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HomeMy WebLinkAbout2022-03-14 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 14, 2022 Held Remotely Via Conference Call Dial 1-312-626-6799 or 1-888-788-0099 When Prompted Enter Meeting ID: 859 2710 4273# No Participant ID, Enter # When Prompted Meeting No. 06-22 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. February 28, 2022 City Council Workshop Meeting Minutes 2. February 28, 2022 City Council Meeting Minutes 3. March 07, 2022 City Council Special Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 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. Local Lawful Gambling Permit for Knights of Columbus #4374, 1695 Kennard Street 3. Bituminous Material Purchases for the 2022 Season 4. Resolution Directing Modification of Existing Construction Contract, Change Order, No. 31, 32 and No. 33, North Fire Station Construction Project 5. Resolution Supporting Funding for Planning and Design Engineering for a Grade Separated Interchange at the Intersection of Trunk Highway 36 and Trunk Highway 120 (Century Avenue) 6. 2021 Collective Bargaining Agreements a. LELS Officers Local 153 b. LELS Sergeants Local 173 7. Reimbursement and Escrow Agreement for 2501 Londin Lane Apartments, City Project 21-23 H.PUBLIC HEARINGS–If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Conditional Use Permit Resolution, Superior Landscape and Irrigation, 2714 and 2730 Highwood Avenue 2. McMenemy Street Improvements, City Project 21-02 a. Resolution Approving Plans and Specifications and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll 3. Cope Avenue Improvements, City Project 21-06 a. Resolution Approving Plans and Specifications and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll 4. Gervais Area Pavement Rehabilitation, City Project 21-07 a. Resolution Approving Plans and Specifications and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll 5. Resolution Establishing Precinct Boundaries and Polling Locations 6. Intent to Close Meeting (Minn. Stat. Section 13D.05 subd. 3(c)) to Discuss the Purchase of The Ponds at Battle Creek and the 77-acre Undeveloped Parcel North of the Ramsey County Correctional Facility K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30P.M. Monday,February28, 2022 Held Remotely Via Conference Call A.CALL TO ORDER A meeting of the City Council was held remotely via conference call and was called to order at5:32 p.m. by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent C.APPROVAL OF AGENDA CouncilmemberKnutsonmoved to approve the agenda assubmitted. Seconded by CouncilmemberJuenemannAyes – All, via roll call The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Update on Emma’s Place City Manager Coleman gave the staff report. Lieutenant Dugas and Officer Bergeron gave the presentation. Tonya Brownlow, Executive Director at Emma Norton Servicesand Zenzele Isoke, Board member with Emma Norton Service addressed the council, gave further information, and answered questionsof the council. F.ADJOURNMENT Mayor Abramsadjourned the meetingat6:59p.m. February28, 2022 City Council Workshop Minutes 1 City Packet Page Number 1 of 141 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 28, 2022 Held Remotely Via Conference Call Meeting No. 04-22 A.CALL TO ORDER A meeting of the City Council was held remotely via conference calland was called to order at 7:06p.m. by Mayor Abrams. Mayor Abrams requested 2 minutes of silence for the people and the country ofUkraine. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA CouncilmemberJuenemannmoved to approve the agenda as submitted. Seconded by CouncilmemberCave Ayes – All, via roll call The motion passed. E.APPROVAL OF MINUTES 1.February 14, 2022City Council Workshop Meeting Minutes CouncilmemberCavemoved to approve the February 14, 2022 City CouncilWorkshop Meeting Minutes assubmitted. Seconded by CouncilmemberJuenemannAyes – All, via roll call The motion passed. 2.February 14, 2022City Council Meeting Minutes CouncilmemberJuenemannmoved to approve the February 14, 2022 City CouncilMeeting Minutes assubmitted. Seconded by CouncilmemberCaveAyes – All, via roll call The motion passed. February 28, 2022 City Council Meeting Minutes 1 Council Packet Page Number 2 of 141 E2 F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City Manager Coleman gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. Mayor Abrams spoke of returning to in-person meetings beginning March 28, 2022 presuming Covid numbers remain under guidelines. Mayor Abramsmoved to set a Special Meeting on Monday, March 7, 2022 at 5:30 p.m. to discuss options forthe Ponds Golf Course. Seconded by CouncilmemberCaveAyes – All, via roll call The motion passed 2.Council Presentations None 3.2021 Rice Larpenteur Alliance Annual Report Assistant Community Development Director Martin introduced the item. Kim O’Brien, Rice Larpenteur Alliance Executive Director, gave the presentation. NoAction Required. 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. Agenda item G4 was highlighted. CouncilmemberJuenemannmoved to approve agenda items G1-G6. Seconded by CouncilmemberCaveAyes – All, via roll call The motion passed. 1.Approval of Claims CouncilmemberJuenemannmoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 298,950.33 Checks # 108589 thru # 108619 dated 02/15/22 $ 760,091.10 Checks # 108620 thru # 108641 dated 02/22/22 February 28, 2022 City Council Meeting Minutes 2 City Packet Page Number 3 of 141 E2 $ 764,371.41 Disbursements via debits to checking account dated 02/07/22 thru 02/20/22 $ 1,823,412.84 Total Accounts Payable PAYROLL $ 575,760.78 Payroll Checks and Direct Deposits dated 02/18/22 $ 575,760.78 Total Payroll $ 2,399,173.62 GRAND TOTAL Seconded by CouncilmemberCaveAyes – All, via roll call The motion passed. 2.Investment Report for Month Ended January 31, 2022 No Action Required. 3.Equipment Use Agreement with City of Woodbury Regarding GrayKey Technology CouncilmemberJuenemannmoved to approve the agreement with City of Woodbury regarding GrayKey technology for lawful data extraction from mobile devices. Seconded by CouncilmemberCaveAyes – All, via roll call The motion passed. 4.Resolution Approving ICAC (Internet Crimes Against Children) Task Force Joint Powers Agreement with the State of Minnesota (BCA) CouncilmemberJuenemannmoved to approve the resolutionapproving the ICAC (Internet Crimes Against Children) Task Force Joint Powers Agreement with the State of Minnesota (BCA). Resolution22-02-2049 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF MAPLEWOOD ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (ICAC) WHEREAS, the City of Maplewood, on behalf of its Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of PublicSafety, Bureau of Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute crimes committed against children and the criminal exploitation on children that is committed and/or facilitated by or through the use of computers. February 28, 2022 City Council Meeting Minutes 3 Council Packet Page Number 4 of 141 E2 NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Maplewood on behalf of its Police Department, are hereby approved. A Copy of the Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Public Safety Director, Brian Bierdeman, or his or hersuccessor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That Marylee Abrams, the Mayor for the City of Maplewood, and Andrea Sindt, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Seconded by CouncilmemberCave Ayes – All, via roll call The motion passed. 5.Cooperative Funding Agreement for the Rice Larpenteur Alliance CouncilmemberJuenemannmoved to approvethe Cooperative Funding Agreement for Rice Street and Larpenteur Avenue Gateway Alliance Consulting Services. Seconded by CouncilmemberCaveAyes – All, via roll call The motion passed. 6.Purchase of Park Maintenance Tractor Councilmember Juenemannmoved to approve the purchase of a Park Maintenance tractor and direct the Mayor and City Manager to enter into a contract with Midwest Machinery Company for the purchase under Sourcewell Contract #031121-DAC in the amount of $66,467.87. Seconded by CouncilmemberCaveAyes – All, via roll call The motion passed. H.PUBLIC HEARINGS– If youare 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. Allcomments/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.McMenemy Street Improvements, City Project 21-02 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) February 28, 2022 City Council Meeting Minutes 4 City Packet Page Number 5 of 141 E2 c. Use of Bolton and Menk, Inc. for Professional Design Services Public Works Director Love introduced the item. Assistant City Engineer Jarosch gave the staff report and presentation. Mayor Abrams openedthepublic hearing. The following people spoke: Sonnie Elliott – 340 Summer Lane Sue Arnold – 1736 McMenemy Street Mark Waegener – 1739 McMenemy Street Mayor Abrams closed the public hearing. Assistant City Engineer Jarosch answered questions of residents and council. CouncilmemberJuenemannmoved to approve the Resolution Ordering the Improvement for the McMenemy Street Improvements, City Project 21-02 (Four affirmative votes are required to approve this resolution). Resolution 22-02-2050 ORDERING IMPROVEMENT th WHEREAS, pursuant to a resolution of the City Council adopted February 14, 2022, a date for a council hearing was set on the proposed street improvements for the McMenemy Street Improvements, City Project 21-02; and WHEREAS, a notice was mailed ten days in advance to residents and a notice of the th hearing was published, and the hearing was duly held on February 28, 2022; and the council has heard all persons desiring to be heard on the matter and has fully considered the 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 McMenemy Street Improvements, City Project 21-02. 2.Such improvements ordered as proposed in the Council resolution adopted on the h 28day of February, 2022. 3.The City Engineer, or his designee, is the designated engineer for this improvement project and is hereby directed to preparefinal plans and th specifications as previously directed by the City Council at the February 14, 2022 council meeting. 4.The Finance Director was authorized to make the financial transfers necessary for th the preparation of plans and specifications at the February 14, 2022 council meeting. A budget of $5,448,000 was established at that time. The proposed financing plan shall be implemented and is as follows: February 28, 2022 City Council Meeting Minutes 5 Council Packet Page Number 6 of 141 E2 Estimated Project Cost Recovery Funding SourceTotal Amount% of Total Environmental Utility Fund $1,059,100 19% G.O. Bonds Improvement $1,156,600 21% Sanitary Sewer Fund $54,200 1% Special Benefit Assessment $630,30012% St. Paul Regional Water $1,104,800 20% W.A.C. Fund$193,000 4% Local Road Improvement Grant$1,250,00023% Total Estimated Project Funding:$5,448,000100% Seconded by CouncilmemberCave Ayes – All, via roll call The motion passed. CouncilmemberJuenemannmoved to authorize the use of Bolton and Menk, Inc. for professionaldesign services and further authorize the Mayor and City Manager to sign the attached work order with Bolton and Menk, Inc. Seconded by CouncilmemberCaveAyes – All, via roll call The Motion Passed. I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Penalties for 2021 Alcohol Compliance Failures City Clerk Sindt gave the staff report. Dao Hoang, ownerof Bleechers Bar & Grilladdressed the council to give information on the compliance failure. Justin Olson, general managerof Buffalo Wild Wingsaddressed the council to give information on the compliance failure. Anwar Bhimani, ownerHillside Liquorand employee, Reddy Randhir addressed the council to give information on the compliance failure. Biniam Tekola, ownerof Sarrack’s Wine & Spirits addressed the council to give information on the compliance failure. Touyer Moua, manager of Unsion Restaurant & Banquetaddressed the council to give information on the compliance failure. CouncilmemberJuenemannmoved to approvethecompliance failurepenalties as proposed by staff. Seconded by CouncilmemberVillavicencioAyes – All, via roll call The motion passed. 2. McCarrons Water Treatment Plant Improvement Project, 1900 Rice Street North a.Conditional Use Permit Amendment Resolution b.Design Review Resolution February 28, 2022 City Council Meeting Minutes 6 City Packet Page Number 7 of 141 E2 Assistant Community Development Director Martin gave the presentation. Patrick Shea, General Manager atSt Paul Regional Water Services, addressed the council and provided information. Will Menkhaus, project manager with St Paul Regional Water Services, gave further comments. Mayor Abramsmoved to approve the resolution for a conditional use permit amendment permitting Saint Paul Regional Water Services to construct improvements to its McCarrons Water Treatment Plant at 1900 Rice Street North. Resolution22-02-2051 CONDITIONAL USE PERMIT AMENDMENTRESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Saint Paul Regional Water Services has requested approval of a conditional use permit amendment. 1.02The property is located at 1900 Rice Street North. The legal descriptions for the properties comprising the Saint Paul Regional Water Services’ McCarrons Water Treatment Plant can be found in attachment 12 of this report. Section 2. Standards. 2.01City Ordinance Section 44-1092(1) requires a Conditional Use Permit for public and private utilities, public service or public building uses. 2.02General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed andoperated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. February 28, 2022 City Council Meeting Minutes 7 Council Packet Page Number 8 of 141 E2 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01The Cityconducted the following review when considering this conditional use permit amendment request. 1.On February 15, 2022, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2.On February 28, 2022 the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5.City Council 5.01The city council hereby approvesthe resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.Adherence to the site plan date-stamped January 28, 2022. The director of community development may approve minor changes. 2.The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.Design review must be approved by the Community Design Review Board prior to issuance of a building permit. February 28, 2022 City Council Meeting Minutes 8 City Packet Page Number 9 of 141 E2 5.Prior to any permits being issued for this project, the applicant shall submit a Construction Management Plan for approval by the City’s Public Works Director. This plan should include, at a minimum, the following items: a.SPRW Project Contact info for residents to call/email with questions and complaints. b.Hours and days of construction activity. c. Outline of project communication to the adjacent neighborhood, which includes: 1.Quarterly newsletter 2.Weekly email updates 3.Up-to-date project website d.Construction traffic routing. 1.Including prohibiting construction traffic east of the site along Roselawn Avenue. e.Outline of how demolition and excavated material will be handled and stored. f.A dust mitigation plan. 6.Applicant shall construct and maintain for the duration of the construction project a temporary 10-foot screening fence for Area 1, a temporary 15-foot berm for Area 2 and the planting of at least 40 new trees, with the preservation of existing trees within 30 feet of the residential property line, in Area 3. Areas 1, 2 and 3 are designated by the applicant’s submittal on February 15, 2022. At the completion of the project, the applicant shall landscape all three areas as approved in the landscape plan. 7.Approval of this resolution shall terminate the previous conditional use permit resolutions approved on December 15, 1988, June 10, 1996, August 11, 1997, December 10, 2001, June 23, 2003 and April 23, 2018. Seconded by Councilmember KnutsonAyes – All, via roll call The motion passed. CouncilmemberVillavicenciomoved to approve a design review resolution allowing Saint Paul Regional Water Services to construct improvements to its McCarrons Water Treatment Plant at 1900 Rice Street North. Resolution22-02-2052 DESIGN REVIEW RESOLUTION February 28, 2022 City Council Meeting Minutes 9 Council Packet Page Number 10 of 141 E2 Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Saint Paul Regional Water Services has requested approval of site and design plans. 1.02The property located isat 1900 Rice Street North. The legal descriptions for the properties comprising the Saint Paul Regional Water Services’ McCarrons Water Treatment Plant can be found in attachment 12 of this report. 1.03 On February 15, 2022, the community design review board reviewed this request. The applicant was provided the opportunity to present information to the community design review board. The community design review board considered all of the comments received and the staff report, which are incorporated by reference into this resolution. Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development is in keeping with the character ofthe surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would providea desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01The above-described site and designs plans are hereby approved based on the findings outlined in Section 2 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the site plan and design plans date-stamped January 28, 2022. Approval is subject to the applicant doing the following: 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.All requirements of the fire marshal and building official must be met. February 28, 2022 City Council Meeting Minutes 10 City Packet Page Number 11 of 141 E2 3.Meet all requirements in the engineering report, dated February 4, 2022. 4.Meet all requirements in the environmental report, dated February 8, 2022. 5.The applicant shall obtain all required permits from the Capital Region Watershed District. 6.All rooftop equipment shall be screened. 7.Signage for this site is not approved. All signs require permits. 8.Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a.A screening plan that incorporates a temporary 10-foot screening fence for Area 1, a temporary 15-foot berm for Area 2 and the planting of at least 40 new trees, with the preservation of existing trees within 30 feet of the residential property line, in Area 3. Areas 1, 2 and 3 are designated by the applicant’s submittal on February 15, 2022. b.A soils storage plan. Any storage of soil outside of the project area will require separate City approval. c. The applicant shall submit a Construction Management Plan for approval by the City’s Public Works Director. d.Payment to the city’s tree fund to meet the requirements of the city’s tree replacement code. e.The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 9.The applicant shall complete the following before occupying the building: a.Replace any property irons removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. 10. If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to the public health, safety or welfare. February 28, 2022 City Council Meeting Minutes 11 Council Packet Page Number 12 of 141 E2 b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 11.All work shall follow the approved plans. The director of community development may approve minor changes Seconded by Councilmember JuenemannAyes – All, via roll call The motion passed. 3.Intent to Close Meeting (Minn. Stat. Section 13D.05 subd. 3(c)) to Discuss the Sale of City-Owned Properties at 1375 Frost Avenue and 1900 Clarence Street Assistant Community Development Director Martin gave the staff report. Mayor Abramsmoved to close the meeting and go into a closed session to consider purchase offers or counteroffers for the properties located at 1375 Frost Avenue East and 1900 Clarence Street North pursuant to Minnesota Statutes Section 13D.05 subd. 3(c), Seconded by CouncilmemberJuenemannAyes – All, viaroll call The motion passed. Mayor Abrams closed the meeting at 9:34p.m. Present at the closed session: Mayor Abrams, Councilmember Juenemann, Councilmember Knutson, Councilmember Villavicencio, Councilmember Cave, City Manager Coleman, Assistant City Manager/HR Director Darrow, City Attorney Batty, Assistant Community Development Director Martin, Public Safety Director Bierdeman, and IT Director Fowlds. Mayor Abrams called the meeting back to order at9:54p.m. 4.Intent to Close Meeting (Minn. Stat. Section 13D.03) to Discuss Labor Contract Updates Assistant City Manager/HR Director Darrow gave the staff report. Councilmember Juenemannmoved to close the meeting and go into a closed session to discuss strategies, review offers received from the bargaining units, analyze fiscal considerations, and to develop negotiation positions for the City’s seven collective bargaining units, pursuant to Minnesota Statutes Section 13D.03,Subd. (b). Seconded by CouncilmemberCaveAyes – All, via roll call The motion passed. Mayor Abrams closed the meeting at 9:56 p.m. February 28, 2022 City Council Meeting Minutes 12 City Packet Page Number 13 of 141 E2 Present at the closed session: Mayor Abrams, Councilmember Juenemann, Councilmember Knutson, Councilmember Villavicencio, Councilmember Cave, City Manager Coleman, Assistant City Manager/HR Director Darrow, and IT Director Fowlds. Mayor Abrams called the meeting back to order at10:07p.m. 5.AWARD OF BIDS None 6.ADJOURNMENT Each councilmember shared thoughts on current events. Mayor Abramsadjourned the meeting at10:10 p.m. February 28, 2022 City Council Meeting Minutes 13 Council Packet Page Number 14 of 141 E3 MINUTES MAPLEWOOD CITY COUNCILSPECIAL MEETING 5:30 P.M. Monday, March 07, 2022 Held Remotely Via Conference Call A.CALL TO ORDER A special meeting of the City Council was held remotelyvia conference calland was called to order at5:30p.m. by Mayor Abrams. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent – Arrived During Closed Session D.APPROVAL OF AGENDA CouncilmemberCavemoved to approve the agenda as submitted. Seconded by CouncilmemberJuenemannAyes – 4, via roll call Absent – Councilmember Villavicencio The motion passed. E.NEW BUSINESS 1.Intent to Close Meeting (Minn. Stat. Section 13D.05 subd. 3(c)) to Discuss the Purchase of The Ponds at Battle Creek and the 77-acre Undeveloped Parcel North of the Ramsey County Correctional Facility. City Manager Coleman gave the staff report. Mayor Abramsmoved to close the meetingand go into a closed session to discuss the Purchase of The Ponds at Battle Creek and the 77-acre Undeveloped Parcel North of the Ramsey County Correctional Facility, Pursuant to Minn. Stat. Section 13D.05 subd. 3(c). Seconded by CouncilmemberJuenemann Ayes – 4, via roll call Absent – Councilmember Villavicencio The motion passed. Mayor Abrams closed the meeting at 5:34p.m. Present at the closed session: Mayor Abrams, Councilmember Juenemann, Councilmember Knutson, Councilmember Villavicencio, Councilmember Cave, City Manager Coleman, Assistant City Manager/HR Director Darrow, City Attorney Batty, Finance Director Paulseth, Assistant Community Development Director Martin, and IT Director Fowlds. March07, 2022 City CouncilSpecialMeeting Minutes 1 City Packet Page Number 15 of 141 E3 Mayor Abrams called the meeting back to order at6:54p.m. F.ADJOURNMENT Mayor Abramsadjourned the meeting at6:55 p.m. March07, 2022 City CouncilSpecialMeeting Minutes 2 Council Packet Page Number 16 of 141 F1a City Packet Page Number 17 of 141 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 18 of 141 G1 CITY COUNCIL STAFF REPORT Meeting Date March 14, 2022 REPORT TO:Melinda Coleman, City Manager Ellen Paulseth, Finance Director REPORT FROM: Ellen Paulseth, Finance Director PRESENTER: Approval of Claims AGENDA ITEM: Action Requested: MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/Agreement Proclamation Policy Issue: The City Manager has reviewed the bills and authorized payment in accordance with City Council policies. Recommended Action: Motion to approve the approval of claims. ACCOUNTS PAYABLE: $ 2,294,674.21 Checks # 108642 thru # 108689 dated 03/01/22 $ 97,952.35 Checks # 108690 thru # 108712 dated 03/08/22 $ 1,235,230.96 Disbursements via debits to checking account dated 02/17/22 and 02/21/22 thru 03/06/22 $ 3,627,857.52 Total Accounts Payable PAYROLL $ 616,875.20 Payroll Checks and Direct Deposits dated 03/04/22 $ 616,875.20 Total Payroll $ 4,244,732.72 GRAND TOTAL Background A detailed listing of these claim has been provided. 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 1.Listing of Paid Bills City Packet Page Number 19 of 141 G1, Attachments Check Register City of Maplewood CheckDateVendorDescriptionAmount 10864203/01/202205114BOLTON & MENK, INC.PROJ 21-02 MCMENEMY STREET IMP27,749.00 03/01/202205114BOLTON & MENK, INC.PROF SRVS SEPTIC SYS - 2554 HALLER816.75 03/01/202205114BOLTON & MENK, INC.PROJ 16-25 STERLING ST BRIDGE417.50 10864303/01/202200213BREDEMUS HARDWARE CO INCINTERIOR DOOR REPLACEMENT-1810 BLDG2,148.71 03/01/202200213BREDEMUS HARDWARE CO INCINTERIOR DOOR REPLACEMENT-1810 BLDG2,148.71 10864403/01/202200519FLEXIBLE PIPE TOOL CO.STRAINER FOR JET TRUCK UNIT 615152.00 10864503/01/202202728KIMLEY-HORN & ASSOCIATES INCPROJ 21-09 MAPLE HILLS FORCE MAIN9,585.04 10864603/01/202200875LOFFLER COMPANIES, INC.PRINTER CARTRIDGES96.00 10864703/01/202205353MANSFIELD OIL COCONTRACT DIESEL - FEBRUARY8,191.44 10864803/01/202205944MIDAMERICA ADMINISTRATIVE &ADMIN FEES-HRA DEBIT CARD-4TH QTR3,168.00 10864903/01/202201574T A SCHIFSKY & SONS, INCSEWER REPAIR - 2705 FREMONT AVE5,750.00 10865003/01/202201819WINDSTREAMLOCAL PHONE SERVICE 01/15 - 02/14164.31 03/01/202201819WINDSTREAMLOCAL PHONE SERVICE 12/15 - 01/14-161.47 10865103/01/202201190XCEL ENERGYELECTRIC & GAS UTILITY9,019.45 03/01/202201190XCEL ENERGYELECTRIC & GAS UTILITY5,010.63 03/01/202201190XCEL ENERGYELECTRIC & GAS UTILITY655.24 03/01/202201190XCEL ENERGYFIRE SIRENS61.82 10865203/01/202205013YALE MECHANICAL LLCNORTH FIRE STATION CONST PROJ413,250.00 10865303/01/2022010473MPAYGO PAYMENT FOR 2ND HALF 2021376,566.70 10865403/01/202206302ALL STATE COMMUNICATIONSLOW VOLTAGE RUNS IN PD543.40 10865503/01/202201834CANADIAN PACIFIC RAILWAY COLEASE 2848001 FOR UTILITY LINES500.00 10865603/01/202205823CENTURYLINKANALOG FAX LINE FOR POLICE DEPT65.65 10865703/01/202205641CHP MAPLEWOOD MN OWNER, LLCTIF PMT TO DEVELOPER 2ND HALF 2021114,400.61 10865803/01/202203463EBERT CONSTRUCTIONNORTH FIRE STATION CONST PROJ255,161.53 03/01/202203463EBERT CONSTRUCTIONNORTH FIRE STATION CONST PROJ43,422.61 10865903/01/202206255ELECTRICAL PRODUCTION SERVICESNORTH FIRE STATION CONST PROJ92,249.99 10866003/01/202206254GENERAL SHEET METAL CO. LLCNORTH FIRE STATION CONST PROJ149,530.00 10866103/01/202206260JACKSON & ASSOCIATES LLCNORTH FIRE STATION CONST PROJ38,070.78 10866203/01/202200857LEAGUE OF MINNESOTA CITIESMCSC MEMBERSHIP FOR 20221,280.00 10866303/01/202203818MEDICAMONTHLY PREMIUM - MARCH179,917.87 10866403/01/202206262MINNEAPOLIS GLASS CONORTH FIRE STATION CONST PROJ41,363.00 10866503/01/202204273MN MANAGEMENT OF BUDGETPROCEEDS FROM FORFEITURE806.00 03/01/202204273MN MANAGEMENT OF BUDGETPROCEEDS FROM FORFEITURE646.20 03/01/202204273MN MANAGEMENT OF BUDGETPROCEEDS FROM FORFEITURE411.20 03/01/202204273MN MANAGEMENT OF BUDGETPROCEEDS FROM FORFEITURE165.20 03/01/202204273MN MANAGEMENT OF BUDGETPROCEEDS FROM FORFEITURE55.10 10866603/01/202205478MOBILE PRO SYSTEMSPD MOBILEPRO TRAILER MAINTENANCE217.00 10866703/01/202206252MULCAHY NICKOLAUS LLCNORTH FIRE STATION CONST PROJ150,484.28 10866803/01/202205768NORTH COUNTRY GMC/2022 GMC SIERRA 211732,686.00 10866903/01/202201175CITY OF NORTH ST PAULMONTHLY UTILITIES - JANUARY3,259.63 10867003/01/202201182NORTHERN AIR CORPNORTH FIRE STATION CONST PROJ68,514.95 10867103/01/202200001ONE TIME VENDORREFUND R GRIEBIE - TRANS MEDIC1,746.50 10867203/01/202200001ONE TIME VENDORDCRP REIMB1,350.00 10867303/01/202200001ONE TIME VENDORREFUND C DRAUGHN - TRANS MEDIC385.61 10867403/01/202200001ONE TIME VENDORREFUND R GEHRMAN - TRANS MEDIC290.00 10867503/01/202200001ONE TIME VENDORREFUND W MATTSON - TRANS MEDIC277.72 10867603/01/202200001ONE TIME VENDORREFUND D REEVES - TRANS MEDIC240.68 10867703/01/202202903PARK CONSTRUCTION CONORTH FIRE STATION CONST PROJ22,344.00 10867803/01/202204112PROFESSIONAL WIRELESS COMMREPAIR TWO WAY RADIO IN UNIT 612490.65 10867903/01/202206111QUADIENT FINANCE USA, INC.POSTAGE - CITY HALL POSTAGE MACHINE1,500.00 10868003/01/202202010RAMSEY CO ATTORNEY'S OFFICEPROCEEDS FROM FORFEITURE1,612.00 03/01/202202010RAMSEY CO ATTORNEY'S OFFICEPROCEEDS FROM FORFEITURE1,292.40 03/01/202202010RAMSEY CO ATTORNEY'S OFFICEPROCEEDS FROM FORFEITURE822.40 10868003/01/202202010RAMSEY CO ATTORNEY'S OFFICEPROCEEDS FROM FORFEITURE330.40 03/01/202202010RAMSEY CO ATTORNEY'S OFFICEPROCEEDS FROM FORFEITURE110.20 Council Packet Page Number 20 of 141 G1, Attachments 10868103/01/202205338REPUBLIC SERVICES #923TRASH ASSESSMENTS 202129,241.87 10868203/01/202205879ROADKILL ANIMAL CONTROLDEER REMOVAL - JANUARY238.00 10868303/01/202205939SHERMAN ASSOCIATES, INCTIF PMT - 2ND HALF 2021 - PHASE 2115,537.80 03/01/202205939SHERMAN ASSOCIATES, INCTIF PMT - 2ND HALF 2021 - PHASE 125,716.70 10868403/01/202206002ANDY SKOOGMANMEDIA TRAINING PD - FEBRUARY1,000.00 10868503/01/202206273SRF CONSULTING GROUP INC.PROF SRVS - COPE AVE TRAFFIC STUDY350.76 03/01/202206273SRF CONSULTING GROUP INC.PROF SRVS - COPE AVE WETLAND DEL231.27 10868603/01/202201545SUBURBAN RATE AUTHORITYMEMBERSHIP ASSESSMENT 1ST HALF2,115.00 10868703/01/202206253SUMMIT FIRE PROTECTION CO.NORTH FIRE STATION CONST PROJ7,163.57 10868803/01/202206264SUPERSET TILE & STONENORTH FIRE STATION CONST PROJ23,750.00 10868903/01/202201665TWIN CITY HARDWARENORTH FIRE STATION CONST PROJ17,995.85 2,294,674.21 Checks in this report. 48 City Packet Page Number 21 of 141 G1, Attachments Check Register City of Maplewood CheckDateVendorDescriptionAmount 10869003/08/202202728KIMLEY-HORN & ASSOCIATES INCPROJ 21-09 MAPLE HILLS FORCE MAIN18,537.42 10869103/08/202205353MANSFIELD OIL COCONTRACT GASOLINE - FEBRUARY5,913.06 10869203/08/202205525USDA, APHIS, GENERALDEER REMOVAL THRU 12/31/21400.50 10869303/08/202201190XCEL ENERGYELECTRIC UTILITY16,456.61 03/08/202201190XCEL ENERGYELECTRIC & GAS UTILITY15,864.25 03/08/202201190XCEL ENERGYELECTRIC & GAS UTILITY1,244.23 03/08/202201190XCEL ENERGYELECTRIC UTILITY964.96 03/08/202201190XCEL ENERGYGAS UTILITY308.63 03/08/202201190XCEL ENERGYELECTRIC UTILITY47.03 03/08/202201190XCEL ENERGYGAS UTILITY43.48 03/08/202201190XCEL ENERGYELECTRIC UTILITY20.08 10869403/08/202201805ZIEGLER INC.REPAIRS TO WHEEL LOADER UNIT 7015,612.84 10869503/08/202200043ADAM'S PEST CONTROL INCQUARTERLY SERVICE - PUBLIC WORKS198.40 03/08/202200043ADAM'S PEST CONTROL INCQUARTERLY SERVICE - CITY HALL108.03 10869603/08/202204848AVESISMONTHLY PREMIUM - MARCH456.39 10869703/08/202205786COLONIAL LIFE PROCESSING CTRMONTHLY PREMIUM BCN:E4677316-FEB285.02 10869803/08/202203645CUMMINS SALES AND SERVICEPM FULL SERVICE - FS 600 MCKNIGHT516.68 10869903/08/202206303FAUL PSYCHOLOGICAL FORENSICPRE-EMPLOYMENT ASSESSMENT PD650.00 10870003/08/202206009HEALTHCALL, LLCCOMMUNITY PARAMEDIC SOFTWARE-FEB920.00 10870103/08/202205014ICABOD PRODUCTIONS LLCDEPOSIT - SOUND,LIGHTING,STAGE1,000.00 10870203/08/202205838MINNESOTA BENEFIT ASSOCIATIONMONTHLY PREMIUM353.59 10870303/08/202204273MN MANAGEMENT OF BUDGETPROCEEDS FROM FORFEITURE96.10 10870403/08/202201126NCPERS GROUP LIFE INS. MNMONTHLY PREMIUM - MARCH480.00 10870503/08/202200001ONE TIME VENDORREFUND M KLEIN - TRANS MEDIC223.25 10870603/08/202200001ONE TIME VENDORREFUND ONE HOUR ROOTER - PERMIT39.98 10870703/08/202202010RAMSEY CO ATTORNEY'S OFFICEPROCEEDS FROM FORFEITURE192.20 10870803/08/202200198ST PAUL REGIONAL WATER SRVSWATER UTILITY1,582.88 10870903/08/202203826STERNBERG LANTERS, INC.REPLACEMENT POLE-LEGACY&KENNARD7,260.00 10871003/08/202201578T R F SUPPLY CO.ICE MELT FOR SNOW/ICE & TOWELS2,046.10 10871103/08/202201649TRI-STATE BOBCAT, INC.MOWER DECK FOR TOOLCAT4,316.80 10871203/08/202203825VAN DYKE STREET HOMESTIF PMT TO DEVELOPER 2ND HALF 202111,813.84 97,952.35 23Checks in this report. Council Packet Page Number 22 of 141 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 2/17/2022Empower - State PlanPR - Deferred Compensation26,596.00 2/17/2022MN State TreasurerDrivers License/Deputy Registrar68,841.35 2/22/2022Delta DentalDental Premium1,586.92 2/22/2022ICMA (Vantagepointe)PR - Deferred Compensation7,876.00 2/22/2022ICMA (Vantagepointe)PR - Retiree Health Savings920.00 2/22/2022Labor UnionsPR - Union Dues1,930.84 2/22/2022MidAmericaPR - HRA Flex Plan - AUL18,810.44 2/22/2022MN Dept of RevenueFuel Tax629.28 2/22/2022MN Dept of RevenueSales Tax381.00 2/22/2022MN State TreasurerDrivers License/Deputy Registrar63,128.18 2/22/2022MN State TreasurerPR - State Payroll Tax23,235.11 2/22/2022P.E.R.A.PR - P.E.R.A.122,088.13 2/23/2022Delta DentalDental Premium895.00 2/23/2022MN State TreasurerDrivers License/Deputy Registrar27,682.84 2/24/2022MN State TreasurerDrivers License/Deputy Registrar93,857.20 2/25/2022MN State TreasurerDrivers License/Deputy Registrar94,855.53 2/25/2022Optum HealthDCRP & Flex plan payments1,045.45 2/28/2022Delta DentalDental Premium2,444.30 2/28/2022MN Dept of Natural ResourcesDNR electronic licenses647.70 2/28/2022MN State TreasurerDrivers License/Deputy Registrar61,716.75 3/1/2022Accela Credit Card BillingCredit Card Billing Fee30.00 3/1/2022MN State TreasurerDrivers License/Deputy Registrar48,750.34 3/2/2022MN State TreasurerDrivers License/Deputy Registrar71,209.27 3/3/2022MN State TreasurerDrivers License/Deputy Registrar84,340.34 3/4/2022ICMA (Vantagepointe)PR - Deferred Compensation7,876.00 3/4/2022ICMA (Vantagepointe)PR - Retiree Health Savings920.00 3/4/2022Labor UnionsPR - Union Dues4,700.71 3/4/2022MidAmericaPR - HRA Flex Plan - AUL15,277.13 3/4/2022MN Dept of Natural ResourcesDNR electronic licenses1,333.00 3/4/2022MN State TreasurerDrivers License/Deputy Registrar76,075.44 3/4/2022MN State TreasurerPR - State Payroll Tax25,820.76 3/4/2022Optum HealthDCRP & Flex plan payments534.32 3/4/2022P.E.R.A.PR - P.E.R.A.131,390.00 3/4/2022U.S. TreasurerPR - Federal Payroll Tax110,631.46 3/4/2022US Bank VISA One Card*Purchasing Card Items37,174.17 1,235,230.96 *Detailed listing of VISA purchases is attached. City Packet Page Number 23 of 141 G1, Attachments Purchasing Card Items Transaction Transaction DatePosting DateMerchant NameAmountName SITEONE LANDSCAPE SUPPLY,DAVE ADAMS 02/17/202202/18/2022$668.63 CANVA* I03335-31568123ASHLEY BERGERON 02/18/202202/21/2022$12.99 FBI LEEDA INCBRIAN BIERDEMAN 02/23/202202/24/2022$425.00 MN RECREATION AND PARK ANEIL BRENEMAN 02/15/202202/16/2022$900.00 SHARROW LIFTING PRODUCTSTROY BRINK 02/18/202202/21/2022$108.45 AMERICAN PRESSURE INCTROY BRINK 02/18/202202/21/2022$263.39 U OF M CONTLEARNINGBRENT BUCKLEY 02/22/202202/23/2022$45.00 EMERGENCY AUTOMOTIVE TEDANIEL BUSACK 02/16/202202/17/2022$230.00 SUBURBAN AUTO BODYDANIEL BUSACK 02/16/202202/18/2022$230.10 EMERGENCY AUTOMOTIVE TEDANIEL BUSACK 02/18/202202/21/2022$438.22 GRAPHIC DESIGN INCDANIEL BUSACK 02/22/202202/23/2022$123.00 CUB FOODS #1599DANIEL BUSACK 02/23/202202/24/2022$15.76 CARIBOU COFFEE CO #155DANIEL BUSACK 02/23/202202/25/2022$30.04 PANERA BREAD #601305 PDANIEL BUSACK 02/24/202202/25/2022$32.62 MENARDS OAKDALE MNSCOTT CHRISTENSON 02/11/202202/14/2022$23.81 STATE SUPPLYSCOTT CHRISTENSON 02/16/202202/17/2022$76.66 NEW YORK MAGAZINEMELINDA COLEMAN 02/19/202202/21/2022$8.00 GALLUP INCMELINDA COLEMAN 02/24/202202/25/2022$195.00 MINN FIRE SVC CERT BOARDSHAWN CONWAY 02/14/202202/16/2022$120.00 EVEREST EMERGENCY VEHICLESHAWN CONWAY 02/24/202202/25/2022$163.80 THE HOME DEPOT #2801THOMAS DABRUZZI 02/16/202202/18/2022$79.84 SOCIETYFORHUMANRESOURCEMIKE DARROW 02/14/202202/15/2022$229.00 ICMA ONLINEMIKE DARROW 02/14/202202/15/2022$1,000.00 CUB FOODS #1599BRAD DAVISON 02/13/202202/14/2022$19.49 THE HOME DEPOT #2801BRAD DAVISON 02/15/202202/17/2022$6.97 THE HOME DEPOT #2801BRAD DAVISON 02/18/202202/21/2022$54.21 AMZN MKTP US*1I3DM1FO0RICHARD DAWSON 02/22/202202/23/2022$360.28 WWW COSTCO COMRICHARD DAWSON 02/23/202202/24/2022$119.44 AMZN MKTP US*1B02607L1TOM DOUGLASS 02/17/202202/18/2022$127.98 SAFARILAND, LLCMICHAEL DUGAS 02/22/202202/23/2022$151.67 OFFICE DEPOT #1090CHRISTINE EVANS 02/11/202202/14/2022$63.75 GENERAL CREDIT FORMS INCCHRISTINE EVANS 02/15/202202/16/2022$136.01 GENERAL CREDIT FORMS INCCHRISTINE EVANS 02/15/202202/16/2022$136.01 DRIVERS LICENSE GUIDE COCHRISTINE EVANS 02/15/202202/17/2022$47.00 IMAGING SPECTRUMCHRISTINE EVANS 02/15/202202/17/2022$458.56 OFFICE DEPOT #1090CHRISTINE EVANS 02/16/202202/18/2022$10.19 PIONEER PRESS ADVCHRISTINE EVANS 02/18/202202/21/2022$547.08 PAYPAL *STPAULSTAMPCHRISTINE EVANS 02/24/202202/25/2022$71.05 IN *STORMWIND LLCMYCHAL FOWLDS 02/16/202202/17/2022$5,960.00 COMCAST CABLE COMMMYCHAL FOWLDS 02/17/202202/17/2022$4.58 ZOOM.US 888-799-9666MYCHAL FOWLDS 02/17/202202/18/2022$489.82 BESTBUYCOM806603072830MYCHAL FOWLDS 02/18/202202/21/2022$39.99 COMCAST CABLE COMMMYCHAL FOWLDS 02/23/202202/23/2022$146.32 MICROSOFT#G008132527NICK FRANZEN 02/18/202202/21/2022$2.37 AJ TEK CORPORATIONNICK FRANZEN 02/23/202202/24/2022$60.00 AMERICAN HEART SHOPCPRDEREK FRITZE 02/15/202202/16/2022$451.33 KNOWLAN'S MARKET #2CAROLE GERNES 02/24/202202/25/2022$20.43 AMZN MKTP US*515LB3T03ALEX GERONSIN 02/18/202202/21/2022$110.00 MENARDS OAKDALE MNTAMARA HAYS 02/10/202202/14/2022$26.62 SHERWIN WILLIAMS 703127GARY HINNENKAMP 02/16/202202/17/2022$57.50 THE HOME DEPOT #2801GARY HINNENKAMP 02/16/202202/18/2022$112.64 HALEY STRATEGIC PARTNERSMICHAEL HOEMKE 02/17/202202/18/2022$459.30 AMZN MKTP US*DK7VV7Q03DAVID JAHN 02/11/202202/14/2022$43.14 DALCO ENTERPRISESDAVID JAHN 02/15/202202/16/2022$128.40 OFFICE DEPOT #1090LOIS KNUTSON 02/15/202202/17/2022$120.81 OFFICE DEPOT #1079LOIS KNUTSON 02/15/202202/17/2022$12.52 Council Packet Page Number 24 of 141 G1, Attachments SQ *DAVIS LOCK AND SAFEJASON KUCHENMEISTER 02/14/202202/15/2022$6.99 FEDEX 289828437713JASON KUCHENMEISTER 02/15/202202/16/2022$38.69 ELECTRO WATCHMAN INCJASON KUCHENMEISTER 02/15/202202/16/2022$25.00 ARROWWOOD RESORT AND CONFSTEVE LOVE 02/22/202202/24/2022$333.99 NINO S PIZZERIAMICHAEL MONDOR 02/10/202202/14/2022$17.22 TENNIS ROLL OFF LLCMICHAEL MONDOR 02/11/202202/14/2022$339.50 TENNIS ROLL OFF LLCMICHAEL MONDOR 02/11/202202/14/2022$603.50 TENNIS ROLL OFF LLCMICHAEL MONDOR 02/11/202202/14/2022$773.50 ASPEN MILLSMICHAEL MONDOR 02/15/202202/16/2022$696.16 ASPEN MILLSMICHAEL MONDOR 02/22/202202/23/2022$291.00 N-EARRACHEL MURRAY 02/13/202202/14/2022$168.99 BCA TRAINING EDUCATIONRACHEL MURRAY 02/22/202202/23/2022$125.00 CINTAS CORPBRYAN NAGEL 02/12/202202/14/2022$73.74 CINTAS CORPBRYAN NAGEL 02/12/202202/14/2022$220.91 CINTAS CORPBRYAN NAGEL 02/12/202202/14/2022$16.63 CINTAS CORPBRYAN NAGEL 02/16/202202/17/2022$91.85 CINTAS CORPBRYAN NAGEL 02/16/202202/17/2022$14.69 CINTAS CORPBRYAN NAGEL 02/16/202202/17/2022$106.37 CINTAS CORPBRYAN NAGEL 02/16/202202/17/2022$12.75 CINTAS CORPBRYAN NAGEL 02/16/202202/17/2022$38.87 CINTAS CORPBRYAN NAGEL 02/23/202202/24/2022$109.89 CINTAS CORPBRYAN NAGEL 02/23/202202/24/2022$125.57 CINTAS CORPBRYAN NAGEL 02/23/202202/24/2022$12.75 CINTAS CORPBRYAN NAGEL 02/23/202202/24/2022$15.05 CINTAS CORPBRYAN NAGEL 02/23/202202/24/2022$30.77 NATIONAL REGISTRY EMTKEN NIELSEN 02/18/202202/21/2022$25.00 IN *MINNESOTA CIT OFFICERMICHAEL NYE 02/14/202202/15/2022$900.00 MINNESOTA GOVERNMENT FINAELLEN PAULSETH 02/15/202202/16/2022$70.00 GOVERNMENT FINANCE OFFICELLEN PAULSETH 02/24/202202/25/2022$475.00 DELTA AIR 0062499728286KENNETH POWERS 02/16/202202/17/2022$338.20 LIFE ASSIST INCKENNETH POWERS 02/17/202202/18/2022$179.86 METRO PRODUCTS INCSTEVEN PRIEM 02/11/202202/14/2022$100.04 FACTORY MTR PTS #19STEVEN PRIEM 02/14/202202/15/2022$125.35 FACTORY MTR PTS #19STEVEN PRIEM 02/14/202202/15/2022$57.49 H & L MESABI COMPANYSTEVEN PRIEM 02/14/202202/15/2022$1,320.00 0391-AUTOPLUSSTEVEN PRIEM 02/14/202202/15/2022$7.82 0391-AUTOPLUSSTEVEN PRIEM 02/15/202202/16/2022$72.89 0391-AUTOPLUSSTEVEN PRIEM 02/15/202202/16/2022$39.10 PIONEER RIM AND WHEEL-MNSTEVEN PRIEM 02/15/202202/16/2022$157.60 KIMBALL MIDWEST PAYEEZYSTEVEN PRIEM 02/16/202202/17/2022$107.88 0391-AUTOPLUSSTEVEN PRIEM 02/16/202202/17/2022$91.07 TRI-STATE BOBCATSTEVEN PRIEM 02/16/202202/17/2022$367.74 FACTORY MTR PTS #19STEVEN PRIEM 02/17/202202/18/2022$218.82 COMOLUBE AND SUPPLIES INCSTEVEN PRIEM 02/17/202202/18/2022$181.69 0391-AUTOPLUSSTEVEN PRIEM 02/17/202202/18/2022$100.56 AN FORD WHITE BEAR LAKSTEVEN PRIEM 02/17/202202/21/2022$54.16 FASTENAL COMPANY 01MNT11STEVEN PRIEM 02/22/202202/23/2022$158.18 0391-AUTOPLUSSTEVEN PRIEM 02/22/202202/23/2022$103.77 0391-AUTOPLUSSTEVEN PRIEM 02/23/202202/24/2022$12.82 POMP S TIRE #021STEVEN PRIEM 02/24/202202/25/2022$548.00 0391-AUTOPLUSSTEVEN PRIEM 02/24/202202/25/2022$33.49 0391-AUTOPLUSSTEVEN PRIEM 02/24/202202/25/2022$153.35 AMAZON.COM*R10SS26R3MICHAEL RENNER 02/16/202202/16/2022$31.28 AMZN MKTP US*3X5PQ0O63MICHAEL RENNER 02/17/202202/17/2022$118.26 PEAK TRADING CORPAUDRA ROBBINS 02/10/202202/14/2022$29.75 CINTAS CORPAUDRA ROBBINS 02/16/202202/17/2022$72.86 ON SITE SANITATION INCAUDRA ROBBINS 02/21/202202/23/2022$800.00 AMZN MKTP US*1I1WS2ZL1JOSEPH RUEB 02/19/202202/21/2022$34.96 SAFE-FAST(MW)ROBERT RUNNING 02/16/202202/17/2022$229.66 City Packet Page Number 25 of 141 G1, Attachments GALLSSTEPHANIE SHEA 02/17/202202/18/2022$1,247.96 CINTAS CORPSTEPHANIE SHEA 02/17/202202/18/2022$53.82 STREICHER'S MOSTEPHANIE SHEA 02/18/202202/21/2022$1,335.97 IN *ENVUE TELEMATICS LLCSTEPHANIE SHEA 02/18/202202/21/2022$624.00 POLICE RECORDS MGMTSTEPHANIE SHEA 02/22/202202/23/2022$259.00 POLICE RECORDS MGMTSTEPHANIE SHEA 02/22/202202/23/2022$259.00 THOMSON WEST*TCDSTEPHANIE SHEA 02/24/202202/25/2022$635.54 CINTAS CORPSTEPHANIE SHEA 02/24/202202/25/2022$53.82 FBI LEEDA INCJOSEPH STEINER 02/23/202202/24/2022$50.00 FBI LEEDA INCJOSEPH STEINER 02/23/202202/24/2022$425.00 HARDWIRE, LLCBRIAN TAUZELL 02/18/202202/18/2022$50.99 FOX LABSBRIAN TAUZELL 02/18/202202/21/2022$549.70 US PEACEKEEPERBRIAN TAUZELL 02/18/202202/21/2022$221.45 NORTH AMERICAN RESCUE LLBRIAN TAUZELL 02/21/202202/22/2022$885.04 AGILITE SYSTEMSBRIAN TAUZELL 02/24/202202/24/2022$250.90 HRT TACTICAL GEARBRIAN TAUZELL 02/24/202202/24/2022$126.90 N-EARBRIAN TAUZELL 02/24/202202/24/2022$168.99 221B TACTICALBRIAN TAUZELL 02/24/202202/25/2022$73.50 GRUBER'S POWER EQUIPMENTTODD TEVLIN 02/22/202202/23/2022$56.96 COREMARK METALS -MNJEFF WILBER 02/16/202202/17/2022$192.45 BOUND TREE MEDICAL LLCERIC ZAPPA 02/11/202202/14/2022$159.62 LIFE ASSIST INCERIC ZAPPA 02/11/202202/14/2022$123.25 LIFE ASSIST INCERIC ZAPPA 02/14/202202/15/2022$72.00 LIFE ASSIST INCERIC ZAPPA 02/18/202202/21/2022$550.00 BOUND TREE MEDICAL LLCERIC ZAPPA 02/23/202202/25/2022$1,167.51 $37,174.17 Council Packet Page Number 26 of 141 CITY OF MAPLEWOOD G1, Attachments EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 03/04/22ABRAMS, MARYLEE602.85 03/04/22CAVE, REBECCA530.61 03/04/22JUENEMANN, KATHLEEN530.61 03/04/22KNUTSON, WILLIAM530.61 03/04/22VILLAVICENCIO, NICHOLE530.61 03/04/22COLEMAN, MELINDA7,040.00 03/04/22DARROW, MICHAEL5,165.19 03/04/22KNUTSON, LOIS3,403.95 03/04/22CHRISTENSON, SCOTT2,428.41 03/04/22DOUGLASS, TOM2,954.46 03/04/22JAHN, DAVID2,322.08 03/04/22HERZOG, LINDSAY2,902.81 03/04/22RAMEAUX, THERESE3,766.81 03/04/22DEBILZAN, JUDY2,590.50 03/04/22PAULSETH, ELLEN5,912.55 03/04/22RACETTE, THOMAS2,601.09 03/04/22RUEB, JOSEPH4,646.49 03/04/22STANLEY, JENNIFER3,507.40 03/04/22ARNOLD, AJLA2,293.82 03/04/22CROSS, JULIA1,950.40 03/04/22EVANS, CHRISTINE2,439.20 03/04/22LARSON, MICHELLE2,316.89 03/04/22SCHORR, JENNIFER1,768.81 03/04/22SINDT, ANDREA3,941.09 03/04/22ABRAHAM, JOSHUA2,849.602,849.60 03/04/22HANSON, MELISSA2,136.84 03/04/22HOCKBEIN, JUDY1,331.47 03/04/22KRAMER, PATRICIA1,498.24 03/04/22MOY, PAMELA1,857.21 03/04/22OSTER, ANDREA2,323.82 03/04/22REGINO, ANITA1,229.60 03/04/22VITT, JULIANNE1,459.47 03/04/22WEAVER, KRISTINE3,499.78 03/04/22XIONG, KANGBAO1,229.60 03/04/22BAKKE, LONN3,856.59 03/04/22BARTZ, PAUL1,257.50 03/04/22BELDE, STANLEY4,065.12 03/04/22BENJAMIN, MARKESE3,720.28 03/04/22BERGERON, ASHLEY3,413.86 03/04/22BIERDEMAN, BRIAN6,790.621,069.74 03/04/22BROWN, RAE3,202.96 03/04/22BURT-MCGREGOR, EMILY3,893.66 03/04/22BUSACK, DANIEL6,465.031,053.08 03/04/22COLEMAN, ALEXANDRA1,879.44 03/04/22CONDON, MITCHELL3,691.52 03/04/22CRUZ, TREANA2,941.24 03/04/22DEMULLING, JOSEPH4,343.32 03/04/22DUGAS, MICHAEL4,765.19 03/04/22FORSYTHE, MARCUS3,662.12 03/04/22FRITZE, DEREK5,911.74 03/04/22GABRIEL, ANTHONY5,106.88 03/04/22GEISELHART, BENJAMIN2,805.08 03/04/22HAWKINSON JR, TIMOTHY4,098.12 03/04/22HENDRICKS, JENNIFER2,253.63 03/04/22HER, PHENG3,976.00 City Packet Page Number 27 of 141 03/04/22HER, TERRELL2,718.78 G1, Attachments 03/04/22HOADLEY, JOSHUA1,892.99 03/04/22HOEMKE, MICHAEL4,765.19 03/04/22JOHNSON, JEREMY2,405.99 03/04/22KANDA, MADELINE3,402.20 03/04/22KIM, WINSTON3,336.30 03/04/22KONG, TOMMY3,873.84 03/04/22KROLL, BRETT4,523.87461.99 03/04/22KUCHENMEISTER, GINA2,301.56 03/04/22KUCHENMEISTER, JASON2,247.16 03/04/22LANGNER, TODD507.50 03/04/22LENERTZ, NICHOLAS3,465.85 03/04/22LYNCH, KATHERINE3,515.90 03/04/22MARINO, JASON4,370.34 03/04/22MATTHEIS, TAWNY2,454.32 03/04/22METRY, ALESIA1,681.25 03/04/22MURRAY, RACHEL4,006.24 03/04/22NYE, MICHAEL4,945.91 03/04/22OLSON, JULIE3,957.48 03/04/22PARKER, JAMES3,787.01 03/04/22PASDO, JOSEPH2,287.87 03/04/22PEREZ, GUSTAVO2,996.95 03/04/22PETERS, DANIEL3,568.94 03/04/22SALCHOW, CONNOR3,236.05 03/04/22SANCHEZ, ISABEL2,843.20 03/04/22SHEA, STEPHANIE2,612.64 03/04/22STARKEY, ROBERT4,224.36 03/04/22STEINER, JOSEPH4,765.19 03/04/22STOCK, AUBREY3,579.41 03/04/22SWETALA, NOAH3,548.50 03/04/22TAUZELL, BRIAN4,419.69 03/04/22WENZEL, JAY3,686.38 03/04/22WIETHORN, AMANDA5,050.83 03/04/22XIONG, KAO4,026.81 03/04/22XIONG, TUOYER3,438.19 03/04/22ZAPPA, ANDREW3,761.95 03/04/22BARRETTE, CHARLES2,821.71 03/04/22BAUMAN, ANDREW3,972.94 03/04/22BEITLER, NATHAN3,482.06 03/04/22CAMPBELL, MACLANE3,545.07 03/04/22CONWAY, SHAWN4,471.96 03/04/22CRAWFORD JR, RAYMOND3,925.26 03/04/22CRUMMY, CHARLES3,850.58 03/04/22DABRUZZI, THOMAS4,723.43 03/04/22DANLEY, NICHOLAS3,958.41 03/04/22DAVISON, BRADLEY4,882.14 03/04/22DAWSON, RICHARD7,321.12 03/04/22HAGEN, MICHAEL4,312.70 03/04/22HALWEG, JODI4,540.16 03/04/22HANG, RYAN304.50 03/04/22HAWTHORNE, ROCHELLE5,761.30 03/04/22KUBAT, ERIC4,312.61 03/04/22LANDER, CHARLES3,753.52 03/04/22LANIK, JAKE3,432.13 03/04/22LO, CHING450.00 03/04/22LUKIN, STEVEN1,880.00 03/04/22MALESKI, MICHAEL3,650.64 03/04/22MCGEE, BRADLEY3,734.26 03/04/22MERKATORIS, BRETT3,710.52 03/04/22MONDOR, MICHAEL5,474.97 03/04/22NEILY, STEVEN5,912.30 03/04/22NIELSEN, KENNETH3,262.94 Council Packet Page Number 28 of 141 03/04/22NOVAK, JEROME5,098.10 G1, Attachments 03/04/22POWERS, KENNETH3,947.08 03/04/22SEDLACEK, JEFFREY3,732.00 03/04/22STREFF, MICHAEL4,506.42 03/04/22WARDELL, JORDAN3,861.05 03/04/22WILLIAMSON, MICHAEL3,825.52 03/04/22WILSON, DAMARI507.50 03/04/22ZAPPA, ERIC3,760.69 03/04/22CORTESI, LUANNE2,316.89 03/04/22JANASZAK, MEGHAN3,175.14 03/04/22BRINK, TROY3,932.79 03/04/22BUCKLEY, BRENT3,464.64 03/04/22EDGE, DOUGLAS2,971.08 03/04/22JONES, DONALD2,970.77 03/04/22MEISSNER, BRENT2,964.15 03/04/22MLODZIK, JASON2,574.99 03/04/22NAGEL, BRYAN4,631.80 03/04/22OSWALD, ERICK2,965.08 03/04/22RUNNING, ROBERT3,439.96 03/04/22TEVLIN, TODD2,945.74 03/04/22ZAHNOW, LANCE2,579.09 03/04/22BURLINGAME, NATHAN3,278.40 03/04/22DUCHARME, JOHN3,343.02 03/04/22ENGSTROM, ANDREW3,338.40 03/04/22JAROSCH, JONATHAN4,508.31 03/04/22LINDBLOM, RANDAL3,343.02 03/04/22LOVE, STEVEN6,189.75 03/04/22STRONG, TYLER3,181.60 03/04/22GERNES, CAROLE2,820.19 03/04/22HERBER, GREGORY72.00 03/04/22JORGENSON, SETH216.00 03/04/22MCKANE, QUINN72.00 03/04/22FRIBERG, DAVID2,199.66 03/04/22HAYS, TAMARA2,651.99 03/04/22HINNENKAMP, GARY3,549.42 03/04/22NAUGHTON, JOHN3,002.87 03/04/22ORE, JORDAN2,807.08 03/04/22STOKES, KAL2,458.53 03/04/22BEGGS, REGAN2,455.39 03/04/22HAMMOND, ELIZABETH2,516.63 03/04/22JOHNSON, ELIZABETH2,409.79 03/04/22JOHNSON, RANDY4,462.88 03/04/22KROLL, LISA2,321.51 03/04/22THOMSON, JEFFREY5,366.87 03/04/22FINWALL, SHANN3,974.61 03/04/22MARTIN, MICHAEL4,221.93 03/04/22DREWRY, SAMANTHA2,970.59 03/04/22LENTZ, DANIEL2,915.39 03/04/22THIENES, PAUL3,067.03 03/04/22WESTLUND, RONALD2,650.59 03/04/22WELLENS, MOLLY2,983.45 03/04/22BJORK, BRANDON299.00 03/04/22BRENEMAN, NEIL3,272.61 03/04/22CAMPBELL, KEVIN108.00 03/04/22CAMPBELL, LUCAS180.00 03/04/22GORACKI, GERALD255.00 03/04/22HUGGAR, ANGELA217.75 03/04/22KORF, CAIN72.00 03/04/22LO, SATHAE608.50 03/04/22ROBBINS, AUDRA4,817.58 03/04/22WHITE, LINDA327.00 03/04/22BERGO, CHAD3,787.41 City Packet Page Number 29 of 141 03/04/22SCHMITZ, KEVIN2,384.49 G1, Attachments 03/04/22SHEERAN JR, JOSEPH4,274.79 03/04/22ADAMS, DAVID2,626.33 03/04/22HAAG, MARK7,790.514,815.71 03/04/22JENSEN, JOSEPH2,629.56 03/04/22SCHULTZ, SCOTT4,601.89 03/04/22WILBER, JEFFREY2,696.24 03/04/22PRIEM, STEVEN3,048.90 03/04/22WOEHRLE, MATTHEW2,979.66 03/04/22XIONG, BOON2,720.52 03/04/22FOWLDS, MYCHAL5,181.02 03/04/22FRANZEN, NICHOLAS3,855.18 03/04/22GERONSIN, ALEXANDER3,320.84 03/04/22RENNER, MICHAEL3,454.40 616,875.2010,250.12 Council Packet Page Number 30 of 141 G2 CITY COUNCILSTAFF REPORT Meeting Date March 14, 2022 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER: Andrea Sindt, City Clerk AGENDA ITEM: Local Lawful Gambling Permit for Knights of Columbus #4374, 1695 Kennard Street Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: A request for a Local Lawful Gambling permit has been submitted by the Knights of Columbus #4374. Approval of the request would allow lawful gambling activity to be conducted during the organization’s KC Bingo held at Presentation of Mary Grade School, 1695 Kennard Street, on April 9, 2022. Recommended Action: Motion to approve the Local Lawful Gambling permit for Knights of Columbus #4374 for their event on April 9, 2022. Fiscal Impact: Is There a Fiscal Impact?NoYes, 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: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Council approval is required prior to issuance of a local gambling permit, per City Code Sec. 22-12. Background: Lawful gambling activity conducted at this event is exempt from state licensure under MN §349.166. MN §349.213 authorizes cities to require a local permit for conduct of lawful gambling exempt from state licensing requirements. Attachments: None City Packet Page Number 31 of 141 G3 CITY COUNCILSTAFF REPORT Meeting Date March 14, 2022 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director/City Engineer Bryan Nagel, Street/Storm/Building Superintendent PRESENTER:Steven Love AGENDA ITEM: Bituminous Material Purchases for 2022 Season Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council will consider authorizing the purchase of bituminous materials for the 2022 Maintenance season. Recommended Action: Motion to authorize the Street Superintendent to purchase bituminous materials in an amount up to $80,000 for the 2022 street maintenance season. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $80,000.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Maplewood 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 utilize the bituminous materials for pothole repairs 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, spot paving, shouldering, and bituminous curb repairs. It is anticipated that the cost for the bituminous purchases will be $80,000 for the 2022 maintenance season. Council Packet Page Number 32 of 141 G3 The proposed supplier of bituminous materials is T.A. Schifsky and Sons due to their nearby location in North St. Paul and their competitive pricing. The second closet asphalt plant is owned by the City of St. Paul, requiring an approximate 60 minute round trip. By adding the extra travel time per load, the City’s bituminous maintenance operations would be much less effective. Attachments: None. City Packet Page Number 33 of 141 G4 CITY COUNCILSTAFF REPORT Meeting Date March 14, 2022 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Mondor, Fire and EMS Chief PRESENTER: Michael Mondor, Fire and EMS Chief AGENDA ITEM: Resolution Directing Modification of Existing Construction Contract, Change Order No. 31, No. 32, and No. 33, North Fire Station Construction Project Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council will consider approving the attached resolution Directing Modification of the Existing Construction Contract, Change Order No. 31, No. 32, and No. 33, North Fire Station Construction Project. Recommended Action: Motion to approve resolution Directing Modification of the Existing Construction Contract, Change Order No. 31, No. 32, and No. 33, North Fire Station Construction Project, North Fire Station Construction Project and authorize the Mayor and City Manager to sign Change Order No. 31, No. 32, and No. 33. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $41,718 (Credit) Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: Fire Facility Fund Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Approval of Change Order No. 31 will decrease the project construction amount by $49,950 •Work Scope 08-D-Yale Mechanical, LLC. ($49,950), for a credit associated with overhead garage doors which will change the contract amount to $542,866. Approval of Change Order No. 32 will increase the project construction amount by $3,950. •Work Scope 09-A-Mulcahy Nickolaus, LLC. $3,950 for added material and work scope. This will change the contract amount to $332,349.50. Approval of Change Order No. 33 will increase the project construction amount by $4,282. •Work Scope 23-A-General Sheet Metal Company, LLC. $4,282 for added equipment. This will change the contract amount to $1,017,919. Council Packet Page Number 34 of 141 G4 The revised contract amounts fall within the approved project budget of $13,100,000. No adjustments to the approved budget are necessary at this time. Background: The City Council awarded construction contracts to Yale Mechanical, LLC, Mulcahy Nickolaus, LLC and General Sheet Metal Company, LLC as part of the North Fire Station Construction Project. Change Order No. 31 proposes to decrease the construction contract by $49,950 associated with a credit for overhead garage doors. The contractor selected remains unable to provide a lead time for overhead garage doors that will be installed in the command garages. Kraus-Anderson recommended that the city pursue another vendor to provide overhead garage doors. The credit will be a net zero change once the overhead doors are procured through another vendor. Change Order No. 32 proposes to increase the construction contract by $3,950 associated with increased materials, labor and work scope to enclose and insulate a support beam in the apparatus bay. Change Order No. 33 proposes to increase the construction contract by $4,282 associated with increased equipment for adding controls to a unit heater. These controls were not previously called out in bid documents. The changes requested fall within the budgeted construction contingency costs and no changes to the project budget are required at this time. Attachments: 1.Change Order No. 31 2.Change Order No. 32 3.Change Order No. 33 4.Resolution Directing Modification of the Existing Construction Contract, Change Order No. 31, No. 32, and No. 33, for the North Fire Station Construction Project City Packet Page Number 35 of 141 G4, Attachment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ouncil Packet Page Number 36 of 141 G4, Attachment 1 City Packet Page Number 37 of 141 G4, Attachment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ouncil Packet Page Number 38 of 141 G4, Attachment 2 City Packet Page Number 39 of 141 G4, Attachment 2 BID FORM To:Kraus Anderson Attn: Phone:Cell: Fax: Email Job Name:Maplewood Fire Station Plans Dated: Address:City:State:MN Date of Bid:02/10/22 Time Due:Estimate From:Dan Rygwalski Cell # :651-239-4595 Email:danr@mulcahynickolaus.com Section NumberDescription Soffit To Cover Beam Addm. Noted:Tax Included:Yes Performance Bond Included:No BASE BID:$3,950.00 Note: Bids may be withdrawn if not accepted within:30 days Included:Cleanup To Your Dumpster, Soffit To Cover Beam On Mezzanine, See Attached Sketch, Standard Excluded:Electrical Power, Heat, Water, Enclosure, Temp Partitions, Dust Partitions, Specific Premium Time, Backing and Blocking, Sound Insulation Above Ceiling Grid, All Visible Caulking, Rough Exclusions:and Finish Carpentry, Wood Framing and Plywood, FRP, Patching and Prepping Of Existing Conditions For New Finishes, Patching At Abandoned Electrical Outlets, Aluminum Reveals, Corner Guards, Level 5 Finish/Skimcoat, Alternate #'sDescriptionAddDeduct Signature:Accepted By:Date: Date:Company Name: Position:Estimator / Project Manager Position: Council Packet Page Number 40 of 141 G4, Attachment 2 City Packet Page Number 41 of 141 G4, Attachment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ouncil Packet Page Number 42 of 141 G4, Attachment 3 City Packet Page Number 43 of 141 G4, Attachment 3 Council Packet Page Number 44 of 141 G4, Attachment 3 City Packet Page Number 45 of 141 G4, Attachment 3 Council Packet Page Number 46 of 141 G4, Attachment 4 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, NORTH FIRE STATION CONSTRUCTION PROJECT, CHANGE ORDER NO. 31, NO. 32, AND CHANGE ORDER NO. 33 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of the North Fire Station, and has approved construction contracts related to the project. WHEREAS, it is now necessary and expedient that said contract be modified and designated as North Fire Station Construction Project, Change Order No. 31, No. 32, and Change Order No. 33. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1. The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No.31 which is a decrease of $49,950.00. The revised contract amount for Work Scope 08-D, Yale Mechanical LLC is $542,866. 2. The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 32 which is an increase of $3,950. The revised contract amount for Work Scope 09-A, Mulcahy Nickolaus, LLC is $332,349.50 3. The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 33 which is an increase of $4,282. The revised contract amount for Work Scope 23-A, General Sheet Metal Company, LLC is $1,017,919. th Adopted by the Maplewood City Council on this 14 day of March 2022. City Packet Page Number 47 of 141 G5 Council Packet Page Number 48 of 141 G5 City Packet Page Number 49 of 141 G5, Attachment 1 Council Packet Page Number 50 of 141 G6 City Packet Page Number 51 of 141 G6 Council Packet Page Number 52 of 141 G6, Attachment 1 LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD AND LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 153) January 1, 2019 - December 31, 2020 January 1, 2021 Î December 31, 2021 City Packet Page Number 53 of 141 G6, Attachment 1 Table of Contents MASTER LABOR AGREEMENT ................................................................................................ 33 ARTICLE 1: PURPOSE OF AGREEMENT ................................................................................ 33 ARTICLE 2: RECOGNITION ...................................................................................................... 33 ARTICLE 3: DEFINITIONS ......................................................................................................... 33 ARTICLE 4: EMPLOYER SECURITY ......................................................................................... 44 ARTICLE 5: EMPLOYER AUTHORITY ...................................................................................... 44 ARTICLE 6: UNION SECURITY ................................................................................................. 44 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................................. 55 ARTICLE 8: SAVINGS CLAUSE ................................................................................................ 77 ARTICLE 9: SENIORITY ............................................................................................................ 77 ARTICLE 10: DISCIPLINE .......................................................................................................... 88 ARTICLE 11: CONSTITUTIONAL PROTECTION ...................................................................... 88 ARTICLE 12: WORK SCHEDULES ............................................................................................ 88 ARTICLE 13: WAGES ................................................................................................................ 99 ARTICLE 14: VACATIONS/ANNUAL LEAVE ......................................................................... 1010 ARTICLE 15: SICK LEAVE ..................................................................................................... 1111 ARTICLE 16: SEVERANCE PAY ........................................................................................... 1212 ARTICLE 17: FUNERAL/BEREVEMENT LEAVE ................................................................... 1212 ARTICLE 18: HOLIDAYS ........................................................................................................ 1212 ARTICLE 19: FALSE ARREST ............................................................................................... 1313 ARTICLE 20: OVERTIME ....................................................................................................... 1313 ARTICLE 21: COURT TIME ................................................................................................... 1414 ARTICLE 22: CALL BACK TIME ............................................................................................ 1414 ARTICLE 23: ON-CALL .......................................................................................................... 1414 ARTICLE 24: WORKING OUT OF CLASSIFICATION ........................................................... 1515 ARTICLE 25: INSURANCE ..................................................................................................... 1515 ARTICLE 26: STANDBY PAY ................................................................................................. 1818 ARTICLE 27: UNIFORMS ....................................................................................................... 1818 ARTICLE 28: INJURY ON DUTY ............................................................................................ 1818 ARTICLE 29: LONGEVITY AND EDUCATIONAL INCENTIVE .............................................. 1818 ARTICLE 30: TUITION REIMBURSEMENT ........................................................................... 1919 ARTICLE 31: FIELD TRAINING OFFICER ............................................................................. 2020 ARTICLE 32: WAIVER ............................................................................................................ 2020 ARTICLE 33: DURATION ....................................................................................................... 2020 Council Packet Page Number 54 of 141 G6, Attachment 1 MASTER LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 153) ARTICLE 1: PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 202119, between the CITY OF MAPLEWOOD, hereinafter called the EMPLOYER, and LAW ENFORCEMENT LABOR SERVICES INC. hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2: RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minn. Stat. 179A.03, Subd. 8 for all police personnel in the following job classifications: Police Officer Police Officer - Dog Handler 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 GROUP/UNION: Law Enforcement Labor Services Inc. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services Inc. (Local 153). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Maplewood Police Department. 3.5 EMPLOYER: The City of Maplewood. 3.6 CHIEF: The Chief of the Maplewood Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services Inc., (Local 153). 3 City Packet Page Number 55 of 141 G6, Attachment 1 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of INVESTIGATOR/DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4: EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in, or support any strike, slow-down, or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 5: EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structures; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6: UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 4 Council Packet Page Number 56 of 141 G6, Attachment 1 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION Representatives - The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION REPRESENTATIVES and/or their successors when so designated as provided by 6.2 of this AGREEMENT shall be the sole representative of the UNION. 7.3 Processing of a Grievance - It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1. An EMPLOYEE claiming a violation concerning the interpretation of application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to a Lieutenant. The Lieutenant will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the LieutenantÓs final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the Chief of Police. The Chief of Police shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed in Step 3 within ten (10) calendar days following the Chief of PoliceÓs final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the City Manager. The City Manager shall give the UNION the 5 City Packet Page Number 57 of 141 G6, Attachment 1 EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the City ManagerÓs final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Medication Services Ðas amendedÑ to the ÐPublic Employment Labor Relations Act of 1971.Ñ 7.5 Arbitrator's Authority 7.5a The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. 7.5b The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decisions shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. 7.5c The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not responded to within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 Choice of Remedy - If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or E.E.O.C. If appealed to any procedure other than Step 4 of Article VII the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article VII or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the 6 Council Packet Page Number 58 of 141 G6, Attachment 1 aggrieved employee from making a subsequent appeal through Step 4 of Article VII. The election set forth above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. ARTICLE 8: 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 9: SENIORITY 9.1 Seniority shall be determined by the employee's start date in the job class, regardless of whether they were initially hired as part-time or full-time officers. Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period promoted or reassigned employees may be replaced in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Employees on layoff shall have an opportunity to return to work within two years of the time of their layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. Schedules will be bid two (2) times a st year. The first bid for the following year will be posted by October 1. Employees shall st complete their first bid by November 1. The first bid will be implemented on January stst 1. The second bid for the current year will be posted by April 1. Employees shall stst complete the bid process by May 1. The second bid will be implemented on July 1 for the current year. Employees shall bid in a timely manner. ÐTimely MannerÑ is defined as a maximum of two of the employeeÓs working days after becoming eligible to bid. 9.6 Employees may select two (2) continuous vacation periods by seniority in the fall for the following calendar year. The first choice shall be selected from a posting posted by November 2nd. Such selection shall be completed by November 30th. The second choice shall be selected from a posting posted by December 1st. Such selection shall be completed by December 31st. There shall be no second choice bids until first choice bids have been completed. Employees shall bid in a timely manner. ÐTimely mannerÑ is 7 City Packet Page Number 59 of 141 G6, Attachment 1 defined as a maximum of two of the employeeÓs working days after becoming eligible to bid. After December 31st, vacations shall be bid on a first-come, first-served basis. 9.7 Master Seniority. Employees hired on or after January 1, 1989, must use length of continuous service with the City's police department for purposes of exercising their seniority rights under Sections 9.5 and 9.6 of the labor agreement. ARTICLE 10: DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions, and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge, which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.6 Grievances relating to suspensions, demotions or terminations shall be initiated by the UNION in Step 3 of the grievance procedure under Article 7. 10.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline, above that of a verbal reprimand, has occurred within that five-year period. ARTICLE 11: CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE 12: WORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: a) Hours worked on assigned shifts. b) Holidays. c) Assigned training. 8 Council Packet Page Number 60 of 141 G6, Attachment 1 d) Authorized leave time. e) Required time (if on a schedule where required time is a component). 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE 13: WAGES 13.1 WAGE RATES Effective January 1, 2019 (3.0% increase) Start ÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ.. 70% of After 3 year Rate After 1 Year ÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ.. 80% of After 3 year Rate After 2 Years ÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ 90% of After 3 year Rate : After 3 years = $ 6,875.26 After 4 years = $ 6,887.59 After 8 years = $ 6,899.90 After 12 years = $ 6,912.21 Effective January 1, 20210 (3.0% increase) Start ÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ.. 70% of After 3 year Rate After 1 Year ÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ.. 80% of After 3 year Rate After 2 Years ÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ 90% of After 3 year Rate After 3 years = $ 7,081.52 After 4 years = $ 7,094.22 After 8 years = $ 7,106.90 After 12 years = $ 7,119.58 Employees shall receive the following Wage Adjustment A one-time, non-base lump sum payment on January 1, 2021 equal to the greater of 2% of base pay on January 1, 2021; or $2,000. It is understood that the City has the right to start a new hire at any step in the regular salary range (excluding longevity steps) at the CityÓs discretion when hiring an experienced officer. 13.2 In addition to the hourly rates provided in article 13.1 the city will contribute up to one hundred twenty ($120) dollars per month in deferred compensation, provided the Employee agrees to match the EMPLOYERÓS contribution of one hundred twenty ($120) dollars per month. The EMPLOYER agrees that if the Employee desires to contribute a lesser amount then the EMPLOYER shall match that lesser amount as well. The Employee agrees to have the funds deposited in an approved deferred compensation plan. 9 City Packet Page Number 61 of 141 G6, Attachment 1 13.3 Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive six percent (6%) of the Top Patrol Rate per month or that amount prorated for less than a full month in addition to their regular wage rate: Investigator (Detective) School Resource Officer Retail Crime Officer Violent Crime Enforcement Team (VCET) designee 13.4 Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive $100 per month or that amount prorated for less than a full month in addition to their regular wage rate: Street Crimes Unit 13.5 Based on requirements in the Federal Fair Labor Standards Act (FLSA), Dog Handlers will be paid thirty (30) minutes each calendar day at time and one-half their regular rate of pay for care, maintenance, and training of the officer's dog. Whenever an officer's dog is placed in a kennel, the additional compensation (30 minutes at time and one-half) will not apply for that day(s). The officer must notify his/her supervisor whenever the dog is placed in a kennel prior to submitting a timecard for that pay period. The kennel fee, if there is a fee, will be paid by the EMPLOYER. The EMPLOYER must approve the kennel. Any time in excess of thirty (30) minutes per day needed for care, maintenance, or training of the officer's dog must be authorized in advance by the Chief of Police or his/her designee. In the event that the FLSA requirements no longer apply, then the method of compensation for Dog Handlers would immediately revert back to the 4% differential over top patrol. 13.6 Anytime that one of the listed job classifications becomes open, a notice of the vacancy will be posted. ARTICLE 14: VACATIONS/ANNUAL LEAVE 14.1 Full-time employees who are on the vacation/sick leave benefit plan shall earn vacation as per the following schedule: Vacation Accrual Rates for FT employees - 1-4 years of service 10 working days per year (80 hours) 5-11 years of service 15 working days per year (120 hours per year) 12-20 years of service 20 working days per year (160 hours per year) 21 years and thereafter 25 working days per year (200 hours per year) Full-time employees who are on the annual leave benefit plan shall earn annual leave as per the following schedule: 10 Council Packet Page Number 62 of 141 G6, Attachment 1 Annual Leave Accrual Rates for FT employees - Years of Service Annual Accrual Rates 1 - 4 Years 19 days (152 hours per year) 5 - 11 Years 24 days (192 hours per year) 12 - 20 Years 29 days (232 hours per year) After 20 Years 34 days (272 hours per year) 14.2 Employees on vacation are allowed to carry over a maximum of one and one-half (1-1/2) times their annual vacation rate into any succeeding year. Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. 14.3 The EMPLOYER and UNION agree to incorporate the Annual Leave Program as adopted by the City Council on February 12, 2001, and as amended on September 23, 2002. ARTICLE 15: SICK LEAVE 15.1 A full-time employee who is not accruing annual leave shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month. Accumulated sick leave shall never total more than 2,400 hours (300 days) except as provided in Article 15.2. Actual sick leave cannot be made up by additional work shifts. 15.2 Sick Leave Conversion - Full-time employees can convert sick leave to vacation or deferred compensation (at the employee's current pay rate) on December 31st of any year assuming the employee elected the conversion option at the beginning of the year and had at least 800 hours at that time. The rate of conversation will be two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation or deferred compensation. 15.2a The sick leave balance will be capped (frozen) on January 1 of the year the option is first elected. That balance or cap (which can be anything between 800 and 2,400 hours) will remain as the cap for that employee into the future. 15.2b Employees will, however, accrue additional sick leave hours (above the cap) during the succeeding twelve months at the regular accrual rate only for purposes of conversion or use during that year. 15.2c The conversion will take place on December 31st and will be limited to the 48 hours as stated above. Only hours earned in excess of the cap (January 1 11 City Packet Page Number 63 of 141 G6, Attachment 1 through December 31) are eligible for conversion. Any additional hours accrued but unused during that year will be lost. 15.2d An employee who does not elect the conversion option will never accrue above 2,400 hours. Employees who are close to, or at, 2400 hours who elect the conversion option at the beginning of a given year can accrue additional sick leave above the 2,400 hours during the year only for purposes of conversion, or use, during that year. Hours accrued but unused between January 1 and December 31 of that year will then be converted to a maximum of 48 hours of vacation or deferred compensation. Any remaining balance above the cap will be lost. The employee will start the following year with no more than 2400 hours. 15.2e Employees who have a sick leave cap and who retire or resign under satisfactory conditions prior to December 31st of a given year, will be eligible to convert up to eighty percent (80%) of sick leave accrued and unused during that year. 15.3 Annual Leave Î Article 15.1 and 15.2 do not apply to employees who accrue annual leave except as provided in the Annual Leave Program (Current Sick Leave BalanceÏ Deferred Sick Leave and Severance Pay sections.) ARTICLE 16: SEVERANCE PAY Upon retirement or termination under satisfactory conditions, after at least ten (10) years of service, the employee shall receive one-half (1/2) of his/her accumulated sick leave upon the basis of the employee's outgoing salary. In case of death not contributable to his duty, payment of one-half (1/2) of employee's sick leave shall be paid to the employee's beneficiary. In case of death in the line of duty, payment of the employee's full-accumulated sick leave shall be made to the employee's beneficiary. ARTICLE 17: FUNERAL/BEREVEMENT LEAVE A maximum of up to three (3) shifts of funeral/bereavement leave with pay shall be extended to a regular full-time officer upon the death of a member of the immediate family of said officer or his/her spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers, sisters, brothers-in-law, sisters-in-law, or guardian). Any leave beyond one shift, up to a maximum of three shifts, to be on approval of department head or authorized designee. The actual amount of time off, and funeral leave approved, will be determined by the department head depending on individual circumstances (such as closeness of the relative, arrangements to be made, distance to the funeral, etc.) ARTICLE 18: HOLIDAYS 18.1 All full-time employees shall be entitled to observe the following ten (10) statutory holidays and shall be compensated at their regular pay rate for these days. Holiday st hours (x80 hours) will be made available January 1 of each year. If employment is separated the balance will be withheld by the employer based on the actual holidays earned. New Year's Day Veteran's Day President's Day Thanksgiving Day Memorial Day Friday after Thanksgiving 12 Council Packet Page Number 64 of 141 G6, Attachment 1 Labor Day Christmas Day Martin Luther King's B-Day Independence Day These holidays shall be credited toward the normal work year as per 12.1 of the Labor Agreement. 18.2 If employees are required to work on an observed holiday (listed in 18.1), they shall be compensated at time and one half for actual hours worked on the holiday. Employees who work at least half of their assigned shift on the holiday will receive time and one half for the entire shift. Compensation shall be credited in either pay or compensatory time off. 18.3 If compelled to duty on their scheduled off-duty time on a statutory holiday, as defined in Article 18.1, employees will be compensated for a minimum of two (2) hoursÓ pay at two times (2x) the employeeÓs regular rate of pay. 18.4 If compelled by their supervisor to work in excess of a regularly scheduled shift on a holiday, as defined in Article 18.1, employees will be compensated at two times (2x) the employeeÓs regular rate of pay for only those actual hours worked in excess of their scheduled shift. 18.5 In addition to the holidays listed in 18.1, all full-time employees shall receive twenty (20) hours of Personal holiday time per year. The time shall be requested off by the employee and approved by the employer. The hours must be used during the year and st will not carry over to the next year. Any unused hours as of December 31 will be converted to the employeeÓs Retiree Health Savings Plan. 18.6 Officers on a 5-2 rotation who are required to work on a holiday will be allowed to take another day off within the pay period plus receive four (4) hours of pay OR can elect to receive time and one-half pay with no time off. This is in addition to regular holiday pay. ARTICLE 19: FALSE ARREST The EMPLOYER shall provide and pay all premiums due on False Arrest Insurance to cover all employees covered by this AGREEMENT. ARTICLE 20: OVERTIME 20.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 20.2 Overtime will be distributed as equally as practicable. 20.3 Overtime refused by employees will for record purposes under Article 20.2 be considered as unpaid overtime worked. 20.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 20.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13 City Packet Page Number 65 of 141 G6, Attachment 1 20.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. 20.7 Voluntary Partial Shift Exchanges - Employees may elect to exchange hours with another employee on a one-for-one basis, up to a maximum of a full shift. When exchanging hours under this method, employees would not be eligible for overtime for extra hours worked as a result of the exchange. Likewise, the EMPLOYER would not require employees to use leave or compensatory time to make up any hours below eight (8) hours per shift. Shift exchanges are subject to supervisory approval prior to the exchange. The exchange must occur during the same twenty-eight (28) day schedule and must be an even exchange (hour for hour). It is understood the request to exchange hours must be submitted in writing to the Lieutenant in charge of scheduling (or the LieutenantÓs designee) and must be approved prior to the first date of the exchange. ARTICLE 21: COURT TIME Employees who are required to appear in Court during their scheduled off-duty time shall receive a minimum of four (4) hours pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the four (4) hour minimum. If employees have received notice from EMPLOYER of a specific date and time to appear in court on behalf of EMPLOYER during their scheduled off duty time, and EMPLOYER and/or the EMPLOYERÓs designee cancels said appearance with less than thirty-six (36) hoursÓ notice from the time and date of such requested appearance, then employee shall receive reimbursement equivalent to the Court Time pay as provided herein, for such cancellation, upon notation on the timesheet of the employee requesting such reimbursement. Such reimbursement shall not apply to cancellation of appearances for jury trials, or if employee has been called for multiple hearings on the same day, unless notice was provided less than thirty-six (36) hours prior to the multiple hearings, that all such hearings were cancelled. In such event that multiple hearings were noticed for the same day and all were cancelled less than thirty-six (36) hours prior to such hearings, then employee is still only eligible for one, four (4) hour reimbursement as provided above. ARTICLE 22: CALL BACK TIME An employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE 23: ON-CALL 23.1 Definition. Police Officers assigned to the classification of Investigator (Detective) pursuant to Article 13.3 of the collective bargaining agreement that is required by the Employer to be available to answer a service call and perform work if necessary during hours outside their normal work shift, shall be considered Ðon-call.Ñ 23.2 Schedule. The Employer will establish an on-call schedule one month prior to the initial implementation; after which a schedule will be posted for three months at a time. Generally, Investigators will be on-call on a weekly rotating basis. The week will start on Thursday at 0800 hours and end the following week on Thursday at 0759 hours. Investigators are allowed to switch days or weeks with one another and shall notify their immediate supervisor. 14 Council Packet Page Number 66 of 141 G6, Attachment 1 23.3 Requirements. If assigned as on-call, employees must ensure they are available to be contacted. Investigators will carry their work assigned phone with them at all times and are expected to answer immediately. Employees must respond as quickly as possible, with all necessary gear, but no longer than 60 minutes shall they arrive on-scene. 23.4 Compensation. In addition to the compensation outlined in Article 13.3, Investigators will be compensated one-hundred fifty dollars ($150) per month. 23.5 Vehicle. Take-home vehicles are optional and provided to Employees to assist in conducting City business. Use of City-owned property and vehicles outside work hours will be allowed only in situations where such use constitutes a benefit to the City, including personal use incidental to the use of the vehicle for City business. Use of take- home vehicles for driving to and from work or work-related meetings or training on off- duty hours is permitted. Employees with take home vehicles must have sufficient equipment in the vehicle to respond to a call whenever their vehicles are used. 23.6 Call-Back. In addition to the above compensation, employees who are on-call and are called to duty shall be compensated pursuant to Article 22 of the collective bargaining agreement. ARTICLE 24: WORKING OUT OF CLASSIFICATION 24.1 Officer In Charge: Employees assigned by the Employer to assume the significant duties, responsibilities and authority of a higher classification on a short term or emergency basis (not to exceed one (1) shift) shall receive $5.50 per hour over their regular pay rate for the actual hours worked in the higher position. 24.2 Acting Sergeant: Employees assigned by the Employer to assume the significant duties, responsibilities and authority of a higher classification as a temporary, acting sergeant shall be paid at the base rate for Sergeant. ARTICLE 25: INSURANCE 2019 Health Care Costs/Contributions 25.1 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 ÐHDHPÑ) for either the Medica Elect/Essential or Medica Choice plans. The Employer shall contribute towards the cost of 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. 15 City Packet Page Number 67 of 141 G6, Attachment 1 d. The City shall make such deposits for single or family HRA contributions by way of pro-rata contributions. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the CityÓs 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 employeeÓs option the employee may choose to receive up to twelve (12) hours of annual leave or twelve (12) hours of vacation pay (for those employees still on the vacation sick plan) in lieu of receiving the contribution into the EmployeeÓs HRA. 25.2 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 ÐHDHPÑ) for the Medica Elect/Essential plan. For any employee who chooses to participate in any other plan offered by the City, if any, the City will contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families toward the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. The Employer shall contribute towards the cost for insurance as follows: i. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. 1. The term actively participated shall be as determined by the Labor-Management Wellness Committee. ii. $1,700 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. For newly hired employees who have successfully completed one year of employment, the contribution shall be $1800.00. iii. $2,700 annually into a HRA for those employees who elect family coverage. For newly hired employees who have successfully completed one year of employment, the contribution for family coverage shall be $2800.00. b. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employeeÓs option the employee may choose to receive up to 16 Council Packet Page Number 68 of 141 G6, Attachment 1 12 hours of annual leave in lieu of receiving the contribution into the EmployeeÓs HRA. 20210 Health Care Costs/Contributions The Employer and the Employee mutually agree to re-open this contract in 2019 to negotiate health insurance costs/contributions. The Employer and the Employee mutually agreed to Health Care Costs and Contributions for 2021. The re-opener is exclusive to health care. The Employer and the Employee further agree to actively engage in labor-management discussions and planning with regard to future citywide health insurance offerings. It is the cityÓs expectation that a global agreement will be reached by the cityÓs insurance committee. In the event the health insurance provision of this agreement fails to meet the requirements of the Affordable Care Act and/or other new federal legislation or causes the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will meet immediately to negotiate alternative provisions. 25.3 Any changes that are presented at renewal will be discussed (and agreed to) through the Insurance Labor-Management Committee process. Insurance benefits apply to full- time employees only. 25.4 Dental, Life and Long-Term Disability Insurance Î The EMPLOYER shall pay one hundred percent (100%) of the cost of employee (single) dental insurance coverage, a $35,000 group term life insurance policy, and long-term disability insurance for regular full-time employees. 25.5 Short-Term Disability Insurance Î The City agrees to offer or go out for bid for short-term disability insurance coverage. Employees may elect this optional coverage at the employeeÓs cost. 25.6 The CITY will provide an IRS-125 plan for the employee's contribution in order to permit the EMPLOYEE to pay with pre-tax dollars. 25.7 Retiree Health Savings Plan -- The City agrees to provide a retiree health savings plan with the following plan specifications: 1. Participant & benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and years of service requirement, except as stipulated for eligibility severance pay in current labor agreement. 2. Benefits will be limited to insurance premiums (health, dental, vision & long Îterm care premiums, Medicare Part B, Medicare Part D, Medicare supplements, other prescription drugs & insurance premiums) and out-of-pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: A) One hundred percent (100%) of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is at least age fifty (50) at time of separation. B) One hundred percent (100%) of accrued vacation would be deposited into the RHS plan if the employeeÓs balance is at least two hundred seventy-five (275) 17 City Packet Page Number 69 of 141 G6, Attachment 1 hours and is at least age (50) at time of separation. If under two hundred seventy-five (275) hours or under age fifty (50), nothing would go in. C) One hundred percent (100%) of accrued annual leave would be deposited into the RHS plan if the employeeÓs balance is at least eighty (80) hours and is at least age fifty (50) at time of separation from service. If under eighty (80) hours or under age fifty (50), nothing would go in. D) One hundred percent (100%) of unused personal holiday and comp time bank would be deposited into the RHS plan. 4. The RHS plan will be funded with annual deposits as follows: A) Employees with vacation time will have the cash value of all vacation hours in excess of the carry-over limit (1.5 times annual accrual) deposited into the RHS plan. B) Employees will have the cash value of all personal holiday hours unused as of December 31, deposited into the RHS plan. ARTICLE 26: STANDBY PAY 26.1 Employees required by the EMPLOYER to standby shall be paid for each standby time at the rate of one (1) hour's pay for each hour on standby. Paramedics on medical on- call status shall be paid at the rate of one-quarter (1/4) hour pay for each hour on on-call. 26.2 An employee placed on standby for court will be paid one-quarter (1/4) hour for each hour on standby under the following circumstances. A Lieutenant, or higher-ranking officer in the department, will set a defined period with a start and automatic ending time, but can call and cancel it earlier. The Lieutenant will decide when and if they will put an employee on standby. ARTICLE 27: UNIFORMS The Employer shall provide probationary officers uniforms and necessary equipment items for the term of their probationary period. The Employer will provide an account for non-probationary officers and plain clothes officer, in which uniforms and necessary equipment can be purchased from, in the amount of nine hundred ($900) per year in 2019-2020. Uniform balances may be carried over from year to year, not to exceed a one (1) year amount. ARTICLE 28: INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular take-home pay and Worker's Compensation insurance and other disability payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits. Employees shall receive no more than their regular take-home pay during the ninety (90) working days. ARTICLE 29: LONGEVITY AND EDUCATIONAL INCENTIVE Effective July 1, 1978, the following terms and conditions are effective: 18 Council Packet Page Number 70 of 141 G6, Attachment 1 29.1 After four (4) years of continuous employment each employee shall choose to be paid supplementary pay of 3.5% (of employeeÓs Patrol Rate) per month or supplementary pay based on educational credits as outlined in 28.7 of this Article. 29.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of 5.5% (of employeeÓs Patrol Rate) per month or supplementary pay based on educational credits as outlined in 28.7 of this Article. 29.3 After twelve (12) years of continuous employment each employee shall choose to be paid supplementary pay of 7.5% (of employeeÓs Patrol Rate) per month or supplementary pay based on educational credits as outlined in 28.7 of this Article. 29.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of 9.5% (of employeeÓs Patrol Rate) per month or supplementary pay based on educational credits as outlined in 28.7 of this Article. 29.5 After twenty (20) years of continuous employment each employee shall choose to be paid supplementary pay of 10.5% (of employeeÓs Patrol Rate) per month or supplementary pay based on educational credits as outlined in 28.7 of this Article. 29.6 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 29.7 Supplementary pay based on educational credits will be paid to employees hired prior to January 1, 1986, after twelve (12) months of continuous employment at the rate of: Education Credits stated in Pay terms of college quarter credits Increment 45 - 89 92.32 90 - 134 157.20 135 - 179 222.08 180 or more 286.96 Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4-year degree is not automatically 180 credits -- or a 2-year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc., shall also be counted. The EMPLOYER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. ARTICLE 30: TUITION REIMBURSEMENT 30.1 When funds are available as determined by the Department Head, the EMPLOYER agrees to pay fifty percent (50%) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as ÐMicrosoft Word¨Ñ), upon successful completion with a ÐCÑ grade or better, seventy-five percent (75%) reimbursement upon completion with a ÐBÑ grade or better and eighty five percent (85%) reimbursement upon completion with an A grade, during the term of this 19 City Packet Page Number 71 of 141 G6, Attachment 1 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. 30.2 The EMPLOYER will reimburse officers one hundred percent (100%) of the cost of peace officer license renewal. ARTICLE 31: FIELD TRAINING OFFICER Employees assigned by the EMPLOYER to perform Field Training Officer duties will be paid $4.75 per hour for the actual hours assigned such duties. ARTICLE 32: WAIVER 32.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 32.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by the AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 32.3 The UNION and the CITY agree to meet and confer to discuss possible accommodations for "qualified" disabled employees as the need arises, consistent with the intent of the Americans with Disabilities Act. ARTICLE 33: DURATION This AGREEMENT shall be effective as of January 1, 202119, except as herein noted, and shall remain in full force and effect until the thirty-first day of December 20210. In witness whereof, the parties hereto have executed this AGREEMENT on this ____ day of____________________, 202218. FOR THE CITY OF MAPLEWOOD: LAW ENFORCEMENT LABOR SERVICES, INC., Local 153 ___________________________________ ______________________________ Mayor Business Agent 20 Council Packet Page Number 72 of 141 G6, Attachment 1 ___________________________________ ______________________________ City Manager Steward ___________________________________ ______________________________ Assistant City Manager/HR Director Steward 21 City Packet Page Number 73 of 141 G6, Attachment 2 LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD AND LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 173) SERGEANTS January 1, 2019 - December 31, 2020 January 1, 2021- December 31, 2021 Council Packet Page Number 74 of 141 G6, Attachment 2 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ................................................................................ 11 ARTICLE 2: RECOGNITION ...................................................................................................... 11 ARTICLE 3: DEFINITIONS ......................................................................................................... 11 ARTICLE 4: EMPLOYER SECURITY ........................................................................................... 2 ARTICLE 5: EMPLOYER AUTHORITY ........................................................................................ 2 ARTICLE 6: UNION SECURITY ................................................................................................... 2 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................................... 2 ARTICLE 8: SAVINGS CLAUSE ................................................................................................ 55 ARTICLE 9: SENIORITY ............................................................................................................ 55 ARTICLE 10: DISCIPLINE .......................................................................................................... 55 ARTICLE 11: CONSTITUTIONAL PROTECTION ...................................................................... 66 ARTICLE 12: WORK SCHEDULES ............................................................................................ 66 ARTICLE 13: OVERTIME ........................................................................................................... 77 ARTICLE 14: COURT TIME ....................................................................................................... 77 ARTICLE 15: CALLBACK TIME ................................................................................................. 77 ARTICLE 16: VACATIONS/ANNUAL LEAVE ............................................................................. 88 ARTICLE 17: HOLIDAYS ............................................................................................................ 99 ARTICLE 18: SICK LEAVE ......................................................................................................... 99 ARTICLE 19: SEVERANCE PAY ........................................................................................... 1010 ARTICLE 20: FUNERAL LEAVE ............................................................................................ 1010 ARTICLE 21: INJURY ON DUTY ............................................................................................ 1010 ARTICLE 22: INSURANCE ..................................................................................................... 1111 ARTICLE 23: STANDBY PAY ................................................................................................. 1313 ARTICLE 24: UNIFORMS ....................................................................................................... 1313 ARTICLE 25: LONGEVITY AND EDUCATIONAL INCENTIVE .............................................. 1313 ARTICLE 26: FALSE ARREST ............................................................................................... 1414 ARTICLE 27: WAIVER ............................................................................................................ 1414 ARTICLE 28: DURATION ....................................................................................................... 1615 APPENDIX A .......................................................................................................................... 1716 City Packet Page Number 75 of 141 G6, Attachment 2 ARTICLE 1: PURPOSE OF AGREEMENT This Agreement is entered into between the City of Maplewood, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this AgreementÓs interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2: RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under state law for all police personnel in the following job classifications: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 UNION: Law Enforcement Labor Services Inc. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services Inc. (Local 173). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Maplewood Police Department. 3.5 EMPLOYER: The City of Maplewood. 3.6 CHIEF: The Chief of the Maplewood Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services Inc., (Local 173). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 1 Council Packet Page Number 76 of 141 G6, Attachment 2 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4: EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in, or support any strike, slow-down, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5: EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structures; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate except for those terms that are mandatory subjects of bargaining. ARTICLE 6: UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 6.5 The Employer agrees not to enter into any additional agreements with Employees, individually or collectively concerning any terms or conditions of employment as defined by M.S. 179A.03, Subd. 19. ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 2 City Packet Page Number 77 of 141 G6, Attachment 2 7.2 Union Representatives - The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union representatives and/or their successors when so designated as provided by 6.2 of this Agreement shall be the sole representative of the Union. 7.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1. An Employee claiming a violation concerning the interpretation of application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EmployeeÓs supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representativeÓs final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated representative. The Employer- designated representative shall give the Union the EmployerÓs Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed in Step 3 within ten (10) calendar days following the Employer-designated representativeÓs final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer- designated representative shall give the Union the EmployerÓs answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representativeÓs final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. 3 Council Packet Page Number 78 of 141 G6, Attachment 2 Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 4 of the grievance procedure. Any grievance not appealed in writing to step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Medication Services. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decisions shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not responded to within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. 7.7 Choice of Remedy - If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article 7 or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7. 4 City Packet Page Number 79 of 141 G6, Attachment 2 ARTICLE 8: SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9: SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment as a Sergeant with the Police Department and posted in an appropriate location. 9.2 During the probationary period a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned Employee may be returned to their previous position at the sole discretion of the Employer 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Employees on layoff shall have an opportunity to return to work within two years of the time of their layoff before any new employee is hired or promoted. 9.4 Patrol Shift selection shall be based upon seniority. The bid will be done annually going st into effect on January 1. The bid will be completed by September 15 for the following year. In the event there is a reassignment or a change in patrol seniority a bid must be posted immediately and be completed in 96 hours. The bid will then go into effect 28 days after the bid has been completed. The bid must specify sets days or rotation and specify specific set hours of the shifts. 9.5 Employees may select two (2) continuous vacation periods by seniority in the fall for the following calendar year. The first choice shall be selected from a posting posted by October 1st. Such selection shall be completed by October 30th. The second choice st shall be selected from a posting posted by October 31. Such selection shall be completed by November 30th. There shall be no second choice bids until first choice bids have been completed. Employees shall bid in a timely manner. A timely manner is defined as a maximum of two of the employeeÓs working days after becoming eligible to bid. After November 30th, vacations shall be bid on a first-come, first-served basis. ARTICLE 10: DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions, and discharges will be in written form. 5 Council Packet Page Number 80 of 141 G6, Attachment 2 10.3 Written reprimands, notices of suspension, and notices of discharge, which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. 10.6 Grievances relating to suspensions, demotions or terminations shall be initiated by the union in Step 3 of the grievance procedure under Article 7. 10.7 The Employer will remove old disciplinary letters after five (5) years if no further discipline, above that of a verbal reprimand, has occurred within that five-year period. ARTICLE 11: CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE 12: WORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each Employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. 12.4 Employees may voluntarily switch shifts with their SupervisorÓs approval. Voluntary switching of shifts shall not obligate the Employer for overtime pay. 12.5 No employee shall have their schedule changed without the employeeÓs consent within 14 days. Schedule changes within 14 days will be considered mandatory and paid at an overtime rate for all hours worked. 12.6 If the schedule selected by the employer would normally cause the work week to extend past 80 hours the employer may choose to pay regular time up to 84 hours or bank hours over 80 (to 84) for use as paid time off. If the schedule requires time to be made up, the employer and union will develop a mutual understanding as how the employer 6 City Packet Page Number 81 of 141 G6, Attachment 2 will manage the shortage. Once agreed upon agreement will be placed in a memorandum of understanding. 12.7 If a shift is modified or rescheduled in lieu of some other event, i.e. training, all the hours must be used on the day actually being worked. 12.8 Open shifts within this bargaining group must be offered within the bargaining group prior to being filled by a member of Law Enforcement Labor Service, Local 153, Police Officers, unless the open shift is four (4) hours or less in length and the open shift became available less than 48 hours to the start of the shift. ARTICLE 13: OVERTIME 13.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the Employee from so working. ARTICLE 14: COURT TIME An Employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of four (4) hours pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the Employee for the four (4) hour minimum. If employees have received notice from EMPLOYER of a specific date and time to appear in court on behalf of EMPLOYER during their scheduled off duty time, and EMPLOYER (specifically a prosecuting body) cancels said appearance with less than 36 hours notice from the time and date of such requested appearance, then employee shall receive reimbursement equivalent to the Court Time pay as provided herein, for such cancellation, upon notation on the timesheet of the employee requesting such reimbursement. Such reimbursement shall not apply to cancellation if employee has been called for multiple hearings on the same day, unless all such hearings were cancelled. In such event that multiple hearings were noticed for the same day and all were cancelled less than thirty six (36) hours prior to such hearings, then employee is still only eligible for one 4 hour reimbursement as provided above. ARTICLE 15: CALLBACK TIME An Employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's base pay rate. An 7 Council Packet Page Number 82 of 141 G6, Attachment 2 extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the two (2) hour minimum. ARTICLE 16: VACATIONS/ANNUAL LEAVE 16.1 Full-time employees who are who are not accruing annual leave shall earn vacation leave as per the following schedule: 1-4 years of service 10 working days per year 5-11 years of service 15 working days per year 12-20 years of service 20 working days per year 21 years and thereafter 25 working days per year 16.2 Employees shall be allowed to carry over a maximum of one and one-half (1-1/2) times their annual earning rate into any succeeding year. st 16.3 On December 1 of each year, employees who are at the 15 day vacation accrual rate or higher, with a minimum balance of 80 hours, shall be eligible to convert up to 40 hours of unused vacation time to deferred compensation. Conversion will be at the Employers current hourly rate as of 12-01 and will be on the basis of one hour of vacation for one hour of deferred compensation pay. Actual conversion will take place in the second payroll of the following year. 16.4 The Employer and Union agree to incorporate the Annual Leave Program as adopted by the City on May 5, 2001, and as amended on September 23, 2002. Articles 16.1 through 16.3 do not apply to employees who select the Annual Leave Program. Full-time employees who are on the annual leave benefit plan shall earn annual leave as per the following schedule: Annual Leave Accrual Rates for FT employees - Years of Service Annual Accrual Rates 1 - 4 Years 19 days (152 hours per year) 5 - 11 Years 24 days (192 hours per year) 12 - 20 Years 29 days (232 hours per year) After 20 Years 34 days (272 hours per year) Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. 8 City Packet Page Number 83 of 141 G6, Attachment 2 ARTICLE 17: HOLIDAYS 17.1 All full-time employees shall be entitled to observe the following ten (10) statutory holidays and shall be compensated at their regular pay rate for these days. Holiday st hours will be made available January 1 of each year. If employment is separated the balance will be withheld by the employer based on the actual holidays earned. New Year's Day Martin Luther King's B-Day President's Day Veteran's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day These holidays shall be credited toward the normal work year as per 12.1 of the Labor Agreement. 17.2 If employees are required to work on an observed holiday (listed in 17.1), they shall be compensated at time and one half for actual hours worked on the holiday. Employees who work at least half of their assigned shift on the holiday will receive time and one half for the entire shift. Compensation shall be credited in either pay or compensatory time off. 17.3 If an employee is called to duty on their scheduled off-duty time on a statutory holiday, as defined in Article 17.1, shall receive a minimum of two (2) hoursÓ pay at two times (2x) the employeeÓs regular rate of pay. 17.4 If compelled by their supervisor to work in excess of a regularly scheduled shift on a holiday, as defined in Article 17.1, employees will be compensated at two times (2x) the employeeÓs regular rate of pay for only those actual hours worked in excess of their scheduled shift. 17.5 In addition to the holidays listed in 17.1, all full-time employees shall receive twenty (20) hours of Personal holiday time per year. The time shall be requested off by the employee and approved by the employer. The hours must be used during the year and st will not carry over to the next year. Any unused hours as of December 31 will be converted to the employeeÓs Retiree Health Savings Plan. ARTICLE 18: SICK LEAVE 18.1 A full-time employee who is not accruing annual leave shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month. Accumulated sick leave shall never total more than three hundred (300) days. Actual sick leave cannot be made up by additional work shifts. 18.2 Full-time employees can convert sick leave to vacation or deferred compensation (at the Employee's current pay rate) on December 31st of any year assuming the Employee elected the conversion option at the beginning of the year and had at least 800 hours at that time. The rate of conversation will be two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation or deferred compensation. 9 Council Packet Page Number 84 of 141 G6, Attachment 2 The sick leave balance will be capped (frozen) on January 1 of the year the option is first elected. That balance or cap (which can be anything between 800 and 2400 hours) will remain as the cap for that Employee into the future. Employees will, however, accrue additional sick leave hours (above the cap) during the succeeding twelve months at the regular accrual rate only for purposes of conversion or use during that year. The conversion will take place on December 31st and will be limited to the 48 hours as stated above. Only hours earned in excess of the cap (January 1 through December 31) are eligible for conversion. Any additional hours accrued but unused during that year will be lost. An Employee who does not elect the conversion option will never accrue above 2400 hours. Employees who are close to, or at, 2400 hours who elect the conversion option at the beginning of a given year can accrue additional sick leave above the 2400 hours during the year only for purposes of conversion, or use, during that year. Hours accrued but unused between January 1 and December 31 of that year will then be converted to a maximum of 48 hours of vacation or deferred compensation. Any remaining balance above the cap will be lost. The employee will start the following year with no more than 2400 hours. Employees who have a sick leave cap and who retire or resign under satisfactory conditions prior to December 31 of a given year, will be eligible to convert up to 80% of sick leave accrued and unused during that year. 18.3 Article 18 does not apply to employees who accrue annual leave except as provided in the Annual Leave Program (Current Sick Leave BalanceÏDeferred Sick Leave and Severance Pay sections). ARTICLE 19: SEVERANCE PAY Upon retirement or termination under satisfactory conditions, after at least ten (10) years of service, the Employee shall receive one-half (1/2) of his/her accumulated sick leave upon the basis of the Employee's outgoing salary. In case of death which cannot be contributed to his/her duty, payment of one-half (1/2) of Employee's sick leave shall be paid to the Employee's beneficiary. In case of death in the line of duty, payment of the Employee's full-accumulated sick leave shall be made to the Employee's beneficiary. ARTICLE 20: FUNERAL/BEREVEMENT LEAVE A maximum of up to three (3) shifts of funeral/bereavement leave with pay shall be extended to a regular full-time Sergeant upon the death of a member of the immediate family of said Sergeant or his/her spouse (i.e., spouse, children, sons-in-law, daughters-in-law, grandchildren, parents, grandparents, brothers, sisters, legal guardian, or individuals who are under the EmployeeÓs legal guardianship) for the attendance at the funeral or other demonstrated need in relation thereto. Any leave beyond one (1) day to be upon approval of the immediate supervisor. The actual time off, and funeral leave approved, will be determined by the department head depending on individual circumstances (such as closeness of the relative, arrangements to be made, distance to the funeral, etc.) Eligibility for time off in accordance with this policy will be pro-rated for part-time employees. ARTICLE 21: INJURY ON DUTY Employees injured during the performance of their duties for the Employer and thereby 10 City Packet Page Number 85 of 141 G6, Attachment 2 rendered unable to work for the Employer will be paid no more than the difference between the Employee's regular take-home pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the Employee's vacation, sick leave, or other accumulated paid benefits. ARTICLE 22: INSURANCE 2019 Health Care Costs/Contributions 22.1 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 ÐHDHPÑ) 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. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the CityÓs 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 employeeÓs 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 EmployeeÓs HRA. 22.2 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 ÐHDHPÑ) 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 11 Council Packet Page Number 86 of 141 G6, Attachment 2 amount equal to the actual dollar amounts paid for family HDHP coverage for families toward the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. The Employer shall contribute towards the cost for insurance as follows: i. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. 1. The term actively participated shall be as determined by the Labor-Management Wellness Committee. ii. $1,700 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. For newly hired employees who have successfully completed one year of employment, the contribution shall be $1800.00. iii. $2,700 annually into a HRA for those employees who elect family coverage. For newly hired employees who have successfully completed one year of employment, the contribution for family coverage shall be $2800.00. b. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employeeÓs option the employee may choose to receive up to 12 hours of annual leave in lieu of receiving the contribution into the EmployeeÓs HRA. 20210 Health Care Costs/Contributions The Employer and the Employee mutually agree to re-open this contract in 2019 to negotiate 2020 health insurance costs/contributions. The Employer and the Employee mutually agreed to Health Care Costs and Contributions in 2021. The re-opener is exclusive to health care. The Employer and the Employee further agrees to actively engage in labor-management discussions and planning with regard to future citywide health insurance offerings. It is the cityÓs expectation that a global agreement will be reached by the cityÓs insurance committee. In the event health insurance provision of this agreement fail to meet the requirements of the Affordable Care Act and/or any other new federal legislation; or cause the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will meet immediately to negotiate alternative provisions. Any changes that are presented at renewal will be discussed (and agreed to) through the Labor- Management Committee process. These benefits apply to FT employees only. 22.5 Dental, Life and Long-Term Disability Insurance Î The Employer shall pay 100% of the cost of employee (single) dental insurance coverage, a $35,000 group term life insurance policy, and long-term disability insurance for regular full-time employees 22.6 The Employer will provide an IRS-125 plan for the Employee's contribution in order to permit the Employee to pay with pre-tax dollars. 22.7 Short-Term Disability Insurance Î The City agrees to offer or go out for bid for short-term disability insurance coverage. Employees may elect this optional coverage at the employeeÓs cost. 12 City Packet Page Number 87 of 141 G6, Attachment 2 22.8 Retiree Health Savings PlanÏThe City agrees to provide a retiree health savings plan with the following plan specification: 1. Participant and benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and no years of service requirement, except as stipulated for eligible severance pay in current labor agreement. 2. Benefits will be limited to insurance premiums (health, dental, vision and long-term care premiums, Medicare Part B, Medicare Part D, Medicare supplements, other prescription drug insurance premiums) and out-of-pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: One-hundred percent (100%) of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is age 31 or above at the time of separation from service. 4. The RHS plan will be funded with annual deposits as follows: Employees will have the cash value of all personal holiday hours unused as of st December 31 deposited into the RHS plan. ARTICLE 23: STANDBY PAY An employee placed on standby for court will be paid one-quarter (1/4) hour for each hour on standby under the following circumstances. A Lieutenant, or higher-ranking officer in the department, will set a defined period with a start and automatic ending time, but can call and cancel it earlier. The Lieutenant will decide when and if they will put an employee on standby. ARTICLE 24: UNIFORMS The Employer shall provide a contribution for required uniform and equipment items, but the contribution is not to exceed $900 per year for 2019 and 2020. Uniform balances may be carried over from year to year, not to exceed a one year amount. The Employer will reimburse Employees one-hundred percent (100%) of the cost of peace officer license renewal. ARTICLE 25: LONGEVITY AND EDUCATIONAL INCENTIVE 25.1 Effective January 1, 2011, the following terms and conditions are effective: 25.1.1 After four years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of three and one half percent (3.5%) of that Employees base pay. 25.1.2 After six years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of five and one half percent (5.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the three and ½ percent (3.5%) four (4) year step set forth above. Specifically, the five and ½ percent (5.5%) is calculated on the base pay which shall not include the aforementioned three and ½ percent (3.5%) increase. 13 Council Packet Page Number 88 of 141 G6, Attachment 2 25.1.3 After eight (8) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of seven and one half percent 7.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the two steps set forth above. Specifically, the seven and ½ percent (7.5%) is calculated on the base pay which shall not include the aforementioned increases. 25.1.3 After twelve (12) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of nine and one half percent (9.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the three steps set forth above. Specifically, the nine and one half percent (9.5%) is calculated on the base pay which shall not include the aforementioned increases. 25.1.4 When funds are available as determined by the Department head , The EMPLOYER agrees to pay fifty percent (50%) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as ÐMicrosoft Word¨Ñ), upon successful completion with a ÐCÑ grade or better, seventy-five (75%) reimbursement upon completion with a ÐBÑ grade or better and eighty five percent (85%) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non-working hours. Part-Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro-rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. ARTICLE 26: FALSE ARREST The Employer shall provide and pay all premiums due on False Arrest Insurance to cover all Employees covered by this Agreement. ARTICLE 27: WAIVER 27.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 27.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this Agreement or with respect to any term or condition of employment not specifically referred to or covered by the Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 14 City Packet Page Number 89 of 141 G6, Attachment 2 31.3 The Union and the City agree to meet and confer to discuss possible accommodations for "qualified" disabled employees as the need arises, consistent with the intent of the Americans with Disabilities Act. 15 Council Packet Page Number 90 of 141 G6, Attachment 2 ARTICLE 28: DURATION Except as herein provided, this Agreement shall be effective as of January 11, 202119, except as herein noted, and shall continue in full force and effect until December 31, 2020 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify st this Agreement shall notify the other in writing by October 31 of the year in which modifications are desired, so as to comply with the provisions of the Public Employment Labor Relations Act of 1971 as amended. In witness whereof, the parties hereto have executed this Agreement on this 10th ______day of December_______________, 202218. FOR THE CITY OF MAPLEWOOD: FOR L.E.L.S. ________________________________ _____________________________ Mayor Business Agent ________________________________ _____________________________ City Manager Steward ________________________________ _____________________________ Assistant City Manager/ Director of Human Steward Resources 16 City Packet Page Number 91 of 141 G6, Attachment 2 APPENDIX A 1. WAGE RATES Effective January 1, 2019 (3.0% increase) Start ..................................................................................................................... $7,731.03 After 1 Year ......................................................................................... ÈÈÈ..$7,973.42 After 2 Years ................................................................................................... $8,217.07 After 3 Years Top Sergeant Pay ...................................................................... $8,459.44 Effective January 1, 2021 2020 (3.0% increase) Start ..................................................................................................................... $7,962.96 After 1 Year ...................................................................................................... $8,212.62 After 2 Years ................................................................................................... $8,463.58 After 3 Years Top Sergeant Pay ...................................................................... $8,713.22 Employees will normally be hired at the ÒStartÓ wage. Exceptions can be approved by the City Manager based on qualifications and experience. An employee who is promoted will move to a pay rate which gives them no less than a 3% increase over their pre-promoted pay rate, subject to limitations of the salary range maximum. Employees shall receive the following Wage Adjustment: * A one-time non-base lump sum payment on January 1, 2021 equal to the greater of 2% of base pay on January 1, 2021; or $2,000. 2. DEFERRED COMPENSATION In addition to the hourly rates provided in Appendix A: Section 1, the city will contribute up to $120 per month in deferred compensation, provided the Employee agrees to match the EMPLOYERÓS contribution of one hundred twenty ($120) dollars per month. The EMPLOYER agrees that if the Employee desires to contribute a lesser amount then the EMPLOYER shall match that lesser amount as well. The Employee agrees to match such contribution and have the funds deposited in a city approved deferred compensation plan. 4. INVESTIGATIVE SERGEANT/ NON-PATROL POSITIONS DIFFERENTIAL The Sergeant assigned by the Police Chief to Investigations or any non-patrol position shall receive a pay differential of six percent (6%). The differential will be based on the top sergeant pay rate. 17 Council Packet Page Number 92 of 141 G7 CITY COUNCILSTAFF REPORT Meeting Date March 14, 2022 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Director of Public Works/City Engineer PRESENTER: Steven Love AGENDA ITEM: Reimbursement and Escrow Agreement for the 2501 Londin Lane Apartments, City Project 21-23 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: As part of the development approval of 2501 Londin Lane it was required that improvements to the existing pedestrian crossing of Lower Afton Road be made. The cost of these proposed pedestrian improvements will be split between the developer REE Maplewood Apartments, LLC and Ramsey County. The City Council will consider entering into a Reimbursement and Escrow Agreement with REE Maplewood Apartments, LLC for the proposed pedestrian crossing improvements Recommended Action: Motion to approve the attached Reimbursement and Escrow Agreement for the 2501 Londin Lane Apartments, City Project 21-23, with REE Maplewood Apartments, LLC and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. 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: There are no anticipated City costs associated with the attached agreement. The City’s role is to manage the developer’s escrow per the attached escrow agreement. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Ramsey County will be designing and managing the construction of the proposed pedestrian improvements to the Lower Afton Road crossing. The reimbursement and escrow agreement ensures that the developer’s share of the proposed improvements will be reimbursed to Ramsey County upon the completion of the County’s project. City Packet Page Number 93 of 141 G7 Background: The REE Maplewood Apartments, LCC development project, at the property of 2501 Londin Lane East, includes the construction of a 148 unit multi-family residential building. The proposed project includes the construction of new pedestrian improvements that will tie into the crossing of Lower Afton Road (a Ramsey County road) and the trail system that runs along the north side of Lower Afton Road. As part of the project approval, improvements to the pedestrian crossing of Lower Afton Road were required to provide safe access to recreational amenities in the vicinity of the project. These improvements include an enhanced pedestrian crossing, a concrete pedestrian refuge island, and a rectangular rapid-flashing beacon system. The cost of the improvements are being split 50/50 between REE Maplewood Apartments, LLC and Ramsey County. As part of the Ramsey County’s process for these type of improvements Maplewood is required to enter into an agreement with the developer and hold an escrow for the developer’s share of the improvements. The overall cost of the pedestrian improvements is estimated to be $150,000 with the developer’s share being $75,000 (50% of the total cost). Per the agreement the developer will provide the City with an escrow of $75,000 and agrees to reimburse the County for 50% of the final construction cost up to a maximum of $150,000. The developer’s share will based on final construction costs. After the County has been reimbursed for the developer’s share any remaining escrow will returned to the developer. The City Attorney has reviewed the propose agreement. Staff recommend the City Council approve and enter into the agreement with REE Maplewood Apartments, LLC. Attachments: 1.Reimbursement and Escrow Agreement Council Packet Page Number 94 of 141 G7, Attachment 1 REIMBURSEMENT AND ESCROW AGREEMENT This Reimbursement and Escrow Agreement (the “Agreement”) is entered into this ____ day of ________, 2022 by and between REE Maplewood Apartments LLC, a Minnesota limited liability company, its successors and assigns (the “Developer”) and the city of Maplewood, a Minnesota municipal corporation (the “City”). RECITALS A. The Developer is the fee owner of the land located at 2501 Londin Lane E. in Maplewood, which is legally described in Exhibit A attached hereto (the “Property”); and B. The Developer intends to construct a 148-unit multi-family residential building (the ”Project”) on the Property; and C. To provide safe access to and from recreational amenities in the vicinity of the Project, including Battle Creek Park and adjacent trails, a pedestrian crossing and signal, as more fully described below, will be constructed across Lower Afton Road (the “Improvement”); and D. Ramsey County (the “County”) will design, bid, construct, and maintain the Improvement and the Developer has agreed to pay for one-half of the cost of the Improvement; and E.The County intends to construct the Improvement in 2023 but wishes to ensure at this time that adequate funding will be available at the time of construction; and F. The Developer and the City desire to enter into this Agreement to provide the City an escrow to ensure the reimbursement on behalf of the County. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1.Description of Improvement and Reimbursement of Costs. The Improvement consists of an enhanced pedestrian crossing, including a concrete pedestrian refuge island and rectangular rapid-flashing beacon system. The Developer agrees to reimburse the County for one-half of the actual cost of the Improvement, including both hard and soft costs, but in no event greater than $150,000 (the “Maximum Contribution”). 2. Deposit and Use of Escrow. Within five days of the execution of this Agreement by both parties, the Developer agrees to provide the City a cash escrow in the amount of $75,000 (the “Escrow”), which represents one-half of the Maximum Contribution. The City shall deposit the Escrow and keep a separate accounting of the deposited amount. The City shall withdraw funds from the Escrow as needed to reimburse the County for one-half of the actual cost of the Improvement. Funds from the Escrow and funds from the County will be applied on a pro rata basis to pay for the Improvement. The City shall notify the Developer if the Escrow amount MA745-33-778868.v4 1 City Packet Page Number 95 of 141 G7, Attachment 1 is reduced to less than $5,000 and the Developer will be required within 10 days of receipt of such notice to deposit additional funds with the City in the amount indicated in the notice. The Developer expressly agrees that any amount it fails to reimburse the County for its portion of the Improvement constitutes a service charge collectable as provided in Minnesota Statutes, section 366.012 together with property taxes on property the Developer owns in the State. The foregoing notwithstanding, any amounts owed under this Section 2 shall be subject to the Maximum Contribution, and the Developer shall not be required to pay additional amounts or reimburse the County for additional amounts that are incurred as a result of changes to the scope of work or the design made by the County without the consent of the Developer. 3. Accounting. The City shall provide the Developer with an accounting of the deductions made from the Escrow upon request by the Developer but not more frequently than on a monthly basis. 4. Unused Funds. Any portion of the Escrow remaining after the County has been fully reimbursed for one-half of the cost of the Improvement shall be returned to the Developer without interest within 30 days. In the event work has not begun on the Improvement by September 30, 2023, the Escrow shall be returned to the Developer. Upon completion of the Improvement or, in any event, upon the return of the Escrow to the Developer, this Agreement shall terminate. 5. Notices. Any notice or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified United States mail, return receipt requested, or delivered personally to in the case of the City: City of Maplewood 1830 East County Road B Maplewood, MN 55109 Attn: City Manager in the case of the Developer REE Maplewood Apartments, LLC 579 Shelby Ave St. Paul, MN 55102 Attn: Patrick Ostrom 6. Miscellaneous Provisions. a. Amendments. No modification of the terms of this Agreement is effective unless reduced to writing and signed by both parties. b. Binding. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. c. Recitals. The recitals contained herein are incorporated in and made part of this Agreement. MA745-33-778868.v4 2 Council Packet Page Number 96 of 141 G7, Attachment 1 d. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. e.Authority.The parties each represent that it has the authority to enter into this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement and Escrow Agreement the day and year first above written. CITY OF MAPLEWOOD By:_______________________________ Marylee Abrams, Mayor By: _______________________________ Melinda Coleman, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument as acknowledged before me this _____ day of ____________, 2022, by Marylee Abrams and Melinda Coleman, the Mayor and City Manager, respectively, of the City of Maplewood, a municipal corporation under the laws of Minnesota, on behalf of the City. ____________________________________ Notary Public MA745-33-778868.v4 3 City Packet Page Number 97 of 141 G7, Attachment 1 REE MAPLEWOOD APARTMENTS, LLC By:________________________________ William Bisanz, President STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument was executed before me this _____ day of _______________, 2022, by William Bisanz, the President of REE Maplewood Apartments LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public MA745-33-778868.v4 4 Council Packet Page Number 98 of 141 G7, Attachment 1 EXHIBIT A Part of the Northwest ¼ of the Northeast ¼ of Section 12, Township 28, Range 22 lying Southwesterly of New Lower Afton Road and lying Northerly and Northwesterly of Londin Lane, Ramsey County, Minnesota. MA745-33-778868.v4 A-1 City Packet Page Number 99 of 141 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 100 of 141 J1 CITY COUNCILSTAFF REPORT Meeting Date March 14, 2022 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Conditional Use Permit Resolution, Superior Landscape and Irrigation, 2714 and 2730 Highwood Avenue Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Superior Landscape and Irrigation has applied for a conditional use permit to allow for the operation of a landscaping company at 2714 and 2730 Highwood Avenue. The properties, located west of Century Avenue and just north of 494, were previously used as an auto body repair shop by Carver Auto Body. To move forward with the project, the applicant is requesting approval of a conditional use permit. Recommended Action: Motion to approve a conditional use permit resolution for a proposed landscaping company to operate at 2714 and 2730 Highwood Avenue. 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: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The city deemed the applicant’s application complete on January 24, 2022. The initial 60-day review deadline for a decision is March 24, 2022. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. City Packet Page Number 101 of 141 J1 Background: Project Overview Superior Landscape and Irrigation is purchasing three parcels on Highwood Avenue. The business currently operates out of South St. Paul, but is proposing to move its operations to Maplewood. The company employs approximately 30 employees and specializes in the design and installation of landscaping, pools, irrigation, and outdoor lighting. The residentially zoned property at 2692 Highwood will continue to be used as a single-family residential home. The remaining two commercially zoned properties at 2714 and 2730 Highwood Avenue are to be used for the landscaping company business operations and office space. A conditional use permit is required for interior storage or warehouses and the exterior storage, display, sale or distribution of goods or materials. Other than the outdoor storage of landscaping materials, vehicles and three fuel tanks, the applicant is not proposing major exterior modifications to the site or existing structures. A site plan was provided by the applicant illustrating generally how the two properties would be used to accommodate the new use on site. The applicant’s narrative indicates future plans for landscaping improvements on the site. Commission and City Council Review Conditional Use Permit The conditional use permit was reviewed by the Planning Commission on February 15, 2022. The commission voted unanimously to approve the CUP. The City Council will review the project, and make the final determination on the conditional use permit on March 14, 2022. Department Comments Building Department, Randy Johnson: A building permit will be required for the change of use from residential to commercial (2714 Highwood) and the building will need to be brought up to meet the current requirements for this new use. Public Works/Engineering Department, Jon Jarosch: The proposed outdoor storage of materials shall be properly contained and protected per Minnesota Pollution Control Agency requirements to prevent the materials from washing away during storm events. Additional details shall be provided on the proposed 500 gallon fuel storage tanks. These tanks shall meet all state and local requirements. Fire Department, Steve Lukin: The applicant will ensure the building complies with the fire code per the 2020 MNSFC as needed. The same will be required for the fueling request. The applicant shall provide drawings illustrating locations for the fuel tanks as well as cut sheet regarding the tanks and spill containment. Citizen Comments Staff surveyed the surrounding properties. A public hearing notice and project details were sent to the properties within 500 feet of the subject property. No public comments were received regarding the public hearing notice. Council Packet Page Number 102 of 141 J1 Reference Information Site Description Site Size: 2.7 Acres Existing Land Use: Commercial Surrounding Land Uses North: Residential/Vacant Land South: 494 East: 494/Vacant Land West: Residential Planning Existing Land Use: Auto Body Shop Existing Zoning: Business Commercial Attachments: 1. Conditional Use Permit Resolution 2. Overview Map 3. Land Use Map 4. Zoning Map 5. Applicant’s Narrative 6. February 15, 2022 Draft Planning Commission Meeting Minutes 7. Applicant’s Plan, Dated Stamped January 24, 2022 City Packet Page Number 103 of 141 J1, Attachment 1 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Shawn Racine, on behalf of Superior Landscape and Irrigation, has requested approval of a conditional use permit to allow for the operation of a landscaping company on the property. 1.02 The property is located at 2714 and 2730 Highwood Avenue and is legally described as: Parcel 1: Lots 2, 3 and 4, Carver Lots, Ramsey County, Minnesota. And That part of Lots 1, 5 and 6, Carver Lots, and that part of the North 165 feet of the East 264 feet of the West 289 feet of the East Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 28, Range 22, Ramsey County, Minnesota which lies Northwesterly of the Northwesterly right-of-way line of Interstate Highway No. 494 and which lies Easterly and Northeasterly of the following described line: Beginning at the northeast corner of said Lot 1; thence on an assumed bearing of South 00 degrees 18 minutes 41 seconds East along the east line of said Lot 1 a distance of 286.96 feet to the Northwest corner of said Lot 5; thence North 88 degrees 56 minutes 26 seconds East along the north line of said Lot 5 a distance of 152.01 feet to said northwesterly right-of-way line of Interstate Highway No. 494; thence South 38 degrees 10 minutes 19 seconds West along said right-of-way line a distance of 135.78 feet; thence North 65 degrees 20 minutes 05 seconds West a distance of 269.08 feet; thence North 00 degrees 24 minutes 21 seconds West a distance of 275.18 feet to an intersection with the westerly extension of the north line of said Lot 1; thence North 88 degrees 53 minutes 25 seconds East along said north line and its westerly extension a distance of 176.88 feet to the point of beginning. Excepting therefrom the following: The East 114.28 feet of the West 264 feet of the North 165 feet of the East Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 28, Range 22, and that part of the North 135 feet of Lot 1, Carver Lots, lying easterly of the West 264 feet of the East Half of said Northeast Quarter of the Southeast Quarter, all in Ramsey County, Minnesota. Parcel 2: The East 114.28 feet of the West 264 feet of the North 165 feet of the East Half of the Northeast Quarter of the Southeast Quarter, Section 13, Township 28, Range 22, and that part of the North 135 feet of Lot 1, Carver Lots, lying Easterly of the West 264 feet of the East Half of said Northeast Quarter of the Southeast Quarter, all in Ramsey County, Minnesota. PIN: 132822410053 and 132822410001 1.03 City Ordinance Section 44-512 (4) requires a Conditional Use Permit for the interior storage or warehouses, the exterior storage, display, sale or distribution of goods or materials. Council Packet Page Number 104 of 141 J1, Attachment 1 Section 2. Standards. 2.01 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific Conditional Use Permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On February 15, 2022, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve this resolution. City Packet Page Number 105 of 141 J1, Attachment 1 2. On March 14, 2022, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5. City Council 5.01 The City Council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. All construction shall follow the approved plans, date-stamped January 24, 2022. The director of community development may approve minor changes. 2. A building permit will be required for the change of use from residential to commercial (2714 Highwood) and the building will need to be brought up to meet the current requirements for this new use. All requirements of the Building Code must be achieved. 3. The proposed outdoor storage of materials shall be properly contained and protected per Minnesota Pollution Control Agency requirements to prevent the materials from washing away during storm events. Additional details shall be provided to the Public Works Department on the proposed 500 gallon fuel storage tanks. These tanks shall meet all state and local requirements. 4. The applicant will ensure the building complies with the Fire Code per the 2020 MNSFC as required. The same will be required for the fueling request. The applicant shall provide drawings to the Fire Department illustrating locations for the fuel tanks as well as cut sheet regarding the tanks and spill containment. 5. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 6. All signage must meet the City’s sign ordinance and be approved with a separate sign permit. 7. The applicant shall comply with all city ordinance requirements for screening of mechanical equipment, trash enclosures, and parking areas. 8. The city council shall review this permit in one year. 9. Landscaping materials shall not be stored between the buildings located at 2714 and 2730 Highwood Avenue and the adjacent streets (Century Avenue and Highwood Avenue). __________ by the City Council of the City of Maplewood, Minnesota, on March 14, 2022. Council Packet Page Number 106 of 141 Attachment 2 Overview Map - 2714 & 2730 Highwood Avenue January 25, 2022 City of Maplewood Legend ! I 0190 Feet Source: City of Maplewood, Ramsey County City Packet Page Number 107 of 141 Attachment 3 Future Land Use Map - 2714 & 2730 Highwood Avenue February 8, 2022 City of Maplewood Legend ! I Future Land Use - 2040 Low Density Residential Medium Density Residential Commercial Utility 0190 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 108 of 141 Attachment 4 Zoning Map - 2714 & 2730 Highwood Avenue February 8, 2022 City of Maplewood Legend ! I Zoning Single Dwelling (r1) Planned Unit Development (pud) Farm (f) Business Commercial (bc) 0190 Feet Source: City of Maplewood, Ramsey County City Packet Page Number 109 of 141 Attachment 5 January 14, 2022 Superior Landscape & Irrigation 490 Villaume Ave #200 South St Paul, MN 55075 Attn: Maplewood Planning and Zoning Committee Regarding: Conditional Use Permit for 2730/2714 Highwood Ave E, Maplewood, MN (13-28-22-41-0001, 13-28-22-41-0053) Background: Shawn Racine is the sole owner of Superior Landscape & Irrigation, an award-winning landscape company that has been servicing the local area for over 17 years. The company employs 30 +/- employees and specializes in landscape design/install, pool design/install, irrigation design/install/service and outdoor lighting design/install/service. The company is an A+ rated BBB member and has been consistently rated as one of ‘Three Best Rated’ in St Paul. Request: We would like to request a Conditional Use Permit for the operation of a landscape business, the storage of outdoor materials, and onsite fuel storage. Materials would range from small, organized piles (under 10’ tall) of dirt, mulch, rock, temporary brush and palletized product. We would also like to have onsite 3 approved 500-gallon fuel tanks (one of each: unleaded, highway diesel and off-road diesel). Key Notes: Our office is currently in South St Paul along the I-494 corridor. This new location on Highwood Avenue will allow us to be closer to our core clients in the Maplewood/Woodbury area. It is our goal as a building owner to preserve and improve the look and attraction of our buildings and grounds. Being in the landscape industry, we are very fluent in curb appeal and understand its importance for both ourselves and our neighbors. Being that this will be our home for many years to come, our goal will be to improve the landscape throughout the property with future plans of walking trails, outdoor sitting areas for employees to enjoy breaks, and additional tree coverage along with other “green” items. If you have any questions, please feel free to call or email. Thank you for your consideration, Shawn Racine Council Packet Page Number 110 of 141 Attachment 6 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, FEBRUARY 15, 2022 7:00 P.M. (THIS MEETING WAS HELD REMOTELY VIA CONFERENCE CALL) E.PUBLIC HEARING 1.Conditional Use Permit Resolution, Superior Landscape and Irrigation, 2714 and 2730 Highwood Avenue Elizabeth Hammond, Planner, gave the report on the Conditional Use Permit Resolution for Superior Landscape and Irrigation, 2714 and 2730 Highwood Avenueand answered questions of the commission. Chairperson Arbuckleopened the public hearing. There were no callers for this item. Chairperson Arbuckleclosed the public hearing. Commissioner Yangmovedto approve a conditional use permit resolution for a proposed landscaping company to operate at 2714 and 2730Highwood Avenue. Seconded by Commissioner SukolskyAyes – All The motion passed. This item will go to the city council on March 14, 2022. February 15, 2022 1 PlanningCommission MeetingMinutes City Packet Page Number 111 of 141 J1, Attachment 7 Council Packet Page Number 112 of 141 J2 CITY COUNCILSTAFF REPORT Meeting Date March 14, 2022 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: McMenemy Street Improvements, City Project 21-02 a. Resolution Approving Plans And Specifications And Advertising For Bids. b. Resolution Ordering Preparation Of Assessment Roll Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Engineering Department prepares plans and specifications prior to advertising the project for bids. The plans and specifications are essential to ensuring the project is constructed to current standards, receives reasonable bids and is completed in a timely manner. The City Council will consider approving the plans and specifications and advertising for bids for the McMenemy Street Improvements, City Project 21-02. Final plans and specifications are complete and ready to be advertised for bids. The bid opening is tentatively proposed for 10:00 a.m., Monday, April 28, 2022. The City Council will also consider ordering the preparation of the assessment roll for the McMenemy Street Improvements, City Project 21-02. The assessment hearing is proposed to be held in September of 2022. Recommended Action: a. Motion to approve the attached resolution approving plans and specifications and advertising bids for McMenemy Street Improvements, City Project 21-02. b. Motion to approve the attached resolution ordering preparation of assessment roll for McMenemy Street Improvements, City Project 21-02. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $5,448,000 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The proposed funding plan includes a combination of Special Benefit Assessments, the Environmental Utility Fund, the Sanitary Sewer Fund, St. Paul Regional Water Services, G.O. Improvement Bonds, the W.A.C. Fund, and a Local Road Improvement Program (LRIP) grant. City Packet Page Number 113 of 141 J2 Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment McMenemy Street is an important part of the City’s infrastructure serving as a connection to local neighborhoods, multi-family properties, and numerous commercial businesses. This street has deteriorated beyond the point of regular annual maintenance and is in need of replacement. A multi- use trail is proposed along the east side of McMenemy Street to connect the area to the larger trail networks to the north and south. The project will be designed to incorporate best management practices to improve water-quality in area waterbodies. Background: The feasibility report was accepted and the City Council ordered the preparation of plan and specifications at the February 14, 2022 City Council meeting. The City Council ordered the project after holding a Public Hearing at the February 28, 2022 City Council Meeting. McMenemy Street, within the project limits, has a total length of approximately 1.0 miles and has an average Pavement Condition Index (PCI) rating of 43/100. The project area is generally bounded by County Road B to the north, I35E to the west, Larpenteur Avenue to the south, and Arkwright Street to the east (as depicted on the attached Project Location Map). This project is a part of the current 2022 – 2026 Capital Improvement Plan (CIP). Should the project be approved, construction would begin in June of 2022. The aging and deteriorating condition of the road presents an ongoing maintenance problem for the City of Maplewood Street Department. The condition of the existing street also represents a decreased level of service for the residents of Maplewood, with the City receiving complaints from area residents about substandard street conditions. This project would consist of the full reconstruction of McMenemy Street including the installation of the concrete curb and gutter, the installation of a new pavement section, corrections to the subgrade soils, and the installation of an 8-foot wide multi-use bituminous trail along the east side of McMenemy Street. The City of Maplewood Sanitary Sewer Department performed televising and manhole inspections of the City’s sewer system lying under McMenemy Street. Based on the results of the reports, staff are not recommending major upgrades or repairs to the sanitary sewer main, structures or services as a part of this project. Minor adjustments to the manhole castings will be made during the project to bring them to the final street elevation and seal them from stormwater intrusion. Saint Paul Regional Water Services (SPRWS) has identified approximately 3,500 lineal feet of water main which needs to be removed and replaced as a part of the project. The water main work would be done under the proposed project contract and the costs associated with this work would be reimbursed to the City by SPRWS. Significant upgrades to the storm sewer system are proposed to improve roadway drainage. Likewise, water quality improvements are necessary to meet City and Watershed District requirements. Estimated Project Cost The total estimated project cost is $5,448,000 and is outlined below: Council Packet Page Number 114 of 141 J2 Estimated Project Cost Summary Proposed ImprovementsTotal Amount% of Total Street Improvements$3,036,900 56% Drainage Improvements $1,059,100 19% Sanitary Sewer Improvements $54,200 1% Water System Improvements $1,297,800 24% Total Estimated Project Cost: $5,448,000 100% The estimated costs include 10% contingencies and 25% overhead, which includes engineering, geotechnical, legal, and fiscal expenses. The feasibility estimate is approximately $1,038,000 above the CIP estimated project cost. This increase reflects additional water system improvements, drainage improvements, and roadway costs identified during the preparation of the feasibility report. Funding for these increased costs would be covered by SPRWS (1,104,800) and the LRIP grant of $1,250,000. Bonding levels are estimated to be significantly below the CIP estimates for this project. The attached feasibility report provides a more detailed construction and project cost estimate. Preliminary Project Funding Plan The improvements are proposed to be financed through a combination of Environmental Utility Fund, G.O. Improvement Bonds, Sanitary Sewer Fund, Special Benefit Assessments, Saint Paul Regional Water, the W.A.C. Fund, and a LRIP grant. An update to the financing plan will be provided after the special benefits appraisal is received. Estimated Project Cost Recovery Funding Source Total Amount % of Total Environmental Utility Fund $1,059,100 19% G.O. Bonds Improvement $1,156,600 21% Sanitary Sewer Fund $54,200 1% Special Benefit Assessment $630,300 12% St. Paul Regional Water $1,104,800 20% W.A.C. Fund $193,000 4% Local Road Improvement Grant$1,250,00023% Total Estimated Project Funding: $5,448,000 100% The estimated project costs and the preliminary project funding plan have been reviewed by the Finance Director. City Packet Page Number 115 of 141 J2 Project Schedule The following is a tentative schedule for City Project 21-02 should it be determined to proceed with the project: Project MilestoneDate Order Preparation of Feasibility Study 8/9/2021 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/14/2022 Plans & Specifications Public Hearing & Order Improvement2/28/2022 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/14/2022 Authorize Preparation of Assessment Roll Bid Opening4/28/2022 Award Contract5/9/2022 Begin Construction May/June 2022 Accept Assessment Roll & Order Assessment Hearings August 2022 Assessment Hearing September 2022 Adopt Assessment Roll September 2022 Complete Construction October 2022 Assessments Certified to Ramsey County November 2022 Attachments: 1.Resolution Approving Plans and Specifications and Advertising for Bids 2.Resolution Authorizing Preparation of Assessment Roll 3.Project Location Map Council Packet Page Number 116 of 141 J2, Attachment 1 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS th WHEREAS, pursuant to a resolution of the City Council adopted February 14, 2022, fixed a date for a Council hearing on the proposed street improvements for the McMenemy Street Improvements, City Project 21-02. th WHEREAS, pursuant to resolution passed by the City Council on February 28, 2022, plans and specifications for the McMenemy Street Improvements, City Project 21-02, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the City Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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 th council at 10:00 a.m. on the 28 day of April, 2022, 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 th regular City Council meeting of May 9, 2022. th Approved this 14 day of March 2022. City Packet Page Number 117 of 141 J2, Attachment 2 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer will receive bids for the McMenemy Street Improvements, City Project 21-02. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the City Clerk shall, upon completion of such proposed assessment notify the City Council thereof. th Approved this 14day of March 2022. Council Packet Page Number 118 of 141 J2, Attachment 3 City Packet Page Number 119 of 141 J3 CITY COUNCILSTAFF REPORT Meeting Date March 14, 2022 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Cope Avenue Improvements, City Project 21-06 a.Resolution Approving Plans And Specifications And Advertising For Bids. b.Resolution Ordering Preparation Of Assessment Roll Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Engineering Department prepares plans and specifications prior to advertising the project for bids. The plans and specifications are essential to ensuring the project is constructed to current standards, receives reasonable bids and is completed in a timely manner. The City Council will consider approving the plans and specifications and advertising for bids for the Cope Avenue Improvements, City Project 21-06. Final plans and specifications are complete and ready to be advertised for bids. The bid opening is tentatively proposed for 10:00 a.m., Tuesday, April 12, 2022. The City Council will also consider ordering the preparation of the assessment roll for the Cope Avenue Improvements, City Project 21-06. The assessment hearing is proposed to be held in September of 2022. Recommended Action: a.Motion to approve the attached resolution approving plans and specifications and advertising bids for Cope Avenue Improvements, City Project 21-06. b.Motion to approve the attached resolution ordering preparation of assessment roll for Cope Avenue Improvements, City Project 21-06. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $3,927,500.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The proposed funding plan includes a combination of the Environmental Utility Fund, G.O. Improvements Bonds, Sanitary Sewer Fund, Special Benefit Assessment, St. Paul Regional Water Services, and the W.A.C. Fund. Council Packet Page Number 120 of 141 J3 Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Cope Avenue is an important part of the City’s infrastructure serving as a connection to local neighborhoods, multi-family properties, and numerous commercial businesses. Cope Avenue has deteriorated beyond the point of regular annual maintenance and is in need of replacement. The proposed project will provide a multi-modal corridor between English Street and White Bear Avenue along Cope Avenue. Likewise, the proposed design will reduce impervious areas by approximately ½ acre, reducing stormwater runoff volumes and improving water quality. Background: The feasibility report was accepted and the City Council ordered the preparation of plan and specifications at the January 24, 2022 City Council meeting. The City Council ordered the project after holding a Public Hearing at the February 14, 2022 City Council Meeting. Cope Avenue, within the project limits, has a total length of approximately 1.09 miles and has an average Pavement Condition Index (PCI) rating of 41/100. The neighborhood area is generally bounded by Highway 36 to the north, English Street to the west, County Road B to the south, and White Bear Avenue to the east (as depicted on the attached project location map). This project is a part of the current 2022 – 2026 Capital Improvement Plan (CIP). Should the project be approved, construction would begin in June of 2022. The aging and deteriorating condition of the road presents an ongoing maintenance problem for the City of Maplewood Street Department. The condition of the existing street also represents a decreased level of service for the residents of Maplewood, with the city receiving complaints from area residents about substandard street conditions. This project would include the full depth reclamation of Cope Avenue, the replacement of the concrete curb and gutter, and the installation of a new pavement section. The City of Maplewood Sanitary Sewer Department performed televising and manhole inspection in 2021 of the City’s sewer system lying under Cope Avenue. Based on the results of the reports, staff are not recommending upgrades or repairs to the sanitary sewer main, structures or services as a part of this project. Saint Paul Regional Water Services (SPRWS) has identified approximately 5,200 lineal feet of water main which needs to be removed and replaced as a part of the project. The water main work would be done under the proposed project contract and the cost associated with this work would be reimbursed to the City by SPRWS. There are a few storm sewer structures on the project which have a history of structural failures. As a part of this project, the outdated and failing structures are proposed to be removed and replaced with modern precast concrete structures. Additionally, there are several storm sewer structures which are proposed to be replaced to align with the proposed curb-line locations. As a part of the feasibility process, staff looked into options for reconfiguring the roadway to better fit traffic demands, improve pedestrian and bicyclist access and safety, reduce unnecessary impervious surfaces, and slow and improve traffic safety along the corridor. City staff consulted with traffic engineers at SRF Consulting Group to analyze the corridor and seek ways to achieve City Packet Page Number 121 of 141 J3 these goals. Staff also referenced our guiding documents of the Living Streets Policy, the Comprehensive Plan, and the Parks and Trails Master Plans to guide the process. This analysis showed there is an opportunity to reduce street widths, reducing impervious surfaces, lessening runoff, provide space for pedestrians and bicyclists, and making the corridor feel more constricted to aid in speed reductions. This revised street layout would also result in an estimated $100,000 reduced project cost and an overall reduction in costs throughout the life-cycle of the roadway, due to less pavement to maintain. The final design incorporates the results of this analysis, including a sidewalk along the entire length of the north side of Cope Avenue, street width reductions, and lane reconfigurations. Estimated Project Cost The total estimated project cost is $3,927,500 and is outlined below: Estimated Project Cost Summary Proposed Improvements Total Amount % of Total Street Improvements $2,129,000 54% Drainage Improvements $429,100 11% Sanitary Sewer Improvements $209,900 5% Water System Improvements $1,159,500 30% Total Estimated Project Cost: $3,927,500 100% The estimated costs include 10% contingencies and 12% overhead, which include geotechnical, legal, and fiscal expenses. The feasibility estimate is approximately $177,000 above the CIP estimated project cost. This increase reflects additional water system improvements identified during the preparation of the feasibility report. Funding for these increased costs would be covered by SPRWS. Preliminary Project Funding Plan The improvements are proposed to be financed through a combination of Environmental Utility Fund, G.O. Improvement Bonds, Sanitary Sewer Fund, Special Benefit Assessments, Saint Paul Regional Water, and the W.A.C. Fund. An update to the funding plan will be provided after the special benefits appraisal is received. Estimated Project Cost Recovery Funding Source Total Amount% of Total Environmental Utility Fund $429,100 11% G.O. Bonds Improvement $1,688,000 43% Sanitary Sewer Fund $209,900 5% Special Benefit Assessment $441,000 11% St. Paul Regional Water $1,004,500 26% W.A.C. Fund $155,000 4% Total Estimated Project Funding: $3,927,500100% The estimated project costs and preliminary project funding plan have been reviewed by the Finance Director. Council Packet Page Number 122 of 141 J3 Project Schedule The following is a tentative schedule for City Project 21-06 should it be determined to proceed with the project: Project MilestoneDate Order Preparation of Feasibility Study 8/9/2021 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 1/24/2022 Plans & Specifications Public Hearing & Order Improvement2/14/2022 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/14/2022 Authorize Preparation of Assessment Roll Bid Opening4/12/2022 Award Contract4/25/2022 Begin ConstructionJune 2022 Accept Assessment Roll & Order Assessment Hearings 8/15/2022 Assessment Hearing 9/12/2022 Adopt Assessment Roll 9/12/2022 Complete Construction October 2022 Assessments Certified to Ramsey County November 2022 Attachments: 1.Resolution Approving Plans and Specifications and Advertising for Bids 2.Resolution Authorizing Preparation of Assessment Roll 3.Project Location Map City Packet Page Number 123 of 141 J3, Attachment 1 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS th WHEREAS, pursuant to a resolution of the City Council adopted January 24, 2022, fixed a date for a Council hearing on the proposed street improvements for the Cope Avenue Improvements, City Project 21-06. th WHEREAS, pursuant to resolution passed by the City Council on February 14, 2022, plans and specifications for the Cope Avenue Improvements, City Project 21-06, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the City Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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 th council at 10:00 a.m. on the 12 day of April, 2022, 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 th regular City Council meeting of April 25, 2022. th Approved this 14 day of March 2022. Council Packet Page Number 124 of 141 J3, Attachment 2 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer will receive bids for the Cope Avenue Improvements, City Project 21-06. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the City Clerk shall, upon completion of such proposed assessment notify the City Council thereof. th Approved this 14day of March 2022. City Packet Page Number 125 of 141 J3, Attachment 3 Council Packet Page Number 126 of 141 J4 CITY COUNCILSTAFF REPORT Meeting Date March 14, 2022 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Gervais Area Pavement Rehabilitation, City Project 21-07 a.Resolution Approving Plans And Specifications And Advertising For Bids b.Resolution Ordering Preparation Of Assessment Roll Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Engineering Department prepares plans and specifications prior to advertising the project for bids. The plans and specifications are essential to ensuring the project is constructed to current standards, receives reasonable bids and is completed in a timely manner. The City Council will consider approving the plans and specifications and advertising for bids for the Gervais Area Pavement Rehabilitation, City Project 21-07. Final plans and specifications are complete and ready to be advertised for bids. The bid opening is tentatively proposed for 10:00 a.m., Wednesday, April 13, 2022. The City Council will also consider ordering the preparation of the assessment roll for the Gervais Area Pavement Rehabilitation, City Project 21-07. The assessment hearing is proposed to be held in September of 2022. Recommended Action: a.Motion to approve the attached resolution approving plans and specifications and advertising bids for Gervais Area Pavement Rehabilitation, City Project 21-07. b.Motion to approve the attached resolution ordering preparation of assessment roll for Gervais Area Pavement Rehabilitation, City Project 21-07. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $4,113,300.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The proposed funding plan includes a combination of the Street Revitalization Fund (SRF), Special Benefit Assessments, the Environmental Utility Fund, the Sanitary Sewer Fund, St. Paul Regional Water Services, the City of North St. Paul, G.O. Improvement Bonds, and the W.A.C. Fund.. City Packet Page Number 127 of 141 J4 Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The Gervais Area Neighborhood is an important part of the City’s infrastructure serving as a connection to local neighborhoods, multi-family properties, and numerous commercial businesses. The streets in this area have deteriorated beyond the point of regular annual maintenance and are th in need of replacement. The addition of a sidewalk along the north side of 11 Avenue from White Bear Avenue to Ariel Street will aid in connectivity from residential areas to the east to the White Bear Avenue corridor, as well as the numerous bus stops in the area. This project includes pavement reclamation, a process in which onsite materials are recycled and utilized in the final product, reducing the need to import new materials. Likewise, the new asphalt pavement contains recycled asphalt materials to reduce the need for raw materials. Background: The feasibility report was accepted and the City Council ordered the preparation of plan and specifications at the January 24, 2022 City Council meeting. The City Council ordered the project after holding a Public Hearing at the February 14, 2022 City Council Meeting. The Gervais neighborhood streets total approximately 2.48 miles in length and have an average Pavement Condition Index (PCI) rating of 33/100. The neighborhood area is generally bounded by County Road C to the north, Barclay Street to the west, Highway 36 to the south, and Ariel Street to the east (as depicted on the attached project location map). This project is part of the current 2022 –2026 Capital Improvement Plan (CIP). Should the project be approved, construction would begin in June of 2022. The aging and deteriorating condition of roads shown on the location map presents an ongoing maintenance problem for the City of Maplewood Street Department. The condition of the existing streets also represents a decreased level of service for the residents of Maplewood, with the City receiving numerous complaints from area residents about substandard street conditions. The City of Maplewood Sanitary Sewer Department performed televising and manhole inspection in 2021 of the City’s sewer system lying under the project area streets. Based on the results of the reports, staff are not recommending upgrades or repairs to the sanitary sewer main or structures as a part of this project. However, there are some outdated sanitary sewer castings which are recommended to be replaced as a part of the project. Replacement of these castings with the new standard will reduce storm water inflow & infiltration into the sanitary sewer system. Reducing storm water inflow and infiltration into the sanitary sewer system reduces the amount of water conveyed to the Metropolitan Council Wastewater treatment plant, a top priority of the City and Metropolitan Council. Saint Paul Regional Water Services (SPRWS) and North St. Paul (NSTP) have identified approximately 3,250 lineal feet of water main which needs to be removed and replaced as a part of the project. The water main work would be done under the proposed project contract and the cost associated with this work would be reimbursed to the City by SPRWS and NSTP. The goal of this project is to rehabilitate the pavement surface and therefore does not include any major utility upgrades or repairs outside of the water main replacements. Outdated and broken Council Packet Page Number 128 of 141 J4 storm sewer castings are proposed to be replaced along with the adjustment of all manholes to the final pavement surface elevation. There a few storm sewer structures on the project which have a history of structural failures. The outdated and failing structures are proposed to be removed and replaced with modern precast concrete structures. Best Management Practices (BMP’s) such as sump manholes will be installed where possible to improve water quality flowing to adjacent wetlands and lakes. These BMP’s will be designed to meet Watershed requirements, as well as City of Maplewood standards. Ariel Street is a border street with the City of NSTP with both cities being responsible for half of the road. Staff has coordinated with NSTP staff on the timing of the improvements and the type improvements needed. Should the project proceed, an agreement between the Cities would be drafted and submitted to the City Council for approval before awarding a construction contract. In previous projects with NSTP, the Cities have agreed to split street replacement costs with 50% being covered by each City. This method of funding the cost of improvement for Ariel Street is anticipated to be utilized for this project. It should also be noted, the City of NSTP is proposing to install a sidewalk along Ariel Street from th County Road C to 11 Avenue as a part of the improvement project. Likewise, they are proposing to thth install a sidewalk along the east side of Ariel Street from 9 Avenue to 11Avenue. These sidewalks, should they be approved, would be 100% funded by NSTP. Estimated Project Cost The total estimated project cost is $4,113,300 and is outlined below: Estimated Project Cost Summary Proposed ImprovementsTotal Amount % of Total Street Improvements$2,732,100 67% Drainage Improvements $171,200 4% Sanitary Sewer Improvements $89,300 2% Water System Improvements $1,120,700 27% Total Estimated Project Cost: $4,113,300 100% The estimated costs include 10% contingencies and 12% overhead, which include geotechnical, legal, and fiscal expenses. The feasibility estimate is approximately $33,000 above the CIP estimated project cost. This increase reflects the additional water system improvements identified during the preparation of the feasibility report. Funding for these increased costs would be covered by SPRWS and NSTP. Preliminary Project Funding Plan The improvements are proposed to be financed through a combination of Environmental Utility Fund, G.O. Improvement Bonds, Sanitary Sewer Fund, SRF Special Assessment, Saint Paul Regional Water, North St. Paul, Street Revitalization Fund and the Water Area Fund. An update to the financing plan will be provided after the special benefits appraisal is received. City Packet Page Number 129 of 141 J4 Estimated Project Cost Recovery Funding Source Total Amount % of Total Special Benefit Assessments $1,097,000 26% G.O. Improvement Bonds $194,928 5% Environmental Utility Fund $171,200 4% Sanitary Sewer Fund $89,300 2% Street Revitalization Fund $1,202,272 29% W.A.C. Fund $156,900 4% Saint Paul Regional Water Services $648,400 16% City of North Saint Paul $553,300 14% Total Estimated Project Funding: $4,113,300 100% The estimated project costs and preliminary project funding plan has been reviewed by the Finance Director. Project Schedule The following is a tentative schedule for City Project 21-07 should it be determined to proceed with the project: Project MilestoneDate Order Preparation of Feasibility Study 8/9/2021 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 1/24/2022 Plans & Specifications Public Hearing & Order Improvement2/14/2022 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/14/2022 Authorize Preparation of Assessment Roll Bid Opening4/13/2022 Award Contract 4/25/2022 Begin Construction June 2022 Accept Assessment Roll & Order Assessment Hearings 8/15/2022 Assessment Hearing 9/12/2022 Adopt Assessment Roll 9/12/2022 Complete Construction October 2022 Assessments Certified to Ramsey CountyNovember 2022 Attachments: 1.Resolution Approving Plans and Specifications and Advertising for Bids 2.Resolution Authorizing Preparation of Assessment Roll 3.Project Location Map Council Packet Page Number 130 of 141 J4, Attachment 1 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS th WHEREAS, pursuant to a resolution of the City Council adopted January 24, 2022, fixed a date for a Council hearing on the proposed street improvements for the Gervais Area Pavement Rehabilitation, City Project 21-07. th WHEREAS, pursuant to resolution passed by the City Council on February 14, 2022, plans and specifications for the Gervais Area Pavement Rehabilitation, City Project 21-07, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the City Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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 th council at 10:00 a.m. on the 13 day of April, 2022, 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 th regular City Council meeting of April 25, 2022. th Approved this 14 day of March 2022. City Packet Page Number 131 of 141 J4, Attachment 2 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer will receive bids for the Gervais Area Pavement Rehabilitation, City Project 21-07. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the City Clerk shall, upon completion of such proposed assessment notify the City Council thereof. th Approved this 14day of March 2022. Council Packet Page Number 132 of 141 J4, Attachment 3 City Packet Page Number 133 of 141 J5 CITY COUNCILSTAFF REPORT Meeting Date March 14, 2022 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk PRESENTER: Andrea Sindt AGENDA ITEM: Resolution Establishing Precinct Boundaries and Polling Locations Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Redistricting occurs every 10 years after the completion of the US Census. The resulting legislative maps have been drawn up from the 2020 census and now precinct boundaries must be established to align with legislative districts. In addition, polling locations must also be established. For Maplewood, the boundary line between Precinct 10 and Precinct 11 must change. Recommended Action: Motion to approve the resolution establishing precinct boundaries and polling locations. 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: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Background: Minn. Stat. section 204B.14, subd. 3 (d)requires that precinct boundaries must be reestablished within 60 days of when the redistricting plan is approved or at least 19 weeks before the state primary election, whichever comes first. This makes March 29, 2022 the current deadline. The newly drawn legislative map places Precincts 1 through 8 in District 44A, Precinct 9, 10, less a portion of 10 plus a portion of 11 in District 44B and Precincts 11 through 13 plus a portion of 10 and less a portion of 11 in District 47A. Council Packet Page Number 134 of 141 J5 Election staff tries to make limited yearly changes to polling locations to reduce confusion with voters. However, in some instances such as a location no longer being available or boundaries changing, adjustments are necessary to the polling locations. Due to the boundaries changing and the addition of over 450 voters to Precinct 10, the polling location is for Precinct 10 is moving from the East Metro Training Facility to the new Justice Alan Page Elementary School. Election staff from the city and Ramsey County feel the Training Facility handled the smaller precinct voter numbers but would be difficult with the added voters. Two other polling locations were already moved for the school district election of 2021. First, Precinct 1 will be at Edgerton Elementary with Precinct 2 due to the Hmong Alliance Church being unavailable. Second, Precinct 3 will be at the Gladstone Education Center rather than the Gladstone Fire Station. Voters will be receiving various communications from the Secretary of State, Ramsey County Elections and Maplewood Elections regarding changes to precincts and polling locations as well as websites having the updated maps and lists. Attachments: 1. Resolution 2. Map City Packet Page Number 135 of 141 J5, Attachment 1 Resolution Establishing Precincts and Polling Places WHEREAS, the legislature of the State of Minnesota has been redistricted; and WHEREAS, Minn. Stat. section 204B.14, subd. 3 (d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first; and WHEREAS, changes to the polling place locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Maplewood, County of Ramsey, State of Minnesota hereby establishes the boundaries of the voting precincts and polling places as follows: Precinct 1 Edgerton Elementary School, 1929 Edgerton Street N. That part of the city lying with Rice Street to the West; County Road B to the North; McMenemy Street to the East; Roselawn Avenue to the North; Maplewood Drive to the East; Larpenteur Ave to the South Precinct 2 Edgerton Elementary School, 1929 Edgerton Street N. That part of the city lying with McMenemy Street to the West; Highway 36 to the North; Maplewood Drive to the East; Roselawn Avenue to the South Precinct 3 Gladstone Education Center, 1945 Manton Street N. That part of the city lying with Maplewood Drive to the West; County Road B to the North; Hazelwood Street to the East; Gateway Trail to the South; Barclay Street to the East; Frost Avenue to the South; Birmingham Street to the East; Larpenteur Avenue to the South Precinct 4 Wakefield Park Community Building, 1860 Hazelwood Street N. That part of the city lying with Birmingham Street to the West, Frost Avenue to the North, Barclay street to the West, Gateway Trail to the North, Ariel Street to the East, Holloway Avenue to the North, McKnight Road to the East, Larpenteur Avenue to the South Precinct 5 Maplewood Community Center/YMCA, 2100 White Bear Avenue N. That part of the city lying with Maplewood Drive to the West; Highway 36 to the North; Council Packet Page Number 136 of 141 J5, Attachment 1 Ariel Street to the East; Gateway Trail to the South; Hazelwood Street to the West; County Road B to the South Precinct 6 Redeeming Love Church, 2425 White Bear Avenue N. That part of the city lying with Arcade Street to the West, County Road C to the North, Ariel Street to the East, Highway 36 to the South Precinct 7 First Evangelical Free Church, 2696 Hazelwood Street N. That part of the city lying with Little Canada/Maplewood Boundary Line to the West, County Road D to the North, Southlawn Drive to the East, Mesabi Avenue to the North, White Bear Avenue to the East, County Road C to the South Precinct 8 Ramsey County Library, 3025 Southlawn Drive N. That part of the city lying with White Bear Avenue to the West, Mesabi Avenue to the South, Southlawn Drive to the West, County Road D to the South, Bruce Vento Trail to the West, Highway 694 on the North, Century Avenue on the East, North St Paul/Maplewood Boundary Line and County Road C on the South Precinct 9 Justice Alan Page Elementary School, 2410 Holloway Avenue E. That part of the city lying with McKnight Road to the West, Holloway Avenue and North St Paul/Maplewood Boundary Line to the North, Century Avenue to the East, Union Pacific Railroad line to the South Precinct 10 Justice Alan Page Elementary School, 2410 Holloway Avenue E. That part of the city lying with Lakewood Drive to the West, Union Pacific Railroad line to the North, Century Avenue to the East, Stillwater Road to the South Precinct 11 Beaver Lake Education Center, 1060 Sterling Street N. That part of the city lying with McKnight Road to the West, Union Pacific Railroad line to the North, Lakewood Drive to the East, Stillwater Road to the North, Century Avenue to the East, I94 to the South Precinct 12 Carver Elementary School, 2680 Upper Afton Road E. That part of the city lying with McKnight Road to the West, I94 to the North, Century Avenue to the East, Lower Afton Road to the South, Londin Lane to the Southeast, Sterling Street to the East, Linwood Avenue to the South Precinct 13 Lutheran Church of Peace, 47 Century Avenue S. That part of the city lying with McKnight Road to the West, Linwood Avenue to the North, Sterling Street to the West, Londin Lane to the Northwest, Lower Afton Road to the North, Century Avenue to the East, Maplewood Boundary Line to the South City Packet Page Number 137 of 141 J5, Attachment 1 AND BE IT FURTHER RESOLVED that the city clerk be instructed to send notice of this act to the Ramsey County Elections Office and the Minnesota secretary of state, AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a replacement meeting the requirements of the Minnesota Election Law for any polling place location designated in this Resolution that becomes unavailable for use by the City; AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an emergency replacement polling place location meeting the requirements of the Minnesota Election Law for any polling place location designated in this Resolution when necessary to ensure a safe and secure location for voting; AND BE IT FURTHER RESOLVED, that the city clerk is directed to post notice of this act. th Adopted by the City Council this 14day of March, 2022. Council Packet Page Number 138 of 141 J5, Attachment 2 LLAGE VI R TGA LL AVE Y C ABR ENN GER E tΏ L LEWOODLYNN GA CY Y W AV KE P AVE PKW Y LYDIA TIC AVE E MAJESMAPLEWOOD D D A OW ROODLYNN AVE Y T N UAVE W O C MALL DR SAINT E V A E G ID R D N HNS BLVDA JOT S KIN G D R MAPLE LN BEAM AVEVE M AMAPLEVIEW BEA AVE DATZ AVE RA tΏ MESABI AVE MES ABI AVE OHLMAN AVE K COUNTY ROAD C E LM A PCON NOR R O N N ROALVE CIRADO C DR AVE E V A DR LLE UVI EA D S AI RV GE BROOKS AV EE AV SEXTANT AVE G ER VA IS GERVAIS tΏ W B CH T T GERVAIS AVEAVE OW WY 3 H6 I TW E B R D A GE IN RVA IKVIKING D V E R HIGHWA Y 36 E SHERREN AVE COPE AVECOPE AVE LARKLARK LARK AVEAVE AVE UNTY CO tΏ LAURIE RD B E ROAD SANDHURST RDAVE LELAND tΏЋ L BURKE E Z RKE BU A H AVE BUR KE AVET ES AVE E L D ELDRIDGER ID G E A V E E AVE E BELMONT LN R BE LMONT LNO ES E W ILLMAN SKO O D EA N AVE ILLMA E ESK ANAV SKILLM V E N S E V tΏЌ A D O AVE E O W E S O R RYAN AVE NS DOW tΏЊ S AVE EELAWNE ROSK Y D FROST AVE E AVE BELLWOOD SUMMER AVE E E ELLWOOD AVE B AVE N L R E R tΏ MIP ML UE SY Y RISBIE AVERRIPLE FIPRIPLEY LE Y A V E AVE AVAVE RIPLEY AVEEIPLEY AVE R B E N E T R D R U IA OPHS SKINGSTON T KINGSTON I C N L C AVEPRICE AVET AVE EPRICET AVE E H G I tΏВ KIN GSN TOR N APENTEU VEKLAR E AVE C M VE E A AVE E LARPENTEUR AHO ID E AVE MON TANA AVE AVE NA NTA MO ASKA NEBR E AV N DR RYA OAK HILL CT Y IV E AV LAND MARY AVE M U I N A R E G E E V A D R R E T A W L L I T S TER AVE HARVES BRAND AVE E BRAND AVE E 7TH ST E SH BU AVE tΏЊЊ ARGARET M AVE R E E 5TH AV U N E V A N AVENUE EC NWAY AVONW COAY AV E AVENUE M K EAV UENU ENE K V A 3M RD 3 M R D 3M RD AVEN UE 3 M E R D AVENUE E ENUE B NAV OE SHB DUI9 U D4 HS T OO N R D S B L C PE N T HU UR D SOY N PL A V E N BR O O KV I EW DR M A Y ER L N RD TON ER AF UPP tΏЊЋ DIN LN LON K I N G A V E ODAY CIR RD ILAND MA OOD LINW E AV AVE HL DA M A T T E R H O R N D R CT IMBER T R D R E VE A RL E BL M IA T H C S V A L LE Y VW IEEYVIE WVALL A V E VE A D HWOO HIG AVE Z T TZI NEMI M E N E AVE V A tΏЊЌ C A R V E R A V E City Packet Page Number 139 of 141 J6 Council Packet Page Number 140 of 141 J6 City Packet Page Number 141 of 141