a mulch bed. 3.Tree Preservation Plan: a.The applicant will submit a tree preservation plan as follows: 1)Location, size, species of all significant trees on Parcels B and C. 2)Grading limits and tree removal for Parcels B and C. 3)Landscape plan showing all required replacement trees per City code. 4.A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer signs, native wetland buffer plantings, and any tree required tree replacement. Prior to release of the escrow, the wetland buffer signs must be installed, native plantings must be planted and established, and all required replacement trees planted with at least a one-year warranty on tree replacement. Packet Page Number 172 of 179 J2, Attachment 2 4§®­¤ "´¨«£¤±² ΑΑΓΑ #®³³ ¦¤ '±®µ¤ !«¢®µ¤Ǿ 7®®£¡´±¸ -. Ȟ 651-436-2459 Ȟ Ben@thonebuilders.com * ­´ ±¸ Ζ³§Ǿ ΑΏΐΘ #¨³¸ ®¥ - ¯«¤¶®®£ 2%Ȁ 6 ±¨ ­¢¤ !¯¯«¨¢ ³¨®­ %­µ¨±®­¬¤­³ « lj %¢®­®¬¨¢ $¤µ¤«®¯¬¤­³ $¤¯ ±³¬¤­³ ΐΘΏΑ #®´­³¸ 2® £ " % ²³Ǿ - ¯«¤¶®®£Ǿ -.ȁ ΔΔΐΏΘ $¤ ± #¨³¸ ®¥ - ¯«¤¶®®£ 2%Ȁ 6 ±¨ ­¢¤ !¯¯«¨¢ ³¨®­Ȁ This site was originally subdivided by Midvale Acres No. 2 in 1938. At that time our site was subdivided into 3 single family lots. The plat indicates low ground running through these three lots as well as many additional lots on the plat. At some point said three lots were consolidated into one tax parcel and a home built on the west side of the property. We are now intending to re-subdivide back into three parcels. Parcels B and C on the proposed lot split are severely affected by a small rear yard wetland which has been delineated and approved by the Watershed District. This wetland is drained by an existing clay storm pipe which was installed many years ago. The inlet for the clay pipe was found to be crushed and non-functional when the survey work was done on this lot split back in August of 2018. Due to the lack of a functional outlet, the surrounding area has become saturated and a wetland has developed. This wetland lies within proposed Parcels B and C and is 10,186sf in area. The watershed has no wetland buffer requirements for a wetland less than 1 acre. However,the city has a 50-footwetland buffer requirement around this wetland. Said buffer, is about two and a half times larger (25,102sf) than the actual wetland and so places a huge restriction on the two easterly parcels as far as buildable and usable yard area. We feel a decent sized home can be built, and yard graded, on Parcel B with the 50-footwetland buffer requirement remaining as is. However, on Parcel C, in order to build an acceptable size home with a decent rear yard slope down to natural grade we will need some variance help. Without a variance only a 24-foot-deephome could be built leaving no room for a slope to the rear natural grade out of the walkout (this is a non-buildable situation). We are proposing a reduction in the front yard setback by 10 feet. The 30-footfront setback would become a 20-footsetback. This will help expand the building area front to back. In addition, we are asking for a wetland buffer variance in the proposed house pad area from 50 feet down to a width of about 30 to 32 feet. Said reduction in buffer is more fully shown in hatched highlight on the lot split survey. The approval of the two variances will allow for a 35+- foot deep home, and will allow us to grade an acceptable slope down from the rear walkout wall down to natural grade. Said grading allows for a 10-foot-wideyard area directly behind home with a 5% slope andin addition another 7 feet or so to slope down at about 15% to natural grade. This area would remain outside the buffer and could be sodded and used for normal rear yard purposes (ex: swing set, patio, fire pit, lawn games) free from buffer requirements. The approval of the above variances will allow a home to be built which is in harmony with the existing zoning district and comprehensive plan. Said residential single-familyhome will have a smaller front yard setback. This however fits with the existing neighborhood as the front yard setbacks for existing homes are not standard but vary from 30 feet to around 70 feet. The variance will allow a home with a main floor approximately 1,100sf in size to be builtwith potential additional square footage on a second level. This fits the neighborhood well. The five nearest adjacent homes currently range from 952sf up to 2320sf in size. The variance is not requested to build a home that is larger than most but rather a home that fits the existing neighborhood average size.All homes in the area have large rear yards which are used for common family uses such as play space for kids, entertaining friends, grilling, gardening etc. Currently without a variance, there will be no family and neighborhood friendly rear yard use. With the requested variance, the rear yard on this lot can be used for the Packet Page Number 173 of 179 J2, Attachment 2 same types of usesas adjacent homes. Do to the wetland buffer area that will remain and apply to this lot, said uses will be restricted and limited (15’-19’) to the space directly adjacent to the rear of the structure, but enoughyard will be available for the common neighborhood rear yard uses. The above clearly shows that this requested variance will not alter the essential character of the locality but in fact will make it conform more closely to said character. Sincerely, "¤­© ¬¨­ 4§®­¤Ǿ Ȩ, ­£ /¶­¤±-Developer) 6¨¢¤ 0±¤²¨£¤­³ Packet Page Number 174 of 179 J2, Attachment 3 Packet Page Number 175 of 179 J2, Attachment 4 Packet Page Number 176 of 179 J2, Attachment 5 61(XfumboeCvggfs pg BsfbHsbejohXjuijoXfumboeCvggfs D Qbsdfm Xfumboe D Nbobhf Packet Page Number 177 of 179 J2, Attachment 6 Single Family House Elevation - Example 1 Packet Page Number 178 of 179 J, Attachment Single Family House - Example 2 Packet Page Number 179 of 179