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Home My WebLink About2023-02-13 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 13, 2023 City Hall, Council Chambers Meeting No. 03-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. January 23, 2023 City Council Workshop Meeting Minutes 2. January 23, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Resolution for Commissioner Appointments 4. Housing and Economic Development Commission Next Steps 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. Collective Bargaining Agreements a. AFSCME (2023 – 2025) b. MSA (2023 – 2025) c. IAFF Fire Fighters (2022 – 2024) d. LELS Local 173 Police Sergeants (2022) 4. Resolution Approving the City of Maplewood’s Amended Flexible Benefits Plan 5. Resolution for Reduction of Retainage on Existing Construction Contract, Cope Avenue Improvements, City Project 21-06 6. Sterling Street Bridge Replacement, City Project 16-25 a. Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 b. Resolution Directing Final Payment and Acceptance of Project 7. Resolution Entering into a Limited Use Permit for Operation and Maintenance of a Trail Along Trunk Highway No. 5 between the Minnesota Department of Transportation and City of Maplewood, City Project 20-28 8. Resolution Entering into a Cooperative Agreement for Operation and Maintenance of the Silver Lake Aerator, City Project 23-01 9. Purchase of a Single Axle Plow Truck 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. On-Sale Club and Sunday Sales License for Maplewood Moose Lodge #963 dba Maplewood Moose Lodge, 1832 Gervais Court 2. Resolution Accepting Feasibility Study, Authorizing Preparation of Plans & Specifications, and Calling for a Public Hearing for Myrtle-Sterling Area Street Improvements, City Project 22-16 3. Resolution Accepting Feasibility Study, Authorizing Preparation of Plans & Specifications, and Calling for a Public Hearing for Woodlynn-Southlawn Area Street Improvements, City Project 22-17 4. Resolution Ordering the Abatement of Conditions Creating a Hazardous Property and Public Nuisance at 1742 ½ English Street K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:00P.M. Monday,January23, 2023 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at6:01 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent C.APPROVAL OF AGENDA CouncilmemberCavemoved toapprove the agenda as submitted. Seconded by CouncilmemberJuenemannAyes– All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Commissioner Interviews City Manager Coleman gave the staff report. Mayor Abrams assigned the interview questions to council. The following candidates were interviewed: Nancy Edwards - Environmental & Natural Resources Commission Kayley Gamm - Environmental & Natural ResourcesCommission David Lates - Environmental & Natural Resources Commission Robert Waid - Environmental & Natural Resources Commission Patricia Timmons - Environmental & Natural Resources Commission No Action Required. F.ADJOURNMENT Mayor Abramsadjourned the meetingat6:53 p.m. January 23, 2023 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 431 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, January 23, 2023 City Hall, Council Chambers Meeting No. 02-23 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:00p.m. byMayor Abrams. Mayor Abrams announced the public engagement dates for the Purple Line. Meeting dates are February 1, 15, 22, 28, & March 8, 2023 from 6-8pm. Meetings willtake place in-person and will also be broadcast. City Manager Coleman provided additional information. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA Agenda item G3 was removed. oved to approve the agenda as amended. CouncilmemberLeem Seconded by CouncilmemberJuenemann Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.January 09, 2023 City CouncilMeeting Minutes Agenda item F2 was corrected to list the correct order of discussions: PSA – Trash, Recycling Carts, & Fire Hydrants, Snow Plowing, Public Safety, Reuter Walton Development. Moving the Public Safety item before the Reuter Walton Developmentitem. CouncilmemberCavemoved to approve the January 09, 2023 City CouncilMeetingMinutes asamended. Seconded by CouncilmemberJuenemannAyes – All The motion passed. January 23, 2023 City Council Meeting Minutes 1 Council Packet Page Number 2 of 431 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. 2.Council Presentations None G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G2 was highlighted. CouncilmemberJuenemannmoved to approve agenda items G1, G2, & G4. Seconded by CouncilmemberCave Ayes – All The motion passed. 1.Approval of Claims CouncilmemberJuenemannmoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 167,026.55 Checks # 110287 thru # 110306 dated 01/09/23 $ 40,952.30 Checks # 110307 thru # 110320 dated 01/10/23 $ 31,771.69 Checks # 110321 thru # 110330 dated 01/17/23 $ 706,242.61 Disbursements via debits to checking account dated 1/02/23 thru 01/15/23 $ 945,993.15 Total Accounts Payable PAYROLL $ 682,647.01 Payroll Checks and Direct Deposits dated 01/06/23 $ 682,647.01 Total Payroll $ 1,628,640.16 GRAND TOTAL January 23, 2023 City Council Meeting Minutes 2 Council Packet Page Number 3 of 431 E2 Seconded by CouncilmemberCaveAyes – All The motion passed. 2.Resolution Approving Plans and Specifications and Advertising for Bids for the Goodrich Park Improvements CouncilmemberJuenemannmoved to approve the resolution approving plans and specifications and advertising for bids for the Goodrich Park Improvements. Resolution 23-01-2167 APPROVING PLANS AND SPECIFICATIONSAND ADVERTISING FOR BIDS WHEREAS, pursuant to agreement passed by the City Council on May 9th, 2022, plans and specifications for the Goodrich Park Improvements have been prepared by (or under the direction of) the Parks and Natural Resources Manager, 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 Parks and Natural Resources Manager. 2.The City Clerk or office of the Parks and Natural Resources Manager shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at1:00pm on the 14th day of February, 2023, 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 amountof such bid. 3.The City Clerk and Parks and Natural Resources Manager are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The City Council will consider the bids, and the award of a contract, at the regular City Council meeting of February 27th, 2023. Seconded by CouncilmemberCave Ayes – All The motion passed. 3.Tyler Munis Software Implementation Payment Item was removed from the agenda. 4.Purchase of Fire Department Staff/Support Vehicle January 23, 2023 City Council Meeting Minutes 3 Council Packet Page Number 4 of 431 E2 CouncilmemberJuenemannmoved to approve the purchase of a new fire department staff/support vehicle. Seconded by CouncilmemberCaveAyes – All The motion passed. H.PUBLIC HEARINGS– If you are here for aPublic 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.Penalties for 2022 Alcohol Compliance Failures Deputy City Clerk Evansgave the staff report. Public Safety Director Bierdeman provided background on compliance checks. TouyerMoua, with Unison Restaurant and Banquet,addressed the council to give information on the compliance failure. Kevin Kurtz, Operations Manager with Tono Pizzeria + Cheesesteaks, addressed the council to give information on the compliance failure. A representative withBig Discount Liquoraddressed the council to give information on the compliance failure. LukeSchwartz, Area Leader with Speedway #4089, addressed the council to give information on the compliance failure. BradKoppen, with Party Time Liquor, addressed the council to give information on the compliance failure. City Attorney Batty gave additional information. ann moved to approve the compliance failure penalties as proposed CouncilmemberJuenem by staff. Seconded by Councilmember LeeAyes – All The motion passed 2.Intent to Close Meeting (Minn. Stat. Section 13D.03) Update Council on Status of Contract Negotiations Assistant City Manager/HR Director Darrow gave the staff report. Mayor Abrams moved to close the meeting and go into closed session to provide an update on the status of contract negotiations with all bargaining groups, pursuant to Minnesota StatutesSection 13D.03,Subd. (b), Seconded by Councilmember CaveAyes – All January 23, 2023 City Council Meeting Minutes 4 Council Packet Page Number 5 of 431 E2 The motion passed. Mayor Abrams closed the meeting at 7:48p.m. Present at the closed session: Mayor Abrams, Councilmember Cave, Councilmember Juenemann, Councilmember Lee, Councilmember Villavicencio, City Manager Coleman, Assistant City Manager/HR Director Darrow, and Finance Director Rueb, Public Safety Director Bierdeman, and Fire & EMS Chief Mondor. Mayor Abrams called the meeting back to order at 8:25p.m. E.AWARD OF BIDS None F.ADJOURNMENT Mayor Abramsadjourned the meeting at8:25 p.m. January 23, 2023 City Council Meeting Minutes 5 Council Packet Page Number 6 of 431 F1a Council Packet Page Number 7 of 431 F1a Council Packet Page Number 8 of 431 F3 Council Packet Page Number 9 of 431 F3 Council Packet Page Number 10 of 431 F3, Attachment 1 Council Packet Page Number 11 of 431 F3, Attachment 2 Council Packet Page Number 12 of 431 F4 “recommendations to the economic development authority regarding economic and industrial development and redevelopment within the city pursuant to bylaws as may be adopted by the commission.” Council Packet Page Number 13 of 431 F4 Council Packet Page Number 14 of 431 G1 CITY COUNCIL STAFF REPORT Meeting Date February 13, 2023 REPORT TO:Melinda Coleman, City Manager Joe Rueb, Finance Director REPORT FROM: Joe Rueb, 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: $ 2,143,831.80Checks # 110331 thru # 110353 dated 1/20/23 $ 128,297.27Checks # 110354 thru # 110380 dated 1/24/23 $ 931,037.90Checks # 110381 thru # 110402 dated 1/31/23 $ 155,471.57Checks # 110403 thru # 110429 dated 2/07/23 $ 4,045,050.20Disbursements via debits to checking account dated 01/16/23 thru 02/05/23 $ 7,403,688.74Total Accounts Payable PAYROLL $ 808,141.73Payroll Checks and Direct Deposits dated 1/20/23 $ 663,299.68Payroll Checks and Direct Deposits dated 2/03/23 $ 1,471,441.41Total Payroll $ 8,875,130.15GRAND 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 Council Packet Page Number 15 of 431 G1, Attachents Check Register City of Maplewood CheckDateVendorDescriptionAmount 11033101/20/202306078BOND TRUST SRVS CORP2021B DEBT SVC PMT REF 3400821,071,125.00 01/20/202306078BOND TRUST SRVS CORP2020B DEBT SVC PMT REF 336632420,050.00 01/20/202306078BOND TRUST SRVS CORP2019A DEBT SVS PMT REF 333364315,462.50 01/20/202306078BOND TRUST SRVS CORP2021A DEBT SVC PMT REF 339339216,431.25 01/20/202306078BOND TRUST SRVS CORP2022A DEBT SVC PMT REF 34037969,212.50 01/20/202306078BOND TRUST SRVS CORP2019A PAYING AGENT FEE REF 76812-PA475.00 01/20/202306078BOND TRUST SRVS CORP2020B PAYING AGENT FEE REF 76813-PA475.00 01/20/2023BOND TRUST SRVS CORP 060782021A PAYING AGENT FEE REF 76814-PA475.00 01/20/202306078BOND TRUST SRVS CORP2022A PAYING AGENT FEE REF 76815-PA475.00 01/20/2023FLEXIBLE PIPE TOOLS & EQUIP 11033200519CCTW TRUCK PIPETECH SUPPORT - 20231,175.00 11033301/20/202300043ADAM'S PEST CONTROL INCQUARTERLY SERVICE - PW218.24 01/20/2023ADAM'S PEST CONTROL INC 00043QUARTERLY SERVICE - CITY HALL118.83 01/20/202300043ADAM'S PEST CONTROL INCQUARTERLY SERVICE - P&R/GARAGE74.55 01/20/2023AL TECHNOLOGIES, LLC 11033406163ONLINE BENEFITS ADMIN FEE - JAN 2023369.25 11033501/20/202306417ATL LEADERS INTERNATIONALSTATE FIRE LEADERSHIP PROG - NOVAK3,000.00 01/20/2023ELECTRO WATCHMAN INC. 11033604371N FIRE STATION - CRASH BAR FIX240.00 11033701/20/202305493HANDTEVYCOURSE MANAGER PROVIDER REGISTRANT FEE315.00 01/20/2023HEIMAN FIRE EQUIPMENT 11033806311PERSONAL PROTECTIVE EQUIP - HELMET1,958.40 11033901/20/202300735INTOXIMETERS INCREPLACEMENT PBT605.00 01/20/2023METRO CITIES 11034000134MEMBERSHIP DUES 202311,399.00 11034101/20/202306425NW 7812 MINNESOTA CHAMBER OF COMMERCELEGISLATORS DINNER MEETER - MAYOR85.00 01/20/2023MN STATE FIRE CHIEFS ASSOC 11034201060MEMBERSHIP DUES - 202360.00 11034301/20/202301126NCPERS GROUP LIFE INS. MNMONTHLY PREMIUM - JANUARY464.00 01/20/2023NORTH HIGH SCHOOL ROBOTICS 11034406109CHARITABLE GAMBLING - 2023 AWARD1,500.00 11034501/20/202306426SERVICES, LLC ONE HOUR ROOTER PLUMBINGSEWER SERVICE REPAIR - 1423 CTY RD B E8,575.00 01/20/2023SERVICES, LLC ONE HOUR ROOTER PLUMBING 06426SEWER SERVICE REPAIR - 1423 CTY RD B E1,769.00 11034601/20/202305762POLYBEST, INC.COMPOSTABLE CANLINERS - ORGANICS BAGS258.39 01/20/2023QUADIENT FINANCE USA, INC. 11034706111POSTAGE - CITY HALL POSTAGE MACHINE2,039.00 11034801/20/202301338RAMSEY COUNTY-VITAL RECORDSNOTARY COMMISION - LU CORTESI20.00 01/20/2023REPUBLIC SERVICES #923 110349053382023 NEW RATE BILLING INSERT747.13 11035001/20/202301578T R F SUPPLY CO.PALLET OF ICE MELT - PW OPERATIONS871.50 01/20/2023WEAVER ELEMENTARY SCHOOL 11035102727CHARITABLE GAMBLING 2023 AWARDS4,050.00 11035201/20/202301771CITY OF WHITE BEAR LAKERAMSEY CO GIS USER GROUP FEE - 20234,238.26 01/20/2023CITY OF WOODBURY 11035301789GRAYKEY SERVICES - 20235,500.00 2,143,831.80 23Checks in this report. Council Packet Page Number 16 of 431 G1, Attachents Check Register City of Maplewood CheckDateVendorDescriptionAmount 11035401/24/202302728KIMLEY-HORN & ASSOCIATES INCPROJ 21-09 MAPLE HILLS FORCE MAIN1,987.50 11035501/24/202300875LOFFLER COMPANIES, INC.CANON COPIER USAGE FEES - DEC1,269.90 01/24/202300875LOFFLER COMPANIES, INC.DUPLICATE PMT PAID ON 8/2/22 & 8/23/22-117.97 01/24/202300875LOFFLER COMPANIES, INC.OVERPD CK#107937 DATED 9-4-21-261.99 01/24/2023LOFFLER COMPANIES, INC. 00875OVERPD CK#108566 DATED 2-7-22-341.09 01/24/2023PETERSON COUNSELING/CONSULTING 11035605670CONSULTING SERVICES - DECEMBER2,217.50 01/24/2023TENNIS SANITATION LLC 11035704845RECYCLING FEE - DECEMBER68,908.50 01/24/2023TRANS-MEDIC 11035804192EMS BILLING - DECEMBER8,589.59 01/24/2023TRANS-MEDIC 04192EMS BILLING - NOVEMBER8,415.36 01/24/2023A TO Z CONSTRUCTION 11035906429REFUND FOR CANCELED PERMIT117.00 01/24/2023ADVANCED GRAPHIX INC 11036000052REMOVAL CHARGE FOR LETTERING490.00 01/24/2023ANIMAL HUMANE SOCIETY 110361022594TH QTR 2022 IMPOUND BILLING3,112.00 01/24/2023BERWALD ROOFING CO INC 11036200181REFUND FOR CANCELED PERMIT117.00 01/24/2023BHE COMMUNITY SOLAR, LLC 11036305972COMMUNITYSOLAR GARDEN - NOV 20224,793.30 01/24/2023HEALTHCALL, LLC 11036406009COMMUNITY PARAMEDIC SOFTWARE - DEC920.00 01/24/2023HEALTHPARTNERS 11036500644EMS ULTRASOUND TRAINING - 10/19/22300.00 01/24/2023HOISINGTON KOEGLER GROUP INC 11036603330ZONING ORDINANCE UPDATE 2022162.50 01/24/2023HOTSY MINNESOTA 11036703759SERVICE FOR TANK & SOAP380.79 01/24/2023JEFFERSON FIRE & SAFETY INC 11036800755FIRE HELMETS & SUPPLIES5,928.11 01/24/2023KEYSTONE BUILDERS INC 11036906428REFUND FOR CANCELED PERMIT117.00 01/24/2023KLOOS ELECTRIC, INC. 11037006432REFUND FOR CANCELED PERMIT145.00 01/24/2023KRAUS-ANDERSON CONSTRUCTION CO 11037101897N FIRE STATION CONST PROJ - OCTOBER690.65 01/24/2023L M C I T 11037200827WC CLAIM #004747762,443.11 01/24/2023L M C I T 00827WC CLAIM #004833441,872.77 01/24/2023L M C I T 00827WC CLAIM #004835121,339.52 01/24/2023L M C I T 00827WC CLAIM#00481953734.04 01/24/2023L M C I T 00827WC CLAIM #00484625602.76 01/24/2023METROPOLITAN COUNCIL 11037300986MONTHLY SAC - DEC 20222,460.15 01/24/2023MN UNEMPLOYMENT INSURANCE 11037406318QTRLY UNEMPLOYMENT INS - Q4 20222,607.99 01/24/2023CITY OF NORTH ST PAUL 11037501175MONTHLY UTILITIES - DECEMBER4,342.43 01/24/2023CITY OF NORTH ST PAUL 01175MONTHLY UTILITIES - DECEMBER1,106.70 01/24/2023CITY OF NORTH ST PAUL 01175MONTHLY UTILITIES - DECEMBER497.06 01/24/2023SANSIO 11037603879REPORTING SOFTWARE FAX FEE - NOV1,076.00 01/24/2023STRYKER SALES, LLC 11037704207AMB PREVENTATIVE MAINT COSTS947.09 01/24/2023SUMMIT BUILDERS INC. 11037806430REFUND FOR CANCELED PERMIT117.00 01/24/2023TOP CHOICE PLUMBING LLC 11037906431REFUND FOR CANCELED PERMIT93.00 11038001/24/202306427W S & D PERMIT SERVICEREFUND FOR CANCELED PERMIT117.00 128,297.27 27Checks in this report. Council Packet Page Number 17 of 431 G1, Attachents Check Register City of Maplewood CheckDateVendorDescriptionAmount 11038101/31/202306084LINCOLN FINANCIAL GROUPMONTHLY PREMIUM - JANUARY8,585.03 11038201/31/202305013YALE MECHANICAL LLCQTRLY HVAC MAINT - CITY HALL2,142.00 01/31/202305013YALE MECHANICAL LLCQTRLY HVAC MAINT - SOUTH FS873.00 01/31/202305013YALE MECHANICAL LLCQTRLY HVAC MAINT - CENTRAL FS591.00 11038301/27/202306225BREMER BANK NATIONAL ASSOC.PRINC/INT PAYMENT FOR 2020A BONDS588,331.25 11038401/31/202304848AVESISMONTHLY PREMIUM - FEBRUARY521.97 11038501/31/202305786COLONIAL LIFE PROCESSING CTRMONTHLY PREMIUM BCN: E4677316-JAN285.02 11038601/31/202300917MACQUEEN EMERGENCYEQUIPMENT PARTS - INV #P0991847.53 11038701/31/202303818MEDICAMONTHLY PREMIUM - FEBRUARY236,714.62 11038801/31/202306424ATTN: GREG REVERDIAU PILOT INSTITUTUE LLCOFFICER TRAINING - DUGAS744.00 11038901/31/202301341RAMSEY CO FIRE CHIEFS ASSN2023 MEMBERSHIP DUES150.00 11039001/31/202301522STATE OF MINNESOTADOT INSPECTION STICKERS 202372.00 11039101/31/202306330SUBURBAN AUTO BODY INCREPAIR SQAUD #952 VIN#105702,580.29 11039201/31/202301578T R F SUPPLY CO.SHOP SUPPLIES/ICE MELT1,691.50 11039301/31/202301190XCEL ENERGYELECTRIC & GAS UTILITY5,593.79 01/31/202301190XCEL ENERGYELECTRIC & GAS UTILITY4,018.16 01/31/202301190XCEL ENERGYELECTRIC & GAS UTILITY541.53 01/31/202301190XCEL ENERGYFIRE SIRENS63.50 11039401/31/202302880ZAHL PETROLEUM MAINTENANCE CONEW SUMP PITS & CONCRETE AT PW59,354.62 11039501/31/202306433BENCK MECHANICAL INCSOUTH FS - OVEN MAINTENANCE694.97 11039601/31/202303555BUSCH SYSTEMS INTL INCRECYCLING, ORGANICS, TRASH BINS12,492.94 11039701/31/202300500FEDEXSHIPPING OF EQUIPMENT130.00 11039801/31/202300917MACQUEEN EMERGENCYEQUIPMENT PARTS2,437.00 01/31/202300917MACQUEEN EMERGENCYEQUIPMENT PARTS680.00 11039901/31/202303879SANSIOREPORTING SOFTWARE FAX FEE - DEC1,080.96 11040001/31/202306376STERICYCLE, INC.SHREDDING SERVICE - 1530 CO RD C171.22 11040101/31/202305176T-MOBILE USAAREA/TOWER DUMP C#22031514-CVH200.00 11040201/31/202301669TWIN CITIES TRANSPORT &PD TOW CHARGE250.00 931,037.90 22 Checks in this report. Council Packet Page Number 18 of 431 G1, Attachents Check Register City of Maplewood CheckDateVendorDescriptionAmount 11040302/03/202302464US BANKFUNDS FOR CITY HALL ATM10,000.00 11040402/07/202300211BRAUN INTERTEC CORP.PROJ 22-17 WOODLYN-S.LAWN STREET23,274.50 02/07/202300211BRAUN INTERTEC CORP.PROJ 22-16 MYRTLE-STERLING STREET17,916.39 11040502/07/202305761YMCAEMPLOYEE MEMBERSHIPS - DECEMBER1,089.00 02/07/202305761YMCAEMPLOYEE MEMBERSHIPS - NOVEMBER1,056.00 02/07/202305761YMCAEMPLOYEE MEMBERSHIPS - OCTOBER1,036.00 02/07/202305761YMCAEMPLOYEE MEMBERSHIPS - AUGUST1,003.00 02/07/202305761YMCAEMPLOYEE MEMBERSHIPS - SEPT970.00 11040602/07/202303874COMMERCIAL FURNITURE SERVICES9 WORK STATIONS FOR COMMDEV8,626.58 02/07/202303874COMMERCIAL FURNITURE SERVICES8 BREAKROOM TABLES - 1902 LOWER LEVEL6,580.24 11040702/07/202306436DONICHT, CORYLICENSE RENEWAL PARTIAL REFUND283.25 11040802/07/202305425LHB INC.GOODRICH PARK IMPROVEMENTS THRU 12/31/228,250.00 11040902/07/202306273SRF CONSULTING GROUP INC.PROJ 22-16 - TOPOGRAPHIC SURVEY8,874.47 11041002/07/202300198ST PAUL REGIONAL WATER SRVSWATER UTILITY - HYDRANT FINAL BILL95.21 11041102/07/202301836ST PAUL, CITY OFSTREET LIGHT REPAIR - NOV 2022550.00 11041202/07/202301026DEPT OF TRANSPORTATIONPROJ 21-02 - PLANT INSPECTIONS774.82 11041302/07/202305114BOLTON & MENK, INC.PROJ 22-16 - DESIGN SERVICES4,080.00 11041402/07/202300585GOPHER STATE ONE-CALL2023 ANNUAL FACILITY OPERATING FEE50.00 11041502/07/202301202NYSTROM PUBLISHING CO INCMAPLEWOOD LIVING - JANUARY8,891.43 11041602/07/202303334UNIQUE PAVING MATERIALS CORP7.99 TON WINTER PATCHING MATERIAL1,326.34 11041702/07/202301190XCEL ENERGYELECTRIC & GAS UTILITY12,494.42 02/07/202301190XCEL ENERGYELECTRIC & GAS UTILITY1,280.40 02/07/202301190XCEL ENERGYELECTRIC UTILITY1,123.33 02/07/202301190XCEL ENERGYGAS UTILITY602.87 02/07/202301190XCEL ENERGYGAS UTILITY365.94 02/07/202301190XCEL ENERGYELECTRIC UTILITY46.50 02/07/202301190XCEL ENERGYELECTRIC UTILITY20.80 11041802/07/202300252CAPITAL CITY FIREFIGHTER ASSOCMEMBERSHIP DUES 202350.00 11041902/07/202304155CIVICPLUSANNUAL FEE, WEBSITE REDESIGN19,732.24 11042002/07/202306320COMPANION ANIMAL CONTROLANIMAL CTRL SERVICES - JANUARY100.00 11042102/07/202305313GRAPHIC DESIGN, INC.EMPLOYEE BUSINESS CARDS204.98 02/07/202305313GRAPHIC DESIGN, INC.CITY COUNCIL - BUSINESS CARDS91.00 11042202/07/202306087LEADS ONLINE LLCONLINE INVESTIGATION SERVICE - 20233,453.00 11042302/07/202300857LEAGUE OF MINNESOTA CITIES52 ANNUAL 'PATROL' ONLINE TRAININGS4,680.00 11042402/07/202300910M S S AMEMBERSHIP RENEWALS150.00 11042502/07/202301176NORTH ST PAUL HIGH SCHOOLCHARITABLE GAMBLING AWARD - 20232,400.00 11042602/07/202304130SCHINDLER ELEVATOR CORPQTRLY MAINT - 1902 PW 2.1 TO 4.30.23974.12 11042702/07/202306435SHARROW LIFTING PRODUCTSPLOWTRUCK - TOW STRAPS & SHACKLE503.70 11042802/07/202300198ST PAUL REGIONAL WATER SRVSWATER UTILITY1,855.54 11042902/07/202306330SUBURBAN AUTO BODY INCREPAIR ADMIN VEHICLE #905 - VIN#6275615.50 155,471.57 27Checks in this report. Council Packet Page Number 19 of 431 G1, Attachents CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 1/17/2023Delta DentalDental Premium2,081.37 1/17/2023MN State TreasurerDrivers License/Deputy Registrar58,483.57 1/18/2023MN Dept of RevenueFuel Tax550.05 1/18/2023MN Dept of RevenueSales Tax787.00 1/18/2023MN State TreasurerDrivers License/Deputy Registrar31,301.65 1/19/2023MN State TreasurerDrivers License/Deputy Registrar56,759.85 1/20/2023ICMA (Vantagepointe)PR - Deferred Compensation8,630.81 1/20/2023ICMA (Vantagepointe)PR - Retiree Health Savings72,115.14 1/20/2023Labor UnionsPR - Union Dues1,911.98 1/20/2023MidAmericaPR - HRA Flex Plan - AUL16,972.93 1/20/2023MN State TreasurerDrivers License/Deputy Registrar30,596.26 1/20/2023Optum HealthDCRP & Flex plan payments844.65 1/20/2023P.E.R.A.PR - P.E.R.A.141,838.80 1/20/2023U.S. TreasurerPR - Federal Payroll Tax138,927.53 1/20/2023US Bank VISA One Card*Purchasing Card Items36,211.82 1/23/2023Delta DentalDental Premium2,084.94 1/23/2023Empower - State PlanPR - Deferred Compensation27,393.86 1/23/2023MN Dept of Natural ResourcesDNR electronic licenses1,498.50 1/23/2023MN State TreasurerDrivers License/Deputy Registrar115,532.57 1/23/2023MN State TreasurerPR - State Payroll Tax32,976.44 1/24/2023MN State TreasurerDrivers License/Deputy Registrar33,205.49 1/25/2023MN State TreasurerDrivers License/Deputy Registrar26,988.38 1/26/2023MN State TreasurerDrivers License/Deputy Registrar52,534.29 1/27/2023MN Dept of Natural ResourcesDNR electronic licenses1,064.50 1/27/2023MN State TreasurerDrivers License/Deputy Registrar42,571.99 1/27/2023Optum HealthDCRP & Flex plan payments6,877.57 1/30/2023Delta DentalDental Premium2,255.68 1/30/2023MN State TreasurerDrivers License/Deputy Registrar39,819.00 1/30/2023US BankDebt Service Payments2,545,795.00 1/31/2023MN State TreasurerDrivers License/Deputy Registrar32,926.70 2/1/2023MN State TreasurerDrivers License/Deputy Registrar17,242.75 2/2/2023MN State TreasurerDrivers License/Deputy Registrar53,678.66 2/3/2023Accela Credit Card BillingCredit Card Billing Fee30.00 2/3/2023ICMA (Vantagepointe)PR - Deferred Compensation8,679.00 2/3/2023ICMA (Vantagepointe)PR - Retiree Health Savings2,270.84 2/3/2023Labor UnionsPR - Union Dues5,111.02 2/3/2023MidAmericaPR - HRA Flex Plan - AUL15,747.94 2/3/2023MN Dept of Natural ResourcesDNR electronic licenses801.10 2/3/2023MN State TreasurerDrivers License/Deputy Registrar60,794.87 2/3/2023Optum HealthDCRP & Flex plan payments381.03 2/3/2023P.E.R.A.PR - P.E.R.A.147,115.51 2/3/2023U.S. TreasurerPR - Federal Payroll Tax116,336.87 2/3/2023US Bank VISA One Card*Purchasing Card Items55,322.29 4,045,050.20 *Detailed listing of VISA purchases is attached. Council Packet Page Number 20 of 431 G1, Attachents Purchasing Card Items Transaction DatePosting DateMerchant NameTransaction AmountName THE HOME DEPOT 2810DAVE ADAMS 2022/12/302023/01/02$94.97 MINNESOTA CHIEFS OF POLICBRIAN BIERDEMAN 2023/01/042023/01/05$478.00 MINNESOTA CHIEFS OF POLICBRIAN BIERDEMAN 2023/01/042023/01/05$525.00 FBI LEEDA INCBRIAN BIERDEMAN 2023/01/042023/01/05$50.00 IACPBRIAN BIERDEMAN 2023/01/042023/01/05$190.00 IACPBRIAN BIERDEMAN 2023/01/042023/01/06$500.00 IN & OUT MARKETNEIL BRENEMAN 2023/01/102023/01/11$5.38 SARPINO'S PIZZERIA - OAKDNEIL BRENEMAN 2023/01/102023/01/12$274.29 THE HOME DEPOT #2801NEIL BRENEMAN 2023/01/112023/01/13$48.74 SQ *HOTSY MINNESOTADANIEL BUSACK 2023/01/042023/01/05$390.36 FBI LEEDA INCDANIEL BUSACK 2023/01/062023/01/09$795.00 OASIS CAFEDANIEL BUSACK 2023/01/092023/01/11$45.70 BRIANSDANIEL BUSACK 2023/01/102023/01/12$39.75 GRAPHIC DESIGN INCDANIEL BUSACK 2023/01/112023/01/12$126.59 CK HOLIDAY # 03519DANIEL BUSACK 2023/01/112023/01/12$32.20 OASIS CAFEDANIEL BUSACK 2023/01/112023/01/13$37.43 RED WING SHOE #727SCOTT CHRISTENSON 2023/01/072023/01/09$198.03 THE HOME DEPOT #2801SCOTT CHRISTENSON 2023/01/102023/01/12$28.50 SOCIETYFORHUMANRESOURCEMIKE DARROW 2023/01/092023/01/10$1,995.00 SHRM HSG 888.241.8396MIKE DARROW 2023/01/092023/01/10$167.80 MINNESOTA STATE FIRE CHIEBRAD DAVISON 2023/01/052023/01/09$60.00 THE HOME DEPOT #2801BRAD DAVISON 2023/01/112023/01/13$39.97 USPCAJOSEPH DEMULLING 2022/12/302023/01/02$50.00 RAYALLEN.COM JJDOG.COMJOSEPH DEMULLING 2023/01/022023/01/03$166.98 BATTERIES PLUS - #0032JOSEPH DEMULLING 2023/01/072023/01/09$67.64 AMZN MKTP USTOM DOUGLASS 2023/01/032023/01/03($22.67) REGISTER@FAA 3477PRRMICHAEL DUGAS 2023/01/062023/01/09$10.00 ODP BUS SOL LLC # 101090CHRISTINE EVANS 2022/12/302023/01/02$493.46 ODP BUS SOL LLC # 101090CHRISTINE EVANS 2023/01/102023/01/12$115.98 IMAGING SPECTRUMCHRISTINE EVANS 2023/01/102023/01/12$480.39 CENTURYLINK LUMENMYCHAL FOWLDS 2023/01/112023/01/12$200.48 CENTURYLINK LUMENMYCHAL FOWLDS 2023/01/112023/01/12$70.84 CENTURYLINK LUMENMYCHAL FOWLDS 2023/01/112023/01/12$70.26 AMZN MKTP US*E45QA1233NICK FRANZEN 2023/01/042023/01/05$59.97 MSFT * E0500LR0IZNICK FRANZEN 2023/01/062023/01/09$8.00 KABOSERV.COMNICK FRANZEN 2023/01/092023/01/09$657.60 SP UBIQUITI INC.NICK FRANZEN 2023/01/092023/01/10$224.60 MICROSOFT#G018124944NICK FRANZEN 2023/01/102023/01/11$12.51 AMZN MKTP US*WZ7ZT4SJ3NICK FRANZEN 2023/01/102023/01/11$89.95 GESMN MAPLEWOOD 407TONY GABRIEL 2023/01/032023/01/04$18.00 CUB FOODS #1599TONY GABRIEL 2023/01/032023/01/04$19.17 CUB FOODS #1599TONY GABRIEL 2023/01/042023/01/05$21.68 GESMN MAPLEWOOD 407TONY GABRIEL 2023/01/062023/01/09$36.00 CUB FOODS #1599TONY GABRIEL 2023/01/062023/01/09$34.36 MENARDS OAKDALE MNCAROLE GERNES 2023/01/072023/01/09$1.36 EB BEST PRACTICES FORCAROLE GERNES 2023/01/122023/01/13$50.00 EB BEST PRACTICES FORCAROLE GERNES 2023/01/122023/01/13$50.00 AIRGAS USA, LLCMICHAEL HAGEN 2023/01/012023/01/02$102.24 AIRGAS USA, LLCMICHAEL HAGEN 2023/01/012023/01/02$316.56 AIRGAS USA, LLCMICHAEL HAGEN 2023/01/042023/01/05$186.65 AIRGAS USA, LLCMICHAEL HAGEN 2023/01/042023/01/05$316.98 ASPEN MILLSMICHAEL HAGEN 2023/01/092023/01/10$1,808.23 PETSMART # 0461TIMOTHY HAWKINSON 2023/01/022023/01/03$215.98 SP SAFARILANDTIMOTHY HAWKINSON 2023/01/112023/01/12$219.25 JIMMY JOHNS # 574 - MTIMOTHY HAWKINSON 2023/01/112023/01/12$112.29 ZORO TOOLS INCTAMARA HAYS 2022/09/222023/01/10($29.04) VIKING INDUSTRIAL CENTERTAMARA HAYS 2023/01/032023/01/05$138.94 CARHARTT COMPANY GEARTAMARA HAYS 2023/01/062023/01/09$556.92 COMO PARK ANIMAL HOSPIMICHAEL HOEMKE 2022/12/302023/01/02$1,592.27 DALCO ENTERPRISESDAVID JAHN 2023/01/042023/01/05$1,879.04 AMZN MKTP US*KD68F36U3DAVID JAHN 2023/01/122023/01/13$39.68 RED WING SHOE #727JOE JENSEN 2022/12/302023/01/02$298.17 Council Packet Page Number 21 of 431 G1, Attachents ODP BUS SOL LLC # 101090ELIZABETH JOHNSON 2023/01/052023/01/09$51.10 AMZN MKTP US*W74AR3173 AMELIZABETH JOHNSON 2023/01/082023/01/09$59.67 ODP BUS SOL LLC # 101090ELIZABETH JOHNSON 2023/01/092023/01/12$113.69 ODP BUS SOL LLC # 101090ELIZABETH JOHNSON 2023/01/102023/01/12$23.33 INT'L CODE COUNCIL INCRANDY JOHNSON 2022/12/312023/01/02$165.00 INT'L CODE COUNCIL INCRANDY JOHNSON 2022/12/312023/01/02$495.00 INT'L CODE COUNCIL INCRANDY JOHNSON 2023/01/102023/01/10$165.00 SHRED-IT USA LLCLOIS KNUTSON 2022/12/302023/01/02$77.86 MN IAAIERIC KUBAT 2022/12/312023/01/02$25.00 MINNESOTA STATE FIRE CHIEERIC KUBAT 2023/01/062023/01/09$60.00 THE HOME DEPOT #2801ERIC KUBAT 2023/01/112023/01/13$125.54 AMERICAN HEART SHOPCPRBRAD MCGEE 2023/01/062023/01/09($22.27) NCE EMPOWERING SAFETYBRAD MCGEE 2023/01/112023/01/12$1,009.00 PEDIATRIC EMERGENCY STANDBRETT MERKATORIS 2023/01/112023/01/11$599.00 IN *MARIE RIDGEWAY LICSW,MICHAEL MONDOR 2023/01/032023/01/04$595.00 INTERNATIONAL ASSOCIATIONMICHAEL MONDOR 2023/01/032023/01/05$215.00 STILLWATER MOTORSMICHAEL MONDOR 2023/01/062023/01/09$100.00 MCDONALD'S F3117BRYAN NAGEL 2023/01/052023/01/06$107.46 CINTAS CORPBRYAN NAGEL 2023/01/052023/01/06$80.67 CINTAS CORPBRYAN NAGEL 2023/01/052023/01/06$39.31 CINTAS CORPBRYAN NAGEL 2023/01/052023/01/06$14.69 CINTAS CORPBRYAN NAGEL 2023/01/052023/01/06$23.14 CINTAS CORPBRYAN NAGEL 2023/01/052023/01/06$39.98 CINTAS CORPBRYAN NAGEL 2023/01/072023/01/09$220.80 CINTAS CORPBRYAN NAGEL 2023/01/072023/01/09$63.60 CINTAS CORPBRYAN NAGEL 2023/01/072023/01/09$82.94 RED WING SHOE #727BRYAN NAGEL 2023/01/102023/01/11$285.97 CINTAS CORPBRYAN NAGEL 2023/01/112023/01/12$15.05 CINTAS CORPBRYAN NAGEL 2023/01/112023/01/12$116.75 CINTAS CORPBRYAN NAGEL 2023/01/112023/01/12$14.69 CINTAS CORPBRYAN NAGEL 2023/01/112023/01/12$59.70 CINTAS CORPBRYAN NAGEL 2023/01/112023/01/12$9.15 THE HOME DEPOT #2801JOHN NAUGHTON 2023/01/032023/01/05$33.90 BCA TRAINING EDUCATIONMICHAEL NYE 2023/01/082023/01/09$75.00 LIFE ASSIST INCKENNETH POWERS 2023/01/092023/01/10$646.50 LIFE ASSIST INCKENNETH POWERS 2023/01/092023/01/10$72.00 BOUND TREE MEDICAL LLCKENNETH POWERS 2023/01/092023/01/11$1,688.41 LIFE ASSIST INCKENNETH POWERS 2023/01/112023/01/12$161.70 FACTORY MOTOR PARTS (19)STEVEN PRIEM 2023/01/032023/01/04$168.26 0391-AUTOPLUSSTEVEN PRIEM 2023/01/032023/01/05$123.95 0391-AUTOPLUSSTEVEN PRIEM 2023/01/052023/01/09$41.30 AN FORD WHITE BEAR LAKSTEVEN PRIEM 2023/01/062023/01/09$746.84 EMERGENCY AUTO TECHSTEVEN PRIEM 2023/01/092023/01/10$189.08 ZIEGLER INC COLUMBUSSTEVEN PRIEM 2023/01/092023/01/10$172.98 MIDWEST HASTINGSSTEVEN PRIEM 2023/01/092023/01/11$415.58 METRO PRODUCTS INCSTEVEN PRIEM 2023/01/112023/01/12$71.87 MINNESOTA OCCUPATIONALTERRIE RAMEAUX 2023/01/052023/01/09$548.00 MINNESOTA OCCUPATIONALTERRIE RAMEAUX 2023/01/052023/01/09$404.00 AMZN MKTP US*824B86973 AMMICHAEL RENNER 2023/01/022023/01/03$571.38 MINNESOTA NURSERY AND LANAUDRA ROBBINS 2023/01/022023/01/03$330.00 TARGET 00021352AUDRA ROBBINS 2023/01/062023/01/09$274.04 CUB FOODS #1599JOSEPH RUEB 2023/01/092023/01/10$150.00 NTE 5413ROBERT RUNNING 2022/12/302023/01/02$70.72 NAPA STORE 3279016ROBERT RUNNING 2023/01/122023/01/13$69.40 NTE 5413ROBERT RUNNING 2023/01/122023/01/13$86.85 MN POLLUTION CONTROL AGENSCOTT SCHULTZ 2023/01/032023/01/05$45.00 MN POLLUTION CONTROL SERVSCOTT SCHULTZ 2023/01/032023/01/05$0.97 GALLSSTEPHANIE SHEA 2023/01/042023/01/05$313.62 N-EARSTEPHANIE SHEA 2023/01/042023/01/05$164.99 CINTAS CORPSTEPHANIE SHEA 2023/01/072023/01/09$83.10 ODP BUS SOL LLC # 101090STEPHANIE SHEA 2023/01/112023/01/13$114.84 CINTAS CORPSTEPHANIE SHEA 2023/01/122023/01/13$83.10 JERSEY MIKES 24017KAYLA SPANDE 2023/01/042023/01/05$87.78 CHIPOTLE ONLINEKAYLA SPANDE 2023/01/062023/01/06$172.50 Council Packet Page Number 22 of 431 G1, Attachents AMZN MKTP US*JQ1U386P3KAYLA SPANDE 2023/01/112023/01/12$19.99 AMZN MKTP US*HK86290C3KAYLA SPANDE 2023/01/112023/01/12$36.45 AMZN MKTP US*8M2V56J33KAYLA SPANDE 2023/01/112023/01/12$238.56 AMZN MKTP US*IS1B89D33KAYLA SPANDE 2023/01/122023/01/12$53.98 AMZN MKTP US*EW1QK0FW3KAYLA SPANDE 2023/01/122023/01/13$59.16 BREEZY POINT RESORT INTLJOSEPH STEINER 2022/12/272023/01/05$277.02 STORM TRAINING GROUP,BRIAN TAUZELL 2022/12/312023/01/02$1,887.90 MIDWAYUSA COMBRIAN TAUZELL 2023/01/062023/01/09$1,439.53 THE HOME DEPOT #2801TODD TEVLIN 2023/01/062023/01/09$146.23 SOL*SNAP-ON INDUSTRIALJEFF WILBER 2023/01/102023/01/11$178.18 KATH FUELMATT WOEHRLE 2023/01/102023/01/11$435.00 AN FORD WHITE BEAR LAKMATT WOEHRLE 2023/01/102023/01/12$21.40 TRI-STATE BOBCATMATT WOEHRLE 2023/01/112023/01/12$210.56 KATH FUELMATT WOEHRLE 2023/01/122023/01/13$609.43 WHEELCO NEWPORTMATT WOEHRLE 2023/01/122023/01/13$49.08 WHEELCO NEWPORTMATT WOEHRLE 2023/01/122023/01/13$198.97 AN FORD WHITE BEAR LAKBOON XIONG 2023/01/032023/01/05$186.97 BOYER FORD TRUCKSBOON XIONG 2023/01/062023/01/09$91.50 $36,211.82 Council Packet Page Number 23 of 431 G1, Attachents Purchasing Card Items Transaction DatePosting DateMerchant NameTransaction AmountName THE STAR TRIBUNE CIRCULATCHAD BERGO 2023/01/132023/01/16$2.00 OASIS CAFEDANIEL BUSACK 2023/01/122023/01/16$43.47 THE TRANE COMPANYSCOTT CHRISTENSON 2023/01/142023/01/16$3,346.00 MENARDS OAKDALE MNSCOTT CHRISTENSON 2023/01/172023/01/19$11.98 HOMEDEPOT.COMSCOTT CHRISTENSON 2023/01/182023/01/20$42.49 THE HOME DEPOT 2801SCOTT CHRISTENSON 2023/01/202023/01/23$239.00 GRAINGERSCOTT CHRISTENSON 2023/01/242023/01/25$55.99 GRAINGERSCOTT CHRISTENSON 2023/01/242023/01/25$289.16 FERGUSON ENT, INC 1650SCOTT CHRISTENSON 2023/01/252023/01/26$84.29 NEW YORK MAGAZINEMELINDA COLEMAN 2023/01/192023/01/20$8.00 MADDENS ON GULL LAKEMELINDA COLEMAN 2023/01/252023/01/26$386.54 MINNESOTA NURSERY AND LANLUANNE CORTESI 2023/01/192023/01/20$225.00 SECRETARY OF STATELUANNE CORTESI 2023/01/192023/01/23$120.00 WWW.PEACHJAR.COMBRAD DAVISON 2023/01/182023/01/19$150.00 HOMEDEPOT.COMBRAD DAVISON 2023/01/182023/01/20$39.03 MICHAELS MAPLEWOOD BAKERYBRAD DAVISON 2023/01/192023/01/23$34.10 THE HOME DEPOT #2801BRAD DAVISON 2023/01/242023/01/26$115.48 SUAREZ INTERNATIONAL USAMICHAEL DUGAS 2023/01/182023/01/19$118.09 ODP BUS SOL LLC # 101090CHRISTINE EVANS 2023/01/122023/01/16$84.13 PIONEER PRESS ADVCHRISTINE EVANS 2023/01/182023/01/19$149.46 ODP BUS SOL LLC # 101090CHRISTINE EVANS 2023/01/232023/01/25$57.18 WWW.SPSWORKS.COMCHRISTINE EVANS 2023/01/242023/01/25$50.55 CAN*CANONFINANCIAL CFSMYCHAL FOWLDS 2023/01/132023/01/16$2,391.35 CAN*CANONFINANCIAL CFSMYCHAL FOWLDS 2023/01/132023/01/16$590.52 ZOOM.US 888-799-9666MYCHAL FOWLDS 2023/01/182023/01/19$359.82 CENTURYLINK LUMENMYCHAL FOWLDS 2023/01/182023/01/19$64.56 CENTURYLINK LUMENMYCHAL FOWLDS 2023/01/182023/01/19$70.26 TMOBILE POSTPAID WEBMYCHAL FOWLDS 2023/01/192023/01/20$462.05 TMOBILE POSTPAID WEBMYCHAL FOWLDS 2023/01/192023/01/20$462.14 CENTURYLINK LUMENMYCHAL FOWLDS 2023/01/192023/01/20$62.84 COMCAST ST. PAULMYCHAL FOWLDS 2023/01/202023/01/20$4.58 ZOOM.US 888-799-9666MYCHAL FOWLDS 2023/01/252023/01/26$58.61 ZOOM.US 888-799-9666MYCHAL FOWLDS 2023/01/252023/01/26$66.77 CKO*DASHLANENICK FRANZEN 2023/01/152023/01/16$660.00 SP UBIQUITI INC.NICK FRANZEN 2023/01/172023/01/19($15.43) AMZN MKTP US*7J5IB7PR3 AMNICK FRANZEN 2023/01/212023/01/23$39.65 MICROSOFT*SUBSCRIPTIONNICK FRANZEN 2023/01/222023/01/23$7.50 ADOBE *ACROPRO SUBSNICK FRANZEN 2023/01/222023/01/23$32.20 4IMPRINT, INCTONY GABRIEL 2023/01/172023/01/18$339.91 AMZN MKTP US*WJ30X3T93TONY GABRIEL 2023/01/182023/01/19$28.99 TARGET 00011858TONY GABRIEL 2023/01/192023/01/20$25.77 STAPLES DIRECTTONY GABRIEL 2023/01/202023/01/23$119.96 GESMN MAPLEWOOD 407TONY GABRIEL 2023/01/252023/01/26$29.00 CUB FOODS #1599TONY GABRIEL 2023/01/252023/01/26$67.65 COSTCO WHSE #1021TONY GABRIEL 2023/01/252023/01/26$39.71 MINNESOTA NURSERY AND LANCAROLE GERNES 2023/01/202023/01/23$270.00 WWW.VOLGISTICS.COMCAROLE GERNES 2023/01/252023/01/26$396.00 AMZN MKTP US*3S6LZ2MZ3ALEX GERONSIN 2023/01/222023/01/23$329.90 ASPEN MILLSMICHAEL HAGEN 2023/01/252023/01/26$1,524.67 PAYPAL *JPNIXONCONSTIMOTHY HAWKINSON 2023/01/232023/01/24$180.00 AMAZON.COM*UA9713CL3TAMARA HAYS 2023/01/162023/01/17$453.71 MINNESOTA NURSERY AND LANTAMARA HAYS 2023/01/242023/01/25$225.00 ALLIED CLC LOTGARY HINNENKAMP 2023/01/122023/01/16$12.00 PAYPAL *JPNIXONCONSMICHAEL HOEMKE 2023/01/182023/01/19$180.00 BLAUER MANUFACTURINGMICHAEL HOEMKE 2023/01/232023/01/24$444.98 PAYPAL *JPNIXONCONSMICHAEL HOEMKE 2023/01/242023/01/25$180.00 SQ *MINNESOTA CIT OFFICERMICHAEL HOEMKE 2023/01/242023/01/25$900.00 SQ *MINNESOTA CIT OFFICERMICHAEL HOEMKE 2023/01/242023/01/25$900.00 HOMEDEPOT.COMDAVID JAHN 2023/01/132023/01/16$481.65 AMAZON.COM*1C1JW7PK3 AMZNDAVID JAHN 2023/01/152023/01/16$161.64 HOMEDEPOT.COMDAVID JAHN 2023/01/252023/01/27$21.95 HOMEDEPOT.COMDAVID JAHN 2023/01/252023/01/27$6.53 ODP BUS SOL LLC # 101090MEGHAN JANASZAK 2023/01/182023/01/20$206.16 Council Packet Page Number 24 of 431 G1, Attachents FUSION LEARNING PARTNERSJON JAROSCH 2023/01/132023/01/16$385.00 ODP BUS SOL LLC # 101090LOIS KNUTSON 2023/01/172023/01/19$127.91 CUB FOODS #1599LOIS KNUTSON 2023/01/192023/01/20$22.81 EZCATERHONEY BAKED HALOIS KNUTSON 2023/01/242023/01/24$191.05 PEDIATRIC EMERGENCY STANDERIC KUBAT 2023/01/222023/01/23$199.00 IN *EMCASA WEST, LLCJASON KUCHENMEISTER 2023/01/132023/01/16$750.00 PAYPAL *IAPE IAPEJASON KUCHENMEISTER 2023/01/172023/01/18$65.00 MAPETJASON KUCHENMEISTER 2023/01/172023/01/18$35.00 CHARGE.PREZI.COMSTEVE LOVE 2023/01/252023/01/26$228.00 THE BUSINESS JOURNALSMIKE MARTIN 2023/01/152023/01/16$110.00 NATIONAL REGISTRY EMTBRAD MCGEE 2023/01/142023/01/16$32.00 PEDIATRIC EMERGENCY STANDBRAD MCGEE 2023/01/202023/01/20$199.00 AUTOZONE3948BRAD MCGEE 2023/01/252023/01/26$16.98 THE HOME DEPOT #2801BRAD MCGEE 2023/01/252023/01/27$44.41 NATIONAL EMERGENCY TRAINMICHAEL MONDOR 2023/01/262023/01/27$337.64 MINNESOTA CHIEFS OF POLICRACHEL MURRAY 2023/01/202023/01/23$193.00 MINNESOTA CHIEFS OF POLICRACHEL MURRAY 2023/01/202023/01/23$525.00 SQ *MINNESOTA CIT OFFICERRACHEL MURRAY 2023/01/212023/01/23$900.00 CINTAS CORPBRYAN NAGEL 2023/01/172023/01/18$56.97 CINTAS CORPBRYAN NAGEL 2023/01/182023/01/19$39.31 CINTAS CORPBRYAN NAGEL 2023/01/182023/01/19$9.15 CINTAS CORPBRYAN NAGEL 2023/01/182023/01/19$14.69 CINTAS CORPBRYAN NAGEL 2023/01/182023/01/19$39.98 CINTAS CORPBRYAN NAGEL 2023/01/182023/01/19$98.71 CINTAS CORPBRYAN NAGEL 2023/01/252023/01/26$15.05 CINTAS CORPBRYAN NAGEL 2023/01/252023/01/26$15.76 CINTAS CORPBRYAN NAGEL 2023/01/252023/01/26$80.67 CINTAS CORPBRYAN NAGEL 2023/01/252023/01/26$9.15 CINTAS CORPBRYAN NAGEL 2023/01/252023/01/26$59.70 BOUND TREE MEDICAL LLCKENNETH POWERS 2023/01/132023/01/16$8.59 LIFE ASSIST INCKENNETH POWERS 2023/01/132023/01/16$20.40 LIFE ASSIST INCKENNETH POWERS 2023/01/192023/01/20$211.80 LIFE ASSIST INCKENNETH POWERS 2023/01/192023/01/20$52.50 BOUND TREE MEDICAL LLCKENNETH POWERS 2023/01/192023/01/23$54.21 BOUND TREE MEDICAL LLCKENNETH POWERS 2023/01/192023/01/23$1,126.04 BOUND TREE MEDICAL LLCKENNETH POWERS 2023/01/232023/01/25$60.13 MED ALLIANCE GROUP INCKENNETH POWERS 2023/01/242023/01/25$401.45 LIFE ASSIST INCKENNETH POWERS 2023/01/242023/01/25$185.05 LIFE ASSIST INCKENNETH POWERS 2023/01/262023/01/27$258.45 0391-AUTOPLUSSTEVEN PRIEM 2023/01/132023/01/16$86.91 METRO PRODUCTS INCSTEVEN PRIEM 2023/01/202023/01/23$196.96 TRI-STATE BOBCATSTEVEN PRIEM 2023/01/202023/01/23$3,545.82 AN FORD WHITE BEAR LAKSTEVEN PRIEM 2023/01/212023/01/23$1,372.66 AN FORD WHITE BEAR LAKSTEVEN PRIEM 2023/01/212023/01/23$501.08 BOYER FORD TRUCKSSTEVEN PRIEM 2023/01/232023/01/25$3,724.70 POMPS TIRE 021STEVEN PRIEM 2023/01/242023/01/25$133.05 H & L MESABI COMPANYSTEVEN PRIEM 2023/01/242023/01/25$1,340.00 0391-AUTOPLUSSTEVEN PRIEM 2023/01/242023/01/25$82.46 0391-AUTOPLUSSTEVEN PRIEM 2023/01/242023/01/25$13.19 TERMINAL SUPPLY-MINN 7STEVEN PRIEM 2023/01/242023/01/25$256.70 BOYER FORD TRUCKSSTEVEN PRIEM 2023/01/242023/01/26($1,228.19) AN FORD WHITE BEAR LAKSTEVEN PRIEM 2023/01/242023/01/26$9.60 NUSS TRUCK & EQUIPMENTSTEVEN PRIEM 2023/01/242023/01/26$235.55 MIDWEST NEW RICHMONDSTEVEN PRIEM 2023/01/242023/01/26$439.58 DELEGARD TOOL COMPANYSTEVEN PRIEM 2023/01/252023/01/26$406.25 FORCE AMER. DISTRIBUTINGSTEVEN PRIEM 2023/01/262023/01/27$44.10 FACTORY MOTOR PARTS (19)STEVEN PRIEM 2023/01/262023/01/27$77.80 ON SITE SANITATION INCAUDRA ROBBINS 2023/01/252023/01/27$573.50 THE HOME DEPOT #2801ROBERT RUNNING 2023/01/132023/01/16$9.73 SAFE-FAST(MW)ROBERT RUNNING 2023/01/232023/01/24$109.90 KWIK TRIP 11600011692RYAN SCHROEDER 2023/01/122023/01/16$11.00 EVEREST EMERGENCY VEHICLERYAN SCHROEDER 2023/01/172023/01/18$544.04 EVEREST EMERGENCY VEHICLERYAN SCHROEDER 2023/01/172023/01/18$46.55 EVEREST EMERGENCY VEHICLERYAN SCHROEDER 2023/01/172023/01/18$83.00 EVEREST EMERGENCY VEHICLERYAN SCHROEDER 2023/01/172023/01/18$49.25 Council Packet Page Number 25 of 431 G1, Attachents MN ST IAP ADM PMD PARKRYAN SCHROEDER 2023/01/172023/01/18$8.00 EVEREST EMERGENCY VEHICLERYAN SCHROEDER 2023/01/242023/01/25$209.32 RED WING SHOE #727SCOTT SCHULTZ 2023/01/232023/01/24$135.99 STREICHER'S MOSTEPHANIE SHEA 2023/01/132023/01/16$4,751.89 STREICHER'S MOSTEPHANIE SHEA 2023/01/132023/01/16$4,955.40 GALLSSTEPHANIE SHEA 2023/01/172023/01/18$398.48 CINTAS CORPSTEPHANIE SHEA 2023/01/192023/01/20$83.10 STATE OF MN POST BOARDSTEPHANIE SHEA 2023/01/232023/01/25$90.00 POST BOARD SERVICE FEESTEPHANIE SHEA 2023/01/232023/01/25$1.94 THOMSON WEST*TCDSTEPHANIE SHEA 2023/01/242023/01/25$635.54 CINTAS CORPSTEPHANIE SHEA 2023/01/262023/01/27$83.10 U OF M CONTLEARNINGJOE SHEERAN 2023/01/232023/01/24$1,350.00 AMZN MKTP US*W25IW37Q3KAYLA SPANDE 2023/01/142023/01/16$5.98 AMZN MKTP US*N02GH0593KAYLA SPANDE 2023/01/162023/01/17$188.03 AMAZON.COM*J82WR2H33 AMZNKAYLA SPANDE 2023/01/182023/01/19$20.48 AMZN MKTP US*PF2911VZ3KAYLA SPANDE 2023/01/202023/01/23$152.46 AMZN MKTP US*3086E1KA3KAYLA SPANDE 2023/01/212023/01/23$43.06 AMZN MKTP US*6R8JD7303KAYLA SPANDE 2023/01/252023/01/26$26.07 ALDO US #2134JOSEPH STEINER 2023/01/162023/01/18$119.98 SQ *MINNESOTA CIT OFFICERBRIAN TAUZELL 2023/01/172023/01/18$900.00 BCA TRAINING EDUCATIONBRIAN TAUZELL 2023/01/172023/01/18$375.00 BCA TRAINING EDUCATIONBRIAN TAUZELL 2023/01/182023/01/19$75.00 DEFENSIVE EDGE TRAININGBRIAN TAUZELL 2023/01/262023/01/27$550.00 MINNESOTA STATE COLLEGESJORDAN WARDELL 2023/01/132023/01/16$295.00 SHARROW LIFTING PRODUCTSJEFF WILBER 2023/01/242023/01/25$11.00 MTIMATT WOEHRLE 2023/01/182023/01/19$428.80 BOYER FORD TRUCKSMATT WOEHRLE 2023/01/182023/01/20$940.48 CUSTOM TRUCK ONE SOURCEBOON XIONG 2023/01/202023/01/23$82.34 BARNETT WHITE BEAR CHRYSLBOON XIONG 2023/01/252023/01/26$8.60 NTE 5413BOON XIONG 2023/01/252023/01/26$57.96 $55,322.29 Council Packet Page Number 26 of 431 G1, Attachents CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion CHECK #CHECK DATEEMPLOYEE NAME AMOUNT incl in Amount 01/20/23ABRAMS, MARYLEE602.85 01/20/23CAVE, REBECCA530.61 01/20/23JUENEMANN, KATHLEEN530.61 01/20/23LEE, CHONBURI477.55 01/20/23VILLAVICENCIO, NICHOLE530.61 01/20/23COLEMAN, MELINDA9,296.001,760.00 01/20/23DARROW, MICHAEL5,854.87 01/20/23KNUTSON, LOIS6,053.372,547.00 01/20/23CHRISTENSON, SCOTT3,763.181,185.20 01/20/23DOUGLASS, TOM4,092.751,134.40 01/20/23JAHN, DAVID3,737.24 01/20/23LENTINI, LINDSAY3,705.73717.00 01/20/23RAMEAUX, THERESE7,423.023,543.88 01/20/23AEILTS, LAUREN1,354.56 01/20/23JACOBSON, CARL4,391.84 01/20/23RACETTE, THOMAS4,162.801,349.20 01/20/23RUEB, JOSEPH9,287.843,750.00 01/20/23STANLEY, JENNIFER3,611.41 01/20/23ARNOLD, AJLA1,148.69 01/20/23CROSS, JULIA2,109.60 01/20/23EVANS, CHRISTINE3,920.401,286.80 01/20/23LARSON, MICHELLE2,387.21 01/20/23SCHORR, JENNIFER1,967.39 01/20/23SINDT, ANDREA6,986.382,928.00 01/20/23HANSON, MELISSA2,235.20 01/20/23HOCKBEIN, JUDY1,320.09 01/20/23KRAMER, PATRICIA1,539.61 01/20/23MOY, PAMELA1,964.55 01/20/23OSTER, ANDREA3,555.421,163.60 01/20/23VITT, JULIANNE2,164.99 01/20/23WEAVER, KRISTINE3,528.29 01/20/23WEISER, PETER1,265.29 01/20/23BENJAMIN, MARKESE6,828.282,783.40 01/20/23BERGERON, ASHLEY5,302.30941.60 01/20/23BIERDEMAN, BRIAN14,152.298,008.50 01/20/23BROWN, RAE3,264.24 01/20/23BURT-MCGREGOR, EMILY4,151.31188.32 01/20/23BUSACK, DANIEL6,924.471,349.80 01/20/23CARLSON, AMANDA612.49557.10 01/20/23CLAYTON, STEVEN3,828.78193.16 01/20/23COLEMAN, ALEXANDRA195.09 01/20/23CONDON, MITCHELL3,948.67 01/20/23CRUZ, TREANA2,918.71 01/20/23DEMULLING, JOSEPH6,997.23947.60 01/20/23DUGAS, MICHAEL8,701.453,661.20 01/20/23FORSYTHE, MARCUS3,968.14 01/20/23FRITZE, DEREK6,642.952,081.20 01/20/23GABRIEL, ANTHONY6,081.141,890.00 01/20/23GEISELHART, BENJAMIN4,497.84772.60 01/20/23GIVAND, JONATHAN3,839.19 01/20/23GREEN, JAMIE3,767.70 01/20/23HAWKINSON JR, TIMOTHY4,113.05 01/20/23HENDRICKS, JENNIFER2,294.40 01/20/23HER, PHENG5,622.141,855.60 01/20/23HER, TERRELL3,931.70729.60 01/20/23HOEMKE, MICHAEL6,260.651,220.40 01/20/23JOHNSON, BARBARA644.00 01/20/23KADEN, JACOB1,774.50 01/20/23KANDA, MADELINE3,165.1119.32 01/20/23KIM, WINSTON3,430.79 01/20/23KONG, TOMMY5,813.061,907.20 01/20/23KORAN, MARIE644.00 Council Packet Page Number 27 of 431 G1, Attachents 01/20/23KROLL, BRETT4,415.89 01/20/23KUCHENMEISTER, GINA2,327.20 01/20/23KUCHENMEISTER, JASON2,429.96 01/20/23LATOUR, HAYLEY2,109.60 01/20/23LENERTZ, NICHOLAS3,672.72 01/20/23LYNCH, KATHERINE4,184.05 01/20/23MARINO, JASON7,920.633,015.60 01/20/23MARK, OLAF3,794.70159.08 01/20/23MATTHEIS, TAWNY2,991.6772.96 01/20/23MORALES, MARIO1,948.19 01/20/23MURRAY, RACHEL3,845.83 01/20/23NYE, MICHAEL8,401.443,302.40 01/20/23PARKER, JAMES4,586.23 01/20/23PASDO, JOSEPH4,127.29729.60 01/20/23PETERS, DANIEL4,607.39 01/20/23QUIRK, JAMES3,665.37515.10 01/20/23RETHWILL, SCOTT3,632.63 01/20/23SALCHOW, CONNOR6,872.152,575.20 01/20/23SANCHEZ, ISABEL2,973.43 01/20/23SHEA, STEPHANIE3,097.08271.63 01/20/23STARKEY, ROBERT4,972.97890.00 01/20/23STEINER, JOSEPH6,260.651,220.40 01/20/23STOCK, AUBREY3,635.62 01/20/23SUEDKAMP, ADAM4,969.58567.00 01/20/23SWETALA, NOAH3,910.30 01/20/23TAUZELL, BRIAN8,626.323,016.20 01/20/23WENZEL, JAY4,031.4295.36 01/20/23WIETHORN, AMANDA4,049.60 01/20/23XIONG, KAO5,777.301,907.20 01/20/23XIONG, PETER1,880.00 01/20/23XIONG, TUOYER3,489.16 01/20/23YANG, THANG3,086.30197.46 01/20/23ZAPPA, ANDREW5,139.85890.00 01/20/23BARRETTE, CHARLES4,764.31 01/20/23BAUMAN, ANDREW4,135.41472.64 01/20/23BEITLER, NATHAN3,840.62 01/20/23CAMPBELL, MACLANE4,682.811,626.48 01/20/23COOK, TANNER2,898.73 01/20/23CRAWFORD JR, RAYMOND9,423.965,005.20 01/20/23CRUMMY, CHARLES11,135.265,877.35 01/20/23DABRUZZI, THOMAS7,248.002,364.48 01/20/23DAVISON, BRADLEY6,587.183,059.28 01/20/23HAGEN, MICHAEL5,989.812,064.24 01/20/23HALWEG, JODI8,059.053,957.36 01/20/23HAWTHORNE, ROCHELLE5,380.181,396.80 01/20/23KUBAT, ERIC8,191.842,364.48 01/20/23LANDER, CHARLES5,989.812,064.24 01/20/23LANIK, JAKE6,000.671,877.04 01/20/23MALESKI, MICHAEL4,038.03 01/20/23MCGEE, BRADLEY5,380.75 01/20/23MERKATORIS, BRETT5,714.94 01/20/23MONDOR, MICHAEL5,611.02 01/20/23NEILY, STEVEN8,110.143,532.48 01/20/23NELSON, GRADON2,807.45179.61 01/20/23NIELSEN, KENNETH4,764.31 01/20/23NOVAK, JEROME6,519.942,696.39 01/20/23POWERS, KENNETH7,025.802,064.24 01/20/23SCHROEDER, RYAN4,770.42332.82 01/20/23SEDLACEK, JEFFREY7,667.282,126.88 01/20/23SKARA, MICHAEL3,884.93901.39 01/20/23SPANDE, KAYLA2,340.99 01/20/23WARDELL, JORDAN5,972.65 01/20/23WILLIAMSON, MICHAEL5,691.371,756.08 01/20/23WILSON, DAMARI546.00 01/20/23ZAPPA, ERIC6,720.982,064.24 01/20/23CORTESI, LUANNE3,114.46727.25 01/20/23JANASZAK, MEGHAN3,433.68 01/20/23BRINK, TROY6,464.351,450.40 01/20/23BUCKLEY, BRENT5,702.731,318.80 01/20/23EDGE, DOUGLAS2,331.241,318.80 Council Packet Page Number 28 of 431 G1, Attachents 01/20/23JONES, DONALD6,109.771,318.80 01/20/23JORDAN, TIMOTHY3,077.94 01/20/23JORGENSON, ANDREW2,670.50 01/20/23MEISSNER, BRENT3,675.89 01/20/23MLODZIK, JASON3,487.94 01/20/23NAGEL, BRYAN8,023.403,256.40 01/20/23RUNNING, ROBERT4,203.64 01/20/23TEVLIN, TODD5,064.291,318.80 01/20/23BURLINGAME, NATHAN3,376.80 01/20/23DUCHARME, JOHN4,429.13 01/20/23ENGSTROM, ANDREW3,436.80 01/20/23JAROSCH, JONATHAN5,768.171,124.40 01/20/23LINDBLOM, RANDAL5,129.821,688.40 01/20/23LOVE, STEVEN6,169.44 01/20/23STRONG, TYLER3,432.19 01/20/23CAMPBELL, NOAH156.00 01/20/23GERNES, CAROLE2,903.39 01/20/23GORACKI, CECELIA39.00 01/20/23HERBER, GREGORY156.00 01/20/23JORGENSON, SETH35.75 01/20/23MAKENS, ELLA78.00 01/20/23MCKANE, QUINN182.00 01/20/23SHELBY - VAZQUEZ, CECILIA39.00 01/20/23CARDINAL, GUY156.00 01/20/23FRIBERG, DAVID2,330.53 01/20/23HAYS, TAMARA3,009.93 01/20/23HINNENKAMP, GARY4,332.43 01/20/23NAUGHTON, JOHN2,875.58 01/20/23ORE, JORDAN4,148.531,318.80 01/20/23STOKES, KAL2,403.22 01/20/23BEGGS, REGAN3,815.291,236.00 01/20/23HAMMOND, ELIZABETH2,504.03 01/20/23JOHNSON, ELIZABETH3,763.391,236.00 01/20/23JOHNSON, RANDY4,780.89 01/20/23KROLL, LISA3,605.051,163.60 01/20/23PARR, DANETTE6,558.3354.03 01/20/23FINWALL, SHANN6,092.212,000.80 01/20/23MARTIN, MICHAEL7,485.483,138.00 01/20/23LENTZ, DANIEL3,149.79 01/20/23THIENES, PAUL3,219.82 01/20/23WESTLUND, RONALD3,071.45 01/20/23YOUNG, MATTHEW2,776.00 01/20/23WELLENS, MOLLY4,380.501,723.20 01/20/23BJORK, BRANDON97.50 01/20/23BRENEMAN, NEIL5,819.512,448.60 01/20/23CAMPBELL, KEVIN117.00 01/20/23CAMPBELL, LUCAS78.00 01/20/23GORACKI, GERALD412.75 01/20/23HANSEN, MICHAEL234.00 01/20/23LO, SATHAE234.00 01/20/23MOORE, PATRICK305.50 01/20/23ROBBINS, AUDRA8,189.923,434.40 01/20/23WHITE, LINDA156.00 01/20/23BERGO, CHAD5,803.011,904.40 01/20/23SCHMITZ, KEVIN3,638.491,185.20 01/20/23SHEERAN JR, JOSEPH5,364.72866.08 01/20/23ADAMS, DAVID2,899.22 01/20/23JENSEN, JOSEPH3,083.17 01/20/23SCHULTZ, SCOTT5,651.64912.64 01/20/23WILBER, JEFFREY3,221.44 01/20/23PRIEM, STEVEN3,900.09845.97 01/20/23WOEHRLE, MATTHEW6,486.621,352.40 01/20/23XIONG, BOON3,739.27880.98 01/20/23FOWLDS, MYCHAL5,129.70 01/20/23FRANZEN, NICHOLAS6,905.441,909.20 01/20/23GERONSIN, ALEXANDER3,351.69 01/20/23RENNER, MICHAEL3,030.5036.25 808,141.73158,849.19 Council Packet Page Number 29 of 431 G1, Attachents CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 02/03/23ABRAMS, MARYLEE602.85 02/03/23CAVE, REBECCA530.61 02/03/23JUENEMANN, KATHLEEN530.61 02/03/23LEE, CHONBURI530.61 02/03/23VILLAVICENCIO, NICHOLE530.61 02/03/23COLEMAN, MELINDA7,536.00 02/03/23DARROW, MICHAEL5,528.63 02/03/23KNUTSON, LOIS3,506.37 02/03/23CHRISTENSON, SCOTT2,508.16 02/03/23DOUGLASS, TOM3,440.47 02/03/23JAHN, DAVID2,390.14 02/03/23LENTINI, LINDSAY2,988.72 02/03/23RAMEAUX, THERESE3,879.15 02/03/23AEILTS, LAUREN2,312.99 02/03/23JACOBSON, CARL4,391.84 02/03/23RACETTE, THOMAS2,813.62 02/03/23RUEB, JOSEPH5,937.84 02/03/23STANLEY, JENNIFER3,611.39 02/03/23ARNOLD, AJLA1,410.50 02/03/23COMMERS, CHERYL144.00 02/03/23CROSS, JULIA2,109.61 02/03/23EVANS, CHRISTINE2,633.60 02/03/23LARSON, MICHELLE2,387.18 02/03/23SCHORR, JENNIFER1,967.39 02/03/23SINDT, ANDREA4,058.38 02/03/23HANSON, MELISSA2,235.20 02/03/23HOCKBEIN, JUDY1,214.61 02/03/23KRAMER, PATRICIA1,454.02 02/03/23MOY, PAMELA1,952.34 02/03/23OSTER, ANDREA2,391.82 02/03/23VITT, JULIANNE2,164.99 02/03/23WEAVER, KRISTINE3,604.66 02/03/23WEISER, PETER1,289.18 02/03/23BENJAMIN, MARKESE4,044.88 02/03/23BERGERON, ASHLEY3,936.98 02/03/23BIERDEMAN, BRIAN6,143.79 02/03/23BROWN, RAE4,017.52 02/03/23BURT-MCGREGOR, EMILY4,475.22 02/03/23BUSACK, DANIEL5,574.67 02/03/23CLAYTON, STEVEN3,635.62 02/03/23COLEMAN, ALEXANDRA195.09 02/03/23CONDON, MITCHELL4,807.38 02/03/23CRUZ, TREANA2,918.71 02/03/23DEMULLING, JOSEPH5,536.43 02/03/23DUGAS, MICHAEL5,040.25 02/03/23FORSYTHE, MARCUS4,530.60 02/03/23FRITZE, DEREK5,437.321,040.60 02/03/23GABRIEL, ANTHONY5,791.86 02/03/23GEISELHART, BENJAMIN3,595.06 02/03/23GIVAND, JONATHAN4,024.28 02/03/23GREEN, JAMIE3,827.33 02/03/23HAWKINSON JR, TIMOTHY4,361.32 02/03/23HENDRICKS, JENNIFER2,294.40 02/03/23HER, PHENG4,914.69 Council Packet Page Number 30 of 431 G1, Attachents 02/03/23HER, TERRELL3,192.98 02/03/23HOEMKE, MICHAEL5,040.25 02/03/23JOHNSON, BARBARA644.00 02/03/23KADEN, JACOB1,668.03 02/03/23KANDA, MADELINE3,174.76 02/03/23KIM, WINSTON3,421.22 02/03/23KONG, TOMMY4,334.98 02/03/23KORAN, MARIE644.00 02/03/23KROLL, BRETT4,567.17 02/03/23KUCHENMEISTER, GINA2,327.20 02/03/23KUCHENMEISTER, JASON2,711.92 02/03/23LATOUR, HAYLEY2,109.60 02/03/23LENERTZ, NICHOLAS3,615.72 02/03/23LYNCH, KATHERINE4,044.88 02/03/23MARINO, JASON4,565.78 02/03/23MARK, OLAF3,635.62 02/03/23MATTHEIS, TAWNY3,137.59 02/03/23MORALES, MARIO1,948.19 02/03/23MURRAY, RACHEL5,072.02 02/03/23NYE, MICHAEL4,458.92 02/03/23PARKER, JAMES4,047.56 02/03/23PASDO, JOSEPH3,137.59 02/03/23PETERS, DANIEL4,043.19 02/03/23QUIRK, JAMES3,162.98 02/03/23RETHWILL, SCOTT3,632.63 02/03/23SALCHOW, CONNOR4,103.44 02/03/23SANCHEZ, ISABEL2,973.43 02/03/23SHEA, STEPHANIE2,825.45 02/03/23STARKEY, ROBERT4,794.86 02/03/23STEINER, JOSEPH5,040.25 02/03/23STOCK, AUBREY3,752.21 02/03/23SUEDKAMP, ADAM4,207.91 02/03/23SWETALA, NOAH4,004.20 02/03/23TAUZELL, BRIAN5,207.96 02/03/23WENZEL, JAY4,464.80 02/03/23WIETHORN, AMANDA3,882.72 02/03/23XIONG, KAO4,227.70 02/03/23XIONG, PETER2,313.60 02/03/23XIONG, TUOYER4,004.20 02/03/23YANG, THANG2,940.35 02/03/23ZAPPA, ANDREW4,214.54 02/03/23BARRETTE, CHARLES6,097.57 02/03/23BAUMAN, ANDREW4,172.34 02/03/23BEITLER, NATHAN4,119.50 02/03/23BERG, TERESA1,360.00 02/03/23CAMPBELL, MACLANE2,895.35 02/03/23COOK, TANNER3,001.42 02/03/23CRAWFORD JR, RAYMOND4,245.28 02/03/23CRUMMY, CHARLES24,696.81300.24 02/03/23DABRUZZI, THOMAS5,400.75 02/03/23DAVISON, BRADLEY3,496.03 02/03/23HAGEN, MICHAEL4,212.62 02/03/23HALWEG, JODI4,585.12 02/03/23HAWTHORNE, ROCHELLE4,692.70 02/03/23KUBAT, ERIC4,583.54 02/03/23LANDER, CHARLES4,226.64 02/03/23LANIK, JAKE3,840.08 02/03/23MALESKI, MICHAEL4,889.10 02/03/23MCGEE, BRADLEY4,151.43 02/03/23MERKATORIS, BRETT5,118.19 02/03/23MONDOR, MICHAEL5,611.02 02/03/23NEILY, STEVEN3,521.90 Council Packet Page Number 31 of 431 G1, Attachents 02/03/23NELSON, GRADON3,507.51 02/03/23NIELSEN, KENNETH4,108.37 02/03/23NOVAK, JEROME3,823.55 02/03/23POWERS, KENNETH4,785.80 02/03/23SCHROEDER, RYAN4,437.60 02/03/23SEDLACEK, JEFFREY4,839.75 02/03/23SKARA, MICHAEL3,685.25 02/03/23SPANDE, KAYLA2,340.99 02/03/23WARDELL, JORDAN4,993.78 02/03/23WILLIAMSON, MICHAEL3,276.62 02/03/23WILSON, DAMARI546.00 02/03/23ZAPPA, ERIC3,280.46 02/03/23CORTESI, LUANNE2,387.20 02/03/23JANASZAK, MEGHAN3,433.68 02/03/23BRINK, TROY3,720.90 02/03/23BUCKLEY, BRENT3,088.68 02/03/23EDGE, DOUGLAS1,075.42 02/03/23HERBST, JONATHEN1,113.19 02/03/23JONES, DONALD2,844.10 02/03/23JORDAN, TIMOTHY2,384.94 02/03/23JORGENSON, ANDREW2,073.40 02/03/23MEISSNER, BRENT2,957.45 02/03/23MLODZIK, JASON2,683.08 02/03/23NAGEL, BRYAN4,767.00 02/03/23RUNNING, ROBERT3,378.79 02/03/23TEVLIN, TODD2,983.80 02/03/23BURLINGAME, NATHAN3,503.44 02/03/23DUCHARME, JOHN3,441.42 02/03/23ENGSTROM, ANDREW3,436.80 02/03/23JAROSCH, JONATHAN4,643.77 02/03/23LINDBLOM, RANDAL3,441.42 02/03/23LOVE, STEVEN6,369.43 02/03/23STRONG, TYLER3,432.19 02/03/23CAMPBELL, NOAH117.00 02/03/23GERNES, CAROLE2,903.39 02/03/23GORACKI, CECELIA78.00 02/03/23HERBER, GREGORY234.00 02/03/23JORGENSON, SETH42.25 02/03/23MAKENS, ELLA117.00 02/03/23MCKANE, QUINN357.50 02/03/23SHELBY - VAZQUEZ, CECILIA78.00 02/03/23SIMONS, TYSEN26.00 02/03/23FRIBERG, DAVID2,289.91 02/03/23HAYS, TAMARA2,824.79 02/03/23HINNENKAMP, GARY3,010.75 02/03/23NAUGHTON, JOHN2,851.27 02/03/23ORE, JORDAN2,787.26 02/03/23STOKES, KAL2,399.95 02/03/23BEGGS, REGAN2,579.29 02/03/23HAMMOND, ELIZABETH2,591.03 02/03/23JOHNSON, ELIZABETH2,527.39 02/03/23JOHNSON, RANDY4,780.89 02/03/23KROLL, LISA2,561.16 02/03/23PARR, DANETTE7,104.30 02/03/23FINWALL, SHANN4,316.50 02/03/23MARTIN, MICHAEL4,347.48 02/03/23LENTZ, DANIEL3,149.79 02/03/23THIENES, PAUL3,219.82 02/03/23WESTLUND, RONALD2,861.00 02/03/23YOUNG, MATTHEW2,776.00 02/03/23WELLENS, MOLLY2,872.70 02/03/23BJORK, BRANDON130.00 Council Packet Page Number 32 of 431 G1, Attachents 02/03/23BRENEMAN, NEIL3,370.91 02/03/23GORACKI, GERALD273.00 02/03/23HANSEN, MICHAEL156.00 02/03/23LO, SATHAE117.00 02/03/23ROBBINS, AUDRA4,955.52 02/03/23WHITE, LINDA234.00 02/03/23BERGO, CHAD3,898.61 02/03/23SCHMITZ, KEVIN2,453.29 02/03/23SHEERAN JR, JOSEPH4,498.64 02/03/23ADAMS, DAVID2,885.23 02/03/23JENSEN, JOSEPH2,908.33 02/03/23SCHULTZ, SCOTT4,739.00 02/03/23WILBER, JEFFREY2,769.28 02/03/23PRIEM, STEVEN3,054.14 02/03/23WOEHRLE, MATTHEW3,080.85 02/03/23XIONG, BOON2,819.07 02/03/23FOWLDS, MYCHAL5,329.70 02/03/23FRANZEN, NICHOLAS3,970.00 02/03/23GERONSIN, ALEXANDER3,387.96 02/03/23RENNER, MICHAEL3,773.67 663,299.681,340.84 Council Packet Page Number 33 of 431 G2 CITY COUNCILSTAFF REPORT Meeting Date February 13, 2023 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 School, 1695 Kennard Street, on March 25, 2023. Recommended Action: Motion to approve the Local Lawful Gambling permit for Knights of Columbus #4374 for their event on March 25, 2023. 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: NA 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 Council Packet Page Number 34 of 431 G3 Council Packet Page Number 35 of 431 G3 Council Packet Page Number 36 of 431 G3, Attachment 1 Style Definition: TOC 1: Centered, Tab stops: 6.49", Right,Leader: È 20222023-2025 LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND MINNESOTA A.F.S.C.M.E. COUNCIL NO. 5 LOCAL 2725 CLERICAL/TECHNICAL & MAINTENANCE UNITS Council Packet Page Number 37 of 431 G3, Attachment 1 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT.......................................... 3 ARTICLE 2: RECOGNITION ..................................................... 3 ARTICLE 3: DEFINITIONS...................................................... 4 ARTICLE 4: UNION SECURITY.................................................. 5 ARTICLE 5: EMPLOYER SECURITY.............................................. 6 ARTICLE 6: EMPLOYER AUTHORITY ............................................ 6 ARTICLE 7: WORK SCHEDULES ................................................ 7 ARTICLE 8: CALL BACK ....................................................... 8 ARTICLE 9: STAND BY ....................................................... 98 ARTICLE 10: MEAL AND REST PERIODS......................................... 9 ARTICLE 11: OVERTIME....................................................... 9 ARTICLE 12: PROBATIONARY PERIODS ........................................ 10 ARTICLE 13: SENIORITY ...................................................... 11 ARTICLE 14: JOB POSTING ................................................... 11 ARTICLE 15: DISCIPLINE ..................................................... 12 ARTICLE 16: GRIEVANCE PROCEDURE/ARBITRATION ............................ 12 ARTICLE 17: VACATION / ANNUAL LEAVE ....................................... 14 ARTICLE 18: HOLIDAYS ...................................................... 14 ARTICLE 19: SICK LEAVE ..................................................... 15 ARTICLE 20: LEAVES OF ABSENCE ............................................ 16 ARTICLE 21: PHONE INTERNET REIMBURSEMENT ÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ16 Formatted: Font: Italic ARTICLE 22: INJURY ON DUTY ................................................ 17 Formatted: Font: (Default) Arial, 11 pt ARTICLE 23: INSURANCE ..................................................... 18 ARTICLE 24: UNIFORMS .................................................... 2120 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE ................................... 21 ARTICLE 26: PERSONNEL FILES ............................................... 22 ARTICLE 27: NONDISCRIMINATION ............................................ 22 ARTICLE 28: LEGAL DEFENSE ................................................ 22 ARTICLE 29: REQUIRED LICENSES ............................................ 22 ARTICLE 30: SAFETY ........................................................ 22 ARTICLE 31: LEADPERSON ................................................. 2322 ARTICLE 32: TOOLS ......................................................... 23 ARTICLE 33: EDUCATION ..................................................... 23 ARTICLE 34: RESERVED ..................................................... 23 ARTICLE 35: WAGE SCHEDULE ............................................... 23 ARTICLE 36: WAIVER ...................................................... 2524 ARTICLE 37: SAVINGS CLAUSE................................................ 25 ARTICLE 38: DURATION...................................................... 25 APPENDIX A ........ 26Error! Bookmark not defined.Error! Bookmark not defined. APPENDIX B ........ 26Error! Bookmark not defined.Error! Bookmark not defined. APPENDIX C .............................................................. 3027 Council Packet Page Number 38 of 431 G3, Attachment 1 ARTICLE 1: PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Maplewood, hereinafter called Formatted: Justified EMPLOYER, Local 2725, and Council 5, American Federation of State, County and Municipal Employees, AFL-CIO hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION Formatted: Justified The EMPLOYER recognizes the UNION as the exclusive representative under Minnesota Statutes, Section 179.71 Subd. 3 as an appropriate bargaining unit consisting of the following job classifications: Accountant Accountant II Formatted: Justified Accounting Technician Accounting Technician II Formatted: Justified Administrative Assistant Building Inspector Building Inspector Apprentice Building Maintenance Worker Business Licensing Specialist Civil Engineer I Civil Engineer II Communications Coordinator Community Service Officer (CSO) Crew Chief Î Mechanic Crew Chief Î Sanitary Sewer Crew Chief Î Storm Sewer Crew Chief Î Street Maintenance Crew ChiefÏPark Maintenance Customer Service Associate Customer Service Representative Communications Coordinator Deputy City Clerk Digital Communications Specialist Council Packet Page Number 39 of 431 G3, Attachment 1 Engineering Technician Environmental Health Official Environmental Planner Neighborhood Preservation Specialist Facility Technician Heavy Equipment Mechanic Licensing Specialist Maintenance Worker Maintenance Worker II Natural Resource Coordinator Neighborhood Preservation Specialist Formatted: Justified Office Specialist Planner Police Records Specialist Property Evidence Technician Recreational Program Coordinator Senior Engineering Technician Senior Service Center Representative Vehicle Equipment Maintenance Technician 2.2 In the event the Employer and the Union are unable to agree upon the inclusion or exclusion of a new or modified job classification, the issue shall be submitted to the Bureau of Mediation Services for determination. 2.3 All temporary employees who work for less than six (6) months out of any twelve (12) consecutive month period are excluded from this contract. ARTICLE 3: DEFINITIONS 3.1 UNION - Local 2725, Council 5 American Federation of State, County, and Municipal Formatted: Justified Employees. 3.2 EMPLOYER - The City of Maplewood. 3.3 UNION MEMBER - A member of Local 2725, Council 5 of the American Federation of State, County, and Municipal Employees employed by the City of Maplewood as set forth in Article 2 of this AGREEMENT. 3.4 EMPLOYEE - A member of the exclusively recognized bargaining unit as set forth in Article 2 of this AGREEMENT. 3.5 REGULAR PAY RATE - The employee's normal hourly pay rate. 3.6 SENIORITY - Employee's length of continuous service with the EMPLOYER. 3.7 SEVERANCE PAY - Payment made to an employee upon termination of employment as provided in Article 21. 3.8 CALL BACK - Return of an employee to a specified work site to perform assigned duties Council Packet Page Number 40 of 431 G3, Attachment 1 at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of, or early report to, an assigned shift is not a call back. 3.9 STRIKE - Concerted action in failing to report for duty the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employment. 3.10 GRIEVANCE - A dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 3.11 FMLA - The Family Medical Leave Act - See Article 20.5 3.12 EXEMPT - Not covered by the federal and state Fair Labor Standards Acts overtime requirements. 3.13 NON-EXEMPT - Covered by the federal and state Fair Labor Standards Acts overtime requirements. ARTICLE 4: UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: Formatted: Justified 4.1 Fair Share Fees - Deduct fair share fees in accordance with Minnesota Statutes, Section 179A.06, Subd. 3. 4.2 Union Dues - Deduct each payroll period an amount sufficient to provide the payment of Formatted: Justified, Tab stops: Not at 0.25" dues established by the UNION from the wages of all employees authorizing such deduction. Remit such deduction with an itemized statement to the appropriate designated officer of the UNION within ten days following said deduction. Formatted: Justified 4.3 Bulletin Board - The EMPLOYER agrees to provide and maintain one bulletin board for display of UNION notices and bulletins at each of the following facilities/areas: 1. City Hall 3. Police Department 4. 1902 Building2. Park Maintenance Building 4.4 Union Stewards - The UNION may designate employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. The EMPLOYER agrees to afford reasonable time off to those elected officials or appointed representatives of the exclusive representative for the purpose of conducting the duties of the UNION and agrees to provide for reasonable leaves of absence, without pay, to elected or appointed officials of the UNION as provided by State Statute. 4.5 Hold Harmless - The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. Council Packet Page Number 41 of 431 G3, Attachment 1 4.6 Seniority List - The EMPLOYER will normally notify the UNION of the names and job titles of new hires within two weeks of start date. On a quarterly basis, the EMPLOYER will notify the UNION of terminations from the unit. ARTICLE 5: EMPLOYER SECURITY Formatted: Justified 5.1 No Strike - The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of, or interference with the normal functions of the EMPLOYER. 5.2 Termination of Strikers - Employees who engage in an unlawful strike may have their appointment terminated by the EMPLOYER effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 5.3 Unexcused Absence During Strike - Employees who are absent from any portion of their work assignment without permission, or who abstains wholly or in part from the full performance of their duties without permission from the EMPLOYER on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 5.4 Reemployment of Strikers - Employees who knowingly and unlawfully strike and whose employment has been terminated for such action may, subsequent to such violation, be appointed or re-appointed or employed or re-employed, but the employees shall be on probation for two (2) years with respect to tenure of employment, or contract of employment, as they may have theretofore been entitled. 5.5 No Strike Pay - Employees shall not be entitled to any daily pay, wages, or per diem for the day(s) in which they engaged in a strike. ARTICLE 6: EMPLOYER AUTHORITY 6.1 The Employer retains the full and unrestricted right to operate and manage all staff, Formatted: Justified facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. 6.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. 6.3 Subcontracting - Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting out work performed by employees covered by this Agreement or likewise shall prohibit or restrict any other right as set forth in 6.1 herein. Except when the Employer has determined there is an emergency or other urgent matter, Council Packet Page Number 42 of 431 G3, Attachment 1 the Employer will notify the Union at least thirty (30) days prior to subcontracting out work usually performed by employees represented by this bargaining unit, if such subcontracting may require a reduction in the bargaining unit work force. No regular full- time employee in this bargaining unit will be laid off solely as a result of the Employer subcontracting out work required by the Employer, to be performed by regular full-time members of this bargaining unit pursuant to this agreement. ARTICLE 7: WORK SCHEDULES 7.1 Normal Workday/Workweek - The sole authority in work schedules is the EMPLOYER. Formatted: Justified The normal workday for an employee shall be eight (8) hours. Normal office hours are 8:00 a.m. to 5:00 p.m.; however, mutually convenient flexible schedules can be arranged within departments. The normal workweek shall be forty (40) hours Monday through Friday. 7.2 Regular Shifts - Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal work day or work week. The EMPLOYER will give advance notice to the employees affected by the establishment of workdays different from the employee's normal eight (8) hour workday. 7.3 Unusual Work Circumstances - In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, all employees have an obligation to work overtime or call backs if requested unless unusual circumstances prevent them from so working. When employees are so notified to report at a time other than their normal scheduled reporting time due to such unusual circumstances, they shall be paid for a total thirty (30) minute arrival time. 7.4 Saturday/Sunday Workweeks - Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. 7.5 Permanent Schedule Changes - Any permanent changes in the work schedule should be preceded with at least a two (2) week notice to the affected employees. 7.6 Out-of-Class Assignment - Any employee working an out-of-class assignment for four (4) hours or more shall be paid at the higher job classification at the starting rate, but in no case shall the employee receive less than $1.00 per hour additional. For the purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform the significant duties and responsibilities of a position different from the employee's regular position, and which is in a higher classification within the bargaining unit. Also for purposes of this Article, employees will be paid at the higher rate only for the hours worked at the higher rate. Formatted: Justified, Tab stops: Not at 0.25" 7.7 Upon agreement between an employee, union representative, and the department head, the City may allow employees to perform work normally associated with another position for a limited period of time (not to exceed 120 hours in a year) for purposes of furthering Council Packet Page Number 43 of 431 G3, Attachment 1 the employeeÓs development or providing variety to the job. This should be temporary in nature and must be approved in advance by both the department head and Human Resource Department. If both the employee and department head agree that this is for the employeeÓs benefit and is not detrimental to the City, the Ðout-of-classÑ language and pay requirements of the contract will not apply. Formatted: Justified 7.8 Flexible Scheduling - Non-exempt employees, who normally work eight (8) hour shifts, will be paid one and one-half (1-1/2) times the employeeÓs regular pay rate for all hours worked in excess of eight (8) hours, when required to work more than eight (8) hours. Changes of shift do not qualify an employee for overtime under this article. Non-exempt employees who normally work shifts of longer than eight (8) hours will be paid one and one half (1-1/2) times the employeeÓs regular pay rate for all hours in excess of the normal shift length. Exempt employees who work over 40 hours per workweek will be paid straight time for all hours worked. Schedule changes made by the supervisor shall be posted for fourteen (14) days prior to the effective date. At the employee's request, employees may work a shorter shift than that normally required and may make up the time on another shift, upon approval of their supervisor. When employees avail themselves of this approved flexible scheduling, they will not be eligible for overtime for the longer shift. Under no circumstances will an employee be allowed to work more than forty (40) hours in a given week due to selecting this option, if they would not have been eligible to do so prior to selecting it. Anytime an employee (who is on vacation and sick leave) is ill or injured and misses a shift of other than eight (8) hours, they will be required to use sick leave equal to the hours for which they were scheduled. (If the shift was ten (10) hours, and they miss the entire shift, they will be required to use ten (10) hours of sick leave.) If on annual leave, the employee will use annual leave in accordance with the annual leave policy. 7.9 Premium Pay Î Non-exempt employees who are required to come in before their normal work day start time for EMPLOYER shall be paid one and one half (1½) times their regular rate for their time before the start of their regularly scheduled shift. For snow plowing events, if its determined that an employee be relieved of duty during their normally regularly scheduled shift and returns later to complete the remainder of the shift, those hours worked at the return of the shift shall be paid at one and one-half (1-1/2) times the employees regular pay rate. ARTICLE 8: CALL BACK Formatted: Justified Non-exempt employees called in for work by the EMPLOYER at a time other than their normal scheduled shift will be compensated for a minimum of three (3) hours pay at one and one-half (1- 1/2) times the employee's regular pay rate. Exempt employees will receive a minimum of two hours pay at straight time. If the call-in or call- back is an extension to the regular shift, then the minimum hours provision of this clause will not apply. Council Packet Page Number 44 of 431 G3, Attachment 1 ARTICLE 9: STAND BY 9.1 A non-exempt employee shall receive a minimum pay equal to three (3) hours of overtime Formatted: Justified for each Saturday, Sunday or holiday said employee is required by the EMPLOYER to be immediately available for work. Exempt employees are not eligible for standby pay. Non-exempt employees who are placed on call will be paid two three (23) hours (at straight time) for each weekday they are required by the EMPLOYER to be immediately available for work. (A weekday is Monday through Friday, excluding holidays.) The rate of pay to be used for calculations of straight time or overtime for employees in the Maintenance Worker title (in this situation) will be Step 8 G of the Maintenance Worker II salary range. Any employee whose normal hourly wage is higher than Step 8 G of the Maintenance Worker II salary range will receive payment for any unused comp time at year-end at the rate of Step 8 G of Maintenance Worker II for the entire balance. Immediately available for work means to be able to respond to a callback within 30 minutes. Employees who will not be able to respond within that timeframe will not be eligible for callback pay. 9.2 The Facility Technician assigned to the Community Center will receive one hour of overtime each week provided that he/she wears a pager and responds to Community Center maintenance calls after hours and on days off. The employee will be eligible for callback pay when required to come in to work as provided in Article 8 but will not be eligible for callback pay for phone calls. ARTICLE 10: MEAL AND REST PERIODS An employee may take either one-half (1/2) hour or one (1) hour meal period (without pay) and Formatted: Justified two (2) fifteen (15) minute rest periods (with pay) during a normal work day at times determined by the EMPLOYER. An employee who works beyond the normal workday shall be granted a one- half (1/2) hour unpaid break after five (5) consecutive hours of work. Rest periods shall be taken at the site of working operations at the time of said periods, unless otherwise determined by the EMPLOYER. The length of the meal period will vary depending on department and job title. The normal meal period for clerical and technical employees is one hour. The normal meal period for public works and park maintenance employees is thirty (30) minutes. Exceptions can be made with approval of the immediate supervisor. ARTICLE 11: OVERTIME 11.1 Daily/Weekly Overtime - For non-exempt employees, hours worked in excess of eight (8) Formatted: Justified hours within an assigned work day or more than forty (40) hours within an assigned work week will be compensated at one and one-half (1-1/2) times the employee's regular pay rate, unless the shift length is greater than eight (8) hours. In that case, overtime eligibility begins after the regular shift is exceeded. (See Article 7--Work Schedules.) 11.2 Holidays Worked - Hours worked by non-exempt employees on holidays, except Thanksgiving, Christmas, and New Years, will be compensated for at one and one-half (1- 1/2) times the employee's regular pay rate in addition to the compensation provided in the wage schedule. Hours worked by non-exempt employees on the holidays of Thanksgiving, Christmas, and New Years will be compensated for at two (2) times the Council Packet Page Number 45 of 431 G3, Attachment 1 employee's regular pay rate in addition to the compensation provided in the wage schedule. Holidays worked by exempt employees will be paid at straight time. 11.3 Equal Distribution - Overtime will be distributed as equally as practicable. 11.4 Overtime Refused - Overtime refused by employees will, for record purposes under Section 11.3, be considered as unpaid overtime worked. 11.5 No Duplication of Overtime - For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 11.6 Computing Overtime - All paid leave time shall be considered time worked for the purpose of computing overtime. 11.7 The City will allow employees the option of accruing compensatory time in lieu of overtime pay under the following conditions: Formatted: Justified, Tab stops: Not at 0.75" Compensatory time will not be allowed where the overtime could have been anticipated in advance and have simply been a schedule change with two weeksÓ notice; Formatted: Justified, Tab stops: Not at 2" Compensatory time is not an option for positions that have to be back-filled with another employee to keep reasonable staffing levels; and Any compensatory time accrued will be capped at eighty (80) hours per year and will be cashed out at the end of the year, if not used, prior to any annual adjustment. Overtime worked in excess of the eighty- (80) hour cap will be paid during the same pay period it is earned. ARTICLE 12: PROBATIONARY PERIODS 12.1 Probationary Period - New Employees - All newly hired or rehired employees will serve a Formatted: Justified, Tab stops: Not at 0.25" nine (9) month probationary period. Effective January 1, 2023, all newly hired or rehired employees will serve a twelve (12) month probationary period. This probationary period may be extended at the discretion of the Employer for no more than ninety (90) days. The employee shall be notified of any extensions and the reasons for the extension prior to the end of the initial probationary period. At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. Formatted: Justified 12.2 Employees who previously worked for the Employer and left employment but have not been away from employment with the City of Maplewood more than one (1) year will serve a ninety (90) day probation period. This provision is only available to employees who have already worked in the same job classification for which they are being rehired at least one (1) year and who have successfully completed a probation period in the same job classification. 12.3 Probationary Period - New Classification - Effective May 5, 1999, all employees promoted or transferred will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. After the first three (3) months of this probationary period the newly transferred or promoted employee shall receive a written performance evaluation from their supervisor with written input from the employee. Council Packet Page Number 46 of 431 G3, Attachment 1 At any time during the probationary period a promoted or transferred employee may be demoted or transferred to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE 13: SENIORITY Formatted: Justified 13.1 Determining Criterion - Seniority will be the determining criterion for transfers, newly created positions and promotions only when all other qualification factors are equal. 13.2 Layoff - In the event it becomes necessary to lay off employees for any reason, employees within a given job classification shall be laid off in inverse order of their seniority in the following order: a. Probationary part-time employees b. Probationary full-time employees c. Regular (part-time and full-time) employees 13.3 Bumping - In the event of layoffs, employees may exercise their seniority rights to a job class of equal or lower pay of the least senior employee within the bargaining unit. To bump, the employee must meet the knowledge, skills, abilities and minimum qualifications, and pass normal required tests. 13.4 Recall - Employees shall be recalled from layoff according to seniority. No new employee shall be hired for a job classification for which a layoff has occurred until all employees on layoff status within that job classification have been given ample opportunity to return to work within eighteen (18) months of said layoff. The City will notify employees on layoff to return to work by registered mail at that employee's last recorded address. The employee must return to work within three (3) weeks of receipt of this notice in order to be eligible for re-employment. 13.5 Promotion Outside Bargaining Unit - Employees promoted outside the bargaining unit shall maintain their seniority in the unit for thirty (30) days. 13.6 Seniority Grievance - Disagreements between the EMPLOYER and employee relative to the use of seniority in promotions, transfers, and newly created positions is a proper subject for the grievance procedure outlined in Article 16 of this AGREEMENT. 13.7 Continuous Service - For purposes of seniority, an employee's continuous service record shall be broken by voluntary resignation, discharge for just cause or retirement. 13.8 Voluntary Transfer - If employees voluntarily transfer within the bargaining unit, they will go to the bottom of the department seniority list, except that the bargaining unit seniority will take effect in case of layoff. ARTICLE 14: JOB POSTING 14.1 Promotion From Within - The EMPLOYER and the UNION agree that permanent job Formatted: Justified Council Packet Page Number 47 of 431 G3, Attachment 1 vacancies or newly created job classifications within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: a. have the necessary qualifications to meet the standards of the job vacancy; and b. have the ability to perform the duties and responsibilities the job vacancy. 14.2 Promotional Probation - Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12--Probationary Periods. 14.3 Selection Decision - The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. It is the intent of the parties, the Employer and the Union, to attract the most qualified candidates for city service. Should the Employer look to fill any vacancies in the classes of ÐMaintenance WorkerÑ or ÐMaintenance Trainee,Ñ the Employer will make every reasonable effort to fill said vacancies at the ÐMaintenance WorkerÑ class. However, the city is not precluded from hiring a Maintenance Trainee when warranted by market conditions, budgetary limitations, or other economic factors. 14.4 Job Posting - Job vacancies within the designated bargaining unit will be posted for ten (10) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 15: DISCIPLINE The EMPLOYER will discipline employees only for just cause. ARTICLE 16: GRIEVANCE PROCEDURE/ARBITRATION 16.1 Processing of a Grievance - It is recognized and accepted by the UNION and the Formatted: Justified EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYER duties and responsibilities. The aggrieved EMPLOYEE and the UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. The designated supervisor shall schedule an approved absence within five (5) workdays after the request for absence. 16.2 Procedure - Any grievance or dispute between the parties relative to the application, meaning or interpretation of this AGREEMENT shall be settled in the following manner: Step 1. The UNION steward, with or without the employee, shall take up the grievance or dispute with the employee's immediate supervisor within twenty-one (21) calendar days after such alleged violation has occurred. The supervisor shall attempt to adjust the matter and shall respond to the steward within seven (7) calendar days. Council Packet Page Number 48 of 431 G3, Attachment 1 Step 2. If the grievance has not been settled in accordance with Step 1, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested, by the UNION steward or their designate to the proper department head within seven (7) calendar days after the supervisor's response is due. The department head or their designate will respond to the UNION steward in writing within seven (7) calendar days. Step 3. If the grievance has not been settled in accordance with Step 2, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested by the UNION steward or their designate and UNION business representative to the City Manager within seven (7) calendar days after the department head's response is due. The City Manager or their designate will respond to the UNION steward in writing within seven (7) calendar days. Step 4. If the grievance is still unsettled in accordance with Step 3, the UNION may, within fourteen (14) calendar days after the City Manager's reply is due, give notice of its intention to submit the issue to arbitration by giving written notice, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated and the remedy requested, to the other party. The arbitration proceeding shall be conducted by an arbitrator to be selected by the EMPLOYER and the UNION within seven (7) calendar days after the UNION requests such action. If the parties fail to select an arbitrator, the State Bureau of Mediation Services will be requested by either or both parties to provide a panel of five arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first name, the other party shall strike one (1) name, the process will be repeated, and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30) calendar days after the conclusion of testimony and argument. Expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION. However, each party shall be responsible for compensation of its own representatives and outside witnesses. If either party desires a verbatim record of the proceedings, it may cause such record to be made, providing it pays for the record and makes copies available at a reasonable cost to the other party and to the arbitrator. 16.3 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION without prejudice to either party. 16.4 Arbitrator's Authority - a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and Council Packet Page Number 49 of 431 G3, Attachment 1 decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not submitted. b. The arbitrator shall be without power to make decisions contrary to, inconsistent with, modifying, or varying in any way, the application of laws. ARTICLE 17: VACATION / ANNUAL LEAVE 17.1 Vacation Schedule Î Employees who work full-time and were hired prior to May 5, 2001 Formatted: Justified shall earn monthly paid vacation leave as per the following schedule: 1 - 4 years of service -- 10 working days per year 5 - 11 years of service -- 15 working days per year 12 - 20 years of service -- 20 working days per year After 20 years of service and thereafter -- 25 working days per year Part-time employees hired before May 5, 2001 who regularly work (and are on payroll at) 20 or more hours per week shall accrue vacation on a prorated basis. Employees hired prior to January 1, 2003 at 15 Î19 hours per week will be grandfathered in for eligibility to pro-rated vacation or annual leave. 17.2 Maximum Vacation Accumulation - Employees will be allowed to carry over a maximum of one and one-half (1-1/2) times his/her annual accrual rate into each successive year. (Part-time employee carryover is pro-rated based on hours worked.) 17.3 The EMPLOYER and UNION agree to incorporate the Annual Leave Program as adopted by the City Council on February 12, 2001 and revised on September 23, 2002. (See addendum) 17.4 Provisions 17.1 through 17.3 do not apply to employees who select the annual leave program. ARTICLE 18: HOLIDAYS 18.1 Holidays Observed - Full-time employees shall be compensated for a full eight (8) hour Formatted: Justified day if employed at the time of any of the following holidays (prorated for part-time employees who work (and are on payroll) at twenty (20) or more hours per week): DATE HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day July 4 Independence Day First Monday in September Labor Day November 11 Veterans Day Fourth Thursday in November Thanksgiving Day Fourth Friday in November Day after Thanksgiving Council Packet Page Number 50 of 431 G3, Attachment 1 December 25 Christmas Day When a holiday falls on a Saturday or Sunday, the City shall designate the preceding Friday or following Monday as the "observed" holiday for City operations/facilities that are closed on holidays. Overtime for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday as opposed to the "observed" holiday. Effective December 31, 2022, Juneteenth will be recognized as an observed holiday. 18.2 Personal Holidays - Full-time employees shall also receive twenty (20) hours of personal holidays per year (prorated for part-time employees who are on payroll at twenty (20) or more hours per week. The date of such personal holiday shall be approved by the EMPLOYER. 18.3 Employees hired prior to January 1, 2003 into positions that are 15-19 hours per week who remain continuously in such positions will be eligible for pro-rated holiday benefits in the same manner as they had been before that date. ARTICLE 19: SICK LEAVE 19.1 Use of Sick Leave - Full-time employees hired prior to May 5, 2001, shall accumulate sick Formatted: Justified leave at a rate of one and one-quarter (1-1/4) days per month (prorated for part-time employees who regularly work, and are on payroll at, 20 or more hours per week. Employees who work less than twenty (20) hours per week who are on the vacation and sick leave programs as of 12-31-02 will remain eligible for pro-rated sick leave as long as they remain continuously at fifteen (15) or more hours per week. Employees who are on annual leave do not accrue sick leave. Sick leave may be approved only for days when an employee would otherwise have been at their employment. It may be used, with the approval of the supervisor, in any of the following cases: a. when the employee cannot work because of the illness, injury, or disability of themselves, their children, spouse, parents, stepchildren or stepparents; b. for medical, dental, chiropractic or optical exams or treatment of the employee or the employee's children (appointments should be scheduled to minimize the disruption of the work day); c. when the employee's presence would jeopardize the health of other employees by exposing them to contagious disease. Employees shall notify the EMPLOYER at or before their normally scheduled starting time of any illness for which they wish to take sick leave. The employee must submit satisfactory proof of illness or injury by way of a doctor's certificate, if requested by the EMPLOYER. Those employees who misuse sick leave shall be subject to disciplinary action. Any action taken by the EMPLOYER under this Article shall be subject to the grievance procedure. Inappropriate patterned use of unscheduled sick leave is not the purpose of sick leave. Council Packet Page Number 51 of 431 G3, Attachment 1 Examples of patterned use include but are not limited to repeated one (1) and two (2) day absences associated with scheduled days off. Such patterns may be subject to discipline. 19.2 Sick Leave Conversion - Full-time and part-time employees hired after May 19, 1978 but Formatted: Justified before May 5, 2001 are provided, at said employee's discretion, the following sick leave conversion program in lieu of severance pay provided in Article 21. Said sick leave conversion program shall provide for the conversion of forty percent (40%) of the employee's annual earned and unused sick leave to vacation or deferred compensation after an employee has accumulated forty-five (45) days or more of sick leave as provided above. The conversion shall be made annually on January 1 at the employee's request. Conversion shall be based only on sick leave days earned and unused during the previous twelve (12) months. One-half (1/2) of the remaining annual earned and unused sick leave shall be retained as accumulated sick leave and one-half (1/2) shall be forfeited by the employee to the City at the time of conversion. The amount of sick leave earned and unused in the prior year that is eligible for conversion shall be prorated for part-time employees. 19.3 Conversion After Eight-Hundred (800) Hours - On December 31 of each year a full-time employee with eight-hundred (800) hours or more of accumulated sick leave shall be eligible to convert sick leave accumulated in the previous twelve (12) months to vacation or deferred compensation at the employee's current pay rate on the basis of two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation and deferred compensation. The amount of sick leave earned and unused in the prior year which is eligible for conversion shall be pro-rated for part-time employees. 19.4 Article 19 does not apply to employees on annual leave except as provided in the Annual Formatted: Justified, Indent: Left: 0", Hanging: 0.5", Tab stops: Not at 0.25" Leave Program (Current Sick Leave BalancesÏDeferred Sick Leave, and Severance Pay Sections). ARTICLE 20: LEAVES OF ABSENCE The EMPLOYER agrees to provide to full-time employees the following leaves of absence with Formatted: Justified reasonable written notice from the employee: 20.1 Military Leave - Military leave, with pay, for reserve training, not to exceed fifteen (15) working days per year, when ordered by the appropriate authorities. 20.2 Jury Duty Leave - Jury duty leave when ordered by the appropriate authorities. The EMPLOYER agrees to pay the difference between the employee's regular salary and jury duty pay if the jury duty pay is less than the employee's regular salary. If the jury is dismissed more than two (2) hours prior to the end of the employee's regular scheduled shift, the employee shall report to work. Employees who are scheduled to work evening or night shift will be changed to day shift for the period of time they are required to serve on jury duty. Employees must notify the City as soon as possible after receiving notification of their order to serve. 20.3 Educational Leave - Educational leaves with pay for work-related conferences and seminars which occur during regular working hours when attendance is approved by the EMPLOYER. The EMPLOYER further agrees to pay reasonable costs related to the Council Packet Page Number 52 of 431 G3, Attachment 1 above. 20.4 Funeral/Bereavement Leave - A maximum of three (3) days of funeral/bereavement leave with pay shall be extended to employees upon the death of a member of the immediate family of the employee or their spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers or sisters, sons-in-law or daughters-in-law). The maximum eligibility for funeral leave remains at 24 hours, regardless of shift length. This leave is pro- rated for part-time employees. 20.5 Parenting Leave - A. Employees who work twenty (20) or more hours per week and have been employed Formatted: Justified more than one (1) year are entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed twelve (12) weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. B. Employees are not required to use sick leave during parental leave but may use sick leave at their option for any period of this leave they are unable to work due to medical reasons. In addition, sick leave of up to three (3) days for a normal delivery and four (4) days for a caesarean delivery may be requested by employees in order to take the expectant mother to the hospital for delivery and during the days immediately following the birth including bringing the mother and child home. Employees on annual leave will use annual leave in lieu of sick leave unless they are eligible for deferred sick leave. C. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain in effect during the leave. D. If the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. Both leaves will run concurrently until eligibility for either leave expires. E. Seniority will continue to accrue during the twelve (12) week parental leave for eligible employees. Employees who have not completed their probationary period, and are therefore not covered under the law, may receive up to a maximum of two (2) weeks unpaid leave that is not adjusted for seniority with authorization of the employeeÓs supervisor and City Manager. F. Employees shall be eligible for FMLA in accordance with Federal Law. ARTICLE 21 PHONE INTERNET REIMBURSEMENT(RESERVED) Reimbursement to for Mobile Phone usage will conform with Section 20.5 of the CityÓs Employee Formatted: Font: (Default) Arial, 11 pt Handbook, as amended. Formatted: Justified ARTICLE 22: INJURY ON DUTY Formatted: Justified Employees injured in or contracting illness from actual service and thereby rendered incapable of Council Packet Page Number 53 of 431 G3, Attachment 1 performing their duty shall receive no more than their regular take-home pay during the period of incapacity without loss of sick leave for a period not exceeding ninety (90) working days per injury subject to the following conditions: a) In order to receive the benefits of this section for a period exceeding seven (7) days said injury or illness must be determined to be eligible under worker's compensation. b) In order to be eligible for the benefits of this section for a period of seven (7) days or less, the Employer must determine that the injury is "on-the-job" in nature. c) In order to be eligible for the benefits of this section, a written report of such injury must be made within twenty-four (24) hours of said injury to the Employer. d) If an Employee takes advantage of this section, all salary related benefit income (such as worker's compensation, disability benefits, etc.) must be turned over to the Employer. e) Benefits of this section shall assure the Employee of their regular pay only and shall not include allowances for overtime or other pay. f) The recipient of the benefits of this section must submit proof that reasonable efforts have been made to secure all salary related injury benefits available. g) The Employer may require a reasonable number of physical examinations by the City's Physician at reasonable times at City expense. h) The City's Physician shall determine when the Employee is able to return to work. i) This section does not apply in the case of death of an Employee, on duty or otherwise. j) The base pay of an Employee will continue until the "on-the-job" status of an injury has been determined, if said injury appears to be "on-the-job." However, if it is found that the injury is not job related, the time off will be credited to sick leave, vacation time, compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. a. In the event vacation time is used, upon the return to work of the Employee, fifty percent (50%) of future sick leave accrual may be transferred to vacation time, until such time as the accrued vacation time reaches the level it was before time off was credited to vacation time. k) Time available under this section shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. l) This section shall not be applicable if such job related injury is due to intentional negligence on the part of the Employee so injured. ARTICLE 23: INSURANCE 2022 Health Care Costs/ Contributions st 23.1 For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of Formatted: Justified the cost of employee (single) health insurance premium less $20, and 50% plus $45 Council Packet Page Number 54 of 431 G3, Attachment 1 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the ÐHDHPÑ) for either the Medica Elect/ or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor- Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/ Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/ Plan or Medica Choice Plan. d. The City shall make such deposits for single or family HRA contributions by way of pro-rata contributions every two weeks to each employeeÓs Health Reimbursement Account. 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. 23.2 For all employees hired on or after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the ÐHDHPÑ) for the Medica Elect/ plan. For any employee who chooses to participate in any other plan offered by the City, if any, the City will contribute an amount equal to the actual dollar amounts paid for single HDHP coverage 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. Council Packet Page Number 55 of 431 G3, Attachment 1 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. 2023-2025 Health Care Costs/Contributions Formatted: Font: (Default) Arial, 11 pt, Bold, Underline Formatted: Left Effective January 1, 2024, employees who elect single coverage shall contribute $15.00 per Formatted: Font: (Default) Arial, 11 pt month. Beginning in 2024, the City will offer an HSA. Formatted: Font: (Default) Arial, 11 pt The Employer and Union agree to a reopener on insurance for 2024 and 2025. Formatted: Justified 23.4 Life Insurance - The EMPLOYER shall provide a life insurance policy with a benefit Formatted: Justified, Indent: Left: 0" value of thirty-five thousand dollars ($35,000) for all full-time employees. Formatted: Justified 23.5 Long-Term Disability Insurance - The Employer will provide Long-Term Disability Insurance with the cost of such being fully paid by the EMPLOYER for full-time employees and regular part-time employees who work (and are on payroll) at 20 or more hours per week. Such Long-Term Disability Insurance shall be coordinated with other benefits provided in this contract. Employees are not eligible for vacation, sick leave and annual leave accrual while receiving Long-Term Disability payments except for hours on payroll using accrued leave. Employees who were hired into positions at 15-19 hours per week before 1-1-03 and remain continuously at 15 or more hours per week will be eligible for this benefit on a pro-rated basis as they were prior to 1-1-03. 23.6 Short-Term Disability Insurance Î The EMPLOYER agrees to provide optional short-term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the EmployeeÓs cost . Formatted: Justified, Indent: Hanging: 0.5" 23.7 If and when AFSCME is ready to negotiate a Retiree Health Savings Plan, the City will schedule a meeting to begin the process. Formatted: Justified 23.8 Employees will be eligible to elect coverage in the CityÓs optional Long-term care benefit at the employees cost, if they meet the criteria established in the plan. Council Packet Page Number 56 of 431 G3, Attachment 1 ARTICLE 24: UNIFORMS Employees in Building, Street, Park, Utility and Vehicle Maintenance shall be provided with Formatted: Justified uniforms maintained by the EMPLOYER. The EMPLOYER will provide uniforms for CSO and CSO/Paramedic positions. Lifeguard staff will be provided with three (3) sets of t-shirts and shorts annually. Engineering Techs, and Building Inspectors, Neighborhood Preservation Specialists, and Natural Resource Coordinator who regularly work in the field shall be reimbursed up to one five hundred fifty dollars ($150550.00) towards the cost of appropriate outerwear and safety toed boots upon production of proper documentation of such expenses. All other regular part-time Park and Recreation employees will be provided with three (3) shirts on an annual basis. One (1) set of appropriate outerwear will be provided for Park, Utility, and Street Maintenance Workers, the Mechanics, Engineer Technicians, Building Inspectors, Code Enforcement Officers, and the Environmental Health Officer. This outerwear is not to be used outside of City work and will normally be kept on City premises. No additional outerwear will be provided unless the outerwear was obviously ruined at work. The EMPLOYER agrees to pay up to $300 toward the replacement and maintenance of safety- toed boots annually for those employees required by the EMPLOYER to wear them. ARTICLE 25: TRAVEL AND MEAL ALLOWANCE 25.1 Mileage - The EMPLOYER agrees to pay the City-approved rate (which is tied to the IRS-Formatted: Justified approved rate) to employees as requested by the EMPLOYER to use their private vehicle for official City business. An additional five dollars ($5) per day shall be paid for required use of an employee's car on a public works construction project. If a City fleet vehicle is available, it shall be offered to the employee, but if one is not available, then Employees shall not reasonably decline to use their vehicles on and/or to construction sites when requested. 25.2 Meals - A. If employees are required to travel outside of the area in performance of their duties as a City employee, they will receive reimbursement of expenses for meals, lodging and necessary expenses incurred. However, the City will not reimburse employees for meals connected with training held within Maplewood City limits, unless meals are provided as part of the training. Reimbursement for travel expenses will be allowed at coach rates for air travel. B. For in state training approved by the City Manager, the Employer will pay for the conference fees, transportation costs and reasonable costs for meals and lodging for full-time employees. C. Expenses for meals, including sales tax and gratuity, will be reimbursed according to the following limits and procedures. No reimbursement will be made for alcoholic beverages. Per diem meal and incidental expenses as set forth in the annual General Services Administration Meals and Incidentals Expenses Table located on the internet at www.gsa.gov/mie will be allowed without receipts being required. Seventy five percent of the per diem is allowed for travel days as set forth in that table. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. Council Packet Page Number 57 of 431 G3, Attachment 1 Also, if a meal is provided as part of the training, seminar, conference or other event being attended, an appropriate deduction shall also be made for that meal. Full reimbursements, over the maximums specified, will be authorized for all employees if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations. ARTICLE 26: PERSONNEL FILES A copy of any material to be placed in an employee's personnel file during the term of this Formatted: Justified AGREEMENT shall be provided to said employee. All disciplinary action material more than three (3) years old will not be used in further disciplinary actions. The EMPLOYER will remove past discipline from the employeeÓs personnel file if there has been no further discipline within the past five (5) years. ARTICLE 27: NONDISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group Formatted: Justified without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 28: LEGAL DEFENSE 28.1 No Legal Defense - Employees involved in litigation because of negligence, ignorance of Formatted: Justified laws, non-observance of laws, or as a result of employee judgmental decision outside the scope of their employment may not receive legal defense by the City. 28.2 Reimbursement for Legal Defense - Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of their employment, when such act is performed in good faith and under direct order of their supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE 29: REQUIRED LICENSES The City agrees to reimburse employees for job related required licenses or certifications and Formatted: Justified renewal of same, except driver licenses. ARTICLE 30: SAFETY 30.1 Joint Safety Î The Employer and the Bargaining Group agree to jointly promote safe and Formatted: Justified healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 30.2 Safety Committee Î The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. Council Packet Page Number 58 of 431 G3, Attachment 1 ARTICLE 31: LEADPERSON Formatted: Justified Lead persons shall receive a pay differential according to the Wage Schedule in Appendix C for that period of time that they are assigned the duties of any crew chief position or that of building Maintenance Supervisor by the appropriate department head or designated supervisor. ARTICLE 32: TOOLS Those employees classified as mechanics (Mechanic Crew Chief, Heavy Equipment Mechanic Formatted: Justified and VEM Technician) shall be paid an annual tool allowance of up to $600 effective 1-1-2021 and thereafter on the condition that employees provide receipts and they are reimbursed based on the receipts. Said mechanics agree to provide, at no expense to the City, all basic tools (including metric) necessary for the performance of their jobs, excluding special tools. The City will provide all special tools required to perform the duties of the job. The annual tool allowance will be pro-rated in the first and last year of employment based on percentage of the year worked. In addition, the supervisor must approve all tool reimbursements allowed by this provision in an employeeÓs last year of service with the City. ARTICLE 33: EDUCATION Formatted: Justified 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 34: RESERVED ARTICLE 35: WAGE SCHEDULE 35.1 Wage Adjustment: Formatted: Justified Employees shall receive the following Wage Adjustment A 3% increase in base pay Formatted: Justified, Indent: First line: 0.5" If the Employer agrees to any better general wage adjustment increases for any other Formatted: Justified bargaining groups in 2017-2018, then the City shall apply those same increases to this Agreement as well. Effective January 1, 2023, employees will be placed on the step in the new pay plan at Formatted: Indent: Left: 0.5", First line: 0" the designated grade that provides a wage rate that is equal to or greater than the Council Packet Page Number 59 of 431 G3, Attachment 1 employeeÓs December 31, 2022 base wage. 1.00% general wage increase effective January 1, 2023 to be calculated after implementation of new step plan 1.0% general wage increase effective July 1, 2023 1.5% general wage increase effective January 1, 2024 1.5% general wage increase effective June 29, 2024 1.5% general wage increase effective January 1, 2025 1.5% general wage increase effective June 28, 2025 Employees whose December 31, 2022 base wage exceeds the new Step G shall have Formatted: Indent: Left: 0.5", First line: 0" their wage rate red circled. Said employees shall receive any general wage increase in a non-base lump sum. Employees whose December 31, 2022 base wage exceeds the new Step G by more than 10% are not eligible for a general wage increase or a non-base lump sum payment. Formatted: Justified 35.2 New Salary Ranges Î New salary ranges are adopted with the 2001-20022023 contract. Employees who had previously been at longevity steps that pay more than the new ranges will be able to retain their pay rates and will be eligible for cost-of-living increases. The new salary ranges have eight seven (87) steps. Movement within the range is based on a combination of time in position and performance. Employees will be eligible for step movement once per year on their anniversary date until they reach Step 8. If an employee received a performance rating that is below satisfactory (below good) on any of the major performance dimensions, their step movement will be delayed until such time as they have received two consecutive fully satisfactory performance reviews. Once a delayed increase is provided, the new eligibility date for pay increases for that employee will change to the date the delayed increase went into effect. Employees will normally be hired at Step 1 of the range. Exceptions can be approved by the City Manager. Employees who are promoted will move to a step which gives them an increase over their pre-promoted pay rate. Maintenance workers will be appointed to Maintenance Worker II position upon reaching Formatted: Indent: Left: 0.5" ten (10) years of experience as a Maintenance worker. Employees must have a Class A certification to be eligible for appointment to Maintenance Worker II. In addition to the hourly rates provided in the Contract, $120 per month will be paid in Formatted: Justified deferred compensation to each full-time employee, beginning 01/01/13. Those with 10 years of service will receive an additional $5/month (to $125) Those with 15 years of service will receive an additional $10 (to $130) Those with 20 years of service will receive an additional $15 (to $135) Those with 25 years of service will receive an additional $20 (to $140) Deferred Compensation is pro-rated for part-time employees who work 20 hours per week or more (and for those who work 15-19 hours/week who were grand-fathered in on 1-1- 03). Those who work less than 20 hours per week and who were hired 1-1-03 or after are not eligible for city-paid deferred compensation. Council Packet Page Number 60 of 431 G3, Attachment 1 All deferred comp payments set forth above shall only be paid if the Employee matches the contribution from the City. If the EmployeesÓ contribute a lesser amount than set forth above, the Employer will match the lesser amount. Formatted: Justified, Indent: Left: 0", Tab stops: Not at 35.3 City shall provide a fully paid single annual membership to the Maplewood Community 0.25" Center (MCC) and for those employees who request it, the City shall pay 50% and the employee shall pay 50% towards an annual family membership at the MCC. ARTICLE 36: WAIVER 36.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations Formatted: Justified regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 36.2 The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. 36.3 The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 37: SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the Formatted: Justified signed municipality. In the event any provision of this agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. ARTICLE 38: DURATION This AGREEMENT shall be effective January 1, 20222023, and shall remain in full force and effect until the thirty-first (31st) day of December2022December 2025. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 20222023. FOR THE CITY: FOR THE UNION: Council Packet Page Number 61 of 431 G3, Attachment 1 ___________________________________ ________________________________ Mayor Field Representative ___________________________________ ________________________________ City Manager Local President ___________________________________ ________________________________ Human Resource Department Negotiations Team Member ________________________________ Negotiations Team Member Council Packet Page Number 62 of 431 G3, Attachment 1 APPENDIX A A.F.S.C.M.E. January 1, 2022 - December 31, 2022 (3.0% increase) Step 1 2 3 4 5 6 7 8 Accountant 34.79 36.52 38.36 40.25 41.46 42.70 43.57 44.44 Accounting Technician 25.52 26.79 28.14 29.53 30.40 31.33 31.95 32.61 Administrative Assistant 24.68 25.90 27.19 28.57 29.43 30.31 30.90 31.52 Building Inspector 33.41 35.07 36.82 38.68 39.84 41.04 41.84 42.67 Building Inspector Apprentice 26.73 28.07 29.46 30.92 31.86 32.80 33.50 34.12 Building Maintenance Worker 22.22 23.34 24.47 25.70 26.48 27.27 27.82 28.36 Civil Engineer I 35.39 37.15 39.04 40.96 42.21 43.47 44.34 45.24 Civil Engineer II 38.94 40.89 42.94 45.09 46.44 47.81 48.77 49.74 Communications Coordinator 37.27 39.13 41.09 43.13 44.42 45.76 46.67 47.61 CSO 22.53 23.66 24.81 26.06 26.88 27.68 28.20 28.79 Customer Service Specialist 22.77 23.90 25.11 26.37 27.13 27.94 28.53 29.09 Deputy City Clerk 27.78 29.17 30.63 32.17 33.14 34.13 34.81 35.51 Digital Communication Specialist 23.20 24.35 25.57 26.85 27.66 28.47 29.05 29.63 Engineering Technician 26.64 28.01 29.41 30.87 31.80 32.73 33.41 34.04 Engineering Technician, Sr33.05 34.67 36.41 38.23 39.38 40.57 41.39 42.21 Neighbohood Preservation Specialist 31.48 32.10 34.70 36.44 37.53 38.66 39.44 40.22 Environmental Health Official 33.72 35.40 37.17 39.04 40.20 41.41 42.23 43.07 Environmental Planner 39.11 41.08 43.13 45.29 46.65 48.05 49.01 50.02 Facility Technician 23.20 24.35 25.57 26.85 27.66 28.47 29.05 29.63 Heavy Equipment Mechanic 26.45 27.76 29.13 30.62 31.53 32.50 33.14 33.80 Maintenance Worker 25.80 27.08 28.43 29.89 30.77 31.68 32.31 32.97 33.03 33.63 Maintenance Trainee 23.44 24.58 0.00 0.00 0.00 0.00 0.00 0.00 Mechanic Crew Chief 29.08 30.54 32.07 33.68 34.67 35.71 36.42 37.15 Office/Licensing/PD Records Spec. 22.77 23.90 25.11 26.37 27.13 27.94 28.53 29.09 Park Maintenance Crew Chief 28.36 29.80 31.28 32.81 33.86 34.84 35.54 36.26 Planner 34.01 35.73 37.52 39.38 40.57 41.79 42.63 43.50 Property Room Technicians 23.20 24.35 25.57 26.85 27.66 28.47 29.05 29.63 Recreation Program Coordinator28.39 29.82 31.30 32.87 33.87 34.87 35.56 36.28 Sanitary Sewer Crew Chief 28.36 29.80 31.28 32.81 33.86 34.84 35.54 36.26 Storm Sewer Crew Chief 28.36 29.80 31.28 32.81 33.86 34.84 35.54 36.26 Street Maintenance Crew Chief 28.36 29.80 31.28 32.81 33.86 34.84 35.54 36.26 VEM Technician 22.45 23.57 24.75 26.00 26.75 27.58 28.13 28.71 Natural Resource Coordinator 27.85 29.24 30.71 32.22 33.20 34.23 34.92 35.60 Council Packet Page Number 63 of 431 G3, Attachment 1 Council Packet Page Number 64 of 431 G3, Attachment 1 Council Packet Page Number 65 of 431 G3, Attachment 1 APPENDIX B DIFFERENTIAL PAY A. Employees operating the following equipment shall be paid a differential of $2.00 per hour in addition to their regular wage while they operate the following heavy equipment: Motor Patrol (Road Grader) Pick-Up Sweeper Mini-Hoe Roller (6 ton or over) Traxcavator Bulldozer Backhoe/Loader Snow Wings when in use Tractor (no cab) w/ mowing attachment Tanker Operator JetVac (Aquatech) when used as a combination machine Front-End Loader (if operated by an employee over one (1) continuous hour in a given day) Bucket Truck (tree trimmer) Tool Cat (sidewalk/trail snowplow) Paver B. Differential pay for leadperson shall be $1.08 per hour. (See Article 31) . Council Packet Page Number 66 of 431 G3, Attachment 1 APPENDIX C CITY OF MAPLEWOOD ANNUAL LEAVE PROGRAM A. It is the policy of the City of Maplewood to provide paid time away from work to eligible Formatted: Justified employees. This policy is implemented by means of the Annual Leave Program, which covers all paid leave previously available under the CityÓs vacation and sick leave benefits. The Annual Leave Program does not include designated or personal holidays, funeral leave, military leave or court leave. With the adoption of this program, the City firmly accepts and endorses the principles of consistency, flexibility, personal responsibility, and the recognition of years of service. The traditional paid vacation and sick leave programs have been in place for many years. These programs are highly structured with extensive rules applied to their use. These rules may not provide the best ÐfitÑ for the circumstances of individual employees and their immediate and extended families. As of May 5, 2001, the Annual Leave Program replaced individual vacation and sick leave plans and combined them into a single benefit program. Annual leave is provided to all employees hired on or after that date. Employees hired prior to May 5, 2001 had the option to convert to annual leave or remain in the sick leave and vacation plans. B. Employees accrue annual leave based on length of service with the City. This means that employees all receive the same amount of paid time off, regardless of their personal or family situation. Plan provisions discourage unnecessary utilization by providing cash and savings incentives. Any sick leave or vacation time that an employee may have used under the Family and Medical Leave or Parenting Leave policies will become annual leave. The legal requirements of the time off and continuation of insurance contributions under those laws remain unchanged. (This means the City will contribute the same amounts toward health and dental insurance premiums while employees are on family and medical leave as they do under the vacation and sick leave programs.) Annual leave can be used for any reason, subject only to necessary request and approval procedures consistent with policy and labor contracts. As with all paid time off programs, we need to ensure that service to the public and work requirements are not adversely impacted. C. Medical Certification - Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctorÓs certificate may still be required. It shall state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of their position. A statement attesting to the employeeÓs ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before Council Packet Page Number 67 of 431 G3, Attachment 1 the employee returns to work. (If an unplanned absence is not viewed as a problem by the employeeÓs supervisor, a doctorÓs statement will not be required.) D. Accrual Rates - Years of Service Annual Accrual Rates 1 - 4 Years 19 days 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part- time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part-time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro-rated annual leave. Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as Ðdeferred sick leaveÑ until the balance was exhausted. Deferred sick leave can be used for any doctor-certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for two (2) or more consecutive days. If an employee knows they will be out for two (2) or more consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they knowÏin advanceÏthey will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within two (2) days, they will use annual leave. If the medical condition extends beyond the two (2) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances - Unused vacation balances were converted to annual leave on a one- for-one basis for employees who converted from vacation/sick leave to annual leave. Council Packet Page Number 68 of 431 G3, Attachment 1 G. Banked Personal Holiday Hours - Employees who had banked personal holiday hours that were earned and unused prior to March,1984 had the option to cash them out at their current hourly rate during the open window period or to retain them. H. Short-Term Disability Insurance - The City adopted an optional short-term disability insurance program effective October 1, 2001. The cost of this coverage will be paid by the employee, if the employee elects coverage. For employees who elect this coverage, the benefits will begin after an employee is out for thirty (30) calendar days. The City also has a long-term disability program in place where benefits begin at ninety (90) calendar days. Short-term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay provided by short- and long-term disability insurance payments and their regular take-home pay. Employees without a deferred sick leave bank may use annual leave for this purpose. I. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). J. Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion - There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and/or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 2001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one-for-one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed forty (40) hours, may be converted each year provided the employee has used a minimum of 30% of their annual accrual during the current calendar year and has a minimum balance of at least 176 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the employeeÓs current hourly rate on December 1. Conversion to cash or deferred compensation will occur in the second payroll of the following year with specific dates to be determined by the Finance Department each year. Finance will notify all employees who have annual leave in November of each year as to the dates and conversion options. The conversion will be part of regular payroll and will not be paid Council Packet Page Number 69 of 431 G3, Attachment 1 in a separate check. Regular rate for the purpose of this policy is the employeeÓs straight time rate not including overtime, pay differentials, out-of-class adjustments or any other additions to regular pay. Council Packet Page Number 70 of 431 G3, Attachment 2 20222023-2025 LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND THE METRO SUPERVISORY GROUP Council Packet Page Number 71 of 431 G3, Attachment 2 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT .......................................................................................................... 1 ARTICLE 2: RECOGNITION ................................................................................................................................ 1 ARTICLE 3: DEFINITIONS ................................................................................................................................... 1 ARTICLE 4: GROUP SECURITY ......................................................................................................................... 2 ARTICLE 5: EMPLOYER SECURITY .................................................................................................................. 3 ARTICLE 6: EMPLOYER AUTHORITY ................................................................................................................ 3 ARTICLE 7: WORK SCHEDULES ....................................................................................................................... 3 ARTICLE 8: MEAL AND REST PERIODS ........................................................................................................... 4 ARTICLE 9: PROBATIONARY PERIODS ............................................................................................................ 4 ARTICLE 10: SENIORITY .................................................................................................................................... 4 ARTICLE 11: JOB POSTING ............................................................................................................................... 5 ARTICLE 12: DISCIPLINE .................................................................................................................................... 5 ARTICLE 13: GRIEVANCE PROCEDURE/ARBITRATION ................................................................................. 6 ARTICLE 14: ANNUAL LEAVE ............................................................................................................................ 7 ARTICLE 15: HOLIDAYS ..................................................................................................................................... 8 ARTICLE 17: LEAVES OF ABSENCE ............................................................................................................... 89 ARTICLE 18: INJURY ON DUTY ......................................................................................................................... 9 ARTICLE 19: INSURANCE ................................................................................................................................ 10 ARTICLE 20: UNIFORMS .............................................................................................................................. 1314 ARTICLE 21: TRAVEL AND MEAL ALLOWANCE ............................................................................................. 14 ARTICLE 22: PERSONNEL FILE ....................................................................................................................... 14 ARTICLE 23: NONDISCRIMINATION ................................................................................................................ 15 ARTICLE 24: LEGAL DEFENSE ........................................................................................................................ 15 ARTICLE 25: REQUIRED LICENSES ................................................................................................................ 15 ARTICLE 26: WAGE SCHEDULE ...................................................................................................................... 15 ARTICLE 27: SAFETY .................................................................................................................................... 1716 ARTICLE 28: WAIVER ................................................................................................................................... 1716 ARTICLE 29: SAVINGS CLAUSE ...................................................................................................................... 17 ARTICLE 30: DURATION ............................................................................................................................... 1817 APPENDIX A ...................................................................................................................................................... 18 APPENDIX B .................................................................................................................................................. 1819 Council Packet Page Number 72 of 431 G3, Attachment 2 ARTICLE 1: PURPOSE OF AGREEMENT This Agreement entered into as of January 1, 20222023 between the City of Maplewood, Formatted: Justified Minnesota, Municipal Corporation, hereinafter called ÐEmployerÑ and /or ÐCityÑ, and Metro Supervisory GROUP hereinafter called the ÐCollective Bargaining GroupÑ and/or ÐGroup.Ñ It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreements interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the partiesÓ agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION Formatted: Justified The Employer recognizes the GROUP as the exclusive representative under Minnesota Statutes, Section 179A.03 Subd. 8 as an appropriate bargaining unit consisting of those who supervise other Maplewood employees; except for those supervisors who report directly to the City Manager. ARTICLE 3: DEFINITIONS 3.1 Metropolitan Supervisory GROUP (GROUP) Formatted: Justified 3.2 Employer - The City of Maplewood, Minnesota. 3.3 Employee - A member of the exclusively recognized bargaining GROUP as set forth in Article 2 of this Agreement employed by the City of Maplewood. 3.4 Base Pay Rate - Employee's hourly pay rate exclusive of longevity pay or any other special allowances. 3.5 Seniority - Employee's length of continuous service with the Employer. 3.6 Severance Pay - Payment made to an Employee upon termination of employment as provided in Article 19.7. 3.7 Grievance - A dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 1 Council Packet Page Number 73 of 431 G3, Attachment 2 3.8 Regular Full-Time Employee - An Employee who is holding a position with the City of Maplewood, that is not temporary or seasonal in nature and is expected to work at least forty (40) hours per week. 3.9 Regular Part-Time Employee- An Employee who regularly works more than fourteen (14) hours per week, but less than forty (40) hours per week, year-round in an on-going position. The Employee receive a prorated portion of city provided benefits. 3.10 Job Class Seniority Î EmployeeÓs length of continuous service in a job classification. 3.11 Exempt - Not covered by the federal and state Fair Labor Standards Act overtime requirements. 3.12 Non-Exempt - Covered by the federal and state Fair Labor Standards Act overtime requirements. ARTICLE 4: GROUP SECURITY In recognition of the GROUP as the exclusive representative, the Employer shall: Formatted: Justified 4.1 Group Stewards. The GROUP may designate certain Employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 4.2 Initiation Fees. Deduct an amount sufficient per pay period to provide the payment of initiation fees established by the GROUP from the wages of all Employees who have authorized in writing such deduction. 4.3 Fair Share Fees. Deduct fair share fees in accordance with Minnesota Statutes, Section 179A.06, Subd. 3 and remit such deduction, with an itemized statement, to the appropriate designated officer of the GROUP within ten (10) days following said deduction. 4.4 GROUP Dues. Deduct, each payroll period, an amount sufficient to provide the payment of dues established by the GROUP from the wages of all Employees who have authorized such deduction. Remit such deduction with an itemized statement to the appropriate designated officer of the GROUP within ten days following said deduction. 4.5 Bulletin Board. Furnish and maintain one (1) bulletin board in a convenient place which may be used by the GROUP for posting of proper notices and bulletins at each location where Employees are regularly scheduled. 4.6 Release time for negotiations and grievances (mediation/arbitration). During each round of negotiations and grievance situations involving mediation/arbitration, two stewards will be allowed to meet with City representatives for the purpose of conducting GROUP business as provided by State Statute. During the course of the stewards normal work day, the Employer agrees to allow reasonable time away from their work duties, without loss of pay. Stewards, however, are not eligible for pay when they are off-duty and/or are on an approved leave. 2 Council Packet Page Number 74 of 431 G3, Attachment 2 4.7 The GROUP agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this article. ARTICLE 5: EMPLOYER SECURITY Formatted: Justified The GROUP agrees that during the term of this Agreement the GROUP will not cause, encourage, participate in or support any strike, intentional slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 6: EMPLOYER AUTHORITY 6.1 The Employer retains the full and unrestricted right to operate and manage all staff, Formatted: Justified facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. 6.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 7: WORK SCHEDULES 7.1 Normal Workday/Work Week. The sole authority for determining work schedules is the Formatted: Justified Employer. The Employee, with the approval of the supervisor, may work a flexible schedule. The normal workday for a non-exempt Employee shall be eight (8) hours; normal hours that Employer offices are open for business are 8:00 a.m. to 4:30 p.m.; and the normal workweek shall be forty (40) hours Monday through Friday. 7.2 Regular Shifts. Service to the public may require the establishment of regular shifts other than the normal work day or work week. The Employer will give advance notice to Employees affected by the establishment of workdays different from the Employee's normal workday. 7.3 Unusual Work Circumstances. In the event that work is required because of unusual circumstances such as, but not limited to, fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal workday be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call-backs, if requested, unless unusual circumstances prevent him/her from so working. 7.4 Service to the public may require the establishment of regular workweeks that include work on Saturdays and/or Sundays. 7.5 Any permanent changes in the work schedule should be preceded with a four (4) week notice to the affected Employees. 3 Council Packet Page Number 75 of 431 G3, Attachment 2 7.6 Out-of-Class Assignment. Any Employee working an out-of-class assignment for four (4) hours or more shall be paid at a rate within the higher job classification, but in no case shall the Employee receive less than 5% per hour additional. For the purposes of this Article, an out-of-class assignment is defined as an assignment of an Employee to perform the significant duties and responsibilities of a position different from the EmployeeÓs regular position, and which is in a higher classification within the bargaining unit. Also for purposes of this Article, Employees will be paid at the higher rate only for the hours worked at the higher rate. 7.7 Exempt Employees. Employees are normally required to work the number of hours necessary to fulfill their responsibilities including evening meeting and/or on-call hours. The normal hours of business are Monday through Friday, 8 a.m. to 4:30 p.m. Exempt employees are required to use paid leave when on personal business or away from the office for four (4) hours or more, on a given day. Absences of less than four (4) hours do not require use of paid leave as it is presumed that the staff member regularly puts in extra hours above and beyond the normal 8 a.m. to 4:30 p.m. Monday through Friday requirement. All exempt positions may also require work beyond forty (40) hours per week. In recognition for working extra hours, these Employees may take time off during their normal working hours with supervisory approval. ARTICLE 8: MEAL AND REST PERIODS An Employee may take an unpaid one (1) hour meal period and two (2) fifteen (15) minute Formatted: Justified rest periods (with pay) during a normal workday at times determined by the Employer. Rest periods shall be taken at the site of working operations. ARTICLE 9: PROBATIONARY PERIODS 9.1 All newly hired or rehired Employees will serve a one (1) year probationary period. At any Formatted: Justified time during the probationary period a newly hired or re-hired Employee may be terminated at the sole discretion of the Employer. 9.2 All Employees promoted or transferred will serve a six (6) month probationary period in any job classification in which the Employee has not served a probationary period. At any time during the probationary period a promoted or reassigned Employee may be reassigned to the Employee's previous position at the sole discretion of the Employer. 9.3 At any time during the first thirty (30) calendar days of the probationary period a promoted Employee may be reassigned to the Employee's previous position at the discretion of the Employer. ARTICLE 10: SENIORITY 10.1 In the event it becomes necessary to lay off Employees for any reason, Employees within Formatted: Justified a given job classification shall be laid off in inverse order of their job class seniority in the following order: a. Probationary part-time Employees 4 Council Packet Page Number 76 of 431 G3, Attachment 2 b. Probationary full-time Employees c. Regular part-time Employees d. Regular full-time Employees 10.2 Employees shall be recalled from layoff according to their job classification seniority. No new Employee shall be hired for a job classification for which a layoff has occurred until all Employees on layoff status within that job classification have been given ample opportunity to return to work within eighteen (18) months of said layoff. The Employer will notify Employees on layoff to return to work by registered mail, at that Employee's last recorded address. The Employee must return to work within three (3) weeks of receipt of this notice to be eligible for re-employment. 10.3 Employees promoted or transferred outside the bargaining unit shall maintain their job classification seniority in the unit for thirty (30) days. 10.4 The Employer agrees to provide the GROUP, upon request, a seniority list not more than four (4) times per year. 10.5 For purposes of seniority, an Employee's continuous service record shall be interrupted through voluntary resignation, discharge for just cause and retirement. ARTICLE 11: JOB POSTING 11.1 The Employer and the GROUP agree that regular job vacancies or newly created job Formatted: Justified classifications within the designated bargaining unit shall be filled based on the concept of promotion from within, provided applicants: a. meet the qualifications of the job; and b. can perform the duties and responsibilities of the job. 11.2 The Employer has the right of final decision in the selection of Employees to fill jobs based on qualifications, abilities and experience. 11.3 Job vacancies within the designated bargaining unit will be posted for ten (10) working days so members of the bargaining unit can be given first consideration for such vacancies. ARTICLE 12: DISCIPLINE 12.1 The Employer will discipline Employees for just cause only. Discipline will be in one or Formatted: Justified more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 5 Council Packet Page Number 77 of 431 G3, Attachment 2 12.2 All forms of discipline referenced in Article 12.1 will be provided to the employee in written form. ARTICLE 13: GRIEVANCE PROCEDURE/ARBITRATION 13.1 It is recognized and accepted by the GROUP and the Employer that processing of Formatted: Justified grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employer duties and responsibilities. The aggrieved Employee and the GROUP representative shall be allowed a reasonable amount of time, without loss in pay, when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the GROUP representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. The designated supervisor shall schedule an approved absence within five (5) workdays after the request for an absence has been requested. 13.2 Any grievance or dispute between the parties relative to the application, meaning or interpretation of this Agreement shall be settled in the following manner: Step 1. The GROUP steward, with or without the Employee, shall present the grievance or dispute to the Employee's immediate supervisor within twenty-one (21) calendar days after such alleged violation has occurred; except in cases of discharge which must have a written grievance filed within five (5) working days after discharge of the Employee. The supervisor shall attempt to resolve the matter and shall respond to the steward within seven (7) calendar days. Step 2. If the grievance has not been settled in accordance with Step 1, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, by the GROUP steward or his/her designee to the proper supervisor within fourteen (14) calendar days after the supervisor's response is due. The supervisor or his/her designee will respond to the GROUP steward in writing within seven (7) calendar days. Step 3. If the grievance has not been settled in accordance with Step 2, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, by the GROUP steward or his/her designee and GROUP business representative to the City Manager within fourteen (14) days after the supervisor's response is due. The City Manager or his/her designee will respond to the GROUP steward in writing within seven (7) calendar days. Step 4. If the grievance is still unsettled in accordance with Step 3, the GROUP may, within fourteen (14) calendar days after the City Manager's reply is due, give notice of its intention to submit the issue to arbitration by giving written notice, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, to the other party. The arbitration proceeding shall be conducted by an arbiter to be selected by the 6 Council Packet Page Number 78 of 431 G3, Attachment 2 Employer and the GROUP within seven (7) calendar days after the GROUP requests such action. If the party fails to select an arbiter, the State Bureau of Mediation Services will be requested by either or both parties to provide a panel of seven (7) arbiters. Both the Employer and the GROUP shall have the right to strike three (3) names from the panel. The GROUP shall strike the first name, the other party shall strike one (1) name, the process will be repeated, and the remaining person shall be the arbiter. The decision of the arbiter shall be final and binding on the parties, and the arbiter shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of testimony and argument. Expenses for the arbiter's services and proceedings shall be borne equally by the Employer and the GROUP. However, each party shall be responsible for compensation of its own representative and outside witnesses. If either party desires a verbatim record of the proceedings, it may cause such record to be made, providing it pays for the record and makes copies available at a reasonable cost to the other party and to the arbiters. 13.3 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EmployerÓs last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the GROUP may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the Employer and the GROUP without prejudice to either party. 13.4 Arbitrator's Authority - The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the GROUP, and shall have no authority to make a decision on any other issue not submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws. ARTICLE 14: ANNUAL LEAVE 14.1 The Employer and GROUP hereby incorporate the Annual Leave Program as adopted by Formatted: Justified the City Council on February 12, 2001, and as amended on September 23, 2002, into this Agreement. (See Appendix CB) 14.2 All Employees, will accrue annual leave in accordance with the following schedule: Years of Service Annual Accrual Rates st through 4th years of service 19 days (152 hours per year) 1 th 5 through 11th years of service 24 days (192 hours per year) th 12 through 20th years of service 29 days (232 hours per year) After 20 years of service 34 days (272 hours per year) 14.3 Annual leave will accrue on a pay-period basis for up to sixty-two (62) days. Employees 7 Council Packet Page Number 79 of 431 G3, Attachment 2 can carry over up to their full balance of accrued annual leave as long as the total balance never exceeds the sixty-two (62)-day cap. No additional accrual will occur above the cap. ARTICLE 15: HOLIDAYS 15.1 Regular full-time Employees shall be compensated for a full eight (8) hour day pro-rated Formatted: Justified for regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week if the Employee is employed during any of the following ten (10) holidays: DATE HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day June 19 Juneteenth July 4 Independence Day First Monday in September Labor Day November 11 Veterans Day Fourth Thursday in November Thanksgiving Day Fourth Friday in November Day after Thanksgiving December 25 Christmas Day 15.2 Holiday Pay. Exempt Employees shall receive time off at their regular rate of pay for all hours (up to eight (8) hours) worked on a holiday, in addition to the compensation provided in section 15.1. These hours will be recorded on their timesheet and can be used as time off anytime that calendar year. If the hours earned are not used by the end of the year, they will be rescinded. When holidays fall on a Saturday or Sunday, the Employer shall designate the preceding Friday or following Monday as the "observed" holiday for Employer operations/facilities that are closed on holidays. Time off for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday not for the "observed" holiday. 15.3 Personal Holidays. In addition to the holidays listed in 15.1, employees shall receive twenty hours (20) personal holidays per year. Personal holidays shall be pro-rated for regular part-time Employees who work (or are on payroll) twenty (20) or more hours per week. The date of such personal holiday shall be approved by the Employer. The hours must be used during the year and will not carry over to the next year. Any unused hours st as of December 31 will be converted to the employeeÓs Retiree Health Savings Plan. ARTICLE 16: (RESERVED) ARTICLE 17: LEAVES OF ABSENCE Formatted: Justified The Employer agrees to provide regular full-time and regular part-time Employees the following leaves of absence with reasonable written notice from the Employee: 8 Council Packet Page Number 80 of 431 G3, Attachment 2 17.1 Military Leave. Military leave with pay for reserve training, not to exceed fifteen (15) working days per year, when ordered by the appropriate authorities. Military leave in excess of fifteen working days shall be awarded in accordance with State and Federal law. 17.2 Jury Duty Leave. Jury duty leave, when such leave has been ordered by the appropriate authorities. The Employer agrees to pay the difference between the Employee's regular salary and jury duty pay, minus mileage, meal or expense reimbursement, if the jury duty pay is less than the Employee's regular salary. If the jury is dismissed more than two (2) hours prior to the end of the Employee's regularly scheduled shift, the Employee shall report to work. Employees must notify the City as soon as possible after receiving notification of their order to serve. 17.3 Educational Leave. Educational leaves, with pay, for work-related conferences and seminars, which occur during regular working hours, when attendance is approved by the Employer. The Employer further agrees to pay reasonable costs related to the above types of educational leave. 17.4 Funeral/Bereavement Leave. A maximum of three (3) normal workdays of funeral/bereavement leave, with pay, shall be extended to a regular full-time Employee upon the death of their spouse or another member of the immediate family of said Employee or his/her spouse (i.e. children, sons-in-law, daughters-in-law, grandchildren, parents, grandparents, brothers, sisters, legal guardian or individuals who are under an Employee's or spouse's legal guardianship) for attendance at the funeral or other demonstrated need in relation thereto. The actual time off, and the number of hours of funeral leave approved, will be determined by the supervisor depending on the individual arrangements to be made, distance to the funeral, etc. Funeral leave provided in accordance with this article will be pro-rated for part-time Employees. ARTICLE 18: INJURY ON DUTY Employees injured in or contracting illness from actual service and thereby rendered incapable of Formatted: Justified performing their duty shall receive no more than their regular take-home pay during the period of incapacity without loss of sick leave for a period not exceeding ninety (90) working days per injury subject to the following conditions: a) In order to receive the benefits of this section for a period exceeding seven (7) days said injury or illness must be determined to be eligible under worker's compensation. b) In order to be eligible for the benefits of this section for a period of seven (7) days or less, the Employer must determine that the injury is "on-the-job" in nature. c) In order to be eligible for the benefits of this section, a written report of such injury must be made within twenty-four (24) hours of said injury to the Employer. d) If an Employee takes advantage of this section, all salary related benefit income (such as worker's compensation, disability benefits, etc.) must be turned over to the Employer. 9 Council Packet Page Number 81 of 431 G3, Attachment 2 e) Benefits of this section shall assure the Employee of their regular pay only and shall not include allowances for overtime or other pay. f) The recipient of the benefits of this section must submit proof that reasonable efforts have been made to secure all salary related injury benefits available. g) The Employer may require a reasonable number of physical examinations by the City's Physician at reasonable times at City expense. h) The City's Physician shall determine when the Employee is able to return to work. i) This section does not apply in the case of death of an Employee, on duty or otherwise. j) The base pay of an Employee will continue until the "on-the-job" status of an injury has been determined, if said injury appears to be "on-the-job." However, if it is found that the injury is not job related, the time off will be credited to sick leave, vacation time, compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. a. In the event vacation time is used, upon the return to work of the Employee, fifty percent (50%) of future sick leave accrual may be transferred to vacation time, until such time as the accrued vacation time reaches the level it was before time off was credited to vacation time. k) Time available under this section shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. l) This section shall not be applicable if such job related injury is due to intentional negligence on the part of the Employee so injured. ARTICLE 19: INSURANCE 2019 Health Care Costs/Contributions Formatted: Justified 19.1 Health Insurance Î 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 or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor- Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/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 10 Council Packet Page Number 82 of 431 G3, Attachment 2 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. 19.2 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 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. 1. For newly hired employees, who have successfully completed one year of employment, the contribution shall be $1,800. iii. $2,700 annually into a HRA for those employees who elect family coverage. 1. For newly hired employees, who have successfully completed one year of employment, the contribution for family coverage shall be $2,800. iv. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor- Management Wellness Committee. At the 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. 11 Council Packet Page Number 83 of 431 G3, Attachment 2 2020 2023-2025 Health Care Costs/Contributions The Employer and Union mutually agree to health insurance costs/contributions for 20222023-2025.. Formatted: Font: (Default) +Body (Calibri) Effective January 1, 2024, employees who elect single coverage shall contribute $15.00 Formatted: Font: (Default) Arial, 11 pt per month. Beginning in 2024, the City will offer an HSA. Formatted: Font: 11 pt Formatted: Font: (Default) Arial, 11 pt The Employer and the Union further agrees to actively engage in labor-management Formatted: Justified discussions and planning with regard to future citywide health insurance offerings. It is the EmployerÓs expectation that a global agreement with all affected bargaining units will be reached by the cityÓs insurance committee. In the event health insurance provisions of this agreement fail to meet the requirements of the Affordable Care Act and/or any other new federal legislation, the Union and the Employer will meet immediately to negotiate alternative provisions. Should the Affordable Care Act and/or any other new federal legislation cause the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will immediately meet and, upon written mutual agreement of the parties, negotiate alternative provisions. Any changes that are presented at renewal will be discussed during the Labor- Management Committee process. These benefits apply to full-time Employees only. In addition to the contribution for full-time Employees, the Employer will pay fifty-percent (50%) of the cost of the Employee (single) premium for HDHP for Regular Part Time Employees who work (and are on payroll) thirty (30) or more hours per week. These Employees are responsible for paying all costs beyond the aforementioned contribution by the Employer. Regular part-time Employees with this status may purchase dependent coverage at their own cost. 19.5 The Employer shall pay one-hundred percent (100%) of the cost of Employee (single) dental coverage for full-time Employees. 19.6 As permitted, the Employer shall provide an IRS-125 Plan that shall be used for the Employee's health and dental insurance premiums. 19.7 The Employer shall provide a life insurance policy for each full-time Employee with a benefit value equal to one-hundred percent (100%) of the EmployeeÓs regular annual salary, to a maximum of fifty thousand ($50,000). 19.8 The Employer will provide, and pay for, long-term disability insurance for each Employee. Such long-term disability insurance shall be coordinated with other benefits provided in the contract. Employees are not eligible for vacation, sick leave, and annual leave accrual while receiving Long-Term Disability payments, except for those hours the Employee appears on the payroll using accrued leave. Coverage shall also be provided to regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week. 12 Council Packet Page Number 84 of 431 G3, Attachment 2 19.9 The Employer agrees to provide optional, Employee-paid short-term disability insurance coverage for Employees on payroll twenty (20) or more hours per week. 19.10 The Employer agrees to provide a retiree health savings plan with the following specifications: 1. Benefits paid to the Employees will be limited to insurance premiums and out-of-pocket expenses determined eligible by the Internal Revenue Service. 2. The Retiree Health Savings plan will be funded with annual deposits as follows: a. Employees shall have the cash value of all vacation hours, in excess of the carryover limit (1.5 times annual accrual), deposited into the Retiree Health Savings plan. (If an Employee uses all of their earned vacation that year or their balance did not exceed the required carryover limit, no funds will be paid into the plan.) b. All Employees will have the cash value of all personal holiday hours, unused as of December 31st deposited into their Retiree Health Savings plan. 3. The Retiree Health Savings plan will be funded by the EmployeeÓs severance pay as follows: a. Fifty percent (50%) of accrued annual leave (and personal holidays, if any balance remains) will be deposited into the Retiree Health Savings plan if the Employee is at least age fifty (50) and their annual leave balance is at least two-hundred (200) hours at the time of separation from service. If the Employee is under age fifty (50) or the annual leave balance is less than two hundred (200) hours, no funds will be paid into the plan. b. Fifty percent (50%) of accrued vacation (and personal holidays, if any balance remains) will be deposited into the Retiree Health Savings plan if the Employee is at least age fifty (50) and their annual leave balance is at least two hundred (200) hours at the time of separation from service. If the Employee is under age fifty (50) or the annual leave balance is less than two hundred (200) hours, no funds will be paid into the plan. c. Those Employees who qualify to fund the Retiree Health Savings plan with some or all of their accumulated sick leave will have deposited into the plan, at the time of separation from service, up to one-half (1/2) of any eligible accumulated sick leave, with a maximum allowance of fifty (50) days. ARTICLE 20: UNIFORMS 13 Council Packet Page Number 85 of 431 G3, Attachment 2 The Employer will reimburse the Building Official up to three-hundred dollars $300.00 five hundred Formatted: Justified fifty dollars ($550.00) per year toward the maintenance cost of safety-toed boots; and shall provide and maintain all uniforms required for work. ARTICLE 21: TRAVEL AND MEAL ALLOWANCE 21.1 Excluding Employees who receive a mileage allowance, the Employer agrees to pay Formatted: Justified mileage reimbursement at the current Internal Revenue Service (IRS) approved rate to Employees, required by the Employer, to use their private vehicles for official business. 21.2 Expenses for meals, including sales tax and gratuity, will be reimbursed according to the following limits and procedures. No reimbursement will be made for alcoholic beverages. All meal reimbursements require a detailed receipt. Full reimbursements, over the maximums specified, will be authorized for all employees if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations. If a detailed receipt is not provided, reimbursement will default to the per diem meal and incidental expenses as set forth in the annual General Services Administration Meals and Incidentals Expenses Table located on the internet at www.gsa.gov/mie. Seventy five percent of the per diem is allowed for travel days as set forth in that table. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. If a meal is provided as part of the training, seminar, conference or other event being attended, no additional reimbursement will be allowed. Gratuity is limited to 15% of the bill. Any gratuity higher than 15% is not reimbursable and is the employees responsibility. ARTICLE 22: PERSONNEL FILE 22.1 A copy of any material to be placed in an Employee's personnel file during the term of this Formatted: Justified Agreement shall be provided to said employee. 22.2 Material related to a disciplinary action against an employee will be removed from the EmployeeÓs personnel file based on the following criteria: Oral reprimands, at the request of the Employee, shall be removed from the EmployeeÓs personnel file after one year, provided the Employee is not involved in a progressive discipline action. Written reprimands and suspension notices shall be removed from the EmployeeÓs personnel file after five years, provided the Employee is not involved in a progressive discipline action and no further disciplinary action has been taken. 22.3 Demotion references will be removed from the EmployeeÓs personnel file after five years. 14 Council Packet Page Number 86 of 431 G3, Attachment 2 ARTICLE 23: NONDISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group Formatted: Justified without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 24: LEGAL DEFENSE Any Employee who is charged with a traffic violation, ordinance violation or criminal offense Formatted: Justified arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and Court costs actually incurred by such Employee in defending against such charge. ARTICLE 25: REQUIRED LICENSES The City agrees to pay for licenses and certifications and renewal of same that are required by law or the City, except driver licenses. ARTICLE 26: WAGE SCHEDULE 26.1 Effective January 1, 2023, employees will be placed on the step in the new pay plan at Formatted: Font: (Default) Arial, 11 pt the designated grade that provides a wage rate that is equal to or greater than the Formatted: Indent: Left: 0", Hanging: 0.5", Right: 0" employeeÓs December 31, 2022 base wage. Formatted: Right: 0" A 1% lump sum payment will be made effective January 1, 2023 to be calculated after the Formatted: Indent: Left: 0.5", Right: 0" implementation of the new step and 1.0% general wage increase. Formatted: Right: 0" 1.00% general wage increase effective January 1, 2023 to be calculated after Formatted: Indent: Left: 0.5", Right: 0" implementation of new step plan 1.0% general wage increase effective July 1, 2023 Formatted: Right: 0" 1.5% general wage increase effective January 1, 2024 Formatted: Indent: Left: 0.5", Right: 0" 1.5% general wage increase effective June 29, 2024 Formatted: Font: (Default) Arial, 11 pt 1.5% general wage increase effective January 1, 2025 1.5% general wage increase effective June 28, 2025 Formatted: Font: (Default) Arial, 11 pt Employees whose December 31, 2022 base wage exceeds the new Step G shall have their wage rate red circled. Said employees shall receive any general wage increase in a non-base lump sum. Employees whose December 31, 2022 base wage exceeds the new Step G by more than 10% are not eligible for a general wage increase or a non-base lump sum payment. Formatted: Indent: Left: 0.5" 15 Council Packet Page Number 87 of 431 G3, Attachment 2 New salary ranges have been adopted as part of this contract. The new range has seven Formatted: Indent: Left: 0.5", Right: 0" (7) steps. Movement within the range is based on a combination of time in position and performance. Employees will be eligible for step movement once per year on their anniversary date until they reach Step G. If an employee received a performance rating that is below satisfactory (below good) on any of the major performance dimensions, their step movement will be delayed until such time as they have received two consecutive fully satisfactory performance reviews. Once a delayed increase is provided, the new eligibility date for pay increases for that employee will change to the date the delayed increase went into effect. Formatted: Right: 0" Employees will normally be hired at Step A of the range. Exceptions can be approved by Formatted: Justified, Indent: First line: 0" the City Manager. Employees who are promoted will move to a step which gives them an increase over their pre-promoted pay rate. Wage Adjustment. A general wage increase shall be provided to all positions Formatted: Indent: First line: 0" represented by the GROUP as follows: Employees shall receive the following Wage Adjustment A 3% increase in base pay Job Classification Ranges Î (See Appendices A for 2022 hourly pay rates.) The salary ranges have seven (7) steps. Employees will normally be hired at Step 1 of the pay range. Exceptions require approval by the City Manager. Employees who are promoted will move to a pay rate, which gives them an increase over their pre-promoted pay rate. EmployeeÓs actual salaries may fall between steps. Movement within the range is based on a combination of time in position and performance. Anniversary Increases/Performance Reviews. Employees will be eligible for a step increase once per year on their anniversary date until they reach the top salary for their respective job classification. If an Employee receives a performance rating of Does Not Meet Expectations on any of the performance competencies their step movement will be delayed until such time as they have received two consecutive satisfactory performance reviews. These will be completed by the Supervisor on a quarterly basis. Once a delayed increase is provided, the new eligibility date for pay increases for that Employee will change to the date the delayed increase went into effect. Employees who did not receive a rating below satisfactory (good) will automatically receive a five percent increase on their anniversary Î unless the five percent increase would bring them above the maximum for their pay range. Unless agreed to by the Employer and the Employee no employee can be paid more than the maximum for their pay ranges. 26.2 Deferred Compensation. In addition to the above pay rates, the Employer will contribute Formatted: Justified to each full-time Employee an amount equal to three and one quarter percent (3.25%) of their regular salary to be deposited into a deferred compensation account. Regular part- time Employees who work (and are on payroll) twenty (20) or more hours per week will receive a pro-rated amount deposited into a deferred compensation account under the same conditions as full-time Employees. In order to receive the contribution to deferred comp all employees must match the contribution from the City. 16 Council Packet Page Number 88 of 431 G3, Attachment 2 ARTICLE 27: SAFETY Formatted: Justified 27.1 Joint Safety The Employer and the Bargaining Group agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 27.2: Safety Committee The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 28: WAIVER 28.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations Formatted: Justified regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 28.2 The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. 28.3 The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 29: SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed Formatted: Justified 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. 17 Council Packet Page Number 89 of 431 G3, Attachment 2 ARTICLE 30: DURATION This AGREEMENT shall be effective as of January 1, 20232, and shall remain in full force and effect until the thirty-first (31st) day of December 20252. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 20232. FOR THE CITY: FOR THE GROUP: ___________________________________ ___________________________________ Mayor ___________________________________ ___________________________________ City Manager ___________________________________ ___________________________________ Asst. City Manager/ Director of Human Resources APPENDIX A 18 Council Packet Page Number 90 of 431 G3, Attachment 2 19 Council Packet Page Number 91 of 431 G3, Attachment 2 20 Council Packet Page Number 92 of 431 G3, Attachment 2 APPENDIX B CITY OF MAPLEWOOD ANNUAL LEAVE PROGRAM A. It is the policy of the City of Maplewood to provide paid time away from work to eligible employees. This policy is implemented by means of the Annual Leave Program, which covers all paid leave previously available under the CityÓs vacation and sick leave benefits. The Annual Leave Program does not include designated or personal holidays, funeral leave, military leave or court leave. With the adoption of this program, the City firmly accepts and endorses the principles of consistency, flexibility, personal responsibility, and the recognition of years of service. The traditional paid vacation and sick leave programs have been in place for many years. These programs are highly structured with extensive rules applied to their use. These rules may not provide the best ÐfitÑ for the circumstances of individual employees and their immediate and extended families. As of May 5, 2001, the Annual Leave Program replaced individual vacation and sick leave plans and combined them into a single benefit program. Annual leave is provided to all employees hired on or after that date. Employees hired prior to May 5, 2001 had the option to convert to annual leave or remain in the sick leave and vacation plans. B. Employees accrue annual leave based on length of service with the City. This means that employees all receive the same amount of paid time off, regardless of their personal or family situation. Plan provisions discourage unnecessary utilization by providing cash and savings incentives. Any sick leave or vacation time that an employee may have used under the Family and Medical Leave or Parenting Leave policies will become annual leave. The legal requirements of the time off and continuation of insurance contributions under those laws remain unchanged. (This means the City will contribute the same amounts toward health and dental insurance premiums while employees are on family and medical leave as they do under the vacation and sick leave programs.) Annual leave can be used for any reason, subject only to necessary request and approval procedures consistent with policy and labor contracts. As with all paid time off programs, we need to ensure that service to the public and work requirements are not adversely impacted. C. Medical Certification - Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctorÓs certificate may still be required. It shall state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of their position. A statement attesting to the employeeÓs ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. (If an unplanned absence is not viewed as a problem by the employeeÓs supervisor, a doctorÓs statement will not be required.) 21 Council Packet Page Number 93 of 431 G3, Attachment 2 D. Accrual Rates - Years of Service Annual Accrual Rates 1 - 4 Years 19 days 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part- time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part-time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro-rated annual leave. Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as Ðdeferred sick leaveÑ until the balance was exhausted. Deferred sick leave can be used for any doctor-certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for two (2) or more consecutive days. If an employee knows they will be out for two (2) or more consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they knowÏin advanceÏthey will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within two (2) days, they will use annual leave. If the medical condition extends beyond the two (2) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances - Unused vacation balances were converted to annual leave on a one- for-one basis for employees who converted from vacation/sick leave to annual leave. G. Banked Personal Holiday Hours - Employees who had banked personal holiday hours that were earned and unused prior to March,1984 had the option to cash them out at their current hourly rate during the open window period or to retain them. H. Short-Term Disability Insurance - The City adopted an optional short-term disability insurance program effective October 1, 2001. The cost of this coverage will be paid by the 22 Council Packet Page Number 94 of 431 G3, Attachment 2 employee, if the employee elects coverage. For employees who elect this coverage, the benefits will begin after an employee is out for thirty (30) calendar days. The City also has a long-term disability program in place where benefits begin at ninety (90) calendar days. Short-term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay provided by short- and long-term disability insurance payments and their regular take-home pay. Employees without a deferred sick leave bank may use annual leave for this purpose. I. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. Some employees are also eligible for 50% of their sick leave balance when they leave. Eligibility for sick leave as severance varies by group with different maximum payouts depending on the group. For some groups there are different severance pay benefits dependent upon an employeeÓs start date. Employees who were hired before May 5, 2001, who are now on the annual leave program, will retain their eligibility for sick leave as severance (using the remaining deferred sick leave balance) under the same conditions as were in place before they elected annual leave. For example, if an employee was eligible for 50% of their sick leave balance - up to a cap of fifty (50) days - prior to electing annual leave, they will be eligible for 50% of their deferred sick leave balance up to fifty (50) days when they leave City service. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). J. Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion - There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and/or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 2001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one-for-one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed forty (40) hours, may be converted each year provided the employee has used a minimum of 30% of their annual accrual during the current calendar year and has a minimum balance of at least 176 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the employeeÓs current hourly rate on December 1. 23 Council Packet Page Number 95 of 431 G3, Attachment 2 Conversion to cash or deferred compensation will occur in the second payroll of the following year with specific dates to be determined by the Finance Department each year. Finance will notify all employees who have annual leave in November of each year as to the dates and conversion options. The conversion will be part of regular payroll and will not be paid in a separate check. Regular rate for the purpose of this policy is the employeeÓs straight time rate not including overtime, pay differentials, out-of-class adjustments or any other additions to regular pay 24 Council Packet Page Number 96 of 431 G3, Attachment 3 Style Definition: TOC 1 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL 4470 January 1, 2021 2022 through December 31, 20212024 Council Packet Page Number 97 of 431 G3, Attachment 3 Table of Contents ARTICLE 1: PURPOSE AND INTENT ........................................................................ 2 ARTICLE 2: RECOGNITION ......................................................................................... 2 ARTICLE 3: DEFINITIONS ............................................................................................ 2 ARTICLE 4: ASSOCIATION SECURITY .................................................................... 4 ARTICLE 5: EMPLOYER AUTHORITY....................................................................... 4 ARTICLE 6: GRIEVANCE PROCEDURE ................................................................... 5 ARTICLE 7: NON-DISCRIMINATION .......................................................................... 7 ARTICLE 8: SENIORITY ............................................................................................... 7 ARTICLE 9: ANNUAL LEAVE ....................................................................................... 8 ARTICLE 10: INSURANCE ............................................................................................ 9 ARTICLE 11: CLOTHING AND EQUIPMENT ........................................................... 12 ARTICLE 12: HOURS ................................................................................................... 13 ARTICLE 13: HOLIDAYS .......................................................................................... 1515 ARTICLE 14: TUITION REIMBURSEMENT .......................................................... 1616 ARTICLE 15: DISCIPLINE ............................................................................................ 16 ARTICLE 16: WAGES ............................................................................................... 1717 ARTICLE 17: INJURY ON DUTY - SALARY CONTINUATION ......................... 1818 ARTICLE 18: WORKING OUT OF CLASSIFICATION ........................................ 1918 ARTICLE 19: FIELD TRAINING OFFICER (FTO) PAY ....................................... 1919 ARTICLE 20: FUNERAL/BEREAVEMENT LEAVE .............................................. 1919 ARTICLE 21: WAIVER AND SAVINGS CLAUSE................................................. 1919 Addendum A ............................................................................................................... 2121 Addendum B ............................................................................................................... 2322 Formatted: Font: (Default) Arial Addendum CÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ.. 23 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 12 pt, Check spelling and grammar Formatted: Normal Council Packet Page Number 98 of 431 G3, Attachment 3 ARTICLE 1: PURPOSE AND INTENT This Agreement entered into as of January 1, 2021 2022 between the City of Maplewood, Formatted: Justified Minnesota, Municipal Corporation, hereinafter called ÐEMPLOYERÑ and /or ÐCityÑ, and the International Association of Firefighters Local 4470 hereinafter called the ÐASSOCIATIONÑ and/or ÐUnionÑ and/or ÐCollective Bargaining GroupÑ and/or ÐGroup.Ñ It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreementÓs interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the partiesÓ agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative Formatted: Justified, Tab stops: Not at 0.25" for All Full-Time Fire Fighters employed by the City of Maplewood, Minnesota who are public employees within the meaning of Minnesota Statutes 179A.04, Subdivision 14, excluding supervisory and confidential employees and Fire Officers who are covered by IAFF Local 4470-O. This includes the following classifications: Formatted: Justified Fire Fighter Î EMT Fire Fighter Î Paramedic Paramedic Formatted: Justified 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the Formatted: Justified, Tab stops: Not at 0.25" 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 Association: International Association of Fire Fighters, Local 4470. Formatted: Justified 3.2 Association Member: A Member in good standing of Local 4470, IAFF. 3.3 Bargaining Unit Seniority: Seniority as a Member of this Bargaining Unit. 2 Council Packet Page Number 99 of 431 G3, Attachment 3 3.4 Emergency Call Back: Immediate return of an employee to perform assigned duties at the express authorization of the EMPLOYER at a time other than regular assigned shift. An extension of, or early report to, a regular assigned shift is not a call back. 3.5 Continuous Service: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.6 Days: Unless otherwise indicated, days mean calendar days. 3.7 Employee: A member of the International Association of Fire Fighters, Local 4470, covered by this AGREEMENT. 3.8 Employer: City of Maplewood, Minnesota. 3.9 Immediate Supervisor: The Full-Time Fire Captain 3.10 Job Class Seniority: EmployeeÓs length of continuous service in a job class. 3.11 Layoff: Separation from service with the EMPLOYER, necessitated by lack of work, lack of funds, or other reasons without reference to competence, misconduct, or other behavioral considerations. 3.12 Leave of Absence: An approved absence from work duty during a scheduled work period with or without compensation. 3.13 Meal Break: A period during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available in the event activity would dictate their immediate return to duty. 3.14 Probationary Period: The first twelve (12) months of service of a newly hired or rehired Employee. 3.15 Promotion: A change of an Employee from a position in one job classification to a position in another job classification with higher maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. 3.16 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available and in close proximity, in the event activity would dictate their immediate return to duty. 3.17 Scheduled Shift: A consecutive work period including rest breaks and a meal break. 3.18 Strike: Concerted action in failing to report for duty, the willful absence from oneÓs 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 3 Council Packet Page Number 100 of 431 G3, Attachment 3 purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4: ASSOCIATION SECURITY 4.1 In recognition of the ASSOCIATION as the certified exclusive representative of the Formatted: Justified listed classifications of personnel specified in 2.1, the EMPLOYER shall deduct from the wages of employees, such a deduction an amount sufficient to provide payment of dues established by the ASSOCIATION. Such monies shall be divided equally between the first and second pay-period of the month and shall be remitted to the appropriate designated Officer of the ASSOCIATION. Dues appeals or challenges may be filed in accordance with State Statute. 4.2 The ASSOCIATION may designate two employees plus one alternate from the bargaining unit to act as steward and representatives and shall inform the EMPLOYER in writing of such choices within thirty (30) days of such selection. 4.3 The EMPLOYER shall make space available on a bulletin board and or electronic bulletin board for posting ASSOCIATION notices and announcements. 4.4 Officers of the ASSOCIATION shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting ASSOCIATION business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the ASSOCIATION shall be allowed leaves of absence without pay, when requested, to fulfill their duties as ASSOCIATION Officers as allowed by State Statute. 4.5 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER in accordance with the provisions of this Article. ARTICLE 5: EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all Formatted: Justified staff, facility and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 The ASSOCIATION agrees that any managerial right not specifically limited by this AGREEMENT shall remain solely within the discretion of the EMPLOYER. 5.3 The ASSOCIATION agrees that during the life of this AGREEMENT that the ASSOCIATION will not cause, encourage, participate in, or support any strike, 4 Council Packet Page Number 101 of 431 G3, Attachment 3 slowdown, or other interruption of, or interference with the normal functions of the EMPLOYER. ARTICLE 6: GRIEVANCE PROCEDURE 6.1 For purpose of this AGREEMENT, the term ÐgrievanceÑ means any dispute Formatted: Justified between the EMPLOYER and the Employee(s) concerning the interpretation of application of the specific terms and conditions of this AGREEMENT. Both parties recognize that should a provision of this AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any Employment Rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the ASSOCIATION agree to the following grievance procedure. Each step of the procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 6.2 First Step: The Employee, with or without the Steward, shall take up the grievance or dispute with the EmployeeÓs immediate supervisor within twenty-one (21) days of the date of the grievance or the EmployeeÓs knowledge of its occurrence. The Supervisor shall attempt to resolve the matter and shall respond to the Employee within ten (10) days. 6.3 Second Step: If the grievance is not resolved in the first step, the ASSOCIATION shall present the grievance, in writing, to the Department Head within fourteen (14) days after the SupervisorÓs response is due. All grievances shall state the facts upon which they are based, when they occurred, the specific provision(s) of the AGREEMENT allegedly violated, the remedy requested, the avenue through which redress is sought, and shall be signed by an Officer of the Local. References to Officer of the Local for the purposes of this Article shall mean; the President, Vice- President or Steward. If such written request is made, the Department Head, or his/her designee, shall meet with the Employee and the Steward within fourteen (14) days after the date of receipt of this request. The Department Head shall give a written answer to the Steward within fourteen (14) days after the meeting. 6.4 Third Step: If the grievance is not resolved in the Second Step, the ASSOCIATION shall notify the City Manager of their desire to appeal the grievance. Said written appeal must be served upon the City Manager within twenty one (21) days after receipt of the Department HeadÓs Second Step response. If such request is made, the grievance shall be reviewed at a meeting between the City Manager, management staff determined by the City Manager as necessary, Association President, and/or Representative, within fifteen (15) days after receipt by the City Manager of the notice of desire to appeal. A written answer shall be given by the City Manager within fifteen (15) days after the date of the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5 Fourth Step: If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the ASSOCIATION may submit the issue in dispute to binding arbitration within fifteen (15) days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The ASSOCIATION will request the Minnesota Bureau of Mediation Services to submit 5 Council Packet Page Number 102 of 431 G3, Attachment 3 a list of seven (7) names from which the parties shall, within fourteen (14) days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 6.6 An arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force or effect of law. The arbitrator shall submit their decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 6.7 The fees and expenses for the arbitratorÓs service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 6.8 If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERÓS last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and may appeal the grievance to the next step. The time limit in each step may be extended only by mutual agreement of the EMPLOYER and the ASSOCIATION in each step. 6.9 Should a grievance involve the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. If appealed to the procedure outlined in Step Three a written appeal must be served on the City Manager within ten (10) days after the EmployeeÓs receipt of the notice of suspension, demotion, or discharge. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the EmployeeÓs right to seek redress under this Article. 6.10 It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours, only when consistent with such EmployeeÓs duties and responsibilities. The aggrieved Employee and the Steward shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the Employee and the Steward have notified and received the approval of their immediate supervisor who has determined that such absence is reasonable and 6 Council Packet Page Number 103 of 431 G3, Attachment 3 would not be detrimental to the work programs of the EMPLOYER. Meetings held during a stewardÓs non-working hours will not be paid time. ARTICLE 7: NON-DISCRIMINATION Formatted: Justified The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 8: SENIORITY 8.1 Seniority is defined as a regular EmployeeÓs length of continuous service with the Formatted: Justified EMPLOYER since the EmployeeÓs last hire date. No time shall be deducted from an EmployeeÓs seniority due to approved paid absences, or unpaid absences of less than a full pay period. 8.2 Bargaining Unit Seniority: is defined as the length of continuous service to the Employer within the Bargaining Unit as a full time Employee. Employees with the same hire date shall be given seniority ranking based on the EmployeeÓs final accumulative score obtained in the hiring process. 8.3 An EmployeeÓs Bargaining Unit seniority shall be terminated: a) If the Employee resigns, retires, is permanently transferred outside the Bargaining Unit for longer than six months, or is discharged. b) If, when recalled to work following a layoff, the Employee fails to return to work within twenty-one (21) days after the EMPLOYER sends a written notice of recall by certified mail to the EmployeeÓs last address on record with the EMPLOYER. c) When an Employee has been laid off for a period in excess of twelve (12) consecutive months. 8.4 When it is necessary to reduce the number of Employees, probationary Employees will be laid off first. The EMPLOYER agrees that, in laying off, it will lay off Employees according to seniority (providing the remaining Employees have the ability, or can be trained, to perform the remaining work). Employees shall be recalled following such layoffs in reverse order of layoff. 8.5 Any former Employee of the City may be rehired only under the condition of a new employee and no seniority or prior service will be given, except as expressly provided by this AGREEMENT. 8.6 All Employees will serve an additional probationary period of six months when 7 Council Packet Page Number 104 of 431 G3, Attachment 3 promoted to a rank in which the Employee has not served a probationary period. 8.7 Employees will be permitted to voluntarily switch tours and /or shifts with prior Formatted: Justified authorization from the Assistant Chief or their designee. All voluntary exchange of Tours of Duty shall be in accordance with 29 CFR 553.31-Substitution Î section 7(p)(3). The voluntary switching of shifts shall be between the Employees, once approved, and shall not obligate the EMPLOYER to overtime or callback pay. 8.8 Tours and/or Shifts will be bid annually on a seniority basis, only for Employees who have completed their initial probationary period provided the Employer reserves the right, when faced with unexpected or unplanned need, to assign an Employee without regard to seniority if the need of the department requires it. If the EMPLOYER determines that different staffing levels are needed on any tour and/or shift, tours and/ or shifts may be re-bid as deemed necessary by the EMPLOYER. The Chief will determine the number of each job class to be scheduled on each crew and shift prior to tour and/or shift bidding. The Fire Chief and the Association President may agree to re-bidding earlier than scheduled if situations occur warranting such modification. Employees may select a total of four vacation periods each calendar year. Each quarter, employees may select one vacation period by seniority. During the Quarter 1 vacation bid of each year, employees may select one vacation period in Quarter 1 and one annual vacation period at any time in the following calendar year, understanding that the affected quarters bid will be used in its place. It is understood that annual vacation periods will be processed during the Quarter 1 vacation bid process. For the purposes of vacation approvals, annual vacation periods will be given preference over quarterly vacation bids. A vacation period is defined as one or more consecutive work days per the prescribed tour and/or shift schedule; not to exceed one shift rotation (3 weeks). Requests for more than one consecutive vacation period (greater than 3 weeks) requires Department Head approval. ARTICLE 9: ANNUAL LEAVE 9.1 The EMPLOYER shall provide Annual Leave as described in the City of Maplewood Personnel Policies with the following exceptions: Employees shall accrue the following hours for annual leave: Years of Continuous Service Tour 1 Tour 2 Tour 3 1-4 216 193 185 5-11 288 257 247 12-20 336 300 288 21 + 384 343 329 9.2 Annual Leave shall not accrue during unpaid leaves. Regular Part-Time Employees shall accrue Annual Leave on a pro-rated, pay-period basis based on regular hours worked. 8 Council Packet Page Number 105 of 431 G3, Attachment 3 The maximum annual leave is as follows: Tour 1 Tour 2 Tour 3 Maximum Accrual 694 620 595 Formatted: Justified Employees can carry over up to their full balance as long as the total balance never exceeds the hour cap. No additional accrual will occur above the cap. Employees working schedules other than the tours defined in this contract shall accrue and bank annual leave on a pro rata basis compared to the 2,080 hour per year schedule accrual. \[increased or decreased proportionally\] 9.4 Unpaid Leave Î Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family Medical Leave, the Employee may retain a balance of fifty (50) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. 9.5 Annual Leave Conversion Î Annual Leave will be eligible for conversion to cash or deferred compensation on a one-for-one basis (subject to IRS maximum deferral regulations) annually subject to the following conditions. Up to 40% of the Annual Leave balance, not to exceed one hundred thirty-three (133) hours for Tour 1, one hundred nineteen (119) hours for Tour 2, and one hundred fourteen (114) for Tour 3 may be converted each year provided the Employee has used a minimum of 30% of their Annual Accrual during the current calendar year and has a minimum balance of at least one hundred ninety (190) hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the EmployeeÓs current hourly rate on December 1. 9.6 Benefit eligibility is not affected by shift length. When employees are absent from their scheduled shift, they will use the number of hours of accrued annual leave that equal the number of hours absent. 9.7 Annual leave accrual, use, maximums, and conversion allowances and requirements where they differ from the Personnel Policies, will be pro-rated based on the number of scheduled hours per year. 9.8 Approval of City paid hours in lieu of Annual Leave usage for hours spent at approved training that benefits the City will be reasonably considered by the Fire Chief. ARTICLE 10: INSURANCE 2019 Health Care Costs/Contributions 10.1 For all full-time employees hired prior to January 1, 2013, the employer will pay Formatted: Justified, Indent: Left: 0" 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 9 Council Packet Page Number 106 of 431 G3, Attachment 3 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 Formatted: Justified 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. 10.2 For all employees hired after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health Formatted: Justified 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: 10 Council Packet Page Number 107 of 431 G3, Attachment 3 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 $2,800.00. 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. 2021 2022-2024 Health Care Costs/Contributions The Employer and the Employee mutually agreed to Health Care Costs and Formatted: Justified Contributions in 202. 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;. If an agreement regarding 2021 Health Care Costs/Contributions cannot be reached through a global effort by the cityÓs insurance committee, both parties agree to resolve the dispute through mediation. The Employer and Union mutually agree to health insurance costs/contributions for 2022 and 2023. Effective January 1, 2024, employees who elect single coverage shall contribute $15.00 per month. Beginning in 2024, the City will offer an HSA. The Employer and the Union further agree to actively engage in labor-management Formatted: Justified discussions and planning with regard to future citywide health insurance offerings. It is the EmployerÓs expectation that a global agreement with all affected bargaining units will be reached by the cityÓs insurance committee. 11 Council Packet Page Number 108 of 431 G3, Attachment 3 10.3 Any changes that are presented at renewal will be discussed through the Insurance Labor Î Management Committee process. The EMPLOYER shall pay one hundred percent (100%) of the cost of the employee (single) dental insurance premium. These benefits apply to full-time Employees only. 10.4 Life Insurance Î The EMPLOYER shall provide a term life insurance policy with a benefit value of thirty five- thousand dollars ($35,000) for all full-time Employees. Full-Time employees may purchase additional coverage at the EmployeeÓs own expense under the plan. 10.5 Long-Term Disability Insurance - The EMPLOYER will provide long-term disability insurance with the cost of such being fully paid by the EMPLOYER. Such Long-Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT and with other disability payments. Employees are not eligible for Annual Leave Accrual while receiving Long-Term Disability payment except for hours on payroll using accrued leave. In no case will an Employee receive more than 100% of their pre-disability wage while out on disability leave. 10.6 Short-Term Disability Insurance Î The EMPLOYER agrees to provide optional short-term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the EmployeeÓs cost. 10.7 Retiree Health Savings Plan (RHS) . The city agrees to provide a retiree health savings plan with the following plan specifications: 1. Participant and benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and no years of service requirement. 2. Benefits will be limited to insurance premiums (health, dental, long-term care premiums, Medicare Part B, and Medicare supplements) and out-of-pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employeeÓs balance is at least eighty (80)ours at the time of separation from service and the employee is at least age forty (40). If under eighty (80) hours or under age forty (40), nothing would go in. 4. The RHS plan will be funded with annual deposits as follows: All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 5. The RHS plan will be funded with bi-weekly deposits as follows: All employees will have a $30.00 payroll deduction deposited into the RHS plan. ARTICLE 11: CLOTHING AND EQUIPMENT 11.1 The EMPLOYER will provide each new Employee an initial issue of uniforms and Formatted: Justified equipment as per Addendum B. Thereafter the EMPLOYER will provide each 12 Council Packet Page Number 109 of 431 G3, Attachment 3 Employee four hundred ($400.00) per year for necessary replacement of uniform items due to normal wear and tear as outlined in Addendum A. Clothing and Equipment balances may be carried over from year to year, not to exceed a one year amount. 11.2 The EMPLOYER will provide each SWAT medic four hundred ($400.00) per year for clothing and equipment. Clothing and Equipment balances may be carried over from year to year, not to exceed a one year amount. 11.3 Clothing and equipment severely damaged in the line of duty will be replaced by the EMPLOYER at no cost to the Employee. With approval of the Fire Chief, additional items not on the approved list may be considered. A list of uniform allowance items is included in Addendum A. Purchase of items outlined in Addendum A shall not exceed $250 per item without approval of the Fire Chief. Formatted: Indent: Hanging: 0.5" ARTICLE 12: HOURS Formatted: Justified 12.1 The standard payroll period for the Fire Department is two weeks. Employees shall normally take Meal Breaks and Rest Breaks during each Scheduled Shift as time and circumstances permit while remaining on continual duty. Such meal and rest periods may be interrupted. 12.2 Tour of Duty: A. Tour 1. For a fifty-six hour work week employee. Fire Fighters assigned to a fifty-six (56) hour work week shall work normal shifts that are twenty-four 24 consecutive hours; starting at 7:30 am on one calendar day to 7:30 am on the following calendar day. B. Tour 2. For a fifty (50) hour work week employee. Fire Fighters assigned to a fifty (50) hour work week shall work normal shifts that are ten (10) consecutive hours. Hours will normally be between the hours Monday-Friday 6:00 am to 6:00 pm. C. Tour 3. For a forty-eight (48) hour work week employee. Fire Fighters assigned to a forty-eight (48) hour work week shall work normal shifts that are twelve (12) consecutive hours. Hours will normally be between the hours of 6:00 am to 6:00 pm. 12.3 It is anticipated that further scheduling, hours and shift coverage discussions will have to occur as the needs of the Department change, the parties agree to hold these discussions in good faith. 12.4 Compensation for overtime will not be paid unless the work is performed at the direction, or with the approval of, the Chief or his/her designee. 12.5 EMERGENCY CALLOUT - An Employee called immediately back to work at a Formatted: Justified time other than the EmployeeÓs normal scheduled shift shall receive a minimum of 13 Council Packet Page Number 110 of 431 G3, Attachment 3 two (2) hours pay at time and a half. Reporting early for a shift or the extension of a shift shall not qualify for the two-hour minimum. To receive the minimum two (2) hours callback pay described in 12.4, Employees must arrive at the station or scene within twenty (20) minutes of the call out and before being cancelled. If an Employee is cancelled prior to arrival at a scene or the station, the Employee will receive two hours of straight time, instead of overtime. Employees arriving later than twenty (20) minutes from the time of the call, but before being cancelled, shall be compensated at the rate of time and one- half for only actual hours worked beginning with time of arrival. 12.6 SCHEDULED MEDICAL ONCALL - If authorized by the EMPLOYER for scheduled medic on call, employees will receive ¼ hour for each hour authorized to be on call. 12.7 Overtime. Overtime shall be distributed as equally as practicable and will be calculated to the nearest fifteen (15) minutes. Overtime distribution for paramedics will be determined separately from overtime distribution for non-paramedics. Employees have an obligation to work overtime, and to respond to call backs as ordered, unless circumstances prevent them from doing so. Overtime is calculated at one and one-half (1 ď) times the employeeÓs regular hourly rate of pay for the following occurances: a. Hours worked in excess of a scheduled shift. b. Training, EMS and/or Fire continuing education classes outside a scheduled shift; and is authorized and required by the city. c. Overtime assigned to maintain minimum staffing levels. d. Additional activities assigned by the city outside a scheduled shift. e. Other overtime provisions defined in the current collective bargaining agreement, including, by not limited to, Articles 12.5, 12.6, and 12.9. 12.8 For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. 12.89 EMERGENCY MEDICAL CALLOUT - Fire Department Paramedics shall be issued two-way communications for the purpose of providing emergency medical support. An Employee approved to respond to the medical emergency will receive a minimum of two hours at time and a half. Formatted: Font: (Default) Arial, 11 pt 12.10 12.9 When there is a vacancy or an employee in training, schedule changes will be communicated as soon as practicable. When the Fire Department is fully Formatted: Normal, Justified, Indent: Left: 0", Hanging: 0.5", No bullets or numbering staffed, any permanent schedule changes affecting days off will be communicated as soon as possible but normally with no less than two (2) weeks notice prior to the change. Notice of adjusted starting times on a scheduled day will normally occur at least forty-eight (48) hours in advance of the change when the Employer has at least that much notice of the need for a change. Regular shift overtime available due to vacation time requested semi-annually pursuant to Article 8.8 (ÐBid OvertimeÑ)will be offered to bargaining unit Employees prior to being offered outside the bargaining unit. Any other vacation or time off that has not been bid through the semi-annual bid process (Non-Bid Overtime) will be filled at the discretion of the Fire Chief who shall reasonably consider Association Members 14 Council Packet Page Number 111 of 431 G3, Attachment 3 first for such overtime when possible. Any Bid Overtime still remaining available (7) seven days prior to the shift(s) to be so covered shall be offered to any employees in any manner deemed at the sole discretion of the Chief or his designee to be in the best interests of the Fire Department. Paramedic shifts shall only be filled by other paramedics unless otherwise authorized by the Fire Chief, EMT shifts can only be filled by other EMTÓs unless otherwise authorized by the Fire Chief. Formatted: Justified When off duty Employees are scheduled to attend a meeting which gets cancelled with less than twenty-four (24) hours notice, the Employee will receive two (2) hours of pay. When at least one (1) week notice is given for regular scheduled meetings, the minimum pay shall be one (1) hour rather than two (2) hours. 12.1112.10 The Fire Chief has the authority to change schedules and cancel vacations Formatted: Justified, Indent: Left: 0" for previously unscheduled Î unanticipated major events, disasters, and emergencies if necessary. ARTICLE 13: HOLIDAYS 13.1 Designated Holidays Î All Full-Time Employees shall be entitled to observe the Formatted: Justified following ten eleven (1011) statutory holidays and shall be compensated at their regular rate of pay for these holidays if on paid status at the time of any of the following Holidays (prorated based on annual schedule): st 1. New YearÓs Day January 1 rd 2. Martin Luther KingÓs Birthday 3 Monday in January rd 3. PresidentÓs Day 3 Monday in February 4. Memorial Day Last Monday in May th 5. Juneteenth June 19 Formatted: Superscript th 65. Independence Day July 4 st 76. Labor Day 1 Monday in September th 87. VeteranÓs Day November 11 th 98. Thanksgiving Day 4 Thursday in November th 109. Day after Thanksgiving 4 Friday in November th 110. Christmas Day December 25 The number of holiday hours for Employees covered by this AGREEMENT will be Formatted: Justified one hundred twenty (120) hours per year 13.2 Employees who actually work at least half of a shift on either Thanksgiving Day or Christmas Day shall receive double-time for all hours actually worked on these Holidays instead of time and one-half. Those Employees who work on Easter Sunday shall be paid at time and a half for any such hours worked on Easter Sunday through December 31, 2024. 13.3 If an Employee is not scheduled to work on a holiday and they are eligible for holiday pay, they will receive no more than the hours specified for their annual schedule. If they work an actual holiday, they will receive the prescribed number hours of holiday pay plus time and one-half for all hours worked on the day. If an 15 Council Packet Page Number 112 of 431 G3, Attachment 3 Employee uses approved leave on a holiday that they were scheduled to work, they will not receive overtime. Time and one-half for working on a holiday, as provided above, shall be for hours worked on the ÐactualÑ holiday as opposed to the ÐobservedÑ holiday. 13.4 Personal Holidays. In addition to the holidays listed in 13.1, employees shall also Formatted: Justified receive the following Personal Holiday time per year. The date of such Personal Holiday shall be requested by the Employee and approved by the EMPLOYER. The number of hours received annually for Personal Holidays Tour 1 Tour 2 Tour 3 72 30 36 ARTICLE 14: TUITION REIMBURSEMENT 14.1 Employees who receive city-paid paramedic schooling, will reimburse the Formatted: Justified Employer for books and tuition if they voluntarily leave employment within four (4) years two (2) years of completion. ARTICLE 15: DISCIPLINE 15.1 The EMPLOYER will discipline only for just cause. 15.2 Discipline, when administered, will normally be in one or more of the following forms: A. Oral reprimand B. Written Reprimand C. Suspension D. Discharge or disciplinary demotion 15.3 All disciplinary action shall be in written form with copies placed in the EmployeeÓs Formatted: Justified personnel file. 15.4 Disciplinary action which is to become part of an EmployeeÓs personnel file shall be read and acknowledged by signature of the Employee. Such signature does not imply an admission of guilt. The ASSOCIATION and the Employee will receive a copy of such disciplinary action and/or notices. 15.5 An Employee who is the subject of an investigation that may result in disciplinary action to that Employee may have a Representative of the ASSOCIATION present during questioning. It will be the responsibility of the Employee to make a request for a Representative and it will be the EmployeeÓs responsibility to have the Representative present during questioning. Questioning will be conducted at reasonable times, to be scheduled by the EMPLOYER. 16 Council Packet Page Number 113 of 431 G3, Attachment 3 15.6 Employee personnel files shall be subject to the Minnesota Data Practices Act. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 15.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline has occurred within that five-year period. At the request of the Employee, oral reprimands shall be removed from the personnel files after one year provided the Employee has not been involved in progressive disciplinary action. ARTICLE 16: WAGES 16.1 Employees shall receive the following wage adjustment for 2021. A one-time non-Formatted: Justified base lump sum payment on January 1, 2021 equal to the greater of 2% of the base salary on January 1, 2021 or $2000. Formatted: Justified, Indent: Left: 0", Hanging: 0.5" B. WAGE SCHEDULE EFFECTIVE JANUARY 1, 2021 Formatted: Justified, Indent: Hanging: 0.5" Formatted: Justified, Indent: Left: 0", Hanging: 0.5" FF/PARAMEDIC Entry $ 2,555.67 After 1 year $ 2,732.03 After 2 years $ 2,920.23 After 3 years $ 3,121.55 After 4 years $ 3,211.23 After 8 years $ 3,259.40 After 12 years $ 3,308.29 After 16 years $ 3,357.91 After 20 years $ 3,423.82 Effective January 1, 2022, fire fighters who have been employed on a full-time basis and in good standing with the City from January 1, 2022 to December 31, 2022 will receive a 10% wage adjustment. Any employee who has started with the City after January 1, 2022 or left the CityÓs employment after January 1, 2022 will not receive a wage adjustment for 2022. Formatted: Right: 0" Effective January 1, 2023, employees will be placed on the step in the new pay Formatted: Indent: Left: 0.5", Right: 0" plan at the designated grade that provides a wage rate that is equal to or greater than the employeeÓs December 31, 2022 base wage. Formatted: Right: 0" 1.00% general wage increase effective January 1, 2023 to be calculated after Formatted: Indent: Left: 0.5", Right: 0" implementation of new step plan. Formatted: Right: 0" Formatted: Indent: First line: 0.5", Right: 0" 1.00% general wage increase effective July 1, 2023. Formatted: Right: 0" Formatted: Indent: Left: 0" 1.5% general wage increase effective January 1, 2024 and 1.5% general Formatted: No underline, Font color: Auto wage increase effective June 29, 2024 Formatted: Indent: Left: 0.5" Formatted: Indent: First line: 0.5", Right: 0" Formatted: Right: 0" 17 Council Packet Page Number 114 of 431 G3, Attachment 3 Employees whose base wage exceed the new Step G shall have their wage rate Formatted: Indent: Left: 0.5", Right: 0" red circled. Said employees shall receive any general wage increase in a non-base lump sum. Employees whose base wage exceed the new Step G by more than 10% are not eligible for a general wage increase or a non-base lump sum payment. Formatted: Right: 0" The new salary ranges have seven (7) steps. Employees will be eligible for step movement once per year on their anniversary date until they reach Step G. Employees hired at Step A between January 1, 2023 and December 31, 2024 will receive their first anniversary step increase as a non-base lump sum payment. Employees promoted from EMT to Paramedic shall receive a one-time eight Formatted: Justified, Indent: Left: 0.38" (8) percent lump sum payment and be placed at or above their current step at the Paramedic / Fire Fighter grade at the EmployerÓs discretion. Formatted: Indent: Left: 0.38", Right: 0" 16.2 Deferred Compensation. In addition to the rates provided in 13.1 the city will Formatted: Justified contribute up to one hundred fifty dollars ($150) per month in deferred compensation, provided the Employee agrees to match EmployerÓs contribution of one hundred fifty ($150) 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. This benefit shall be pro-rated for regular part-time employees. 16.3 The EMPLOYER reserves the right to start new Employees who are experienced firefighters or paramedics at any rate up to and including the Ðafter 2 yearsÑ stepat any step. ARTICLE 17: INJURY ON DUTY - SALARY CONTINUATION 17.1 Leave of absence with pay shall be granted to Employees who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any voluntary off-duty services for which payment is made by a contracting party other than the City. 17.2 Such injury leave shall extend for a maximum of one hundred (150) calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the Employee can return to any duties for which the Employee may be capable and qualified. At the discretion of the City Manager, the injured Employee may be required to submit to a medical examination at any time by a physician selected by the City. 17.3 During such injury leave, the EMPLOYER shall pay the EmployeeÓs full regular pay rate, either as direct payment from salary funds or as WorkerÓs Compensation insurance benefits, or both, but the total amount paid for loss of time from work shall not exceed the full regular rate of pay such Employee would have received for the period. Such injury leave shall not be charged against the EmployeeÓs annual leave. All payments made to the Employee will be reduced by the total amount of all other injury related benefits for which the Employee is provided as a 18 Council Packet Page Number 115 of 431 G3, Attachment 3 result of the injury. The Employee must apply for all benefits for which the Employee is eligible as a result of public employment, as soon as the Employee is eligible. The EMPLOYER reserves the right to refuse injury-on-duty pay if such application is not made. In order to receive injury-on-duty pay, the illness or injury must be eligible under workerÓs compensation. 17.4 An Employee who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty-four (24) hours, any injury, however minor, to his/her supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. ARTICLE 18: WORKING OUT OF CLASSIFICATION An Employee who is assigned at the sole discretion of the EMPLOYER to perform the work duties and accept the full responsibilities of a higher classification, shall receive an additional $3.00 per hour for all hours worked for the assignment. ARTICLE 19: FIELD TRAINING OFFICER (FTO) PAY Employees assigned by the Employer to perform Field Training Officer duties will be paid $1.50 per hour for the actual hours performing such duties. ARTICLE 20: FUNERAL/BEREAVEMENT LEAVE A maximum of up to three (3) shifts of funeral/bereavement leave with pay shall be Formatted: Justified extended to a regular full-time EMPLOYEE upon the death of a member of the immediate family of said EMPLOYEE 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 21: WAIVER AND SAVINGS CLAUSE 21.1 Any and all prior agreements, resolutions, practices, policies, rules, and Formatted: Justified regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT are hereby superseded. 21.2 The parties acknowledge that during the negotiations that resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understanding arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this AGREEMENT. 21.3 During the term of this AGREEMENT the EMPLOYER and the ASSOCIATION Formatted: Justified each voluntarily and unqualifiedly waives the right to meet and negotiate regarding 19 Council Packet Page Number 116 of 431 G3, Attachment 3 any and all terms and conditions of employment referred to or covered in this AGREEMENT. 21.4 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. In the event any provision of this Agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision shall be negotiated at the request of either party. ARTICLE 22: DURATION st 22.1 This AGREEMENT shall be effective on the 1 of January 2021 2022 and shall st remain in full force and effect through December 31, 20212024. It shall automatically renew from year to year thereafter unless either party shall notify the other in writing in conformance with the Public Employment Labor Relations Act of 1971, et. Seq. that it desires to modify this AGREEMENT. In the event such written notice is given, and a new contract is not signed before the expiration date of the old contact, said contract is to continue in full force and effect until a new contract is signed. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the _________ day of ________________________, 20222023. FOR THE CITY: FOR THE ASSOCIATION: ___________________________ ______________________________ Mayor Steward ___________________________ ______________________________ City Manager Steward ___________________________ Asst. City Manager/HR Director 20 Council Packet Page Number 117 of 431 G3, Attachment 3 Addendum A List For Uniform Allowance Uniform Pants Hats (winter and summer) Uniform Shirts Watch Uniform Socks Small Flashlight (like police)* Uniform Footwear Flashlight Holder Uniform Jackets Linens for Bed (examples below) Uniform Pullovers Sheets Uniform T-Shirts Blankets Uniform Jumpsuit Comforter Uniform Belt Sleeping Bag Uniform Tie Pillow case Pillow Workout Shirts Tie Workout Shorts Badges Workout Pants Par Tags Workout Socks Patches Workout Shoes Radio Straps Under Apparel (i.e. Under Armor) High Shine Shoes * Under apparel includes Aspen Mills inventory * The Fire Chief will determine at what cost the city will replace the small flashlight 21 Council Packet Page Number 118 of 431 G3, Attachment 3 22 Council Packet Page Number 119 of 431 G3, Attachment 3 Addendum B Initial Uniform Issuance Item Quantity Item Quantity Long Sleeve Shirt 4 Turnout Coat 1 Short Sleeve Shirt 4 Turnout Pants 1 Pants 4 Suspenders 1 Tie 1 Helmet 1 Summer Jacket 1 Helmet Front 1 Winter Jacket 1 Helmet Shield 1 Belt 1 Turnout Boots 1 Station Boots 1 Nomex Hood 1 Firefighting Station T-Shirt 4 Gloves 1 Stocking Hat 1 SCBA Mask 1 Badge 2 Ear Protection 1 Name Plate 2 Flashlight (Fire) 1 All Applicable Insignia N/A Yellow Rain Coat 1 23 Council Packet Page Number 120 of 431 G3, Attachment 3 Formatted: Font: Bold, Underline Addendum C Formatted: Centered, Tab stops: 2.08", Left 24 Council Packet Page Number 121 of 431 G3, Attachment 3 25 Council Packet Page Number 122 of 431 G3, Attachment 3 26 Council Packet Page Number 123 of 431 G3, Attachment 3 27 Council Packet Page Number 124 of 431 G3, Attachment 4 LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD AND LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 173) SERGEANTS Council Packet Page Number 125 of 431 G3, Attachment 4 January 1, 20212022- December 31, 2021 2022 Formatted: Left, No widow/orphan control, Tab stops: Not at 3.25" Formatted: Centered Formatted: Left, No widow/orphan control Council Packet Page Number 126 of 431 G3, Attachment 4 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ................................................................................ 13 ARTICLE 2: RECOGNITION ...................................................................................................... 13 ARTICLE 3: DEFINITIONS ......................................................................................................... 13 ARTICLE 4: EMPLOYER SECURITY ......................................................................................... 24 ARTICLE 5: EMPLOYER AUTHORITY ...................................................................................... 24 ARTICLE 6: UNION SECURITY ................................................................................................. 24 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................................. 35 ARTICLE 8: SAVINGS CLAUSE ................................................................................................ 57 ARTICLE 9: SENIORITY ............................................................................................................ 57 ARTICLE 10: DISCIPLINE .......................................................................................................... 68 ARTICLE 11: CONSTITUTIONAL PROTECTION ...................................................................... 68 ARTICLE 12: WORK SCHEDULES ............................................................................................ 68 ARTICLE 13: OVERTIME ........................................................................................................... 79 ARTICLE 14: COURT TIME ..................................................................................................... 810 ARTICLE 15: CALLBACK TIME ............................................................................................... 810 ARTICLE 16: VACATIONS/ANNUAL LEAVE ........................................................................... 810 ARTICLE 17: HOLIDAYS .......................................................................................................... 911 ARTICLE 18: SICK LEAVE ..................................................................................................... 1012 ARTICLE 19: SEVERANCE PAY ........................................................................................... 1113 ARTICLE 20: FUNERAL LEAVE ............................................................................................ 1113 ARTICLE 21: INJURY ON DUTY ............................................................................................ 1113 ARTICLE 22: INSURANCE ..................................................................................................... 1113 ARTICLE 23: STANDBY PAY ................................................................................................. 1416 ARTICLE 24: UNIFORMS ....................................................................................................... 1416 ARTICLE 25: LONGEVITY AND EDUCATIONAL INCENTIVE .............................................. 1416 ARTICLE 26: FALSE ARREST ............................................................................................... 1517 ARTICLE 27: WAIVER ............................................................................................................ 1517 ARTICLE 28: DURATION ....................................................................................................... 1618 APPENDIX A .......................................................................................................................... 1719 Council Packet Page Number 127 of 431 G3, Attachment 4 ARTICLE 1: PURPOSE OF AGREEMENT Formatted: Different first page header This Agreement is entered into between the City of Maplewood, hereinafter called the Employer, Formatted: Justified 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 Formatted: Justified 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. Formatted: Justified 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. Formatted: Justified 3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. Council Packet Page Number 128 of 431 G3, Attachment 4 3.11 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, 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, Formatted: Justified 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, Formatted: Justified 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 Formatted: Justified 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. Council Packet Page Number 129 of 431 G3, Attachment 4 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 Formatted: Justified 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. Formatted: Justified 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 Council Packet Page Number 130 of 431 G3, Attachment 4 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 Formatted: Justified 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. 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 Formatted: Justified 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 Formatted: Justified considered "waived". If a grievance is not responded to within the specified time limits, Council Packet Page Number 131 of 431 G3, Attachment 4 the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. 7.7 Choice of Remedy - If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article 7 or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7. ARTICLE 8: SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the City Formatted: Justified 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 Formatted: Justified 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 shall st . Such selection shall be completed by be selected from a posting posted by October 31 Council Packet Page Number 132 of 431 G3, Attachment 4 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 Formatted: Justified 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 Formatted: Justified Constitutions. ARTICLE 12: WORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by Formatted: Justified each Employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; Council Packet Page Number 133 of 431 G3, Attachment 4 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 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 Formatted: Justified 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. Council Packet Page Number 134 of 431 G3, Attachment 4 ARTICLE 14: COURT TIME Formatted: Justified 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 Formatted: Justified 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 16: VACATIONS/ANNUAL LEAVE 16.1 Full-time employees who are who are not accruing annual leave shall earn vacation leave Formatted: Justified 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. Council Packet Page Number 135 of 431 G3, Attachment 4 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. ARTICLE 17: HOLIDAYS 17.1 All full-time employees shall be entitled to observe the following ten (10) statutory holidays Formatted: Justified and shall be compensated at their regular pay rate for these days. Holiday hours will be st of each year. If employment is separated the balance will be made available January 1 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 Effective December 31, 2022, Juneteenth will be recognized as an observed holiday. 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 Formatted: Justified, Right: 0" 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. Formatted: Justified Council Packet Page Number 136 of 431 G3, Attachment 4 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 will not carry st will be converted to the over to the next year. Any unused hours as of December 31 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 Formatted: Justified 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. 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. Council Packet Page Number 137 of 431 G3, Attachment 4 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 Formatted: Justified 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 Formatted: Justified 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 rendered Formatted: Justified 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 2022 Health Care Costs/Contributions Formatted: Justified 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. Council Packet Page Number 138 of 431 G3, Attachment 4 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 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. Council Packet Page Number 139 of 431 G3, Attachment 4 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. 2021 2022 Health Care Costs/Contributions The Employer and the Employee mutually agreed to Health Care Costs and Contributions in 20212022. 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. 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: Council Packet Page Number 140 of 431 G3, Attachment 4 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 Formatted: Justified 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 Formatted: Justified 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: Formatted: Justified 25.1.1 After four years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of three and one half percent (3.5%) of that Employees base pay. 25.1.2 After six years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of five and one half percent (5.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the three and ½ percent (3.5%) four (4) year step set forth above. Specifically, the five and ½ percent (5.5%) is calculated on the base pay which shall not include the aforementioned three and ½ percent (3.5%) increase. 25.1.3 After eight (8) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of seven and one half percent 7.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the two steps set forth above. Specifically, the seven and ½ percent (7.5%) is calculated on the base pay which shall not include the aforementioned increases. 25.1.3 After twelve (12) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of nine and one half percent (9.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the three steps set forth above. Specifically, the nine and one half percent (9.5%) is calculated on the base pay which shall not include the aforementioned increases. Council Packet Page Number 141 of 431 G3, Attachment 4 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 Formatted: Justified Employees covered by this Agreement. ARTICLE 27: WAIVER 27.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding Formatted: Justified 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. 3127.3 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. Council Packet Page Number 142 of 431 G3, Attachment 4 ARTICLE 28: DURATION Except as herein provided, this Agreement shall be effective as of January 1, 20212022, except as herein noted, and shall continue in full force and effect until December 31, 2020 2022 and thereafter until modified or amended by mutual agreement of the parties. In witness whereof, the parties hereto have executed this Agreement on this ______day of _______________20222023. FOR THE CITY OF MAPLEWOOD: FOR L.E.L.S. ________________________________ _____________________________ Mayor Business Agent ________________________________ _____________________________ City Manager Steward ________________________________ _____________________________ Assistant City Manager/ Director of Human Steward Resources Council Packet Page Number 143 of 431 G3, Attachment 4 APPENDIX A 1. WAGE RATES Effective January 1, 2021 2022 Step 1 Start ........................................................................................ $7,962.968,281.48 Step 2 After 1 Year ............................................................................. $8,212.628,541.12 Step 3 After 2 Years .......................................................................... $8,463.588,802.12 Step 4 After 3 Years Top Sergeant Pay ............................................. $8,713.229,061.75 Formatted: Justified 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. A 4% wage adjustment effective January 1, 2022. 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. Council Packet Page Number 144 of 431 G3, Attachment 5 Wage Analysis Report WAGES2022202320242025TOTAL AFSCME 245,747 212,324 209,475 667,547 - IAFF 146,412 182,660 139,693 - 468, 765 MSA 32,807 43,676 38,484 114,967 - SERGEANTS 25,088 - - - 25, 088 TOTAL WAGES 171,500 461,214 395,693 247,959 1,276,367 Council Packet Page Number 145 of 431 G4 Council Packet Page Number 146 of 431 G4 Council Packet Page Number 147 of 431 G4, Attachment 1 Council Packet Page Number 148 of 431 G4, Attachment 2 CITYOF MAPLEWOOD FLEXIBLE BENEFITPLAN Council Packet Page Number 149 of 431 G4, Attachment 2 The Employer recognizes that the Plan Document is an important legal document and this document has been prepared based on OptumHealth Financial Services understanding of the Employer’s desired provisions. It may not conform to the Employer’s situation and the Employer should consult with its attorney on the legal and tax implications of the Plan. The Employer is responsible for reviewing all legal documents and ensuring that the documents are compliant with applicable law and consistent with the goals of the benefit plan. OptumHealth Financial Services is not engaged in the practice of law or giving tax advice and cannot be responsible for the legal and tax aspects of the Plan nor its appropriateness for the Employer’s situation. Council Packet Page Number 150 of 431 G4, Attachment 2 A DOPTION I NFORMATION P LAN T YPE: Section 125 Flexible Benefit Plan E MPLOYER, A DMINISTRATOR AND P LAN S PONSOR: City Of Maplewood 1830 County Road B East Maplewood, MN 55109 E MPLOYEE C LASSIFICATION: A full-time employee working 40 hours per week and eligible for the Employer-sponsored health plan(s). N EW H IRE E LIGIBILITY: Date of hire. P LAN N UMBER: 501 O RIGINAL E FFECTIVE D ATE: October 1, 1994 P LAN Y EAR: January 1 Î December 31 P LAN S ERVICE P ROVIDER: OptumHealth Financial Services, Inc. (OHFS) P LAN Y EAR M AXIMUM H EALTH F LEXIBLE S PENDING A CCOUNT R EDUCTION: $2850 (with future increases to allow for inflation) C ARRYOVER: A maximum of $570 may be carried forward each Plan Year to use for Health Flexible Spending Account expenses incurred in the next Plan Year. This amount may be adjusted in future Plan Years. P LAN Y EAR M AXIMUM D EPENDENT C ARE F LEXIBLE S PENDING A CCOUNT R EDUCTION: $5000 Refer to the Dependent Care section for additional information. C LAIMS P ROCESSING S CHEDULE: Daily Î (the turnaround time, from the point when the claim and documentation is received by OptumHealth to the point when reimbursement is deposited into the participantÓs account or mailed, is 5-6 business days). R UN-OUT P ERIOD FOR H EALTH AND D EPENDENT C ARE F LEXIBLE S PENDING A CCOUNTS: Claims st for expenses incurred in the prior Plan Year must be received no later than March 31. To be reimbursed you must deliver a completed claim form to: OptumHealth Financial Services, Inc. (OHFS) P.O. Box 30516 Salt Lake City, UT 84130-0516 Attention: EV Team Customer Care Center: 1-800-243-5543 Fax: 855-244-5016 Council Packet Page Number 151 of 431 G4, Attachment 2 A DOPTION I NFORMATION (C ONTINUED) You must attach a copy of your bill or receipt or other satisfactory third party documentation of the amount of the expense and the date(s) the expense was incurred (a canceled check is not sufficient). You must also certify that each expense is eligible for reimbursement under the Plan, that it has not been previously reimbursed under the Plan and that it is not reimbursable from any other source (e.g., insurance). After your claim is reviewed, processed, and approved, you will receive a reimbursement. You may check on your account information at www.optumbank.com by clicking on ÐAccount HolderÑ. You may also fax your claims and documentation to OHFS at (855) 244-5016. Claims with missing or illegible information will be denied, pending re-submission of legible information. If an expense is eligible for both medical and dependent care reimbursements, you may choose whether to submit the expense as a medical expense or a dependent care expense. You may also submit part of the expense for reimbursement under one type of coverage, and the remainder for reimbursement under the other, but you may only be reimbursed once for any expense. T ERMINATION G UIDELINES: H EALTH F LEXIBLE S PENDING A CCOUNT E MPLOYEE T ERMINATION G UIDELINES: N UMBER OF D AYS TO INCUR C LAIMS: For a medical expense to be eligible, it MUST be INCURRED on or before the last day of the month in which termination occurred. N UMBER OF D AYS TO SUBMIT C LAIMS A FTER L AST D AY OF E MPLOYMENT: 30 days D EPENDENT C ARE F LEXIBLE S PENDING A CCOUNT E MPLOYEE T ERMINATION G UIDELINES: N UMBER OF D AYS TO INCUR C LAIMS: The terminated employee has the remainder of the Plan Year to incur eligible dependent care expenses. W HEN M UST C LAIMS B E R ECEIVED B Y O PTUM H EALTH F INANCIAL S ERVICES, I NC. A FTER L AST D AY OF E MPLOYMENT: Claims for expenses incurred in the prior Plan Year must st be received no later than March 31. This Adoption Information may be used only in conjunction with the Flexible Benefit Plan Document and Summary Plan Description. This Adoption Information and the Flexible Plan document shall together be known as the Flexible Benefit Plan. Council Packet Page Number 152 of 431 G4, Attachment 2 TABLE OF CONTENTS ARTICLE I DEFINITIONS ARTICLE II PARTICIPATION 2.1 ELIGIBILITY ............................................................................................................................................................................... 2 2.2 EFFECTIVE DATE OF PARTICIPATION ................................................................................................................................. 2 2.3 APPLICATION TO PARTICIPATE ............................................................................................................................................ 2 2.4 TERMINATION OF PARTICIPATION ....................................................................................................................................... 3 2.5 TERMINATION OF EMPLOYMENT .......................................................................................................................................... 3 2.6 DEATH ....................................................................................................................................................................................... 3 ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION ........................................................................................................................................................... 3 3.2 APPLICATION OF CONTRIBUTIONS ...................................................................................................................................... 3 3.3 PERIODIC CONTRIBUTIONS .................................................................................................................................................. 4 ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS .................................................................................................................................................................. 4 4.2 HEALTH FLEXIBLE SPENDING ACCOUNT BENEFIT ........................................................................................................... 4 4.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT BENEFIT ........................................................................................ 4 4.4 HEALTH INSURANCE BENEFIT .............................................................................................................................................. 4 4.5 DENTAL INSURANCE BENEFIT .............................................................................................................................................. 4 4.6 GROUP-TERM LIFE INSURANCE BENEFIT ........................................................................................................................... 5 4.7 DISABILITY INSURANCE BENEFIT ......................................................................................................................................... 5 4.8 VISION INSURANCE BENEFIT ................................................................................................................................................ 5 4.9 PREMIUM EXPENSE ACCOUNT BENEFIT ............................................................................................................................ 5 4.10 NONDISCRIMINATION REQUIREMENTS ............................................................................................................................... 5 ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS ................................................................................................................................................................. 6 5.2 SUBSEQUENT ANNUAL ELECTIONS ..................................................................................................................................... 6 5.3 FAILURE TO ELECT ................................................................................................................................................................. 6 5.4 CHANGE IN STATUS ................................................................................................................................................................ 6 ARTICLE VI HEALTH FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN .................................................................................................................................................... 8 6.2 DEFINITIONS ............................................................................................................................................................................ 8 6.3 FORFEITURES ......................................................................................................................................................................... 9 6.4 LIMITATION ON ALLOCATIONS .............................................................................................................................................. 9 6.5 NONDISCRIMINATION REQUIREMENTS ............................................................................................................................... 9 6.6 COORDINATION WITH CAFETERIA PLAN ............................................................................................................................. 9 6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS ............................................................................................................. 9 Council Packet Page Number 153 of 431 G4, Attachment 2 6.8 DEBIT AND CREDIT CARDS ................................................................................................................................................... 10 ARTICLE VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT 7.1 ESTABLISHMENT OF ACCOUNT ............................................................................................................................................ 11 7.2 DEFINITIONS ............................................................................................................................................................................ 11 7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS ...................................................................................................... 11 7.4 INCREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS ............................................................................ 11 7.5 DECREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS .......................................................................... 12 7.6 ALLOWABLE DEPENDENT CARE REIMBURSEMENT .......................................................................................................... 12 7.7 ANNUAL STATEMENT OF BENEFITS .................................................................................................................................... 12 7.8 FORFEITURES ......................................................................................................................................................................... 12 7.9 LIMITATION ON PAYMENTS ................................................................................................................................................... 12 7.10 NONDISCRIMINATION REQUIREMENTS ............................................................................................................................... 12 7.11 COORDINATION WITH CAFETERIA PLAN ............................................................................................................................. 12 7.12 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT CLAIMS .......................................................................................... 12 7.13 DEBIT AND CREDIT CARDS ................................................................................................................................................... 13 ARTICLE VIII BENEFITS AND RIGHTS 8.1 CLAIM FOR BENEFITS ............................................................................................................................................................ 14 8.2 APPLICATION OF BENEFIT PLAN SURPLUS ........................................................................................................................ 14 ARTICLE IX ADMINISTRATION 9.1 PLAN ADMINISTRATION ......................................................................................................................................................... 15 9.2 EXAMINATION OF RECORDS ................................................................................................................................................. 15 9.3 PAYMENT OF EXPENSES ....................................................................................................................................................... 15 9.4 INSURANCE CONTROL CLAUSE ........................................................................................................................................... 16 9.5 INDEMNIFICATION OF ADMINISTRATOR .............................................................................................................................. 16 ARTICLE X AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT ............................................................................................................................................................................ 16 10.2 TERMINATION .......................................................................................................................................................................... 16 ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION ......................................................................................................................................................... 16 11.2 GENDER, NUMBER AND TENSE ............................................................................................................................................ 16 11.3 WRITTEN DOCUMENT............................................................................................................................................................. 16 11.4 EXCLUSIVE BENEFIT .............................................................................................................................................................. 16 11.5 PARTICIPANT'S RIGHTS ......................................................................................................................................................... 16 11.6 ACTION BY THE EMPLOYER .................................................................................................................................................. 17 11.7 EMPLOYER'S PROTECTIVE CLAUSES .................................................................................................................................. 17 11.8 NO GUARANTEE OF TAX CONSEQUENCES ........................................................................................................................ 17 11.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS ...................................................................................................... 17 11.10 FUNDING................................................................................................................................................................................... 17 Council Packet Page Number 154 of 431 G4, Attachment 2 11.11 GOVERNING LAW .................................................................................................................................................................... 17 11.12 SEVERABILITY ......................................................................................................................................................................... 17 11.13 CAPTIONS ................................................................................................................................................................................ 17 11.14 FAMILY AND MEDICAL LEAVE ACT (FMLA) .......................................................................................................................... 17 11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) ...................................................................... 17 11.16 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) ............................................. 18 11.17 COMPLIANCE WITH HIPAA PRIVACY STANDARDS ............................................................................................................ 18 11.18 COMPLIANCE WITH HIPAA ELECTRONIC SECURITY STANDARDS .................................................................................. 19 11.19 MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT .................................................................................................. 19 11.20 GENETIC INFORMATION NONDISCRIMINATION ACT (GINA) ............................................................................................. 19 11.21 WOMEN'S HEALTH AND CANCER RIGHTS ACT .................................................................................................................. 19 11.22 NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT ................................................................................................ 19 Council Packet Page Number 155 of 431 G4, Attachment 2 CITY OF MAPLEWOOD FLEXIBLE BENEFIT PLAN INTRODUCTION The Employer has amended this Plan effective January 01, 2023. The concept of this Plan is to allow Employees to choose among different types of benefits based on their own particular goals, desires and needs. This Plan is a restatement of a Plan which was originally effective on October 01, 1994. The Plan shall be known as City Of Maplewood Flexible Benefit Plan (the "Plan"). The intention of the Employer is that the Plan qualify as a "Cafeteria Plan" within the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the benefits which an Employee elects to receive under the Plan be excludable from the Employee's income under Section 125(a) and other applicable sections of the Internal Revenue Code of 1986, as amended. ARTICLE I DEFINITIONS 1.1 "Administrator" means the Employer unless another person or entity has been designated by the Employer pursuant to Section 9.1 to administer the Plan on behalf of the Employer. If the Employer is the Administrator, the Employer may appoint any person, including, but not limited to, the Employees of the Employer, to perform the duties of the Administrator. Any person so appointed shall signify acceptance by filing written acceptance with the Employer. Upon the resignation or removal of any individual performing the duties of the Administrator, the Employer may designate a successor. 1.2 "Affiliated Employer" means the Employer and any corporation which is a member of a controlled group of corporations (as defined in Code Section 414(b)) which includes the Employer; any trade or business (whether or not incorporated) which is under common control (as defined in Code Section 414(c)) with the Employer; any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in Code Section 414(m)) which includes the Employer; and any other entity required to be aggregated with the Employer pursuant to Treasury regulations under Code Section 414(o). 1.3 "Benefit" or "Benefit Options" means any of the optional benefit choices available to a Participant as outlined in Section 4.1. 1.4 "Cafeteria Plan Benefit Dollars" means the amount available to Participants to purchase Benefit Options as provided under Section 4.1. Each dollar contributed to this Plan shall be converted into one Cafeteria Plan Benefit Dollar. 1.5 "Code" means the Internal Revenue Code of 1986, as amended or replaced from time to time. 1.6 "Compensation" means the amounts received by the Participant from the Employer during a Plan Year. 1.7 "Dependent" means any individual who qualifies as a dependent under an Insurance Contract for purposes of coverage under that Contract only or under Code Section 152 (as modified by Code Section 105(b)). "Dependent" shall include any Child of a Participant who is covered under an Insurance Contract, as defined in the Contract, or under the Health Flexible Spending Account or as allowed by reason of the Affordable Care Act. For purposes of the Health Flexible Spending Account, a Participant's "Child" includes his/her natural child, stepchild, foster child, adopted child, or a child placed with the Participant for adoption. A Participant's Child will be an eligible Dependent until reaching the limiting age of 26, without regard to student status, marital status, financial dependency or residency status with the Employee or any other person. When the child reaches the applicable limiting age, coverage will end at the end of the calendar year. The phrase "placed for adoption" refers to a child whom the Participant intends to adopt, whether or not the adoption has become final, who has not attained the age of 18 as of the date of such placement for adoption. The term "placed" means the assumption and retention by such Employee of a legal obligation for total or partial support of the child in anticipation of adoption of the child. The child must be available for adoption and the legal process must have commenced. 1.8 "Effective Date" means October 01, 1994. 1.9 "Election Period" means the period immediately preceding the beginning of each Plan Year established by the Administrator, such period to be applied on a uniform and nondiscriminatory basis for all Employees and Participants. However, an Employee's initial Election Period shall be determined pursuant to Section 5.1. 1.10 "Eligible Employee" means any Employee who has satisfied the provisions of Section 2.1. An individual shall not be an "Eligible Employee" if such individual is not reported on the payroll records of the Employer as a common law employee. In particular, it is expressly intended that individuals not treated as common law employees by the Employer on its payroll records are not "Eligible Employees" and are excluded from Plan participation even if a court or administrative agency determines that such individuals are common law employees and not independent contractors. 1.11 "Employee" means any person who is employed by the Employer. The term Employee shall include leased employees within the meaning of Code Section 414(n)(2). 1 Council Packet Page Number 156 of 431 G4, Attachment 2 1.12 "Employer" means City Of Maplewood and any successor which shall maintain this Plan; and any predecessor which has maintained this Plan. In addition, where appropriate, the term Employer shall include any Participating, Affiliated or Adopting Employer. 1.13 "Insurance Contract" means any contract issued by an Insurer underwriting a Benefit. 1.14 "Insurance Premium Payment Plan" means the plan of benefits contained in Section 4.1 of this Plan, which provides for the payment of Premium Expenses. 1.15 "Insurer" means any insurance company that underwrites a Benefit under this Plan. 1.16 "Key Employee" means an Employee described in Code Section 416(i)(1) and the Treasury regulations thereunder. 1.17 "Participant" means any Eligible Employee who elects to become a Participant pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the Plan. 1.18 "Plan" means this instrument, including all amendments thereto. 1.19 "Plan Year" means the 12-month period beginning January 01 and ending December 31. The Plan Year shall be the coverage period for the Benefits provided for under this Plan. In the event a Participant commences participation during a Plan Year, then the initial coverage period shall be that portion of the Plan Year commencing on such Participant's date of entry and ending on the last day of such Plan Year. 1.20 "Premium Expenses" or "Premiums" mean the Participant's cost for the Benefits described in Section 4.1. 1.21 "Premium Expense Account" means the account established for a Participant pursuant to this Plan to which part of his Cafeteria Plan Benefit Dollars may be allocated and from which Premiums of the Participant shall be paid or reimbursed. If more than one type of insured Benefit is elected, sub-accounts shall be established for each type of insured Benefit. 1.22 "Salary Redirection" means the contributions made by the Employer on behalf of Participants pursuant to Section 3.1. These contributions shall be converted to Cafeteria Plan Benefit Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made under Article V. 1.23 "Salary Redirection Agreement" means an agreement between the Participant and the Employer under which the Participant agrees to reduce his Compensation or to forego all or part of the increases in such Compensation and to have such amounts contributed by the Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply only to Compensation that has not been actually or constructively received by the Participant as of the date of the agreement (after taking this Plan and Code Section 125 into account) and, subsequently does not become currently available to the Participant. 1.24 "Spouse" means spouse as determined under Federal law. ARTICLE II PARTICIPATION 2.1 ELIGIBILITY Any Eligible Employee shall be eligible to participate hereunder as of the date he satisfies the eligibility conditions defined in the Adoption Information (or the Effective Date of the Plan, if later). However, any Eligible Employee who was a Participant in the Plan on the effective date of this amendment shall continue to be eligible to participate in the Plan. 2.2 EFFECTIVE DATE OF PARTICIPATION An Eligible Employee shall become a Participant effective as of the date on which he satisfies the requirements of Section 2.1. 2.3 APPLICATION TO PARTICIPATE An Employee who is eligible to participate in this Plan shall, during the applicable Election Period, complete an application to participate in a manner set forth by the Administrator. The election shall be irrevocable until the end of the applicable Plan Year unless the Participant is entitled to change his Benefit elections pursuant to Section 5.4 hereof. An Eligible Employee shall also be required to complete a Salary Redirection Agreement during the Election Period for the Plan Year during which he wishes to participate in this Plan. Any such Salary Redirection Agreement shall be effective for the first pay period beginning on or after the Employee's effective date of participation pursuant to Section 2.2. Notwithstanding the foregoing, an Employee who is eligible to participate in this Plan and who is covered by the Employer's insured Benefits under this Plan shall automatically become a Participant to the extent of the Premiums for such insurance unless the Employee elects, during the Election Period, not to participate in the Plan. 2 Council Packet Page Number 157 of 431 G4, Attachment 2 2.4 TERMINATION OF PARTICIPATION A Participant shall no longer participate in this Plan upon the occurrence of any of the following events: (a) Termination of employment. The Participant's termination of employment, subject to the provisions of Section 2.5; (b) Death. The Participant's death, subject to the provisions of Section 2.6; or (c) Termination of the plan. The termination of this Plan, subject to the provisions of Section 10.2. 2.5 TERMINATION OF EMPLOYMENT If a Participant's employment with the Employer is terminated for any reason other than death, his participation in the Benefit Options provided under Section 4.1 shall be governed in accordance with the following: (a) Insurance Benefit. With regard to Benefits which are insured, the Participant's participation in the Plan shall cease, subject to the Participant's right to continue coverage under any Insurance Contract for which premiums have already been paid. (b) Dependent Care FSA. With regard to the Dependent Care Flexible Spending Account, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be made. However, such Participant may submit claims for employment related Dependent Care Expense reimbursements for claims incurred up to the end of the Plan Year in which termination occurred and submitted within the timeframe listed in the Adoption Information, based on the level of the Participant's Dependent Care Flexible Spending Account as of the date of termination. (c) Health FSA. With regard to the Health Flexible Spending Account, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be made. However, such Participant may submit claims for expenses that were incurred during the portion of the Plan Year before the end of the period for which payments to the Health Flexible Spending Account have already been made for claims incurred up to the date of termination and submitted within the number of days listed in the Adoption Information. (d) Health FSA treatment. In the event a Participant terminates his participation in the Health Flexible Spending Account during the Plan Year, if Salary Redirections are made other than on a pro rata basis, upon termination the Participant shall be entitled to a reimbursement for any Salary Redirection previously paid for coverage or benefits relating to the period after the date of the Participant's separation from service regardless of the Participant's claims or reimbursements as of such date. 2.6 DEATH If a Participant dies, his participation in the Plan shall cease. However, such Participant's Spouse or Dependents may submit claims for expenses or benefits for the remainder of the Plan Year or until the Cafeteria Plan Benefit Dollars allocated to each specific benefit are exhausted. In no event may reimbursements be paid to someone who is not a Spouse or Dependent. ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION Benefits under the Plan shall be financed by Salary Redirections sufficient to support Benefits that a Participant has elected hereunder and to pay the Participant's Premium Expenses. The salary administration program of the Employer shall be revised to allow each Participant to agree to reduce his pay during a Plan Year by an amount determined necessary to purchase the elected Benefit Options. The amount of such Salary Redirection shall be specified in the Salary Redirection Agreement and shall be applicable for a Plan Year. Notwithstanding the above, for new Participants, the Salary Redirection Agreement shall only be applicable from the first day of the pay period following the Employee's entry date up to and including the last day of the Plan Year. These contributions shall be converted to Cafeteria Plan Benefit Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made under Article IV. Any Salary Redirection shall be determined prior to the beginning of a Plan Year (subject to initial elections pursuant to Section 5.1) and prior to the end of the Election Period and shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit election or a Salary Redirection Agreement after the Plan Year has commenced and make a new election with respect to the remainder of the Plan Year, if both the revocation and the new election are on account of and consistent with a change in status and such other permitted events as determined under Article V of the Plan and consistent with the rules and regulations of the Department of the Treasury. Salary Redirection amounts shall be contributed on a pro rata basis for each pay period during the Plan Year. All individual Salary Redirection Agreements are deemed to be part of this Plan and incorporated by reference hereunder. 3.2 APPLICATION OF CONTRIBUTIONS As soon as reasonably practical after each payroll period, the Employer shall apply the Salary Redirection to provide the Benefits elected by the affected Participants. Any contribution made or withheld for the Health Flexible Spending Account or 3 Council Packet Page Number 158 of 431 G4, Attachment 2 Dependent Care Flexible Spending Account shall be credited to such fund or account. Amounts designated for the Participant's Premium Expense Account shall likewise be credited to such account for the purpose of paying Premium Expenses. 3.3 PERIODIC CONTRIBUTIONS Notwithstanding the requirement provided above and in other Articles of this Plan that Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee on a level and pro rata basis for each payroll period, the Employer and Administrator may implement a procedure in which Salary Redirections are contributed throughout the Plan Year on a periodic basis that is not pro rata for each payroll period. However, with regard to the Health Flexible Spending Account, the payment schedule for the required contributions may not be based on the rate or amount of reimbursements during the Plan Year. In the event Salary Redirections to the Health Flexible Spending Account are not made on a pro rata basis, upon termination of participation, a Participant may be entitled to a refund of such Salary Redirections pursuant to Section 2.5. ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS Each Participant may elect any one or more of the following optional Benefits: (1) Health Flexible Spending Account (2) Dependent Care Flexible Spending Account In addition, each Participant shall have a sufficient portion of his Salary Redirections applied to the following Benefits unless the Participant elects not to receive such Benefits: (3) Health Insurance Benefit (4) Dental Insurance Benefit (5) Group-Term Life Insurance Benefit (6) Disability Insurance Benefit (7) Vision Insurance Benefit (8) Premium Expense Account 4.2 HEALTH FLEXIBLE SPENDING ACCOUNT BENEFIT Each Participant may elect to participate in the Health Flexible Spending Account option, in which case Article VI shall apply. 4.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT BENEFIT Each Participant may elect to participate in the Dependent Care Flexible Spending Account option, in which case Article VII shall apply. 4.4 HEALTH INSURANCE BENEFIT (a) Coverage for Participant and Dependents. Each Participant may elect to be covered under a health Insurance Contract for the Participant, his or her Spouse, and his or her Dependents. (b) Employer selects contracts. The Employer may select suitable health Insurance Contracts for use in providing this health insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from such health Insurance Contract shall be determined therefrom, and such Insurance Contract shall be incorporated herein by reference. 4.5 DENTAL INSURANCE BENEFIT (a) Coverage for Participant and/or Dependents. Each Participant may elect to be covered under the Employer's dental Insurance Contract. In addition, the Participant may elect either individual or family coverage under such Insurance Contract. (b) Employer selects contracts. The Employer may select suitable dental Insurance Contracts for use in providing this dental insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. 4 Council Packet Page Number 159 of 431 G4, Attachment 2 (c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from such dental Insurance Contract shall be determined therefrom, and such dental Insurance Contract shall be incorporated herein by reference. 4.6 GROUP-TERM LIFE INSURANCE BENEFIT (a) Coverage for Participant only. Each Participant may elect to be covered under the Employer's group-term life Insurance Contract. (b) Employer selects contracts. The Employer may select suitable group-term life Insurance Contracts for use in providing this group-term life insurance benefit, which policies will provide benefits for all Participants electing this Benefit on a uniform basis. (c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from such group-term life Insurance Contract shall be determined therefrom, and such group-term life Insurance Contract shall be incorporated herein by reference. 4.7 DISABILITY INSURANCE BENEFIT (a) Coverage for Participant and/or Dependents. Each Participant may elect to be covered under the Employer's disability Insurance Contract. (b) Long term and/or short term coverage selected by Employer. The Employer may select suitable disability Insurance Contracts for use in providing this disability Benefit. The disability Insurance Contracts may provide for long-term or short-term coverage. (c) Contract incorporated by reference. The rights and conditions with respect to the Benefits payable from such disability Insurance Contract shall be determined therefrom, and such disability Insurance Contract shall be incorporated herein by reference. 4.8 VISION INSURANCE BENEFIT (a) Coverage for Participant and/or Dependents. Each Participant may elect to be covered under the Employer's vision Insurance Contract. In addition, the Participant may elect either individual or family coverage. (b) Employer selects contracts. The Employer may select suitable vision Insurance Contracts for use in providing this vision insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from such vision Insurance Contract shall be determined therefrom, and such vision Insurance Contract shall be incorporated herein by reference. 4.9 PREMIUM EXPENSE ACCOUNT BENEFIT (a) Employer selects contracts. The Employer may select health or other policies allowed under Code Section 125 or allow the purchase of additional health or other policies by and for Participants, which policies will provide uniform benefits for all Participants electing this Benefit. These policies can include any qualified Employer sponsored health, dental, vision, employee-only group term life (up to $50,000 death benefit), disability, accident, cancer and intensive care insurance plans. (b) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from any additional Insurance Contract shall be determined therefrom, and such Insurance Contract shall be incorporated herein by reference. 4.10 NONDISCRIMINATION REQUIREMENTS (a) Intent to be nondiscriminatory. It is the intent of this Plan to provide benefits to a classification of employees which the Secretary of the Treasury finds not to be discriminatory in favor of the group in whose favor discrimination may not occur under Code Section 125. (b) 25% concentration test. It is the intent of this Plan not to provide qualified benefits as defined under Code Section 125 to Key Employees in amounts that exceed 25% of the aggregate of such Benefits provided for all Eligible Employees under the Plan. For purposes of the preceding sentence, qualified benefits shall not include benefits which (without regard to this paragraph) are includible in gross income. (c) Adjustment to avoid test failure. If the Administrator deems it necessary to avoid discrimination or possible taxation to Key Employees or a group of employees in whose favor discrimination may not occur in violation of Code Section 125, it may, but shall not be required to, reduce contributions or non-taxable Benefits in order to assure compliance with the Code and regulations. Any act taken by the Administrator shall be carried out in a uniform and nondiscriminatory manner. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and deposited into the benefit plan surplus. 5 Council Packet Page Number 160 of 431 G4, Attachment 2 ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS An Employee who meets the eligibility requirements of Section 2.1 on the first day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such Plan Year, provided he elects to do so on or before his effective date of participation pursuant to Section 2.2. Notwithstanding the foregoing, an Employee who is eligible to participate in this Plan and who is covered by the Employer's insured benefits under this Plan shall automatically become a Participant to the extent of the Premiums for such insurance unless the Employee elects, during the Election Period, not to participate in the Plan. 5.2 SUBSEQUENT ANNUAL ELECTIONS During the Election Period prior to each subsequent Plan Year, each Participant shall be given the opportunity to elect, on an election of benefits form to be provided by the Administrator, which spending account Benefit options he wishes to select. Any such election shall be effective for any Benefit expenses incurred during the Plan Year which follows the end of the Election Period. With regard to subsequent annual elections, the following options shall apply: (a) A Participant or Employee who failed to initially elect to participate may elect different or new Benefits under the Plan during the Election Period; (b) A Participant may terminate his participation in the Plan by notifying the Administrator in writing during the Election Period that he does not want to participate in the Plan for the next Plan Year; (c) An Employee who elects not to participate for the Plan Year following the Election Period will have to wait until the next Election Period before again electing to participate in the Plan, except as provided for in Section 5.4. 5.3 FAILURE TO ELECT With regard to Benefits available under the Plan for which no Premium Expenses apply, any Participant who fails to complete a new benefit election form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have elected not to participate in the Plan for the upcoming Plan Year. No further Salary Redirections shall therefore be authorized or made for the subsequent Plan Year for such Benefits. With regard to Benefits available under the Plan for which Premium Expenses apply, any Participant who fails to complete a new benefit election form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have made the same Benefit elections as are then in effect for the current Plan Year. The Participant shall also be deemed to have elected Salary Redirection in an amount necessary to purchase such Benefit options. 5.4 CHANGE IN STATUS (a) Change in status defined. Any Participant may change a Benefit election after the Plan Year (to which such election relates) has commenced and make new elections with respect to the remainder of such Plan Year if, under the facts and circumstances, the changes are necessitated by and are consistent with a change in status which is acceptable under rules and regulations adopted by the Department of the Treasury, the provisions of which are incorporated by reference. Notwithstanding anything herein to the contrary, if the rules and regulations conflict, then such rules and regulations shall control. In general, a change in election is not consistent if the change in status is the Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, and the Participant's election under the Plan is to cancel accident or health insurance coverage for any individual other than the one involved in such event. In addition, if the Participant, Spouse or Dependent gains or loses eligibility for coverage, then a Participant's election under the Plan to cease or decrease coverage for that individual under the Plan corresponds with that change in status only if coverage for that individual becomes applicable or is increased under the family member plan. Regardless of the consistency requirement, if the individual, the individual's Spouse, or Dependent becomes eligible for continuation coverage under the Employer's group health plan as provided in Code Section 4980B or any similar state law, then the individual may elect to increase payments under this Plan in order to pay for the continuation coverage. However, this does not apply for COBRA eligibility due to divorce, annulment or legal separation. Any new election shall be effective at such time as the Administrator shall prescribe, but not earlier than the first pay period beginning after the election form is completed and returned to the Administrator. For the purposes of this subsection, a change in status shall only include the following events or other events permitted by Treasury regulations: (1) Legal Marital Status: events that change a Participant's legal marital status, including marriage, divorce, death of a Spouse, legal separation or annulment; 6 Council Packet Page Number 161 of 431 G4, Attachment 2 (2) Number of Dependents: Events that change a Participant's number of Dependents, including birth, adoption, placement for adoption, or death of a Dependent; (3) Employment Status: Any of the following events that change the employment status of the Participant, Spouse, or Dependent: termination or commencement of employment, a strike or lockout, commencement or return from an unpaid leave of absence, or a change in worksite. In addition, if the eligibility conditions of this Plan or other employee benefit plan of the Employer of the Participant, Spouse, or Dependent depend on the employment status of that individual and there is a change in that individual's employment status with the consequence that the individual becomes (or ceases to be) eligible under the plan, then that change constitutes a change in employment under this subsection; (4) Dependent satisfies or ceases to satisfy the eligibility requirements: An event that causes the Participant's Dependent to satisfy or cease to satisfy the requirements for coverage due to attainment of age, student status, or any similar circumstance; and (5) Residency: A change in the place of residence of the Participant, Spouse or Dependent, that would lead to a change in status (such as a loss of HMO coverage). For the Dependent Care Flexible Spending Account, a Dependent becoming or ceasing to be a "Qualifying Dependent" as defined under Code Section 21(b) shall also qualify as a change in status. Notwithstanding anything in this Section to the contrary, the gain of eligibility or change in eligibility of a child, as allowed under Code Sections 105(b) and 106, and guidance thereunder, shall qualify as a change in status. (b) Special enrollment rights. Notwithstanding subsection (a), the Participants may change an election for group health coverage during a Plan Year and make a new election that corresponds with the special enrollment rights provided in Code Section 9801(f), including those authorized under the provisions of the Children's Health Insurance Program Reauthorization Act of 2009 (SCHIP); provided that such Participant meets the sixty (60) day notice requirement imposed by Code Section 9801(f) (or such longer period as may be permitted by the Plan and communicated to Participants). Such change shall take place on a prospective basis, unless otherwise required by Code Section 9801(f) to be retroactive. (c) Qualified Medical Support Order. Notwithstanding subsection (a), in the event of a judgment, decree, or order (including approval of a property settlement) ("order") resulting from a divorce, legal separation, annulment, or change in legal custody which requires accident or health coverage for a Participant's child (including a foster child who is a Dependent of the Participant): (1) The Plan may change an election to provide coverage for the child if the order requires coverage under the Participant's plan; or (2) The Participant shall be permitted to change an election to cancel coverage for the child if the order requires the former Spouse to provide coverage for such child, under that individual's plan and such coverage is actually provided. (d) Medicare or Medicaid. Notwithstanding subsection (a), a Participant may change elections to cancel or reduce accident or health coverage for the Participant or the Participant's Spouse or Dependent if the Participant or the Participant's Spouse or Dependent is enrolled in the accident or health coverage of the Employer and becomes entitled to coverage (i.e., enrolled) under Part A or Part B of the Title XVIII of the Social Security Act (Medicare) or Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under Section 1928 of the Social Security Act (the program for distribution of pediatric vaccines). If the Participant or the Participant's Spouse or Dependent who has been entitled to Medicaid or Medicare coverage loses eligibility, that individual may prospectively elect coverage under the Plan if a benefit package option under the Plan provides similar coverage. (e) Cost increase or decrease. If the cost of a Benefit provided under the Plan increases or decreases during a Plan Year, then the Plan shall automatically increase or decrease, as the case may be, the Salary Redirections of all affected Participants for such Benefit. Alternatively, if the cost of a benefit package option increases significantly, the Administrator shall permit the affected Participants to either make corresponding changes in their payments or revoke their elections and, in lieu thereof, receive on a prospective basis coverage under another benefit package option with similar coverage, or drop coverage prospectively if there is no benefit package option with similar coverage. A cost increase or decrease refers to an increase or decrease in the amount of elective contributions under the Plan, whether resulting from an action taken by the Participants or an action taken by the Employer. (f) Loss of coverage. If the coverage under a Benefit is significantly curtailed or ceases during a Plan Year, affected Participants may revoke their elections of such Benefit and, in lieu thereof, elect to receive on a prospective basis coverage under another plan with similar coverage, or drop coverage prospectively if no similar coverage is offered. (g) Addition of a new benefit. If, during the period of coverage, a new benefit package option or other coverage option is added, an existing benefit package option is significantly improved, or an existing benefit package option or other coverage option is eliminated, then the affected Participants may elect the newly-added option, or elect another option if an option has been eliminated prospectively and make corresponding election changes with respect to other benefit 7 Council Packet Page Number 162 of 431 G4, Attachment 2 package options providing similar coverage. In addition, those Eligible Employees who are not participating in the Plan may opt to become Participants and elect the new or newly improved benefit package option. (h) Loss of coverage under certain other plans. A Participant may make a prospective election change to add group health coverage for the Participant, the Participant's Spouse or Dependent if such individual loses group health coverage sponsored by a governmental or educational institution, including a state children's health insurance program under the Social Security Act, the Indian Health Service or a health program offered by an Indian tribal government, a state health benefits risk pool, or a foreign government group health plan. (i) Change of coverage due to change under certain other plans. A Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of a SpouseÓs, former SpouseÓs or DependentÓs employer if (1) the cafeteria plan or other benefits plan of the SpouseÓs, former SpouseÓs or DependentÓs employer permits its participants to make a change; or (2) the cafeteria plan permits Participants to make an election for a period if coverage that is different from the period of coverage under the cafeteria plan of a SpouseÓs, former SpouseÓs or DependentÓs employer (j) Change in dependent care provider. A Participant may make a prospective election change that is on account of and corresponds with a change by the Participant in the dependent care provider. The availability of dependent care services from a new childcare provider is similar to a new benefit package option becoming available. A cost change is allowable in the Dependent Care Flexible Spending Account only if the cost change is imposed by a dependent care provider who is not related to the Participant, as defined in Code Section 152(a)(1) through (8). (k) Health FSA cannot change due to insurance change. A Participant shall not be permitted to change an election to the Health Flexible Spending Account as a result of a cost or coverage change under any health insurance benefits. ARTICLE VI HEALTH FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN This Health Flexible Spending Account is intended to qualify as a medical reimbursement plan under Code Section 105 and shall be interpreted in a manner consistent with such Code Section and the Treasury regulations thereunder. Participants who elect to participate in this Health Flexible Spending Account may submit claims for the reimbursement of Medical Expenses. All amounts reimbursed shall be periodically paid from amounts allocated to the Health Flexible Spending Account. Periodic payments reimbursing Participants from the Health Flexible Spending Account shall in no event occur less frequently than monthly. 6.2 DEFINITIONS For the purposes of this Article and the Cafeteria Plan, the terms below have the following meaning: (a) "Health Flexible Spending Account" means the account established for Participants pursuant to this Plan to which part of their Cafeteria Plan Benefit Dollars may be allocated and from which all allowable Medical Expenses incurred by a Participant, his or her Spouse and his or her Dependents may be reimbursed. (b) "Highly Compensated Participant" means, for the purposes of this Article and determining discrimination under Code Section 105(h), a participant who is: (1) one of the 5 highest paid officers; (2) a shareholder who owns (or is considered to own applying the rules of Code Section 318) more than 10 percent in value of the stock of the Employer; or an exclusions permitted by Code Section (3) among the highest paid 25 percent of all Employees (other th 105(h)(3)(B) for those individuals who are not Participants). (c) "Medical Expenses" means any expense for medical care within the meaning of the term "medical care" as defined in Code Section 213(d) and the rulings and Treasury regulations thereunder, and not otherwise used by the Participant as a deduction in determining his tax liability under the Code. "Medical Expenses" can be incurred by the Participant, his or her Spouse and his or her Dependents. "Incurred" means, with regard to Medical Expenses, when the Participant is provided with the medical care that gives rise to the Medical Expenses, and not when the Participant is formally billed or charged for, or pays for the medical care. A Participant may be reimbursed for the cost of any medicine or drug for medical care, within the meaning of the term Ðmedical careÑ as defined in Code Section 213(d) and the rulings and Treasury regulations thereunder, that is not ÐprescribedÑ. Prescription drugs and insulin remain covered expenses. A Participant may not be reimbursed for the cost of other health coverage such as premiums paid under plans maintained by the employer of the Participant's Spouse or individual policies maintained by the Participant or his Spouse or Dependent. 8 Council Packet Page Number 163 of 431 G4, Attachment 2 A Participant may not be reimbursed for "qualified long-term care services" as defined in Code Section 7702B(c). (d) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Health Flexible Spending Account. 6.3 FORFEITURES The amount in the Health Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 6.7 hereof, excluding any carryover) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason, subject to Section 8.2. 6.4 LIMITATION ON ALLOCATIONS (a) Notwithstanding any provision contained in this Health Flexible Spending Account to the contrary, the maximum amount of salary reductions that may be allocated to the Health Flexible Spending Account by a Participant in or on account of any Plan Year is $2,850, as adjusted for increases in the cost of living in accordance with Code Section 125(i)(2). The cost of living adjustment in effect for a calendar year applies to any Plan Year beginning with or within such calendar year. The dollar increase in effect on January 1 of any calendar year shall be effective for the Plan Year beginning with or within such calendar year. For any short Plan Year, the limit shall be an amount equal to the limit for the calendar year in which the Plan Year begins multiplied by the ratio obtained by dividing the number of full months in the short Plan Year by twelve (12). (b) Participation in Other Plans. All employers that are treated as a single employer under Code Sections 414(b), (c), or (m), relating to controlled groups and affiliated service groups, are treated as a single employer for purposes of the statutory limit. If a Participant participates in multiple cafeteria plans offering health flexible spending accounts maintained by members of a controlled group or affiliated service group, the Participant's total Health Flexible Spending Account contributions under all of the cafeteria plans are limited to the statutory limit (as adjusted). However, a Participant employed by two or more employers that are not members of the same controlled group may elect up to the statutory limit (as adjusted) under each Employer's Health Flexible Spending Account. (c) Carryover. A Participant in the Health Flexible Spending Account may roll over up to $570 of unused amounts in the Health Flexible Spending Account remaining at the end of one Plan Year to the immediately following Plan Year. Such limit shall be adjusted in future years, as indexed to 20% of the statutory limit under Code Section 125(i) for Health Flexible Spending Accounts. These amounts can be used during the following Plan Year for expenses incurred in that Plan Year. Amounts carried over do not affect the maximum amount of salary redirection contributions for the Plan Year to which they are carried over. Unused amounts are those remaining after expenses have been reimbursed during the runout period. These amounts may not be cashed out or converted to any other taxable or nontaxable benefit. Amounts in excess of $570 will be forfeited. The Plan is allowed, but not required, to treat claims as being paid first from the current year amounts, then from the carryover amounts. 6.5 NONDISCRIMINATION REQUIREMENTS (a) Intent to be nondiscriminatory. It is the intent of this Health Flexible Spending Account not to discriminate in violation of the Code and the Treasury regulations thereunder. (b) Adjustment to avoid test failure. If the Administrator deems it necessary to avoid discrimination under this Health Flexible Spending Account, it may, but shall not be required to, reject any elections or reduce contributions or Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and credited to the benefit plan surplus. 6.6 COORDINATION WITH CAFETERIA PLAN All Participants under the Cafeteria Plan are eligible to receive Benefits under this Health Flexible Spending Account. The enrollment under the Cafeteria Plan shall constitute enrollment under this Health Flexible Spending Account. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Cafeteria Plan. 6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS (a) Expenses must be incurred during Plan Year. All Medical Expenses incurred by a Participant, his or her Spouse and his or her Dependents during the Plan Year shall be reimbursed during the Plan Year subject to Section 2.5, even though the submission of such a claim occurs after his participation hereunder ceases; but provided that the Medical Expenses were incurred during the applicable Plan Year. Medical Expenses are treated as having been incurred when the Participant is provided with the medical care that gives rise to the Medical Expenses, not when the Participant is formally billed or charged for, or pays for the medical care. (b) Reimbursement available throughout Plan Year. The Administrator shall direct the reimbursement to each eligible Participant for all allowable Medical Expenses, up to a maximum of the amount designated by the Participant for the Health Flexible Spending Account for the Plan Year. Reimbursements shall be made available to the Participant throughout the year without regard to the level of Cafeteria Plan Benefit Dollars which have been allocated to the fund at any 9 Council Packet Page Number 164 of 431 G4, Attachment 2 given point in time. Furthermore, a Participant shall be entitled to reimbursements only for amounts in excess of any payments or other reimbursements under any health care plan covering the Participant and/or his Spouse or Dependents. (c) Payments. Reimbursement payments under this Plan shall be made directly to the Participant. The application for payment or reimbursement shall be made to the Administrator or Plan Service Provider on an acceptable form within a reasonable time of incurring the debt or paying for the service. The application shall include a written statement from an independent third party stating that the Medical Expense has been incurred and the amount of such expense. Furthermore, the Participant shall provide a written statement that the Medical Expense has not been reimbursed or is not reimbursable under any other health plan coverage and, if reimbursed from the Health Flexible Spending Account, such amount will not be claimed as a tax deduction. The Administrator shall retain a file of all such applications. (d) Claims for reimbursement. Claims for the reimbursement of Medical Expenses incurred in any Plan Year shall be paid as soon after a claim has been filed as is administratively practicable; provided however, that if a Participant fails to submit a claim within the number of days listed in the Adoption Information, those Medical Expense claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for the reimbursement of Medical Expenses must be submitted within the number of days listed in the Adoption Information after termination of employment. 6.8 DEBIT AND CREDIT CARDS Participants may, subject to a procedure established by the Administrator and applied in a uniform nondiscriminatory manner, use debit and/or credit (stored value) cards ("cards") provided by the Administrator and the Plan for payment of Medical Expenses, subject to the following terms: (a) Card only for medical expenses. Each Participant issued a card shall certify that such card shall only be used for Medical Expenses. The Participant shall also certify that any Medical Expense paid with the card has not already been reimbursed by any other plan covering health benefits and that the Participant will not seek reimbursement from any other plan covering health benefits. (b) Card issuance. Such card shall be issued upon the Participant's Effective Date of Participation and reissued periodically provided the Participant remains a Participant in the Health Flexible Spending Account. Such card shall be automatically cancelled upon the Participant's death or termination of employment, or if such Participant has a change in status that results in the Participant's withdrawal from the Health Flexible Spending Account. (c) Maximum dollar amount available. The dollar amount of coverage available on the card shall be the amount elected by the Participant for the Plan Year. The maximum dollar amount of coverage available shall be the maximum amount for the Plan Year as set forth in Section 6.4. (d) Only available for use with certain service providers. The cards shall only be accepted by such merchants and service providers as have been approved by the Administrator following IRS guidelines. (e) Card use. The cards shall only be used for Medical Expense purchases at these providers, including, but not limited to, the following: (1) Co-payments for doctor and other medical care; (2) Purchase of drugs prescribed by a health care provider, including, if permitted by the Administrator, over- the-counter medications as allowed under IRS regulations; (3) Purchase of medical items such as eyeglasses, syringes, crutches, etc. (f) Substantiation. Such purchases by the cards shall be subject to substantiation by the Administrator, usually by submission of a receipt from a service provider describing the service, the date and the amount. The Administrator shall also follow the requirements set forth in Revenue Ruling 2003-43 and Notice 2006-69. All charges shall be conditional pending confirmation and substantiation. (g) Correction methods. If such purchase is later determined by the Administrator to not qualify as a Medical Expense, the Administrator, in its discretion, shall use one of the following correction methods to make the Plan whole. Until the amount is repaid, the Administrator shall take further action to ensure that further violations of the terms of the card do not occur, up to and including denial of access to the card. (1) Repayment of the improper amount by the Participant; (2) Withholding the improper payment from the Participant's wages or other compensation to the extent consistent with applicable federal or state law; (3) Claims substitution or offset of future claims until the amount is repaid; and (4) if subsections (1) through (3) fail to recover the amount, consistent with the Employer's business practices, the Employer may treat the amount as any other business indebtedness. 10 Council Packet Page Number 165 of 431 G4, Attachment 2 ARTICLE VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT 7.1 ESTABLISHMENT OF ACCOUNT This Dependent Care Flexible Spending Account is intended to qualify as a program under Code Section 129 and shall be interpreted in a manner consistent with such Code Section. Participants who elect to participate in this program may submit claims for the reimbursement of Employment-Related Dependent Care Expenses. All amounts reimbursed shall be paid from amounts allocated to the Participant's Dependent Care Flexible Spending Account. 7.2 DEFINITIONS For the purposes of this Article and the Cafeteria Plan the terms below shall have the following meaning: (a) "Dependent Care Flexible Spending Account" means the account established for a Participant pursuant to this Article to which part of his Cafeteria Plan Benefit Dollars may be allocated and from which Employment-Related Dependent Care Expenses of the Participant may be reimbursed for the care of the Qualifying Dependents of Participants. (b) "Earned Income" means earned income as defined under Code Section 32(c)(2), but excluding such amounts paid or incurred by the Employer for dependent care assistance to the Participant. (c) "Employment-Related Dependent Care Expenses" means the amounts paid for expenses of a Participant for those services which if paid by the Participant would be considered employment related expenses under Code Section 21(b)(2). Generally, they shall include expenses for household services and for the care of a Qualifying Dependent, to the extent that such expenses are incurred to enable the Participant to be gainfully employed for any period for which there are one or more Qualifying Dependents with respect to such Participant. Employment-Related Dependent Care Expenses are treated as having been incurred when the Participant's Qualifying Dependents are provided with the dependent care that gives rise to the Employment-Related Dependent Care Expenses, not when the Participant is formally billed or charged for, or pays for the dependent care. The determination of whether an amount qualifies as an Employment-Related Dependent Care Expense shall be made subject to the following rules: (1) If such amounts are paid for expenses incurred outside the Participant's household, they shall constitute Employment-Related Dependent Care Expenses only if incurred for a Qualifying Dependent as defined in Section 7.2(d)(1) (or deemed to be, as described in Section 7.2(d)(1) pursuant to Section 7.2(d)(3)), or for a Qualifying Dependent as defined in Section 7.2(d)(2) (or deemed to be, as described in Section 7.2(d)(2) pursuant to Section 7.2(d)(3)) who regularly spends at least 8 hours per day in the Participant's household; (2) If the expense is incurred outside the Participant's home at a facility that provides care for a fee, payment, or grant for more than 6 individuals who do not regularly reside at the facility, the facility must comply with all applicable state and local laws and regulations, including licensing requirements, if any; and (3) Employment-Related Dependent Care Expenses of a Participant shall not include amounts paid or incurred to a child of such Participant who is under the age of 19 or to an individual who is a Dependent of such Participant or such Participant's Spouse. (d) "Qualifying Dependent" means, for Dependent Care Flexible Spending Account purposes, (1) a Participant's Dependent (as defined in Code Section 152(a)(1)) who has not attained age 13; (2) a Dependent or the Spouse of a Participant who is physically or mentally incapable of caring for himself or herself and has the same principal place of abode as the Participant for more than one-half of such taxable year; or (3) a child that is deemed to be a Qualifying Dependent described in paragraph (1) or (2) above, whichever is appropriate, pursuant to Code Section 21(e)(5). (e) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Dependent Care Flexible Spending Account. 7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS The Administrator shall establish a Dependent Care Flexible Spending Account for each Participant who elects to apply Cafeteria Plan Benefit Dollars to Dependent Care Flexible Spending Account benefits. 7.4 INCREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS A Participant's Dependent Care Flexible Spending Account shall be increased each pay period by the portion of Cafeteria Plan Benefit Dollars that he has elected to apply toward his Dependent Care Flexible Spending Account pursuant to elections made under Article V hereof. 11 Council Packet Page Number 166 of 431 G4, Attachment 2 7.5 DECREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS A Participant's Dependent Care Flexible Spending Account shall be reduced by the amount of any Employment-Related Dependent Care Expense reimbursements paid or incurred on behalf of a Participant pursuant to Section 7.12 hereof. 7.6 ALLOWABLE DEPENDENT CARE REIMBURSEMENT Subject to limitations contained in Section 7.9 of this Program, and to the extent of the amount contained in the Participant's Dependent Care Flexible Spending Account, a Participant who incurs Employment-Related Dependent Care Expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses incurred during the Plan Year or portion thereof during which he is a Participant. 7.7 ANNUAL STATEMENT OF BENEFITS On or before January 31st of each calendar year, the Employer shall furnish to each Employee who was a Participant and received benefits under Section 7.6 during the prior calendar year, a statement of all such benefits paid to or on behalf of such Participant during the prior calendar year. This statement is set forth on the Participant's Form W-2. 7.8 FORFEITURES The amount in a Participant's Dependent Care Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 7.12 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason. 7.9 LIMITATION ON PAYMENTS (a) Code limits. Notwithstanding any provision contained in this Article to the contrary, amounts paid from a Participant's Dependent Care Flexible Spending Account in or on account of any taxable year of the Participant shall not exceed the lesser of the Earned Income limitation described in Code Section 129(b) or $5,000 ($2,500 if a separate tax return is filed by a Participant who is married as determined under the rules of paragraphs (3) and (4) of Code Section 21(e)). 7.10 NONDISCRIMINATION REQUIREMENTS (a) Intent to be nondiscriminatory. It is the intent of this Dependent Care Flexible Spending Account that contributions or benefits not discriminate in favor of the group of employees in whose favor discrimination may not occur under Code Section 129(d). (b) 25% test for shareholders. It is the intent of this Dependent Care Flexible Spending Account that not more than 25 percent of the amounts paid by the Employer for dependent care assistance during the Plan Year will be provided for the class of individuals who are shareholders or owners (or their Spouses or Dependents), each of whom (on any day of the Plan Year) owns more than 5 percent of the stock or of the capital or profits interest in the Employer. (c) Adjustment to avoid test failure. If the Administrator deems it necessary to avoid discrimination or possible taxation to a group of employees in whose favor discrimination may not occur in violation of Code Section 129 it may, but shall not be required to, reject any elections or reduce contributions or non-taxable benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited. 7.11 COORDINATION WITH CAFETERIA PLAN All Participants under the Cafeteria Plan are eligible to receive Benefits under this Dependent Care Flexible Spending Account. The enrollment and termination of participation under the Cafeteria Plan shall constitute enrollment and termination of participation under this Dependent Care Flexible Spending Account. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Cafeteria Plan. 7.12 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT CLAIMS The Administrator shall direct the payment of all such Dependent Care claims to the Participant upon the presentation to the Administrator of documentation of such expenses in a form satisfactory to the Administrator. In its discretion in administering the Plan, the Administrator may utilize forms and require documentation of costs as may be necessary to verify the claims submitted. At a minimum, the form shall include a statement from an independent third party as proof that the expense has been incurred during the Plan Year and the amount of such expense. In addition, the Administrator may require that each Participant who desires to receive reimbursement under this Program for Employment-Related Dependent Care Expenses submit a statement which may contain some or all of the following information: (a) The Dependent or Dependents for whom the services were performed; (b) The nature of the services performed for the Participant, the cost of which he wishes reimbursement; (c) The relationship, if any, of the person performing the services to the Participant; 12 Council Packet Page Number 167 of 431 G4, Attachment 2 (d) If the services are being performed by a child of the Participant, the age of the child; (e) A statement as to where the services were performed; (f) If any of the services were performed outside the home, a statement as to whether the Dependent for whom such services were performed spends at least 8 hours a day in the Participant's household; (g) If the services were being performed in a day care center, a statement: (1) that the day care center complies with all applicable laws and regulations of the state of residence, (2) that the day care center provides care for more than 6 individuals (other than individuals residing at the center), and (3) of the amount of fee paid to the provider. (h) If the Participant is married, a statement containing the following: (1) the Spouse's salary or wages if he or she is employed, or (2) if the Participant's Spouse is not employed, that (i) he or she is incapacitated, or (ii) he or she is a full-time student attending an educational institution and the months during the year which he or she attended such institution. (i) Claims for reimbursement. If a Participant fails to submit a claim within the number of days listed in the Adoption Information, those claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for reimbursement must be submitted within the number of days listed in the Adoption Information after termination of employment. 7.13 DEBIT AND CREDIT CARDS Participants may, subject to a procedure established by the Administrator and applied in a uniform nondiscriminatory manner, use debit and/or credit (stored value) cards ("cards") provided by the Administrator and the Plan for payment of Employment- Related Dependent Care Expenses, subject to the following terms: (a) Card only for dependent care expenses. Each Participant issued a card shall certify that such card shall only be used for Employment-Related Dependent Care Expenses. The Participant shall also certify that any Employment-Related Dependent Care Expense paid with the card has not already been reimbursed by any other plan covering dependent care benefits and that the Participant will not seek reimbursement from any other plan covering dependent care benefits. (b) Card issuance. Such card shall be issued upon the Participant's Effective Date of Participation and reissued periodically provided the Participant remains a Participant in the Dependent Care Flexible Spending Account. Such card shall be automatically cancelled upon the Participant's death or termination of employment, or if such Participant has a change in status that results in the Participant's withdrawal from the Dependent Care Flexible Spending Account. (c) Only available for use with certain service providers. The cards shall only be accepted by such service providers as have been approved by the Administrator. The cards shall only be used for Employment-Related Dependent Care Expenses from these providers. (d) Substantiation. Such purchases by the cards shall be subject to substantiation by the Administrator, usually by submission of a receipt from a service provider describing the service, the date and the amount. The Administrator shall also follow the requirements set forth in Revenue Ruling 2003-43 and Notice 2006-69. All charges shall be conditional pending confirmation and substantiation. (e) Correction methods. If such purchase is later determined by the Administrator to not qualify as an Employment-Related Dependent Care Expense, the Administrator, in its discretion, shall use one of the following correction methods to make the Plan whole. Until the amount is repaid, the Administrator shall take further action to ensure that further violations of the terms of the card do not occur, up to and including denial of access to the card. (1) Repayment of the improper amount by the Participant; (2) Withholding the improper payment from the Participant's wages or other compensation to the extent consistent with applicable federal or state law; 13 Council Packet Page Number 168 of 431 G4, Attachment 2 (3) Claims substitution or offset of future claims until the amount is repaid; and (4) if subsections (1) through (3) fail to recover the amount, consistent with the Employer's business practices, the Employer may treat the amount as any other business indebtedness. ARTICLE VIII BENEFITS AND RIGHTS 8.1 CLAIM FOR BENEFITS (a) Insurance claims. Any claim for Benefits underwritten by Insurance Contract(s) shall be made to the Insurer. If the Insurer denies any claim, the Participant or beneficiary shall follow the Insurer's claims review procedure. (b) Dependent Care Flexible Spending Account or Health Flexible Spending Account claims. Any claim for Dependent Care Flexible Spending Account or Health Flexible Spending Account Benefits shall be made to the Administrator. For the Health Flexible Spending Account, if a Participant fails to submit a claim within the number of days listed in the Adoption Information, those claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for the reimbursement of Medical Expenses must be submitted within the number of days listed in the Adoption Information. For the Dependent Care Flexible Spending Account, if a Participant fails to submit a claim within the number of days listed in the Adoption Information, those claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for reimbursement must be submitted within the number of days listed in the Adoption Information after termination of employment. If the Administrator denies a claim, the Administrator may provide notice to the Participant or beneficiary, in writing, within 90 days after the claim is filed unless special circumstances require an extension of time for processing the claim. The notice of a denial of a claim shall be written in a manner calculated to be understood by the claimant and shall set forth: (1) specific references to the pertinent Plan provisions on which the denial is based; (2) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation as to why such information is necessary; and (3) an explanation of the Plan's claim procedure. (c) Appeal. Within 60 days after receipt of the above material, the claimant shall have a reasonable opportunity to appeal the claim denial to the Administrator for a full and fair review. The claimant or his duly authorized representative may: (1) request a review upon written notice to the Administrator; (2) review pertinent documents; and (3) submit issues and comments in writing. (d) Review of appeal. A decision on the review by the Administrator will be made not later than 60 days after receipt of a request for review, unless special circumstances require an extension of time for processing (such as the need to hold a hearing), in which event a decision should be rendered as soon as possible, but in no event later than 120 days after such receipt. The decision of the Administrator shall be written and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, with specific references to the pertinent Plan provisions on which the decision is based. (e) Forfeitures. Any balance remaining in the Participant's Health Flexible Spending Account (excluding any carryover) or Dependent Care Flexible Spending Account as of the end of the time for claims reimbursement for each Plan Year shall be forfeited and deposited in the benefit plan surplus of the Employer pursuant to Section 6.3 or Section 7.8, whichever is applicable, unless the Participant had made a claim for such Plan Year, in writing, which has been denied or is pending; in which event the amount of the claim shall be held in his account until the claim appeal procedures set forth above have been satisfied or the claim is paid. If any such claim is denied on appeal, the amount held beyond the end of the Plan Year shall be forfeited and credited to the benefit plan surplus. 8.2 APPLICATION OF BENEFIT PLAN SURPLUS Any forfeited amounts credited to the benefit plan surplus by virtue of the failure of a Participant to incur a qualified expense or seek reimbursement in a timely manner may, but need not be, separately accounted for after the close of the Plan Year (or after such further time specified herein for the filing of claims) in which such forfeitures arose. In no event shall such amounts be carried over to reimburse a Participant for expenses incurred during a subsequent Plan Year for the same or any other Benefit available under the Plan (excepting any carryover); nor shall amounts forfeited by a particular Participant be made available to such Participant in any other form or manner, except as permitted by Treasury regulations. Amounts in the benefit plan surplus shall be used to defray any administrative costs and experience losses or used to provide additional benefits under the Plan. 14 Council Packet Page Number 169 of 431 G4, Attachment 2 ARTICLE IX ADMINISTRATION 9.1 PLAN ADMINISTRATION The Employer shall be the Administrator, unless the Employer elects otherwise. The Employer may appoint any person, including, but not limited to, the Employees of the Employer, to perform the duties of the Administrator. Any person so appointed shall signify acceptance by filing acceptance in writing (or such other form as acceptable to both parties) with the Employer. Upon the resignation or removal of any individual performing the duties of the Administrator, the Employer may designate a successor. If the Employer elects, the Employer shall appoint one or more Administrators. Any person, including, but not limited to, the Employees of the Employer, shall be eligible to serve as an Administrator. Any person so appointed shall signify acceptance by filing acceptance in writing (or such other form as acceptable to both parties) with the Employer. An Administrator may resign by delivering a resignation in writing (or such other form as acceptable to both parties) to the Employer or be removed by the Employer by delivery of notice of removal (in writing or such other form as acceptable to both parties), to take effect at a date specified therein, or upon delivery to the Administrator if no date is specified. The Employer shall be empowered to appoint and remove the Administrator from time to time as it deems necessary for the proper administration of the Plan to ensure that the Plan is being operated for the exclusive benefit of the Employees entitled to participate in the Plan in accordance with the terms of the Plan and the Code. The operation of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out in accordance with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The Administrator shall have full power and discretion to administer the Plan in all of its details and determine all questions arising in connection with the administration, interpretation, and application of the Plan. The Administrator may establish procedures, correct any defect, supply any information, or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan. The Administrator shall have all powers necessary or appropriate to accomplish the Administrator's duties under the Plan. The Administrator shall be charged with the duties of the general administration of the Plan as set forth under the Plan, including, but not limited to, in addition to all other powers provided by this Plan: (a) To make and enforce such procedures, rules and regulations as the Administrator deems necessary or proper for the efficient administration of the Plan; (b) To interpret the provisions of the Plan, the Administrator's interpretations thereof in good faith to be final and conclusive on all persons claiming benefits by operation of the Plan; (c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Plan and to receive benefits provided by operation of the Plan; (d) To reject elections or to limit contributions or Benefits for certain highly compensated participants if it deems such to be desirable in order to avoid discrimination under the Plan in violation of applicable provisions of the Code; (e) To provide Employees with a reasonable notification of their benefits available by operation of the Plan and to assist any Participant regarding the Participant's rights, benefits or elections under the Plan; (f) To keep and maintain the Plan documents and all other records pertaining to and necessary for the administration of the Plan; (g) To review and settle all claims against the Plan, to approve reimbursement requests, and to authorize the payment of benefits if the Administrator determines such shall be paid if the Administrator decides in its discretion that the applicant is entitled to them. This authority specifically permits the Administrator to settle disputed claims for benefits and any other disputed claims made against the Plan; (h) To appoint such agents, counsel, accountants, consultants, and other persons or entities as may be required to assist in administering the Plan. Any procedure, discretionary act, interpretation or construction taken by the Administrator shall be done in a nondiscriminatory manner based upon uniform principles consistently applied and shall be consistent with the intent that the Plan shall continue to comply with the terms of Code Section 125 and the Treasury regulations thereunder. 9.2 EXAMINATION OF RECORDS The Administrator shall make available to each Participant, Eligible Employee and any other Employee of the Employer such records as pertain to their interest under the Plan for examination at reasonable times during normal business hours. 9.3 PAYMENT OF EXPENSES Any reasonable administrative expenses shall be paid by the Employer unless the Employer determines that administrative costs shall be borne by the Participants under the Plan or by any Trust Fund which may be established hereunder. The Administrator may impose reasonable conditions for payments, provided that such conditions shall not discriminate in favor of highly compensated employees. 15 Council Packet Page Number 170 of 431 G4, Attachment 2 9.4 INSURANCE CONTROL CLAUSE In the event of a conflict between the terms of this Plan and the terms of an Insurance Contract of an independent third party Insurer whose product is then being used in conjunction with this Plan, the terms of the Insurance Contract shall control as to those Participants receiving coverage under such Insurance Contract. For this purpose, the Insurance Contract shall control in defining the persons eligible for insurance, the dates of their eligibility, the conditions which must be satisfied to become insured, if any, the benefits Participants are entitled to and the circumstances under which insurance terminates. 9.5 INDEMNIFICATION OF ADMINISTRATOR The Employer agrees to indemnify and to defend to the fullest extent permitted by law any Employee serving as the Administrator or as a member of a committee designated as Administrator (including any Employee or former Employee who previously served as Administrator or as a member of such committee) against all liabilities, damages, costs and expenses (including attorney's fees and amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission to act in connection with the Plan, if such act or omission is in good faith. ARTICLE X AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT The Employer, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant. No amendment shall have the effect of modifying any benefit election of any Participant in effect at the time of such amendment, unless such amendment is made to comply with Federal, state or local laws, statutes or regulations. 10.2 TERMINATION The Employer reserves the right to terminate this Plan, in whole or in part, at any time. In the event the Plan is terminated, no further contributions shall be made. Benefits under any Insurance Contract shall be paid in accordance with the terms of the Insurance Contract. No further additions shall be made to the Health Flexible Spending Account or Dependent Care Flexible Spending Account, but all payments from such fund shall continue to be made according to the elections in effect until 90 days after the termination date of the Plan. Any amounts remaining in any such fund or account as of the end of such period shall be forfeited and deposited in the benefit plan surplus after the expiration of the filing period. ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as provided in Section 11.12. 11.2 GENDER, NUMBER AND TENSE Wherever any words are used herein in one gender, they shall be construed as though they were also used in all genders in all cases where they would so apply; whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply; and whenever any words are used herein in the past or present tense, they shall be construed as though they were also used in the other form in all cases where they would so apply. 11.3 WRITTEN DOCUMENT This Plan, in conjunction with any separate written document which may be required by law, is intended to satisfy the written Plan requirement of Code Section 125 and any Treasury regulations thereunder relating to cafeteria plans. 11.4 EXCLUSIVE BENEFIT This Plan shall be maintained for the exclusive benefit of the Employees who participate in the Plan. 11.5 PARTICIPANT'S RIGHTS This Plan shall not be deemed to constitute an employment contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect which such discharge shall have upon him as a Participant of this Plan. 16 Council Packet Page Number 171 of 431 G4, Attachment 2 11.6 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 11.7 EMPLOYER'S PROTECTIVE CLAUSES (a) Insurance purchase. Upon the failure of either the Participant or the Employer to obtain the insurance contemplated by this Plan (whether as a result of negligence, gross neglect or otherwise), the Participant's Benefits shall be limited to the insurance premium(s), if any, that remained unpaid for the period in question and the actual insurance proceeds, if any, received by the Employer or the Participant as a result of the Participant's claim. (b) Validity of insurance contract. The Employer shall not be responsible for the validity of any Insurance Contract issued hereunder or for the failure on the part of the Insurer to make payments provided for under any Insurance Contract. Once insurance is applied for or obtained, the Employer shall not be liable for any loss which may result from the failure to pay Premiums to the extent Premium notices are not received by the Employer. 11.8 NO GUARANTEE OF TAX CONSEQUENCES Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the Participant's gross income for federal or state income tax purposes, or that any other federal or state tax treatment will apply to or be available to any Participant. It shall be the obligation of each Participant to determine whether each payment under the Plan is excludable from the Participant's gross income for federal and state income tax purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforceable. 11.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold federal or state income tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax (plus any penalties) that the Participant would have owed if the payments or reimbursements had been made to the Participant as regular cash compensation, plus the Participant's share of any Social Security tax that would have been paid on such compensation, less any such additional income and Social Security tax actually paid by the Participant. 11.10 FUNDING Unless otherwise required by law, contributions to the Plan need not be placed in trust or dedicated to a specific Benefit, but may instead be considered general assets of the Employer. Furthermore, and unless otherwise required by law, nothing herein shall be construed to require the Employer or the Administrator to maintain any fund or segregate any amount for the benefit of any Participant, and no Participant or other person shall have any claim against, right to, or security or other interest in, any fund, account or asset of the Employer from which any payment under the Plan may be made. 11.11 GOVERNING LAW This Plan is governed by the Code and the Treasury regulations issued thereunder (as they might be amended from time to time). In no event shall the Employer guarantee the favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the provisions of this Plan shall be construed, enforced and administered according to the laws of the State of Minnesota. 11.12 SEVERABILITY If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed and enforced as if such provision had not been included herein. 11.13 CAPTIONS The captions contained herein are inserted only as a matter of convenience and for reference, and in no way define, limit, enlarge or describe the scope or intent of the Plan, nor in any way shall affect the Plan or the construction of any provision thereof. 11.14 FAMILY AND MEDICAL LEAVE ACT (FMLA) Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan becomes subject to the requirements of the Family and Medical Leave Act and regulations thereunder, this Plan shall be operated in accordance with Regulation 1.125-3. 11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in accordance with HIPAA and regulations thereunder. 17 Council Packet Page Number 172 of 431 G4, Attachment 2 11.16 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with the Uniformed Services Employment And Reemployment Rights Act (USERRA) and the regulations thereunder. 11.17 COMPLIANCE WITH HIPAA PRIVACY STANDARDS (a) Application. If any benefits under this Cafeteria Plan are subject to the Standards for Privacy of Individually Identifiable Health Information (45 CFR Part 164, the "Privacy Standards"), then this Section shall apply. (b) Disclosure of PHI. The Plan shall not disclose Protected Health Information to any member of the Employer's workforce unless each of the conditions set out in this Section are met. "Protected Health Information" shall have the same definition as set forth in the Privacy Standards but generally shall mean individually identifiable information about the past, present or future physical or mental health or condition of an individual, including genetic information and information about treatment or payment for treatment. (c) PHI disclosed for administrative purposes. Protected Health Information disclosed to members of the Employer's workforce shall be used or disclosed by them only for purposes of Plan administrative functions. The Plan's administrative functions shall include all Plan payment functions and health care operations. The terms "payment" and "health care operations" shall have the same definitions as set out in the Privacy Standards, but the term "payment" generally shall mean activities taken to determine or fulfill Plan responsibilities with respect to eligibility, coverage, provision of benefits, or reimbursement for health care. Protected Health Information that consists of genetic information will not be used or disclosed for underwriting purposes. (d) PHI disclosed to certain workforce members. The Plan shall disclose Protected Health Information only to members of the Employer's workforce who are designated and authorized to receive such Protected Health Information, and only to the extent and in the minimum amount necessary for that person to perform his or her duties with respect to the Plan. "Members of the Employer's workforce" shall refer to all employees and other persons under the control of the Employer. The Employer shall keep an updated list of those authorized to receive Protected Health Information. (1) An authorized member of the Employer's workforce who receives Protected Health Information shall use or disclose the Protected Health Information only to the extent necessary to perform his or her duties with respect to the Plan. (2) In the event that any member of the Employer's workforce uses or discloses Protected Health Information other than as permitted by this Section and the Privacy Standards, the incident shall be reported to the Plan's privacy official. The privacy official shall take appropriate action, including: (i) investigation of the incident to determine whether the breach occurred inadvertently, through negligence or deliberately; whether there is a pattern of breaches; and the degree of harm caused by the breach; (ii) appropriate sanctions against the persons causing the breach which, depending upon the nature of the breach, may include oral or written reprimand, additional training, or termination of employment; (iii) mitigation of any harm caused by the breach, to the extent practicable; and (iv) documentation of the incident and all actions taken to resolve the issue and mitigate any damages. (e) Certification. The Employer must provide certification to the Plan that it agrees to: (1) Not use or further disclose the information other than as permitted or required by the Plan documents or as required by law; (2) Ensure that any agent or subcontractor, to whom it provides Protected Health Information received from the Plan, agrees to the same restrictions and conditions that apply to the Employer with respect to such information; (3) Not use or disclose Protected Health Information for employment-related actions and decisions or in connection with any other benefit or employee benefit plan of the Employer; (4) Report to the Plan any use or disclosure of the Protected Health Information of which it becomes aware that is inconsistent with the uses or disclosures permitted by this Section, or required by law; (5) Make available Protected Health Information to individual Plan members in accordance with Section 164.524 of the Privacy Standards; (6) Make available Protected Health Information for amendment by individual Plan members and incorporate any amendments to Protected Health Information in accordance with Section 164.526 of the Privacy Standards; 18 Council Packet Page Number 173 of 431 G4, Attachment 2 (7) Make available the Protected Health Information required to provide an accounting of disclosures to individual Plan members in accordance with Section 164.528 of the Privacy Standards; (8) Make its internal practices, books and records relating to the use and disclosure of Protected Health Information received from the Plan available to the Department of Health and Human Services for purposes of determining compliance by the Plan with the Privacy Standards; (9) If feasible, return or destroy all Protected Health Information received from the Plan that the Employer still maintains in any form, and retain no copies of such information when no longer needed for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible; and (10) Ensure the adequate separation between the Plan and members of the Employer's workforce, as required by Section 164.504(f)(2)(iii) of the Privacy Standards and set out in (d) above. 11.18 COMPLIANCE WITH HIPAA ELECTRONIC SECURITY STANDARDS Under the Security Standards for the Protection of Electronic Protected Health Information (45 CFR Part 164.300 et. seq., the "Security Standards"): (a) Implementation. The Employer agrees to implement reasonable and appropriate administrative, physical and technical safeguards to protect the confidentiality, integrity and availability of Electronic Protected Health Information that the Employer creates, maintains or transmits on behalf of the Plan. "Electronic Protected Health Information" shall have the same definition as set out in the Security Standards, but generally shall mean Protected Health Information that is transmitted by or maintained in electronic media. (b) Agents or subcontractors shall meet security standards. The Employer shall ensure that any agent or subcontractor to whom it provides Electronic Protected Health Information shall agree, in writing, to implement reasonable and appropriate security measures to protect the Electronic Protected Health Information. (c) Employer shall ensure security standards. The Employer shall ensure that reasonable and appropriate security measures are implemented to comply with the conditions and requirements set forth in Section 11.17. 11.19 MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Mental Health Parity and Addiction Equity Act. 11.20 GENETIC INFORMATION NONDISCRIMINATION ACT (GINA) Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Genetic Information Nondiscrimination Act. 11.21 WOMEN'S HEALTH AND CANCER RIGHTS ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Women's Health and Cancer Rights Act of 1998. 11.22 NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Newborns' and Mothers' Health Protection Act. 19 Council Packet Page Number 174 of 431 G4, Attachment 2 IN WITNESS WHEREOF, this Plan document is hereby executed this day of . City Of Maplewood By EMPLOYER 20 Council Packet Page Number 175 of 431 G4, Attachment 2 CITYOF MAPLEWOOD FLEXIBLE BENEFIT PLAN SUMMARY PLAN DESCRIPTION Council Packet Page Number 176 of 431 G4, Attachment 2 A DOPTION I NFORMATION P LAN T YPE: Section 125 Flexible Benefit Plan E MPLOYER, A DMINISTRATOR AND P LAN S PONSOR: City Of Maplewood 1830 County Road B East Maplewood, MN 55109 E MPLOYEE C LASSIFICATION: A full-time employee working 40 hours per week and eligible for the Employer-sponsored health plan(s). N EW H IRE E LIGIBILITY: Date of hire. P LAN N UMBER: 501 O RIGINAL E FFECTIVE D ATE: October 1, 1994 P LAN Y EAR: January 1 Î December 31 P LAN S ERVICE P ROVIDER: OptumHealth Financial Services, Inc. (OHFS) P LAN Y EAR M AXIMUM H EALTH F LEXIBLE S PENDING A CCOUNT R EDUCTION: $2850 (with future increases to allow for inflation) C ARRYOVER: A maximum of $570 may be carried forward each Plan Year to use for Health Flexible Spending Account expenses incurred in the next Plan Year. This amount may be adjusted in future Plan Years. P LAN Y EAR M AXIMUM D EPENDENT C ARE F LEXIBLE S PENDING A CCOUNT R EDUCTION: $5000 Refer to the Dependent Care section for additional information. C LAIMS P ROCESSING S CHEDULE: Daily Î (the turnaround time, from the point when the claim and documentation is received by OptumHealth to the point when reimbursement is deposited into the participantÓs account or mailed, is 5-6 business days). R UN-OUT P ERIOD FOR H EALTH AND D EPENDENT C ARE F LEXIBLE S PENDING A CCOUNTS: Claims st for expenses incurred in the prior Plan Year must be received no later than March 31. To be reimbursed you must deliver a completed claim form to: OptumHealth Financial Services, Inc. (OHFS) P.O. Box 30516 Salt Lake City, UT 84130-0516 Attention: EV Team Customer Care Center: 1-800-243-5543 Fax: 855-244-5016 Council Packet Page Number 177 of 431 G4, Attachment 2 A DOPTION I NFORMATION (C ONTINUED) You must attach a copy of your bill or receipt or other satisfactory third party documentation of the amount of the expense and the date(s) the expense was incurred (a canceled check is not sufficient). You must also certify that each expense is eligible for reimbursement under the Plan, that it has not been previously reimbursed under the Plan and that it is not reimbursable from any other source (e.g., insurance). After your claim is reviewed, processed, and approved, you will receive a reimbursement. You may check on your account information at www.optumbank.com by clicking on ÐAccount HolderÑ. You may also fax your claims and documentation to OHFS at (855) 244-5016. Claims with missing or illegible information will be denied, pending re-submission of legible information. If an expense is eligible for both medical and dependent care reimbursements, you may choose whether to submit the expense as a medical expense or a dependent care expense. You may also submit part of the expense for reimbursement under one type of coverage, and the remainder for reimbursement under the other, but you may only be reimbursed once for any expense. T ERMINATION G UIDELINES: H EALTH F LEXIBLE S PENDING A CCOUNT E MPLOYEE T ERMINATION G UIDELINES: N UMBER OF D AYS TO INCUR C LAIMS: For a medical expense to be eligible, it MUST be INCURRED on or before the last day of the month in which termination occurred. N UMBER OF D AYS TO SUBMIT C LAIMS A FTER L AST D AY OF E MPLOYMENT: 30 days D EPENDENT C ARE F LEXIBLE S PENDING A CCOUNT E MPLOYEE T ERMINATION G UIDELINES: N UMBER OF D AYS TO INCUR C LAIMS: The terminated employee has the remainder of the Plan Year to incur eligible dependent care expenses. W HEN M UST C LAIMS B E R ECEIVED B Y O PTUM H EALTH F INANCIAL S ERVICES, I NC. A FTER L AST D AY OF E MPLOYMENT: Claims for expenses incurred in the prior Plan Year must st be received no later than March 31. This Adoption Information may be used only in conjunction with the Flexible Benefit Plan Document and Summary Plan Description. This Adoption Information and the Flexible Plan document shall together be known as the Flexible Benefit Plan. Council Packet Page Number 178 of 431 G4, Attachment 2 TABLE OF CONTENTS I ELIGIBILITY 1. When can I become a participant in the Plan? .......................................................................................................................... 1 2. What are the eligibility requirements for our Plan? ................................................................................................................... 1 3. When is my entry date? ............................................................................................................................................................. 1 4. What must I do to enroll in the Plan?......................................................................................................................................... 1 II OPERATION 1. How does this Plan operate? ..................................................................................................................................................... 1 III CONTRIBUTIONS 1. How much of my pay may the Employer redirect? .................................................................................................................... 2 2. What happens to contributions made to the Plan? ................................................................................................................... 2 3. When must I decide which accounts I want to use? ................................................................................................................. 2 4. When is the election period for our Plan? ................................................................................................................................. 2 5. May I change my elections during the Plan Year? .................................................................................................................... 2 6. May I make new elections in future Plan Years? ...................................................................................................................... 3 IV BENEFITS 1. Health Flexible Spending Account ............................................................................................................................................. 3 2. Dependent Care Flexible Spending Account ............................................................................................................................ 3 3. Premium Expense Account ....................................................................................................................................................... 4 V BENEFIT PAYMENTS 1. When will I receive payments from my accounts? .................................................................................................................... 4 2. What happens if I don't spend all Plan contributions during the Plan Year? ............................................................................ 5 3. Family and Medical Leave Act (FMLA) ..................................................................................................................................... 5 4. Uniformed Services Employment and Reemployment Rights Act (USERRA).......................................................................... 5 5. What happens if I terminate employment? ................................................................................................................................ 5 6. Will my Social Security benefits be affected? ............................................................................................................................ 5 VI HIGHLY COMPENSATED AND KEY EMPLOYEES 1. Do limitations apply to highly compensated employees? .......................................................................................................... 5 VII PLAN ACCOUNTING 1. Periodic Statements ................................................................................................................................................................... 6 VIII GENERAL INFORMATION ABOUT OUR PLAN 1. General Plan Information ........................................................................................................................................................... 6 2. Employer Information ................................................................................................................................................................. 6 Council Packet Page Number 179 of 431 G4, Attachment 2 3. Plan Administrator Information .................................................................................................................................................. 6 4. Service of Legal Process ........................................................................................................................................................... 6 5. Type of Administration ............................................................................................................................................................... 6 6. Claims Submission .................................................................................................................................................................... 7 IX ADDITIONAL PLAN INFORMATION 1. Claims Process .......................................................................................................................................................................... 7 X SUMMARY Council Packet Page Number 180 of 431 G4, Attachment 2 CITY OF MAPLEWOOD FLEXIBLE BENEFIT PLAN INTRODUCTION We have amended the "Flexible Benefits Plan" that we previously established for you and other eligible employees. Under this Plan, you will be able to choose among certain benefits that we make available. The benefits that you may choose are outlined in this Summary Plan Description. We will also tell you about other important information concerning the amended Plan, such as the rules you must satisfy before you can join and the laws that protect your rights. One of the most important features of our Plan is that the benefits being offered are generally ones that you are already paying for, but normally with money that has first been subject to income and Social Security taxes. Under our Plan, these same expenses will be paid for with a portion of your pay before Federal income or Social Security taxes are withheld. This means that you will pay less tax and have more money to spend and save. Read this Summary Plan Description carefully so that you understand the provisions of our amended Plan and the benefits you will receive. This SPD describes the Plan's benefits and obligations as contained in the legal Plan document, which governs the operation of the Plan. The Plan document is written in much more technical and precise language. If the non-technical language in this SPD and the technical, legal language of the Plan document conflict, the Plan document always governs. Also, if there is a conflict between an insurance contract and either the Plan document or this Summary Plan Description, the insurance contract will control. If you wish to receive a copy of the legal Plan document, please contact the Administrator. This SPD describes the current provisions of the Plan which are designed to comply with applicable legal requirements. The Plan is subject to federal laws, such as the Internal Revenue Code and other federal and state laws which may affect your rights. The provisions of the Plan are subject to revision due to a change in laws or due to pronouncements by the Internal Revenue Service (IRS) or other federal agencies. We may also amend or terminate this Plan. If the provisions of the Plan that are described in this SPD change, we will notify you. We have attempted to answer most of the questions you may have regarding your benefits in the Plan. If this SPD does not answer all of your questions, please contact the Administrator (or other plan representative). The name and address of the Administrator can be found in the Article of this SPD entitled "General Information About Our Plan." I ELIGIBILITY 1. When can I become a participant in the Plan? Before you become a Plan member (referred to in this Summary Plan Description as a "Participant"), there are certain rules which you must satisfy. First, you must meet the eligibility requirements and be an active employee. After that, the next step is to actually join the Plan on the "entry date" that we have established for all employees. The "entry date" is defined in Question 3 below. You will also be required to complete certain application forms before you can enroll in the Health Flexible Spending Account or Dependent Care Flexible Spending Account. 2. What are the eligibility requirements for our Plan? You will be eligible to join the Plan as defined in the Adoption Information. Of course, if you were already a participant before this amendment, you will remain a participant. 3. When is my entry date? You can join the Plan on the day you meet the eligibility requirements as defined in the Adoption Information. 4. What must I do to enroll in the Plan? Before you can join the Plan, you must complete an application to participate in the Plan. The application includes your personal choices for each of the benefits which are being offered under the Plan. You must also authorize us to set some of your earnings aside in order to pay for the benefits you have elected. However, if you are already covered under any of the insured benefits, you will automatically participate in this Plan to the extent of your premiums unless you elect not to participate in this Plan. II OPERATION 1. How does this Plan operate? Before the start of each Plan Year, you will be able to elect to have some of your upcoming pay contributed to the Plan. These amounts will be used to pay for the benefits you have chosen. The portion of your pay that is paid to the Plan is not subject to Federal income or Social Security taxes. In other words, this allows you to use tax-free dollars to pay for certain kinds of benefits and expenses which you normally pay for with out-of-pocket, taxable dollars. However, if you receive a reimbursement for an expense 1 Council Packet Page Number 181 of 431 G4, Attachment 2 under the Plan, you cannot claim a Federal income tax credit or deduction on your return. (See the Article entitled "General Information About Our Plan" for the definition of "Plan Year.") III CONTRIBUTIONS 1. How much of my pay may the Employer redirect? Each year, we will automatically contribute on your behalf enough of your compensation to pay for the insurance coverage provided unless you elect not to receive any or all of such coverage. You may also elect to have us contribute on your behalf enough of your compensation to pay for any other benefits that you elect under the Plan. These amounts will be deducted from your pay over the course of the year. 2. What happens to contributions made to the Plan? Before each Plan Year begins, you will select the benefits you want and how much of the contributions should go toward each benefit. It is very important that you make these choices carefully based on what you expect to spend on each covered benefit or expense during the Plan Year. Later, they will be used to pay for the expenses as they arise during the Plan Year. 3. When must I decide which accounts I want to use? You are required by Federal law to decide before the Plan Year begins, during the election period (defined below). You must decide two things. First, which benefits you want and, second, how much should go toward each benefit. If you are already covered by any of the insured benefits offered by this Plan, you will automatically become a Participant to the extent of the premiums for such insurance unless you elect, during the election period (defined below), not to participate in the Plan. 4. When is the election period for our Plan? You will make your initial election on or before your entry date. (You should review Section I on Eligibility to better understand the eligibility requirements and entry date.) Then, for each following Plan Year, the election period is established by the Administrator and applied uniformly to all Participants. It will normally be a period of time prior to the beginning of each Plan Year. The Administrator will inform you each year about the election period. (See the Article entitled "General Information About Our Plan" for the definition of Plan Year.) 5. May I change my elections during the Plan Year? Generally, you cannot change the elections you have made after the beginning of the Plan Year. However, there are certain limited situations when you can change your elections. You are permitted to change elections if you have a "change in status" and you make an election change that is consistent with the change in status. Currently, Federal law considers the following events to be a change in status: -- Marriage, divorce, death of a spouse, legal separation or annulment; -- Change in the number of dependents, including birth, adoption, placement for adoption, or death of a dependent; -- Any of the following events for you, your spouse or dependent: termination or commencement of employment, a strike or lockout, commencement or return from an unpaid leave of absence, a change in worksite, or any other change in employment status that affects eligibility for benefits; -- One of your dependents satisfies or ceases to satisfy the requirements for coverage due to change in age, student status, or any similar circumstance; and -- A change in the place of residence of you, your spouse or dependent that would lead to a change in status, such as moving out of a coverage area for insurance. In addition, if you are participating in the Dependent Care Flexible Spending Account, then there is a change in status if your dependent no longer meets the qualifications to be eligible for dependent care. There are detailed rules on when a change in election is deemed to be consistent with a change in status. In addition, there are laws that give you rights to change health coverage for you, your spouse, or your dependents. If you change coverage due to rights you have under the law, then you can make a corresponding change in your elections under the Plan. If any of these conditions apply to you, you should contact the Administrator. If the cost of a benefit provided under the Plan increases or decreases during a Plan Year, then we will automatically increase or decrease, as the case may be, your salary redirection election. If the cost increases significantly, you will be permitted to either make corresponding changes in your payments or revoke your election and obtain coverage under another benefit package option with similar coverage, or revoke your election entirely. If the coverage under a Benefit is significantly curtailed or ceases during a Plan Year, then you may revoke your elections and elect to receive on a prospective basis coverage under another plan with similar coverage. In addition, if we add a new coverage option or eliminate an existing option, you may elect the newly-added option (or elect another option if an option has been eliminated) 2 Council Packet Page Number 182 of 431 G4, Attachment 2 and make corresponding election changes to other options providing similar coverage. If you are not a Participant, you may elect to join the Plan. There are also certain situations when you may be able to change your elections on account of a change under the plan of your spouse's, former spouse's or dependent's employer. These rules on change due to cost or coverage do not apply to the Health Flexible Spending Account, and you may not change your election to the Health Flexible Spending Account if you make a change due to cost or coverage for insurance. You may not change your election under the Dependent Care Flexible Spending Account if the cost change is imposed by a dependent care provider who is your relative. 6. May I make new elections in future Plan Years? Yes, you may. For each new Plan Year, you may change the elections that you previously made. You may also choose not to participate in the Plan for the upcoming Plan Year. If you do not make new elections during the election period before a new Plan Year begins, we will assume you want your elections for insured benefits only to remain the same and you will not be considered a Participant for the non-insured benefit options under the Plan for the upcoming Plan Year. IV BENEFITS 1. Health Flexible Spending Account The Health Flexible Spending Account enables you to pay for expenses allowed under Sections 105 and 213(d) of the Internal Revenue Code which are not covered by our insured medical plan and save taxes at the same time. The Health Flexible Spending Account allows you to be reimbursed by the Employer for expenses incurred by you and your dependents. Drug costs, including insulin, may be reimbursed. ÐOver-the-counterÑ drugs and menstrual care products, including tampons, pads and other products may also be reimbursed. You may not, however, be reimbursed for the cost of other health care coverage maintained outside of the Plan, or for long-term care expenses. A list of covered expenses is available from the Administrator. You may not be reimbursed for the cost of other health care coverage maintained outside of the Plan, or for long-term care expenses. A list of covered expenses is available from the Administrator. The amount that you can contribute to your Health Flexible Spending Account each Plan Year is the amount stated in the Adoption Information. The dollar limit may increase in future Plan Years for cost of living adjustments. In addition, you will be eligible to carryover amounts left in your Health Flexible Spending Account, up to $570.This means that amounts you do not use during a Plan Year can be carried over to the next Plan Year and used for expenses incurred in the next Plan Year. In order to be reimbursed for a health care expense, you must submit to the Administrator or Plan Service Provider an itemized bill from the service provider. We may also provide you with a debit or credit card to use to pay for medical expenses. The Administrator will provide you with further details, if available. Amounts reimbursed from the Plan may not be claimed as a deduction on your personal income tax return. Reimbursement from the fund shall be paid at least once a month. Expenses under this Plan are treated as being "incurred" when you are provided with the care that gives rise to the expenses, not when you are formally billed or charged, or you pay for the medical care. You may be reimbursed for expenses for any child until the end of the calendar year in which the child reaches age 26. A child is a natural child, stepchild, foster child, adopted child, or a child placed with you for adoption. If a child gains or regains eligibility due to these rules, that qualifies as a change in status to change coverage. Newborns' and Mothers' Health Protection Act: Group health plans generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under Federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). Women's Health and Cancer Rights Act: This plan, as required by the Women's Health and Cancer Rights Act of 1998, will reimburse up to plan limits for benefits for mastectomy-related services including reconstruction and surgery to achieve symmetry between the breasts, prostheses, and complications resulting from a mastectomy (including lymphedema). Contact your Plan Administrator for more information. 2. Dependent Care Flexible Spending Account The Dependent Care Flexible Spending Account enables you to pay for out-of-pocket, work-related dependent day-care cost with pre-tax dollars. If you are married, you can use the account if you and your spouse both work or, in some situations, if your spouse goes to school full-time. Single employees can also use the account. 3 Council Packet Page Number 183 of 431 G4, Attachment 2 An eligible dependent is someone for whom you can claim expenses on Federal Income Tax Form 2441 "Credit for Child and Dependent Care Expenses." Children must be under age 13. Other dependents must be physically or mentally unable to care for themselves. Dependent Care arrangements which qualify include: (a) A Dependent (Day) Care Center, provided that if care is provided by the facility for more than six individuals, the facility complies with applicable state and local laws; (b) An Educational Institution for pre-school children. For older children, only expenses for non-school care are eligible; and (c) An "Individual" who provides care inside or outside your home: The "Individual" may not be a child of yours under age 19 or anyone you claim as a dependent for Federal tax purposes. You should make sure that the dependent care expenses you are currently paying for qualify under our Plan. We may also provide you with a debit or credit card to use to pay for dependent care expenses. The Administrator will provide you with further details, if available. The law places limits on the amount of money that can be paid to you in a calendar year from your Dependent Care Flexible Spending Account. Generally, your reimbursements may not exceed the lesser of: (a) $5,000 (if you are married filing a joint return or you are head of a household) or $2,500 (if you are married filing separate returns); (b) your taxable compensation; (c) your spouse's actual or deemed earned income (a spouse who is a full time student or incapable of caring for himself/herself has a monthly earned income of $250 for one dependent or $500 for two or more dependents). Also, in order to have the reimbursements made to you from this account be excludable from your income, you must provide a statement from the service provider including the name, address, and in most cases, the taxpayer identification number of the service provider on your tax form for the year, as well as the amount of such expense as proof that the expense has been incurred. In addition, Federal tax laws permit a tax credit for certain dependent care expenses you may be paying for even if you are not a Participant in this Plan. You may save more money if you take advantage of this tax credit rather than using the Dependent Care Flexible Spending Account under our Plan. Ask your tax adviser which is better for you. 3. Premium Expense Account A Premium Expense Account allows you to use tax-free dollars to pay for certain premium expenses under various insurance programs that we may offer you. These premium expenses can include: -- Health care premiums under our insured group medical plan. -- Group term life insurance premiums. -- Dental insurance premiums. -- Disability insurance premiums. -- Vision insurance premiums. -- Any qualified Employer sponsored health, dental, vision, employee-only group term life (up to $50,000 death benefit), disability, accident, cancer and intensive care insurance plans. Under our Plan, we will establish sub-accounts for you for each different type of insurance coverage that is available. Also, certain limits on the amount of coverage may apply. The Administrator may terminate or modify Plan benefits at any time, subject to the provisions of any insurance contracts providing benefits described above. We will not be liable to you if an insurance company fails to provide any of the benefits described above. Also, your insurance will end when you leave employment, are no longer eligible under the terms of any insurance policies, or when insurance terminates. Any benefits to be provided by insurance will be provided only after (1) you have provided the Administrator the necessary information to apply for insurance, and (2) the insurance is in effect for you. If you cover your children up to age 26 under your insurance, you can pay for that coverage through the Plan. V BENEFIT PAYMENTS 1. When will I receive payments from my accounts? During the course of the Plan Year, you may submit requests for reimbursement of expenses you have incurred. Expenses are considered "incurred" when the service is performed, not necessarily when it is billed or paid for. The Administrator will provide you with acceptable forms for submitting these requests for reimbursement. If the request qualifies as a benefit or expense that the Plan has agreed to pay, you will receive a reimbursement payment soon thereafter. Remember, these reimbursements which are made from the Plan are generally not subject to federal income tax or withholding. Nor are they subject to Social Security taxes. Requests for payment of insured benefits should be made directly to the insurer. You will only be reimbursed from the Dependent Care Flexible Spending Account to the extent that there are sufficient funds in the Account to cover your request. 4 Council Packet Page Number 184 of 431 G4, Attachment 2 2. What happens if I don't spend all Plan contributions during the Plan Year? You may carry over up to $570 in unused Health Flexible Spending Account dollars to the next Plan Year. This amount may be adjusted in future Plan Years. Any remaining Health Flexible Spending Account balance in excess of $570 or any remaining Dependent Care Flexible Spending Account dollars left at the end of the Plan Year will be forfeited. Obviously, qualifying expenses that you incur late in the Plan Year for which you seek reimbursement after the end of such Plan Year will be paid first before any amount is forfeited. For the Health Flexible Spending Account, you must submit claims no later than the number of days listed in the Adoption Information. For the Dependent Care Flexible Spending Account, you must submit claims no later than the number of days listed in the Adoption Information. Because it is possible that you might forfeit amounts in the Plan if you do not fully use the contributions that have been made, it is important that you decide how much to place in each account carefully and conservatively. Remember, you must decide which benefits you want to contribute to and how much to place in each account before the Plan Year begins. You want to be as certain as you can that the amount you decide to place in each account will be used up entirely. 3. Family and Medical Leave Act (FMLA) If your Employer is subject to the requirements of the Family and Medical Leave Act and if you take leave under the Family and Medical Leave Act, you may revoke or change your existing elections for the Health Flexible Spending Account. If your coverage in these benefits terminates, due to your revocation of the benefit while on leave or due to your non-payment of contributions, you will be permitted to reinstate coverage for the remaining part of the Plan Year upon your return. For the Health Flexible Spending Account, you may continue your coverage or you may revoke your coverage and resume it when you return. You can resume your coverage at its original level and make payments for the time that you are on leave. For example, if you elect $1,200 for the year and are out on leave for 3 months, then return and elect to resume your coverage at that level, your remaining payments will be increased to cover the difference - from $100 per month to $150 per month. Alternatively your maximum amount will be reduced proportionately for the time that you were gone. For example, if you elect $1,200 for the year and are out on leave for 3 months, your amount will be reduced to $900. The expenses you incur during the time you are not in the Health Flexible Spending Account are not reimbursable. If you continue your coverage during your unpaid leave, you may pre-pay for the coverage, you may pay for your coverage on an after-tax basis while you are on leave, or you and your Employer may arrange a schedule for you to "catch up" your payments when you return. 4. Uniformed Services Employment and Reemployment Rights Act (USERRA) If you are going into or returning from military service, you may have special rights to health care coverage under your Health Flexible Spending Account under the Uniformed Services Employment and Reemployment Rights Act of 1994. These rights can include extended health care coverage. If you may be affected by this law, ask your Administrator for further details. 5. What happens if I terminate employment? If you terminate employment during the Plan Year, your right to benefits will be determined in the following manner: (a) You will remain covered by insurance, but only for the period for which premiums have been paid prior to your termination of employment. (b) You will still be able to request reimbursement for qualifying dependent care expenses incurred from the balance remaining in your dependent care account at the time of termination of employment. However, no further salary redirection contributions will be made on your behalf after you terminate. You must submit claims within the number of days listed in the Adoption Information. (c) Your participation in the Health Flexible Spending Account will cease, and no further salary redirection contributions will be contributed on your behalf. However, you will be able to submit claims for health care expenses that were incurred before the end of the period for which payments to the Health Flexible Spending Account have already been made. You must submit claims within the number of days listed in the Adoption Information. 6. Will my Social Security benefits be affected? Your Social Security benefits may be slightly reduced because when you receive tax-free benefits under our Plan, it reduces the amount of contributions that you make to the Federal Social Security system as well as our contribution to Social Security on your behalf. VI HIGHLY COMPENSATED AND KEY EMPLOYEES 1. Do limitations apply to highly compensated employees? Under the Internal Revenue Code, highly compensated employees and key employees generally are Participants who are officers, shareholders or highly paid. You will be notified by the Administrator each Plan Year whether you are a highly compensated employee or a key employee. 5 Council Packet Page Number 185 of 431 G4, Attachment 2 If you are within these categories, the amount of contributions and benefits for you may be limited so that the Plan as a whole does not unfairly favor those who are highly paid, their spouses or their dependents. Federal tax laws state that a plan will be considered to unfairly favor the key employees if they as a group receive more than 25% of all of the nontaxable benefits provided for under our Plan. Plan experience will dictate whether contribution limitations on highly compensated employees or key employees will apply. You will be notified of these limitations if you are affected. VII PLAN ACCOUNTING 1. Periodic Statements The Administrator will provide you with online access to your account so that you may periodically review your account balance. It is important to review your account carefully so you understand the balance remaining to pay for a benefit. Remember, you want to spend all the money you have designated for a particular benefit by the end of the Plan Year. VIII GENERAL INFORMATION ABOUT OUR PLAN This Section contains certain general information which you may need to know about the Plan. 1. General Plan Information City Of Maplewood Flexible Benefit Plan is the name of the Plan. Your Employer has assigned Plan Number 501 to your Plan. The provisions of your amended Plan become effective on January 01, 2023. Your Plan was originally effective on October 01, 1994. Your Plan's records are maintained on a twelve-month period of time. This is known as the Plan Year. The Plan Year begins on January 01 and ends on December 31. 2. Employer Information Your Employer's name, address, and identification number are: City Of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 41-6008920 3. Plan Administrator Information The name and address of your Plan's Administrator are: City Of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 The Administrator keeps the records for the Plan and is responsible for the administration of the Plan. The Administrator will also answer any questions you may have about our Plan. You may contact the Administrator for any further information about the Plan. 4. Service of Legal Process The name and address of the Plan's agent for service of legal process are: City Of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 5. Type of Administration The type of Administration is Employer Administration. 6 Council Packet Page Number 186 of 431 G4, Attachment 2 6. Claims Submission Claims for expenses should be submitted to: OptumHealth FInancial Services, Inc. (OHFS) P.O. Box 30516 Salt Lake City, UT 84130-0516 IX ADDITIONAL PLAN INFORMATION 1. Claims Process You should submit all reimbursement claims during the Plan Year. For the Health Flexible Spending Account, you must submit claims no later than the number of days listed in the Adoption Information. However, if you terminate employment during the Plan Year, you must submit your Health Flexible Spending Account claims within the number of days listed in the Adoption Information after your termination of employment. For the Dependent Care Flexible Spending Account, you must submit claims no later than the number of days listed in the Adoption Information. However, if you terminate employment during the Plan Year, you must submit your Dependent Care Flexible Spending Account claims within the number of days listed in the Adoption Information after your termination of employment. Any claims submitted after that time will not be considered. Claims that are insured will be handled in accordance with procedures contained in the insurance policies. All other general requests should be directed to the Administrator of our Plan. If a dependent care or medical expense claim under the Plan is denied in whole or in part, you or your beneficiary will receive written notification. The notification will include the reasons for the denial, with reference to the specific provisions of the Plan on which the denial was based, a description of any additional information needed to process the claim and an explanation of the claims review procedure. Within 60 days after denial, you or your beneficiary may submit a written request for reconsideration of the denial to the Administrator. Any such request should be accompanied by documents or records in support of your appeal. You or your beneficiary may review pertinent documents and submit issues and comments in writing. The Administrator will review the claim and provide, within 60 days, a written response to the appeal. (This period may be extended an additional 60 days under certain circumstances.) In this response, the Administrator will explain the reason for the decision, with specific reference to the provisions of the Plan on which the decision is based. The Administrator has the exclusive right to interpret the appropriate plan provisions. Decisions of the Administrator are conclusive and binding. X SUMMARY The money you earn is important to you and your family. You need it to pay your bills, enjoy recreational activities and save for the future. Our flexible benefits plan will help you keep more of the money you earn by lowering the amount of taxes you pay. The Plan is the result of our continuing efforts to find ways to help you get the most for your earnings. If you have any questions, please contact the Administrator. 7 Council Packet Page Number 187 of 431 G5 CITY COUNCILSTAFF REPORT Meeting Date February 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love AGENDA ITEM: Resolution for Reduction of Retainage on Existing Construction Contract, Cope Avenue Improvements, City Project 21-06 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Park Construction Co. has requested the City reduce the amount of retainage held on the Cope Avenue Improvements construction contract from 5.0% to 2.5% due to the vast majority of the contract work being completed. City Council will consider approving the attached resolution for reduction of retainage on this existing construction contract. Recommended Action: Motion to approve the attached resolution for reduction of retainage on existing construction contract for the Cope Avenue Improvements, City Project 21-06. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $3,746,006.48. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: This proposed reduction of retainage will reduce held retainage from $180,049.70 to $90,088.55. No adjustments to the approved budget are necessary at this time. Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. This infrastructure improvement project was previously identified in the City’s Capital Improvement Plan and included the reconstruction of Cope Avenue between White Bear Avenue and English Street. Council Packet Page Number 188 of 431 G5 Background On April 25, 2022, the City Council awarded a construction contract to Park Construction Co. forthe Cope Avenue Improvements, City Project 21-06, in the amount of $3,746,006.48. The project included the full depth reclamation of the project streets, replacement of the concrete curb and gutter, replacement of the water mains, improvements to the sanitary sewer system, replacement of deteriorated portions of the storm sewer system, new concrete sidewalk, new street pavement and a reconfiguration of the existing roadway to better fit the public traffic needs. The contractor, Park Construction Co., has completed the vast majority of the construction contract work, with only minor restoration work and punch-list items left to complete in the spring of 2023. A reduction in contract retainage from $180,049.70 to $90,088.55 is justified at this time based upon the amount of completed work. Attachments 1. 21-06 Project Location Map 2. Letter from Park Construction Co. Requesting a Portion of Retainage be Released 3. Resolution for Reduction of Retainage on Existing Construction Contract Council Packet Page Number 189 of 431 G5, Attachment 1 Council Packet Page Number 190 of 431 G5, Attachment 2 January 24, 2023 Tyler, Park Construction is requesting that the retainage on Cope Ave be reduced to 2.5%. th Park Construction will guarantee that the restoration and punch list will be done by June 16, 2023. 1 148181'AvenueNETelephone763.786.9800 Fax763.786.2952 Minneapolis,MN55432 EstimatingFax763.717.6237 Establishedin1916AnEqualOpportunityEmployer Council Packet Page Number 191 of 431 G5, Attachment 3 RESOLUTION REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT COPE AVENUE IMPROVEMENTS, CITY PROJECT 21-06 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 21-06, Cope Avenue Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Park Construction Co., has completed the majority of the project construction contract work, with only minor restoration remaining. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. A reduction in retainage on the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5.0% to 2.5% th Adopted by the Maplewood City Council on this 13 day of February 2023. Council Packet Page Number 192 of 431 G6 CITY COUNCIL STAFF REPORT Meeting Date February 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Director of Public Works/City Engineer PRESENTER: Steven Love AGENDA ITEM: Sterling Street Bridge Replacement, City Project 16-25 a.Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 b.Resolution Directing Final Payment and Acceptance of Project Action Requested: Motion Discussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The construction contract with Northland Grading and Excavation for the Sterling Street Bridge Replacement, City Project 16-25 has been completed. To close out the construction contract the City Council will consider approving a change to the contract, accept the improvements that were made, and approve the final payment to Northland Grading and Excavation. Recommended Action: a.Motion to approve the resolution Directing the Modification of Existing Construction Contract, Change Order No. 2, Sterling Street Bridge Replacement, City Project 16-25, and authorize the Mayor and City Manager to sign Change Order #2. b.Motion to approve the attached resolution Directing Final Payment and Acceptance of Project for the Sterling Street Bridge Replacement, City Project 16-25. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $733,965.74 (construction contract) Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Approval of Change Order No. 2 will increase the project construction contract by $8,700.00 from $726,050.40 to $734,750.40. The final contract amount, including all Change Orders, is $733,965.74. The final funding plan includes State Local Bridge Replacement Program (LBRP) funds, Municipal State Aid (MSA) funds, Street Revitalization Funds (SRF), and the Environmental Utility Funds (EUF). The LBRP funding significantly reduces the CityÓs share of the proposed project funding costs. No adjustments to the approved budget are needed. Council Packet Page Number 193 of 431 G6 Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The new Sterling Street Bridge continues the CityÓs investment into improving the condition of the infrastructure throughout the City. Background The City Council awarded a construction contract to Northland Grading and Excavating for the Sterling Street Bridge Replacement, City Project 16-25, in the amount of $726,050.40. The project improvements include full reconstruction of the existing wooden Sterling Street Bridge with a concrete box culvert bridge. Change Order No. 1 changed the substantial and final completion dates for the construction contract. This was due to material shortages and supply chain issues. There were no additional cost increases associated with Change Order No. 1. Change Order No 2 proposes to increase the construction contract by $8,700.00 to cover costs associated with additional topsoil needed to help ensure germination of the seed to stabilize the banks of the creek. Change Order No. 2 increases the construction contract from $726,050.40 to $734,750.40. The contractor Northland Grading and Excavating has completed the project improvements. The final cost of the completed improvements is $733,965.74 (based on completed work, final quantities, and all Change Orders). City staff has reviewed the work and deemed it acceptable. The contractor has submitted all final project documents required for final acceptance of the project. Attachments 1. Resolution Directing Modification of Existing Construction Contract, Sterling Street Bridge Replacement, City Project 16-22 2. Resolution Directing Final Payment and Acceptance of Project, Sterling Street Bridge Replacement, City Project 16-22 3. Change Order #2 4. Final Payment Application Council Packet Page Number 194 of 431 G6, Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, PROJECT 16-25, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Sterling Street Bridge Replacement, City Project 16-25, and has let a construction contract, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Sterling Street Bridge Replacement, City Project 16-25, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1. The Mayor, City Manager, and City Engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is an increase of $8,700.00. 2. The revised contract amount is $734,750.40 th Adopted by the Maplewood City Council on this 13 day of February 2023. Council Packet Page Number 195 of 431 G6, Attachment 2 RESOLUTION DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT STERLING STREET BRIDGE REPLACEMENT, CITY PROJECT 16-25 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Sterling Street Bridge Replacement, City Project 16-25, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Sterling Street Bridge Replacement, City Project 16-25, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 16-25 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $733,965.74. Final payment to Northland Grading and Excavation and the release of any retainage or escrow is hereby authorized. th Adopted by the Maplewood City Council on this 13 day of February 2023. Council Packet Page Number 196 of 431 G6, Attachment 3 Council Packet Page Number 197 of 431 G6, Attachment 4 Date: 11/30/2022 CONTRACTOR'S PAY REQUEST Pay Request No. 5& Final Sterling Street Bridge Replacement City of Maplewood, MNFor Period Ending:11/30/2022 SAP 138-150-001 BMI Project Nos. T43.112735/0N1.123983 Original Contract Amount$726,050.40 Approved Change Orders$8,700.00 Revised Contract Amount$734,750.40 Completed Work to Date$733,965.74 Stored Materials on Hand$0.00 Sub-Total$733,965.74 Retained Percentage0%$0.00 Deduction$0.00 Liquidated Damages$0.00 Total$733,965.74 Total Amount Paid on Previous Estimates$697,267.45 Amount Due Contractor This Pay Request$36,698.29 Certificate for Final Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Approved for Payment: bƚƩƷŷƌğƓķ DƩğķźƓŭ ε 9ǣĭğǝğƷźƓŭ \[\[/SignatureDate ЋЉА ЌƩķ {ƷƩĻĻƷ Ͳ {ǒźƷĻ ЋЉЊͲ th .ƚǣ ЎЌЏ bƚƩƷŷŅźĻƌķͲ ab ЎЎЉЎА Name and Title Checked and Approved as to Quantities and Amount:SignatureDate .ƚƌƷƚƓ ε aĻƓƉͲ LƓĭ͵ ЌЎЉА Iźŭŷ tƚźƓƷ 5ƩźǝĻ bƚƩƷŷ .ƌķŭ͵ Њ {ǒźƷĻ 9ЊЌЉ hğƉķğƌĻͲ ab ЎЎЊЋБ Name and Title Approved for Payment: City of Maplewood NameDate Title Council Packet Page Number 198 of 431 G6, Attachment 4 %1/11%1/11 DPNQMFUFE!UP!EBUF %1/111/11FBDI%1/111/11MJO!GU FTUJNBUFEFTUJNBUFEFTUJNBUFE QSFWJPVT!FTUJNBUF FTUJNBUFE %611/112/11FBDI%611/112/11FBDI%611/11%363/117/11FBDI%363/117/11FBDI%363/11%363/117/11FBDI%363/117/11FBDI%363/11%416/1172/11MJO!GU%416/1172/11MJO!GU%416/11%5:6/11::/11MJO!GU%5:6/11::/11MJO!GU%5:6/11%6 :2/86336/11MJO!GU%6:2/86336/11MJO!GU%6:2/86%211/115/11DV!ZE%211/115/11DV!ZE%211/11%711/117/11DV!ZE%711/117/11DV!ZE%711/11%211/112/11FBDI%211/112/11FBDI%211/11%479/112/11FBDI%295/112/11FBDI%295/11%861 /114/11FBDI%861/114/11FBDI%861/11%381/111/11FBDI %2-266/115/11FBDI%2-266/115/11FBDI%2-266/11%2-211/112/11FBDI%2-211/112/11FBDI%2-211/11%4-111/114/11FBDI%4-111/114/11FBDI%4-111/11 BNPVOURVBOUJUZBNPVOURVBOUJUZBNPVOU BT!CJE 1131/11MJO!GU%8-211/1129/43MJO!GU%7-614/7129/43MJO!GU%7-614/71 %6/1172/11MJO!GU%6/11::/11MJO!GU%3/74336/11MJO!GU%6/61772/11TR!ZE%4-746/61772/11TR!ZE%4-746/61772/11TR!ZE%4-746/61%6/11566/11TR!ZE%3-386/11566/11TR!ZE%3-386/11566/11TR!ZE%3-386/11%4/61471/11MJO!GU%2- 371/11849/11MJO!GU%3-694/11849/11MJO!GU%3-694/11 %53/117/11FBDI%53/117/11FBDI%31/11232/11MJO!GU%3-531/11232/11MJO!GU%3-531/11232/11MJO!GU%3-531/11%36/115/11DV!ZE%26/11674/11DV!ZE%9-556/11674/11DV!ZE%9-556/11674/11DV!ZE%9-556/11%35/113271/11DV!ZE%62 -951/113271/11DV!ZE%62-951/113-271/11DV!ZE%62-951/11%26/112549/11DV!ZE%32-681/112549/11DV!ZE%32-681/112-549/11DV!ZE%32-681/11%71/11357/11DV!ZE%25-871/11357/11DV!ZE%25-871/11357/11DV!ZE%25-871/11%:6/3 6343/11UPO%33-1:9/11347/2:UPO%33-5:8/21347/2:UPO%33-5:8/21%71/1134:/11DV!ZE%25-451/1134:/11DV!ZE%25-451/1134:/11DV!ZE%25-451/11%23/11716/11MJO!GU%8-371/11711/11MJO!GU%8-311/11711/11MJO!GU%8-311/11%81 /1185/11MJO!GU%6-291/1185/11MJO!GU%6-291/1185/11MJO!GU%6-291/11%:1/11356/11DV!ZE%33-161/11416/11DV!ZE%38-561/11416/11DV!ZE%38-561/11%47/11419/11MJO!GU%22-199/11417/11MJO!GU%22-127/11417/11MJO!GU%22-1 27/11%47/11374/11MJO!GU%:-579/11372/11MJO!GU%:-4:7/11372/11MJO!GU%:-4:7/11%51/11374/11MJO!GU%21-631/11373/61MJO!GU%21-611/11373/61MJO!GU%21-611/11%:1/114/11FBDI%27/11512/11MJO!GU%7-527/111/11MJO!GU %611/112/11FBDI%399/865/11FBDI%211/117/11DV!ZE%466/%211/112/11FBDI%295/113/11FBDI%243/1147/11TR!GU%5-863/1147/11TR!GU%5-863/1147/11TR!GU%5-863/11%361/114/11FBDI %3-1:9/11:7/11MJO!GU%312-519/11:7/11MJO!GU%312-519/11:7/11MJO!GU%312-519/11%2-211/112/11FBDI%2-111/114/11FBDI%3-:51/115/11FBDI%22-871/115/11FBDI%22-871/115/11FBDI%22-871/11%6-111/112/11MVNQ!TVN%6-111 /112/11MVNQ!TVN%6-111/112/11MVNQ!TVN%6-111/11%3-611/112/11MVNQ!TVN%3-611/111/11MVNQ!TVN%1/111/11MVNQ!TVN%1/11%3-611/112/11MVNQ!TVN%3-611/112/11MVNQ!TVN%3-611/112/11MVNQ!TVN%3-611/11 QSJDFRVBOUJUZ %41-996/113/11FBDI%72-881/113/11FBDI%72-881/113/11FBDI%72-881/11 %83-856/112/11MVNQ!TVN%83-856/112/11MVNQ!TVN%83-856/112/11MVNQ!TVN%83-856/11%26-111/112/11MVNQ!TVN%26-111/112/11MVNQ!TVN%26-111/112/11MVNQ!TVN%26-111/11%21-111/112/11MVNQ!TVN%21-111/112/11MVNQ!TVN%21 -111/112/11MVNQ!TVN%21-111/11%26-111/112/11MVNQ!TVN%26-111/112/11MVNQ!TVN%26-111/112/11MVNQ!TVN%26-111/11%36-111/112/11MVNQ!TVN%36-111/112/11MVNQ!TVN%36-111/112/11MVNQ!TVN%36-111/11 %222-611/111/35BDSF%37-871/111/35BDSF%37-871/111/35BDSF%37-871/11%222-611/111/35BDSF%37-871/111/35BDSF%37-871/111/35BDSF%37-871/11 !VOJUFTUJNBUFEFTUJNBUFE JUFN TQFDJBM WJOH!XBUFS CFBN ZQF!NP 4117!DMBTT!W EFTJHO! 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2UPQTPJM!CPSSPX OP/ 59TFEJNFOU!DPOUSPM!MPH!UZQF!XPPE!GJCFS5:UVSG!FTUBCMJTINFOU61SBQJE!TUBCJMJ\[BUJPO!NFUIPE!562IZESBMJD!TUBCJMJ\[FE!GJCFS!NBUSJY635#!TPMJE!MJOF!NVUJ!.!DPNQPOFOU645#!EPVCMF!TPMJE!MJOF!NVMUJ!.!DPNQPOFOU JUFN TUFSMJOH!TUSFFU!CSJEHF!SFQMBDFNFOUDJUZ!PG!NBQMFXPPE-!NOTBQ!249.261.112CNJ!QSPKFDU!OPT/!U54/22384601O2/234:94 XPSL!DPNQMFUFE!UISPVHI!OPWFNCFS!41-!3133 Council Packet Page Number 200 of 431 G6, Attachment 4 Council Packet Page Number 201 of 431 G6, Attachment 4 Council Packet Page Number 202 of 431 G6, Attachment 4 Certificate Of Completion Envelope Id: 190D069C706A4F658E5FEAE1E076279AStatus: Delivered Subject: DocuSign: Sterling Street Bridge Replacement - Pay Request No. 5 & Final Source Envelope: Document Pages: 5Signatures: 2Envelope Originator: Certificate Pages: 5Initials: 0Courtney Maul AutoNav: Enabled1960 Premier Drive EnvelopeId Stamping: EnabledMANKATO, MN 56001 Time Zone: (UTC-06:00) Central Time (US & Canada)courtney.maul@bolton-menk.com IP Address: 204.131.244.194 Record Tracking Status: OriginalHolder: Courtney MaulLocation: DocuSign 11/30/2022 1:45:21 PM courtney.maul@bolton-menk.com Signer EventsSignatureTimestamp Dean TrahanSent: 11/30/2022 1:52:42 PM deant@northlandge.comViewed: 12/12/2022 1:03:20 PM Project managerSigned: 12/12/2022 1:05:01 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 68.115.113.183 Electronic Record and Signature Disclosure: Accepted: 10/5/2021 1:27:51 PM ID: feb4589e-2d33-4d7e-9da5-8c9545b3bf9d Gary GarrSent: 12/12/2022 1:05:03 PM Gary.Garr@bolton-menk.comViewed: 12/12/2022 1:55:06 PM Senior Engineering TechnicianSigned: 12/12/2022 1:56:58 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 174.199.39.56 Electronic Record and Signature Disclosure: Accepted: 6/29/2020 4:14:47 PM ID: 9bae531a-2508-4818-8523-de10127c92d6 Steve LoveSent: 12/12/2022 1:57:00 PM Steve.Love@maplewoodmn.govResent: 12/14/2022 11:31:42 AM PW DirectorResent: 12/27/2022 2:36:40 PM Security Level: Email, Account Authentication Viewed: 1/9/2023 11:45:05 AM (None) Electronic Record and Signature Disclosure: Accepted: 9/2/2021 12:08:34 PM ID: eed94f02-1992-4730-8d2a-ca89c0724e6d In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Council Packet Page Number 203 of 431 G6, Attachment 4 Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted11/30/2022 1:52:42 PM Certified DeliveredSecurity Checked1/9/2023 11:45:05 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure Council Packet Page Number 204 of 431 G6, Attachment 4 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Bolton & Menk (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Council Packet Page Number 207 of 431 G7 CITY COUNCILSTAFF REPORT Meeting Date February 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer PRESENTER: Steven Love AGENDA ITEM: Resolution Entering into a Limited Use Permit for Operation and Maintenance ofa Trail Along Trunk Highway No. 5between theMinnesota Department of Transportation and City of Maplewood, City Project 20-28 Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Minnesota Department of Transportation (MnDOT) is planning a street improvement project for Trunk Highway No. 5 (Stillwater Road and Minnehaha Avenue) in the City of Saint Paul and the City of Maplewood. This project includes improvements and American with Disabilities Act (ADA) upgrades. The City Council will consider entering into a Limited Use Permit (LUP) with MnDOT for the operation and maintenance of a trail along Trunk Highway No. 5 (Stillwater Road) in the City of Maplewood. Recommended Action: Motion to approve the attached resolution authorizing the City of Maplewood to enter into a Limited Use Permit for Operation and Maintenance of a Trail along Trunk Highway No. 5 between the Minnesota Department of Transpiration and the City of Maplewood. The Mayor and City Manager are authorized to sign said agreement signifying council approval. Minor revisions as approved by the City attorney are authorized as needed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The City of Maplewood currently maintains the trail along Trunk Highway No. 5 (Stillwater Road). These maintenance costs are covered under the Public Works annual operational budget. No additional cost are anticipated by entering into the LUP with MnDOT. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Council Packet Page Number 208 of 431 G7 Integrated Communication Operational Effectiveness Targeted Redevelopment The agreement covers the roles and responsibility associated with the operation and maintenance of the trail along Trunk Highway No. 5 (Stillwater Road). As part of the project the existing trail will be repaired and brought up to ADA standards. Background: MnDOT is planning a street improvement project on Trunk Highway No. 5 (Minnehaha and Stillwater Road) in the Cities of Saint Paul and Maplewood. Attached is a MnDOT Project Area Map which shows the location of their proposed project. The proposed project includes road resurfacing, sidewalk and trail repairs, and ADA upgrades. The project is planned to begin construction in 2023. MnDOT is responsible for all construction costs and upgrades associated with this project. In Maplewood, the proposed project is primarily on Stillwater Road, between Minnehaha Avenue and Stillwater Road. Attached is a Maplewood Location Map. This map shows the part of the project that lies within the City of Maplewood and the general location of the existing trail that lies along Trunk Highway No. 5 (Stillwater Road). The City of Maplewood is currently responsible for maintenance and operations cost associated with the existing trail. As part of this project, MnDOT requires the City to enter into an LUP agreement (LUP #6230-0224 see attached document). This LUP agreement allows for the trail to exist within MnDOT’s right-of- way, assigns the maintenance costs to the City of Maplewood, and states that MnDOT is responsible for all construction costs associated with MnDOT’s improvement project. Back in 1999, the City of Maplewood entered into an LUP agreement with MnDOT (LUP #6230-54 see attached document) for a small segment of the existing trail just east of the intersection of Trunk Highway No. 5 (Stillwater Road) and Bartelmy Lane. MnDOT has served formal notice that the 1999 LUP agreement (LUP #6230-054) will be terminated and superseded by the new LUP agreement (LUP #6230-0224). City staff and the City attorney have reviewed the attached agreements and recommend entering into the LUP agreement (LUP #6230-0224) for the operation and maintenance of the trail along Trunk Highway No. 5 (Stillwater Road). Attachments: 1. Maplewood’s Location Map 2. MnDOT’s Project Area Map 3. 1999 LUP Agreement # 6230-54 4. New LUP Agreement # 6230-0224 5. Resolution Authorization to Enter into Limited Use Permit No. 6230-0224 Council Packet Page Number 209 of 431 G7, Attachment 1 Nbqmfxppe MpdbujpoNbq UsvolIjhixbzOp/6 )TujmmxbufsSpbe* FyjtujohUsbjm DfouvszBwfovf FyjtujohUsbjm UsvolIjhixbzOp/6 )TujmmxbufsSpbe* NjoofibibBwfovf Council Packet Page Number 210 of 431 G7, Attachment 2 Nbq Bsfb Qspkfdu NoEPU(t Council Packet Page Number 211 of 431 G7, Attachment 3 Council Packet Page Number 212 of 431 G7, Attachment 3 Council Packet Page Number 213 of 431 G7, Attachment 3 Council Packet Page Number 214 of 431 G7, Attachment 3 Council Packet Page Number 215 of 431 G7, Attachment 3 Council Packet Page Number 216 of 431 G7, Attachment 3 Council Packet Page Number 217 of 431 G7, Attachment 3 Council Packet Page Number 218 of 431 G7, Attachment 4 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 6230 (T.H. 5) County of Ramsey LUP # 6230-0224 Permittee: City of Maplewood Expiration Date: 01/19/2033 Coop./Const. A gmt N/A In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, (ÐMnDOTÑ), hereby grants a Limited Use Permit (the ÐLUPÑ) to City of Maplewood, (ÐPermitteeÑ), to use the area within the right of way of Trunk Highway No. 5 as shown in red on Exhibit "A", (the ÐAreaÑ) attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. The permittee agrees that this permit totally replaces and supersedes the previously issued Limited Use permits affecting the Area, specifically: Permit, #6230-054, was issued on 3/2/1999 on CS 6230 (TH 5). Upon issuance of this permit the earlier issued permit is cancelled. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 01/19/2033 (ÐExpiration DateÑ) subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to LUP Î Standardized LUP Form Page 1 of 6 LU1001 1/19/2023 Council Packet Page Number 219 of 431 G7, Attachment 4 the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOTÓs sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the PermitteeÓs use of the Facility and Area for the additional term. If PermitteeÓs written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the PermitteeÓs sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOTÓs written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorneyÓs fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The Initial construction of the Facility shall be performed by MnDOT In accordance with SP 6229-37, and at the location shown on Exhibit A. Upon completion of the initial construction of the Facility, MnDOT shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. With respect to any future construction of any kind, Permittee will construct the Facility In accordance with MnDOT-approved plans and specifications and in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the LUP Î Standardized LUP Form Page 2 of 6 LU1001 1/19/2023 Council Packet Page Number 220 of 431 G7, Attachment 4 Americans with Disabilities Act ("ADA"). Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway. Approval in writing from MnDOT's District Engineer shall be required for any changes from the approved plan. In any construction by Permittee, Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Upon any construction of the Facility by Permittee, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act (ÐADAÑ). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby LUP Î Standardized LUP Form Page 3 of 6 LU1001 1/19/2023 Council Packet Page Number 221 of 431 G7, Attachment 4 incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOTÓs invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the StateÓs right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOTÓs District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANICÓS LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: LUP Î Standardized LUP Form Page 4 of 6 LU1001 1/19/2023 Council Packet Page Number 222 of 431 G7, Attachment 4 City of Maplewood 1830 County Road B East Maplewood, MN 55109 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney GeneralÓs Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP Î Standardized LUP Form Page 5 of 6 LU1001 1/19/2023 Council Packet Page Number 223 of 431 G7, Attachment 4 MINNESOTA DEPARTMENTCITY OF MAPLEWOOD OF TRANSPORTATION By_________________________________ RECOMMENDED FOR APPROVAL Its ____________________________ By:______________________________ District Engineer And________________________________ Date____________________________ Its ____________________________ _ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:______________________________ Director, Office of Land Management Date____________________________ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. LUP Î Standardized LUP Form Page 6 of 6 LU1001 1/19/2023 Council Packet Page Number 224 of 431 G7, Attachment 4 Council Packet Page Number 225 of 431 G7, Attachment 4 Council Packet Page Number 226 of 431 G7, Attachment 4 Council Packet Page Number 227 of 431 G7, Attachment 4 Council Packet Page Number 228 of 431 G7, Attachment 4 Council Packet Page Number 229 of 431 G7, Attachment 4 Council Packet Page Number 230 of 431 G7, Attachment 4 Council Packet Page Number 231 of 431 G7, Attachment 4 Council Packet Page Number 232 of 431 G7, Attachment 4 Council Packet Page Number 233 of 431 G7, Attachment 4 Council Packet Page Number 234 of 431 G7, Attachment 4 Council Packet Page Number 235 of 431 G7, Attachment 4 Council Packet Page Number 236 of 431 G7, Attachment 4 Council Packet Page Number 237 of 431 G7, Attachment 4 Council Packet Page Number 238 of 431 G7, Attachment 4 Council Packet Page Number 239 of 431 G7, Attachment 4 Council Packet Page Number 240 of 431 G7, Attachment 4 Council Packet Page Number 241 of 431 G7, Attachment 4 Council Packet Page Number 242 of 431 G7, Attachment 4 Council Packet Page Number 243 of 431 G7, Attachment 4 Council Packet Page Number 244 of 431 G7, Attachment 4 Council Packet Page Number 245 of 431 G7, Attachment 4 Council Packet Page Number 246 of 431 G7, Attachment 4 Council Packet Page Number 247 of 431 G7, Attachment 4 Council Packet Page Number 248 of 431 G7, Attachment 4 Council Packet Page Number 249 of 431 G7, Attachment 4 Council Packet Page Number 250 of 431 G7, Attachment 4 Council Packet Page Number 251 of 431 G7, Attachment 4 Council Packet Page Number 252 of 431 G7, Attachment 5 RESOLUTION AUTHORIZATION TO ENTER INTO LIMITED USE PERMIT NO. 6230-0224 BE IT RESOLVED, that the City of Maplewood enter into Limited Use Permit No. 6230-0224 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance and use by the City of Maplewood upon, along, and adjacent to Trunk Highway No. 5 and the limits of which are defined in said Limited Use Permit. NOW, THEREFORE BE IT FURTHER RESOLVED by the City Council of the City of Maplewood, Minnesota that the Mayor and City Manager are authorized to execute and enter into the Limited Use Permit (Permit No. 6230-0224). th Approved this 13 day of February, 2023. Council Packet Page Number 253 of 431 G8 CITY COUNCILSTAFF REPORT Meeting Date February 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer PRESENTER: Steven Love AGENDA ITEM: Cooperative Agreement for Operation and Maintenance of the Silver Lake Aerator, City Project 23-01 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City Council will consider entering into a cooperative agreement with Ramsey County, the City of North Saint Paul, and Valley Branch Watershed District. The agreement covers the roles and responsibilities associated with the operation and maintenance of the Silver Lake aerator. Recommended Action: Motion to enter into a Cooperative Agreement for Operation and Maintenance of the Silver Lake Aerator between Ramsey County, the City of North Saint Paul, and Valley Branch Watershed District, and the City of Maplewood. The Mayor and City Manager are authorized to sign said agreement signifying Council approval. 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 a one-time payment of $5,000 and an annual payment for one half of the annual electrical cost for running the aerator estimated at $1,750 per year. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The cost share for the City of Maplewood includes a one-time payment of $5,000 for future operation and maintenance costs. Additionally, Maplewood will make an annual payment for one half of the annual electrical costs for running the aerator, estimated at $1,750 per year. These costs will be paid through the Environmental Utility Fund. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The agreement covers the roles and responsibility associated with the operation and maintenance of the Silver Lake aerator. The existing aerator helps to prevent winter fish die-off by keeping the Council Packet Page Number 254 of 431 G8 lake from fully freezing by increasing the level of dissolved oxygen in the lake water during the winter. Background: Back in 1985/1986, Ramsey County owned Joy Park and had installed an aerator system for Silver Lake. This was done to help keep the lake from fully freezing and increase the level of dissolved oxygen in Silver Lake during the winter to help prevent winter fish die-off. In 1997, ownership of Joy Park was transferred from Ramsey County to the City of Maplewood. The transfer did not include the aerator system and Ramsey County continued to operate and maintain the system. In 2010 Ramsey County received a grant from the Minnesota Department of Natural Resources (MnDNR) for a replacement aerator system. Both the original aerator system and the new system were built on part of the Joy Park land that was transferred to the City of Maplewood. In 2018, Ramsey County began working with the City of Maplewood, the City of North Saint Paul, and Valley Branch Watershed District to develop a new plan for long term maintenance and ownership of the aerator system serving Silver Lake. The attached agreement between Ramsey County, the City of Maplewood, the City of North Saint Paul, and Valley Branch Watershed District defines the roles and responsibilities for the maintenance and operation of the Silver Lake aerator. The following are a few highlights of the agreement. City of North Saint Paul o Will take ownership of the existing system and is responsible for maintenance and operations. o Currently owns and operates another aerator system in their City. Ramsey County o Will make a one-time payment of $20,000 to the City of North Saint Paul for future operations and maintenance of the system. City of Maplewood o Will allow North Saint Paul access to the aerator through Joy Park. o Will make a one-time payment of $5,000 to the City of North Saint Paul for future operations and maintenance of the system. o Will pay one half of the annual electrical costs for operating the aerator system. This is estimated at $1,750 per year. Valley Branch Watershed District o Will pay one half of the annual electrical costs for operating the aerator system. This is estimated at $1,750 per year. City staff and the City Attorney have reviewed the attached agreement and recommend entering into the agreement for the operation and maintenance of the Silver Lake aerator. Attachments: 1. Cooperative Agreement for Operation and Maintenance of the Silver Lake Aerator Council Packet Page Number 255 of 431 G8, Attachment 1 PW2022-16 COOPERATIVE AGREEMENT FOR OPERATION AND MAINTENANCE OF SILVER LAKE AERATOR THIS AGREEMENT, made and entered into effective December 23, 2022, by and between City of North Saint Paul, a Minnesota municipal corporation (“North St. Paul”), City of Maplewood, a Minnesota municipal corporation (“Maplewood”), Valley Branch Watershed District, a Minnesota municipal corporation(“VBWD”), and County ofRamsey, a political subdivision of the state of Minnesota (“Ramsey County”) for the conveyance of aerator equipment and continued operation of an aerator system on Silver Lake in Joy Park in the City of Maplewood. RECITALS A. The area known as Joy Park was transferred by Ramsey County to Maplewood pursuant to a January 17, 1997, agreement. The agreement provided that the property was to be used for public parks, recreation, and open space purposes. In the event the property was no longer used for those identified purposes, title of the property reverts to the County. B. At the time of transfer, Ramsey County was operating an aerator system on Silver Lake on the property of Joy Park. The agreement transferring Joy Park did not include or mention the aerator system, or the operation and maintenance thereof. C. Ramsey County seeks to transfer responsibility for the aeration system to a local unit of government for its continued operation and maintenance and seeks to withdraw from responsibility for ownership, operation, minor and major maintenance, and replacement of the aerator system. D. North Saint Paul, Maplewood, and VBWD have an interest in the continued operation of the aeration system on Silver Lake and have authority to participate in the ownership, operation, maintenance, and financial obligations as provided herein. AGREEMENT IN CONSIDERATION OF the mutual covenants and agreements hereinafter provided, the parties agree as follows: 1. CONVEYANCE TO NORTH ST PAUL AND ONE-TIME PAYMENT: The County agrees to convey all equipment and its inventory of supplies for the operation and maintenance of the aerator system currently operating at Silver Lake. In addition, the County agrees to pay to North St. Paul a one-time payment of $20,000 in exchange for being released from responsibility for any and all future maintenance and replacement of the equipment. 2. MAPLEWOOD ONE-TIME PAYMENT TO NORTH ST. PAUL: $5,000: Maplewood agrees to pay North St. Paul a one-time payment of $5,000 in exchange for being released from responsibility for future maintenance obligations. 1 224598v1 Council Packet Page Number 256 of 431 G8, Attachment 1 PW2022-16 3.ACCEPTANCE OF SYSTEM: In consideration of the payment and the conveyance of equipment and supplies, North St. Paul agrees to accept the equipment and supplies as is, with no warranty or expectation of ongoing operation, maintenance, or condition. North St. Paul further assumes full responsibility for the aeration of Silver Lake and for the continuing operation of an aeration system. Except as provided below, this Agreement does not require that North St. Paul operate an aerator in Silver Lake but transfers the current responsibility thereof from Ramsey County to North St. Paul. Ramsey County staff will continue to be available to help with any questions on the aeration system. Ramsey County will still provide water quality monitoring of the lake to include Dissolved Oxygen testing. 4. OPERATION OF SYSTEM: North St. Paul agrees to operate an aeration system in Silver Lake through the winter of 2035-2036. 5. CONTRIBUTION TO NORTH ST PAUL: Beginning July 1, 2025, Maplewood and VBWD each separately agree to contribute $1750 to North St. Paul on or before July 1 of each year as contribution to the electrical consumption of the aeration system of the following winter season. This amount may be adjusted every year after 2027 by agreement of the parties. In adjusting the amount, North St. Paul shall identify the actual costs of electrical consumption of the aeration system over the past two winter operation cycles. The adjusted amount identified above shall be no less than 50% of the average of the costs identified. 6. RESPONSIBILITY FOR MAINTENANCE AND REPLACEMENT: North St. Paul shall be solely responsible for maintenance or replacement of the aeration equipment. Nothing herein shall be interpreted as an obligation of the non- North St. Paul parties to contribute to maintenance or replacement of the equipment. 7.GRANT OF ACCESS TO NORTH ST. PAUL: Maplewood hereby grantsa permit to North St. Paul for the installation, removal, operation, maintenance, utilities, and access of the aeration system in Joy Park and Silver Lake at no cost. Access to the site of installation and connection to utilities necessary to operate the aerator system must be reasonable convenient, direct, and safe. Maplewood agrees to consult with North St. Paul on any development or change to Joy Park that may interfere with the access and operation of the aerator system. The permit shall be valid during the term of this agreement. 8. LIABILITY AND INDEMNIFICATION: As North St. Paul is assuming ownership and operation of the aeration system to be located on Maplewood property, neither Ramsey County, Maplewood, nor VBWD, nor any of its officers, agents, or employees, officially or personally, shall be liable on account of any claim, demand, or cause of action made or brought by reason of any alleged act or omission by any person or entity, whether a party hereto or not, in the use, operation, installation, removal, maintenance, repair, or presence of an aeration system in Silver Lake or Joy Park, or by reason of any loss of life, or any injury or damage to persons or property, whether avoidable or not, that may be alleged to be due to the use or operation of the aeration system. It is the intent of the parties that no risk or liability is or shall be incurred by Ramsey County or VBWD, or its 2 224598v1 Council Packet Page Number 257 of 431 G8, Attachment 1 PW2022-16 officers, agents, or employees, by this Agreement, and that all such risk and liability shall be assumed by North St. Paul. It is the intent that Maplewood shall retain responsibility for risk or liability related to the ownership of the property on which the aeration system is installed and operated, but shall not incur any additional risk due to the use or operation of the aeration system. North St. Paul shall indemnify, defend, and hold harmless Ramsey County, Maplewood, and VBWD from any and all liability arising out of the use, operation, installation, removal, maintenance, repair, or presence of the aeration system. Nothing in this Agreement shall constitute a waiver by Ramsey County, North St. Paul, Maplewood, or VBWD of any statutory or common law immunities, limits, or exceptions on liability. Any damages assessed for a claim under this agreement shall be limited to the statutory limit applicable to one party and without stacking claims. 9. ELECTRONIC SIGNATURES: The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties further agree that any document (including this Agreement and any attachments or exhibits to this Agreement) containing, or to which there is affixed, an electronic signature shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. For purposes hereof, “electronic signature” also means a manually signed original signature that is then transmitted by any electronic means, including without limitation a faxed version of an original signature or an electronically scanned and transmitted version (e.g., via PDF) of an original signature. Any party’s failure to produce the original signature of any electronically transmitted signature shall not affect the enforceability of this Agreement. 10. TERM: This Agreement shall remain in full force and effect until terminated as provided herein. Written notice of termination of the Agreement by any party must be provided to all other parties by July 1 of the years 2023 through 2035. However, the termination shall not be effective for one year, terminating the Agreement on the following July 1. 3 224598v1 Council Packet Page Number 258 of 431 G8, Attachment 1 PW2022-16 CITY OF NORTH SAINT PAUL, MINNESOTA By: _______________________________ Date:_______________________ Mayor By: _______________________________ Date:_______________________ City Manager Approved as to Form: By: _______________________________ City Attorney 4 224598v1 Council Packet Page Number 259 of 431 G8, Attachment 1 PW2022-16 CITY OF MAPLEWOOD, MINNESOTA By: _______________________________ Date:_______________________ Mayor By: _______________________________ Date:_______________________ City Manager Approved as to Form: By: _______________________________ City Attorney 5 224598v1 Council Packet Page Number 260 of 431 G8, Attachment 1 PW2022-16 RAMSEY COUNTY, MINNESOTA _________________________________ Date: ____________________________ Ryan T. O’Connor, County Manager Approval recommended: _________________________________ Brian Isaacson, Director Public Works Department Approved as to form: _________________________________ James A Mogen, Assistant County Attorney 6 224598v1 Council Packet Page Number 261 of 431 G8, Attachment 1 PW2022-16 VALLEY BRANCH WATERSHED DISTRICT, MINNESOTA By: _______________________________ Date:_______________________ President By: _______________________________ Date:_______________________ Secretary Approved as to Form: By: _______________________________ Valley Branch Watershed DistrictAttorney 7 224598v1 Council Packet Page Number 262 of 431 G9 CITY COUNCILSTAFF REPORT Meeting Date February 13, 2023 REPORT TO: Melinda Coleman REPORT FROM: Steven Love, Director of Public Works / City Engineer Scott Schultz, Utility/Fleet Superintendent PRESENTER:StevenLove AGENDA ITEM: Purchase of a Single Axle Plow Truck Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City of Maplewood’s proposed 2023–2027 Capital Improvement Plan (CIP) identifies the replacement of a single axle plow truck in 2023. City Council approval is needed to move forward with this purchase. Recommended Action: Motion to approve the purchase of a single axle plow truck and direct the Mayor and City Manager to enter into a contract with Nuss Truck and Equipment for the purchase under MN State Contract #T647(5) in the amount of $130,557.41 and a contract with Towmaster Truck Equipment under MN State Contract #222949 in the amount of $184,934.00. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $315,491.41 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The proposed 2023 - 2027 CIP identifies $252,000.00 for the replacement of the old unit. The cost for this purchase less the estimated auction value for the old unit ($25,000.00) is $290,491.41. This is $38,491.41 more than the proposed CIP amount of $252,000.00. The increase is due the increase in cost of materials and equipment. For context on how much this has affected purchase costs, the same plow truck purchased by the City in 2021 was roughly $78,000 less than today’s cost. This is the first CIP equipment purchase of 2023. Staff will be prioritizing future purchased in 2023 to ensure the overall purchases does not exceed the available funding in the City’s fleet fund. The Finance Director has reviewed the fleet fund balance and there are sufficient funds to move forward with this purchase. Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The new replacement truck will increase work efficiencies and better serve the current and future needs of the Public Works department. Council Packet Page Number 263 of 431 G9 Background The current 2006model single axle truck is in need ofreplacement. This unit is one of eight single axle trucks in the fleet. This truck is an integral piece of equipment in the fleet for the Street Maintenance Division and is utilized year round. In the summer months the truck is used for patching and paving streets. In the winter months it is used for treating and plowing City streets as part of our winter maintenance activities. The old unit will be sold at auction in order to maximize its trade in value. The following is a summary of the costs for the truck replacement: 1.Nuss Truck and Equipment 2024 Mack Granite 42BR SA Chassis$130,557.41 2.Towmaster Truck Equipment 2023 Dump Body and Equipment$184,934.00 Total Cost = $315,491.41 Attachments 1.Quote/Specs from Nuss Truck and Equipment 2.Quote/Specs from Towmaster Truck Equipment Council Packet Page Number 264 of 431 G9, Attachment 1 Council Packet Page Number 265 of 431 G9, Attachment 1 Council Packet Page Number 266 of 431 G9, Attachment 1 Council Packet Page Number 267 of 431 G9, Attachment 1 Council Packet Page Number 268 of 431 G9, Attachment 2 Council Packet Page Number 269 of 431 G9, Attachment 2 Council Packet Page Number 270 of 431 G9, Attachment 2 Council Packet Page Number 271 of 431 G9, Attachment 2 Council Packet Page Number 272 of 431 G9, Attachment 2 Council Packet Page Number 273 of 431 G9, Attachment 2 Council Packet Page Number 274 of 431 G9, Attachment 2 Council Packet Page Number 275 of 431 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 276 of 431 J1 CITY COUNCIL STAFF REPORT Meeting Date February 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: On-Sale Club and Sunday Sales License for Maplewood Moose Lodge #963 dba Maplewood Moose Lodge, 1832 Gervais Court Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: In accordance with City Code Chapter 6 (Alcoholic Beverages), an application was submitted by Gary Lenart for an On-Sale Club and Sunday Sales License to be used at Maplewood Moose Lodge #963 dba Maplewood Moose Lodge at their new location of 1832 Gervais Court. Recommended Action: Motion to approve the On-Sale Club and Sunday Sales License for Maplewood Moose Lodge #963 dba Maplewood Moose Lodge, 1832 Gervais Court. 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: NA Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Council approval is required prior to issuance of an On-Sale Club and Sunday Sales licenses, per City Code Sec. 6-191 and Sec. 6-163, respectively. Background: The Maplewood Moose Lodge is a non-profit organization that unites its members in bonds of fraternity and charity, through social and recreation activities. It has been in existence since 1888 and has been registered with the State of Minnesota since 1964. The Maplewood Moose Lodge previously held a Maplewood On-Sale Club and Sunday Sales License at their former location, 1946 English Street N. into 2019. They have moved into a new building and will be re-opening in this new facility, located at 1832 Gervais Court E. Council Packet Page Number 277 of 431 J1 For the purposes of the license application, a background investigation was conducted on Mr. Gary Lenart and 8 additional board members. Mr. Lenart will be meeting with a representative of the police department to discuss measures to eliminate the sale of alcohol to underage persons, general security and the city ordinances pertaining to the service of alcohol. In addition to Council approval, issuance of the license is contingent upon completion of all building, fire, and health inspections. Attachments: None Council Packet Page Number 278 of 431 J2 CITY COUNCILSTAFF REPORT Meeting Date February 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love AGENDA ITEM: Resolution Accepting Feasibility Study, Authorizing Preparation of Plans & Specifications, and Calling for a Public Hearing for Myrtle-Sterling Area Street Improvements, City Project 22-16 Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City of Maplewood Engineering Department prepares a feasibility report prior to project design for municipal public improvement projects in accordance with State Statute 429. The report is an essential element in the public improvement process, as it provides detailed information on the existing site conditions, the proposed improvements, resident input, special assessments, project costs, project financing, a tentative schedule, and recommendations on the feasibility of the improvements. Accepting the feasibility report and ordering the public hearing is one of the first steps in the public improvement process. Recommended Action: Motion to approve a Resolution Accepting the Feasibility Report, Authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing at 7:00 p.m. on February 27, 2023 for the Myrtle-Sterling Area Street Improvements, City Project 22-16. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $5,391,700 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, and the W.A.C. Fund. Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Council Packet Page Number 279 of 431 J2 The Myrtle-Sterling neighborhood streets represent an important part of the City’s infrastructure, serving as a connection to local properties and the Justice Alan Page Elementary School. The City streets and utilities included in the project have deteriorated beyond the point of regular annual maintenance and are in need of replacement. Background The Feasibility Study for the Myrtle-Sterling Area Street Improvements, City Project 22-16, is complete and available in the office of the City Engineer. A copy of the Feasibility Report has been included as an attachment to this report. The study includes information on the existing site conditions, proposed improvements, anticipated schedule, costs, financing and recommendations. The City streets included in the Myrtle-Sterling project total approximately 1.50 miles in lengthand has an average Pavement Condition Index (PCI) rating of 35/100. The PCI rating is based on a visual survey of the pavement and is a number between 0 and 100, with 0 being the worst possible pavement condition and 100 being the best possible pavement condition (i.e. a new road). The project area is generally bounded by Holloway Avenue to the north, McKnight Road to the west, Montana Avenue to the south, and Century Avenue to the east. This project is a part of the 2023 – 2027 Maplewood Capital Improvement Plan (CIP). Should the project be approved, construction would begin in June of 2023. The existing street pavement and aging utility infrastructure on the project streets present an ongoing maintenance problem for the City of Maplewood Street and Utility Departments. Of the infrastructure elements the City maintains, the bulk of the maintenance activities consist of patching the roadway, crack sealing, filling potholes, and maintaining the aging utility infrastructure. 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 following improvements: Pavement rehabilitation of the following streets to include full depth reclamation (FDR) of existing pavement and underlying aggregate base, full replacement of the existing bituminous pavement, spot replacement of concrete curb and gutter and subgrade corrections as necessary. o Idaho Avenue (west of Sterling Street) o Kingston Avenue o Knoll Circle o Lakewood Drive (south of Ripley Avenue) o Mary Street o Myrtle Street (south of Ripley Avenue) o Ripley Avenue Full reconstruction of the following streets which includes the removal of existing pavement and underlying aggregate base, extensive soil subgrade corrections, major utility improvements, water quality improvements and construction of new concrete curb and gutter. o Idaho Avenue (east of Sterling Street) o Lakewood Drive (north of Ripley Avenue) o Myrtle Street (north of Ripley Avenue) o Sterling Street (South of Larpenteur Avenue) Saw & seal of control joints for the new bituminous pavement. Council Packet Page Number 280 of 431 J2 Removal and replacement of outdated pedestrian features on project streets and the installation of a new sidewalk on the east side of Lakewood Drive from Holloway Avenue to Ripley Avenue. Replacement of outdated sanitary and storm sewer castings and structures. Addition of new storm sewer systems on select streets. Restoration of driveways along with turf and landscape features impacted by the project. Fog seal of past project neighborhood streets. In 2022, the City of Maplewood Sanitary Sewer Department performed televising and manhole inspections of the sewer system within the project streets. Based on the results of the reports, staff are recommending some minor repairs to the existing system. Saint Paul Regional Water Services (SPRWS) has identified approximately 2,000-feet of cast iron water main which needs to be removed and replaced as a part of the project. The water main work would be done under the project contract, the costs associated with this work would be reimbursed to the City by SPRWS. Some project streets lack an adequate storm sewer system, while others have an effective system currently in place. Depending on the project street, installation of new storm sewer piping and structures may be needed or repairs to the existing system may be needed. On streets with new storm sewer systems proposed, water quality and rate control improvements will be implemented where possible. Neighborhood Correspondence On August 8, 2022, the Maplewood City Council ordered the preparation of a feasibility study for the Myrtle-Sterling Area Street Improvement project. On August 9, 2022, a letter was mailed to the residents to provide information on the Council’s action and to notify them about preliminary engineering activities would begin during the fall of 2022. Staff mailed informational packets to impacted residents on November 30, 2022. The packet informs project residents about a number of topics including street construction frequently asked questions (FAQ), an informational assessment handout, and an invite to neighborhood meeting #1. The first informational neighborhood meeting was held virtually on December 5, 2022. Staff mailed out the invitation to 148 property owners affected by the construction project with approximately 16 attending the meeting. The meeting included a presentation followed by a question and answer session. Items discussed at this meeting included the public improvement process, construction process, existing conditions, proposed improvements, assessment information, and an estimated project timeline. The majority of the conversation revolved around property access during construction, current pavement conditions, the general construction process, proposed improvements, drainage concerns, sidewalks, speeding concerns, roadway widths and assessments. The majority of residents in attendance were generally in favor of the project. Following the meeting, staff posted the meeting minutes and the presentation slide deck on the project website for residents to view. Council Packet Page Number 281 of 431 J2 Following the first neighborhood meeting, Staff reviewed the City’s Comprehensive Plan, Parks Master Plan, and Living Streets Policy to see what additional guidance these documents could provide for sidewalks and trails in the project area. Staff have mapped the location of existing sidewalks and trails in the region along with those being proposed for the future. After considering all of this information, along with the feedback heard from residents, staff is recommending a new sidewalk along the east side of Lakewood Drive from Holloway Avenue to Ripley Avenue. Staff, along with our consulting partners at Bolton & Menk Inc., have created an easy to use online mapping tool for residents to provide direct input on the project. On December 29, 2022, residents were mailed an informational letter on how to access and use the InputID tool, which is located on the project website. The system is ‘social-media like’, with the ability to add comments on the map and the ability to like or dislike comments. Staff have received many questions and comments about the project on this online tool and have received good feedback from area residents. Additional neighborhood meetings and stakeholder correspondence are planned throughout the public improvement process to continue conversations with area residents and to ensure that everyone affected by the potential project is well informed and has had multiple chances to provide input. The second neighborhood meeting is scheduled for February 10, 2023, providing an opportunity for residents to hear about the latest project developments and to have their questions answered prior to the public hearing. Assessments An independent appraisal firm has been hired to provide an opinion of special benefit received by properties within the neighborhood project area. This information will ultimately be utilized to determine the special benefit assessment amounts for the project area. The rates established in the City’s Special Assessment Policy were utilized at this time to generate a preliminary assessment roll. Based on the City of Maplewood’s Pavement Management Policy, parcels are assessed on an equal “unit” basis. However, per Minnesota State Statute 429, the assessment amount cannot be greater than the benefit received by the property from the type(s) improvement. Ultimately the special benefit appraisal report will determine the final assessment amounts for the properties proposed to be assessed as a part of the project. For the purposes of this report and establishing a project financing plan, the preliminary assessment rate(s) are as follows. Residential Single Unit, Pavement Rehabilitation Rate = $3,450.00/unit Commercial Unit, Pavement Rehabilitation Rate = $69.00/front-foot Residential Single Unit, Full Reconstruction = $6,600.00/unit Commercial Unit, Full Reconstruction = $132.00/front-foot The assessment hearing is currently proposed to be held September of 2023. Council Packet Page Number 282 of 431 J2 Estimated Project Cost The total estimated project cost is $5,391,700 and is outlined below: Estimated Project Cost Summary Proposed ImprovementsTotal Amount % of Total Street Improvements$2,966,600 55% Drainage Improvements $1,287,100 24% Sanitary Sewer Improvements$70,7001% Water System Improvements$1,067,30020% Total Estimated Project Cost: $5,391,700 100% The estimated costs include 10% contingencies and 12% overhead, which include geotechnical, legal, and fiscal expenses. 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 financing plan will be provided after the special benefits appraisal is received. Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (G.O.) Improvement Bonds $2,142,100 40% Environmental Utility Fund $1,287,100 24% Sanitary Sewer Fund $70,700 1.5% Water Area Fund $25,600 0.5% St. Paul Regional Water Services (SPRWS) $1,041,700 19% Special Benefit Assessments $824,500 15% Total Estimated Project Funding: $5,391,700 100% It is necessary to note that the total estimated project cost and funding for this project are significantly higher than the currently approved Capital Improvement Plan ($4,130,000) due to price escalations in the current market and significant increase in the amount of water main replacement work needed for this project. The increased project cost due to the proposed water main replacement will be reimbursed back to the City from SPRWS. Additionally, the City’s other 2023 Improvement project, the Woodlynn-Southlawn Area Improvements, is estimated to be significantly under the currently approved CIP. When looking at the combined estimated costs for the two projects, the total funding plan is slightly less than the currently approved CIP. The estimated project costs and the preliminary project funding plan have been reviewed by the Finance Director. Council Packet Page Number 283 of 431 J2 Project Schedule The following is a tentative schedule for City Project 22-16 should it be determined to proceed with the project: Project MilestoneDate Order Preparation of Feasibility Study 8/8/2022 Neighborhood Meeting #112/5/2022 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/13/2023 Plans & Specifications Neighborhood Meeting #22/10/2023 Public Hearing & Order Improvement2/27/2023 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/13/2023 Authorize Preparation of Assessment Roll Bid Opening4/12/2023 Award Contract 4/24/2023 Neighborhood Meeting #35/18/2023 Begin Construction June 2023 Accept Assessment Roll & Order Assessment Hearings 8/14/2023 Neighborhood Meeting #49/6/2023 Assessment Hearing and Adopt Assessment Roll9/11/2023 Complete Construction November 2023 Assessments Certified to Ramsey County November 2023 Attachments 1. Resolution Accepting Feasibility Study 2. Project Location Map 3. Feasibility Report 4. Presentation Slides Council Packet Page Number 284 of 431 J2, Attachment 1 RESOLUTION ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING th WHEREAS, pursuant to a resolution of the council adopted August 8, 2022, a report hasbeen prepared by the City Engineering Division with reference to the improvement of the Myrtle-Sterling Area Street Improvements, City Project 22-16, and this report was received by the council on February th 13, 2023. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City Council will consider the Myrtle-Sterling Area Street Improvements, City Project 22-16 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total project cost of $5,391,700. 2. The City Engineer or his designee is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The Finance Director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $5,391,700 shall be established. The proposed financing plan is as follows: Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (G.O.) Improvement Bonds$2,142,10040% Environmental Utility Fund$1,287,10024% Sanitary Sewer Fund $70,7001.5% Water Area Fund $25,6000.5% St. Paul Regional Water Services (SPRWS)$1,041,70019% Special Benefit Assessments $824,50015% Total Estimated Project Funding:$5,391,700100% th 4. A public hearing shall be held on such proposed improvement on the 27day of February, 2023 at 7:00 PM. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. th Approved this 13day of February, 2023 Council Packet Page Number 285 of 431 J2, Attachment 2 Council Packet Page Number 286 of 431 J2, Attachment 3 Feasibility Report Myrtle-SterlingArea Street Improvements City Project,22-16 Idaho Avenue, Kingston Avenue, Knoll Circle, Lakewood Drive, Mary Street, Myrtle Street, Ripley Avenue, Sterling Street I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Signature: ____________________________ Jonathon E. Jarosch, P.E. 2/6/2023 Date: _______________________ License No. 49105 Document Prepared by: Tyler M. Strong, E.I.T. CityofMaplewood Public Works DepartmentOffice 651-249-2400 1902County Road B EastFax651-249-2409 Maplewood, MN 55109www.maplewoodmn.gov i Council Packet Page Number 287 of 431 J2, Attachment 3 TABLE OF CONTENTS Table of Contents ............................................................................................................................ ii EXECUTIVE SUMMARY ............................................................................................................... iv Project Summary........................................................................................................................ iv Project Cost ............................................................................................................................... v Proposed Financing ................................................................................................................... v Schedule .................................................................................................................................... vi 1.0 INTRODUCTION ..................................................................................................................... 1 1.1 General ................................................................................................................................ 1 1.2 Property Owner Correspondence ........................................................................................ 1 1.3 Property Owner Concerns.................................................................................................... 2 1.31 Sidewalks ....................................................................................................................... 2 1.32 Drainage ......................................................................................................................... 2 1.33 Street Layout Concerns ................................................................................................. 2 2.0 EXISTING CONDITIONS ......................................................................................................... 2 2.1 Street History ....................................................................................................................... 2 2.2 Pavement Condition ............................................................................................................. 3 2.3 Geotechnical Summary ...................................................................................................... 13 2.31 Soil Conditions ............................................................................................................. 13 2.32 Existing Pavement ....................................................................................................... 13 2.33 Geotechnical Conclusions ............................................................................................ 14 2.4 Existing Curb ...................................................................................................................... 14 2.5 Existing Utilities .................................................................................................................. 15 2.51 Sanitary Sewer ............................................................................................................. 15 2.52 Water Main ................................................................................................................... 15 2.53 Storm Sewer and Drainage .......................................................................................... 16 3.0 PROPOSED IMPROVEMENTS ............................................................................................ 16 3.1 Living Streets Î Street Widths, Sidewalks, and Geometrics .............................................. 16 3.2 Street Reconstruction Means & Methods ........................................................................... 17 3.21 Pavement Rehabilitation .............................................................................................. 17 3.22 Full Reconstruction ...................................................................................................... 17 3.3 Concrete Curb and Gutter .................................................................................................. 18 City of Maplewood Public Works Department Office 651-249-2400 1902 County Road B East Fax 651-249-2409 Maplewood, MN 55109 www.maplewoodmn.gov ii Council Packet Page Number 288 of 431 J2, Attachment 3 3.31 Spot Replacement ........................................................................................................ 18 3.32 New Curb Installations ................................................................................................. 18 3.4 Pedestrian Improvements .................................................................................................. 19 3.41 Sidewalks ..................................................................................................................... 19 3.42 Pedestrian Ramps & Crossings ................................................................................... 19 3.5 Storm Water ....................................................................................................................... 19 3.51 New Storm Sewer System ........................................................................................... 19 3.52 Existing System Repairs .............................................................................................. 19 3.6 Water Main ......................................................................................................................... 20 3.61 St. Paul Regional Water Services (SPRWS) ............................................................... 20 3.62 City of North St. Paul (NSP) ......................................................................................... 20 3.7 Sanitary Sewer ................................................................................................................... 20 3.8 Lighting .............................................................................................................................. 20 3.9 Additional Project Improvements ....................................................................................... 20 3.91 Neighborhood Fog Seal ............................................................................................... 20 4.0 MISCELLANEOUS PRIVATE UTILITIES .............................................................................. 21 5.0 EROSION CONTROL ............................................................................................................ 21 6.0 TRAFFIC CONTROL ............................................................................................................. 21 7.0 PROJECT COST ................................................................................................................... 21 8.0 COST RECOVERY ................................................................................................................ 22 9.0 PROJECT SCHEDULE .......................................................................................................... 23 10.0 CONCLUSIONS AND RECOMMENDATION ...................................................................... 23 APPENDIX A ............................................................................................................................... 24 Exhibit 1 Î Project Location Map Exhibit 2 Î Sidewalk Location Map Exhibit 3 Î Geotechnical Report Exhibit 4 Î Subwatershed Boundary Exhibit 5 Î Living Streets Streetscapes Exhibit 6 Î Improvement Type Map Exhibit 7 Î B618 Standard Curb & Gutter Plate Exhibit 8 Î Cost Estimate Exhibit 9 Î Preliminary Assessment Roll Exhibit 10 Î Preliminary Assessment Map City of Maplewood Public Works Department Office 651-249-2400 1902 County Road B East Fax 651-249-2409 Maplewood, MN 55109 www.maplewoodmn.gov iii Council Packet Page Number 289 of 431 J2, Attachment 3 Myrtle-Sterling Area Street Improvements City Project, 22-16 EXECUTIVE SUMMARY Idaho Avenue, Kingston Avenue, Knoll Circle, Lakewood Drive, Mary Street, Myrtle Street, Ripley Avenue, Sterling Street Project Summary This feasibility report has been prepared for the Myrtle-Sterling Area Street Improvements, City of Maplewood Project 22-16. The above referenced streets total approximately 1.50 miles in length. The project area, as depicted in Exhibit 1, is bounded by Holloway Avenue to the north, McKnight Road to the west, Montana Avenue to the south, and Century Avenue to the east. This project is a part of the 2023 Î 2027 Maplewood Capital Improvement Plan (CIP). After review and approval from City Council, construction would begin in June of 2023. The proposed improvements include the following: Pavement rehabilitation of the following streets to include; full depth reclamation (FDR) of existing pavement and underlying aggregate base, full replacement of the existing bituminous pavement, spot replacement of concrete curb and gutter and subgrade corrections as necessary. o Idaho Avenue (west of Sterling Street) o Kingston Avenue o Knoll Circle o Lakewood Drive (south of Ripley Avenue) o Mary Street o Myrtle Street (south of Ripley Avenue) o Ripley Avenue Full reconstruction of the following streets to include; removal of existing pavement and underlying aggregate base, extensive soil subgrade corrections, major utility improvements, water quality improvements and construction of new concrete curb and gutter. o Idaho Avenue (east of Sterling Street) o Lakewood Drive (north of Ripley Avenue) o Myrtle Street (north of Ripley Avenue) o Sterling Street (South of Larpenteur Avenue) Saw & seal of control joints for the new bituminous pavement. Removal and replacement of outdated pedestrian features on project streets and the installation of a new sidewalk on the east side of Lakewood Drive. City of Maplewood Public Works Department Office 651-249-2400 1902 County Road B East Fax 651-249-2409 Maplewood, MN 55109 www.maplewoodmn.gov Council Packet Page Number 290 of 431 iv J2, Attachment 3 Replacement of outdated sanitary and storm sewer castings and structures. Addition of new storm sewer systems on select streets. Restoration of driveways, turf and landscape features impacted by the project. Fog seal of past project neighborhood. Project Cost The estimated costs include a 10% construction contingency and a 12% allowance for geotechnical, legal, and fiscal expenses. Estimated Project Cost Summary Proposed Improvements Total Amount % of Total Street Improvements $2,966,600 55% Drainage Improvements $1,287,100 24% Sanitary Sewer Improvements $70,700 1% Water System Improvements $1,067,300 20% Total Estimated Project Cost: $5,391,700 100% Proposed Financing The improvements are proposed to be financed through General Obligation (GO) Bonds, the Environmental Utility Fund, Sanitary Sewer Fund, Water Area Fund, St. Paul Region Water Services (SPRWS) and Assessments to the benefitting properties. Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (G.O.) Improvement Bonds $2,142,100 40% Environmental Utility Fund $1,287,100 24% Sanitary Sewer Fund $70,700 1.5% Water Area Fund $25,600 0.5% St. Paul Regional Water Services (SPRWS) $1,041,700 19% Special Benefit Assessments $824,500 15% Total Estimated Project Funding: $5,391,700 100% City of Maplewood Public Works Department Office 651-249-2400 1902 County Road B East Fax 651-249-2409 Maplewood, MN 55109 www.maplewoodmn.gov Council Packet Page Number 291 of 431 v J2, Attachment 3 Schedule The following is a tentative schedule for City project 22-16. Project Milestone Date Order Preparation of Feasibility Study 8/8/2022 Neighborhood Meeting #1 12/5/22 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/13/23 Plans & Specifications Neighborhood Meeting #2 2/10/23 Public Hearing & Order Improvement 2/27/2023 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/13/2023 Authorize Preparation of Assessment Roll Bid Opening 4/12/2023 Award Contract 4/24/2023 Neighborhood Meeting #3 5/18/2023 Begin Construction June 2023 Accept Assessment Roll & Order Assessment Hearings 8/14/2023 Neighborhood Meeting #4 9/6/2023 Assessment Hearing and Adopt Assessment Roll 9/11/2023 Complete Construction November 2023 Assessments Certified to Ramsey County November 2023 City of Maplewood Public Works Department Office 651-249-2400 1902 County Road B East Fax 651-249-2409 Maplewood, MN 55109 www.maplewoodmn.gov Council Packet Page Number 292 of 431 vi J2, Attachment 3 Feasibility Report Myrtle-Sterling Area Street Improvements City Project, 22-16 Idaho Avenue, Kingston Avenue, Knoll Circle, Lakewood Drive, Mary Street, Myrtle Street, Ripley Avenue, Sterling Street 1.0 INTRODUCTION 1.1 General On August 8, 2022, the Maplewood City Council ordered the preparation of a feasibility study for the Myrtle-Sterling Area Street Improvement project. The project area includes the streets shown in Exhibit 1. The project streets are bounded by; Holloway Avenue to the north, McKnight Road to the west, Montana Avenue to the south, and Century Avenue to the east. These streets are part of the CityÓs 2023 Î 2027 Maplewood Capital Improvement Plan (CIP). After review and approval from City Council, construction would begin in June of 2023. The existing street pavement and aging utility infrastructure on the project streets present an ongoing maintenance problem for the City of Maplewood Street and Utility Departments. Of the infrastructure elements the city maintains, the bulk of the maintenance activities consist of patching the roadway, crack sealing, filling potholes, and maintaining the aging utility infrastructure. 1.2 Property Owner Correspondence On August 8, 2022, the Maplewood City Council ordered the preparation of a feasibility study for the Myrtle-Sterling Area Street Improvement project. On August 9, 2022, a letter was mailed to the residents to provide information on the councilÓs action and to notify them about preliminary engineering activities would begin during the fall of 2022. Staff mailed informational packets to impacted residents on November 30, 2022. The packet informs project residents about a number of topics including; street construction frequently asked questions (FAQ), informational assessment handout and neighborhood meeting invite #1. The first informational neighborhood meeting was held virtually on December 5, 2022. Staff mailed out the invitation to 148 property owners affected by the construction project with approximately 16 attending the meeting. The meeting included a presentation followed by a question and answer session. Items discussed at this meeting included the public improvement process, construction process, existing conditions, proposed improvements, assessment information, and an estimated project timeline. The majority of the conversation revolved around property access during construction, current pavement conditions, general construction process, proposed improvements, drainage concerns, sidewalks, speeding concerns, roadway widths and assessments. The majority of residents in attendance were generally in favor of the project. Following the meeting, staff posted the meeting minutes and the presentation slide deck on the project website for residents to view. Following the first neighborhood meeting, Staff reviewed the CityÓs Comprehensive Plan, Parks Master Plan, and Living Streets Policy to see what additional guidance these documents could provide for sidewalks and trails in the project area. Staff have mapped the location of existing sidewalks and trails in the region along with those being proposed for the future. After considering all of this information, along with the feedback heard from residents, staff have created a preliminary sidewalk layout map shown in Exhibit 2. 1 Council Packet Page Number 293 of 431 J2, Attachment 3 Staff along with partners at Bolton & Menk Inc. have created an easy to use online mapping tool for residents to provide direct input on the project. On December 29, 2022, residents were mailed an informational letter on how to access and use the InputID tool, which is located on the project website. The system is Òsocial-media likeÓ, with the ability to add comments on the map and the ability to like or dislike comments. Staff have received many questions and comments about the project on this online tool and have received good feedback from area residents. Additional neighborhood meetings and stakeholder correspondence are planned throughout the public improvement process to continue conversations with area residents and to ensure that everyone affected by the potential project is well informed and has had multiple chances to provide th input. The second neighborhood meeting is scheduled for February 10, providing an opportunity for residents to hear about the latest project developments and to have their questions answered prior to the public hearing. 1.3 Property Owner Concerns 1.31 Sidewalks A few comments were received from residents about the addition of sidewalks on project streets and how we determine if they are needed. Maplewood staff have reviewed these requests along with the CityÓs Comprehensive Plan and Living Streets Policy. The policy calls for a sidewalk on Lakewood Drive due to the proximity to the newly constructed Justice Alan Page School. Sidewalks were not requested, nor suggested by our guiding documents, on the remaining project streets. 1.32 Drainage Staff received drainage concerns at Neighborhood Meeting #1 as well as through the InputID web tool. Staff will address these where possible as part of the project design. 1.33 Street Layout Concerns Staff received some comments at Neighborhood Meeting #1 as well as through the InputID web tool in regards to the steepness of Myrtle Street at the intersection with Holloway Avenue. According to the residents, the steepness of Myrtle Street as it comes down to Holloway Avenue makes it difficult to navigate in the winter when the road is icy. Staff will try to improve this condition as part of the design process. 2.0 EXISTING CONDITIONS 2.1 Street History The project streets were constructed in the 1960Ós, 1970Ós and 1980Ós as water and sewer was extended to the area to service properties. After the 1980Ós, a few smaller rehabilitation projects were conducted in the area focused on maintaining street pavement, replacing failing utilities and adding new utilities to facilitate development in the area. The streets included in the Myrtle-Sterling Area Street Improvement project are classified as local streets. Local streets provide conveyance for vehicle traffic between local properties and collector streets nearby such as McKnight Road, Holloway Avenue and Larpenteur Avenue The majority of the project streets carry traffic volumes less than 1,000 vehicles per day, with Lakewood Drive north of Ripley Avenue being an exception due to the school. Lakewood Drive provides access to the Alan Page School bus parking lot. All streets are signed 30 MPH. Widths of existing streets vary slightly and are somewhat irregular with respect to their lengths. 2 Council Packet Page Number 294 of 431 J2, Attachment 3 Table A summarizes the average widths of all existing streets within the scope of this study. The averages are based on new topographic data taken in 2022 and measurements along each street length. Where concrete curb and gutter is present, widths are measured from toe-of-curb to toe-of- curb. Where concrete curb and gutter is not present, widths are measured from the edges of the existing asphalt pavement. Table A: Existing Street Widths Myrtle-Sterling Area Street Improvements Street From/To Average Width (ft.) Idaho Avenue Mary Street/Dead End 30 Kingston Avenue Myrtle Street/Cul-de-sac 26 Knoll Circle Sterling Street/Cul-de-sac 29 Lakewood Drive Holloway Avenue/Ripley Avenue 32 Lakewood Drive Ripley Avenue/Cul-de-sac 26 Mary Street Idaho Avenue/Cul-de-sac 30 Myrtle Street Holloway Avenue/Ripley Avenue 32 Myrtle Street Ripley Avenue/Cul-de-sac 26 Ripley Avenue Myrtle Street/Lakewood Drive 26 Sterling Street Larpenteur Avenue/300Ó north of Montana 33 2.2 Pavement Condition The streets associated with this project have a combined length of approximately 1.60 miles. The Pavement Condition Index (PCI) method was used to determine the condition of the project street pavement. The PCI method of rating pavement is based on a visual survey of the pavement and is a number between 0 and 100 indicating the condition of a roadway, with zero being the worst possible pavement condition and 100 being the best possible condition (i.e. a new road). The PCI method was developed by the United States Army Corps of Engineers and is widely used in asset management and transportation civil engineering. It is the CityÓs general goal to have 75-percent of local streets at a rating of 70 or above. According to the pavement condition survey, the project streets have a weighted average PCI rating of 35. A summary of the street segments and their corresponding PCI ratings are shown in Table B. Table B: Pavement Condition Index (PCI) Myrtle-Sterling Area Street Improvements Street From/To Feet 2022 PCI Idaho Avenue Mary Street/Sterling Street 329 60 Idaho Avenue Sterling Street/Dead end 540 8 Kingston Avenue Myrtle Street/Cul-de-sac 578 43 Knoll Circle Sterling Street/Cul-de-sac 326 48 Lakewood Drive Holloway Avenue/Ripley Avenue 1318 31 Lakewood Drive Ripley Avenue/Cul-de-sac 857 41 Mary Street Idaho Avenue/Cul-de-sac 540 55 Myrtle Street Holloway Avenue/Ripley Avenue 1318 31 Myrtle Street Ripley Avenue/Kingston Avenue 229 22 Myrtle Street Kingston Avenue/Cul-de-sac 421 44 Ripley Avenue Myrtle Street/Lakewood Drive 354 18 3 Council Packet Page Number 295 of 431 J2, Attachment 3 Sterling Street Idaho Avenue/Larpenteur Avenue 661 42 Sterling Street Idaho Avenue/300-Feet north of Montana 527 27 Total Length (Miles) = 1.50 Weighted Average 2022 PCI = 35 The existing streets have failures including, but not limited to, transverse and edge cracking, medium to high severity patching, fatigue (alligator) cracking, severe block cracking, and potholes. A number of areas within the street section have water pooling in them as well. These puddles undergo freeze thaw cycles in the winter, which deteriorates the pavement at a faster rate. Figures 1 - 7 on the following pages display pictures of the level of pavement deterioration on these streets. The pictures provide an accurate representation of the current state of pavement disrepair. 4 Council Packet Page Number 296 of 431 J2, Attachment 3 Idaho Avenue FIGURE 1: Pavement Condition ofthe Myrtle-Sterling Area Streets 5 Council Packet Page Number 297 of 431 J2, Attachment 3 Kingston Avenue FIGURE 2: Pavement Condition ofthe Myrtle-Sterling Area Streets 6 Council Packet Page Number 298 of 431 J2, Attachment 3 Knoll Circle FIGURE 3: Pavement Condition ofthe Myrtle-Sterling Area Streets 7 Council Packet Page Number 299 of 431 J2, Attachment 3 Lakewood Drive FIGURE 4: Pavement Condition ofthe Myrtle-Sterling Area Streets 8 Council Packet Page Number 300 of 431 J2, Attachment 3 Mary Street FIGURE 5: Pavement Condition ofthe Myrtle-Sterling Area Streets 9 Council Packet Page Number 301 of 431 J2, Attachment 3 Myrtle Street FIGURE 6: Pavement Condition ofthe Myrtle-Sterling Area Streets 10 Council Packet Page Number 302 of 431 J2, Attachment 3 Ripley Avenue FIGURE 7: Pavement Condition ofthe Myrtle-Sterling AreaStreets 11 Council Packet Page Number 303 of 431 J2, Attachment 3 Sterling Street FIGURE 7: Pavement Condition ofthe Myrtle-Sterling Area Streets 12 Council Packet Page Number 304 of 431 J2, Attachment 3 2.3 Geotechnical Summary Braun Intertec Corporation was hired to prepare a geotechnical investigation report for the purposes of designing and constructing the roadway project. Exhibit 3 contains the pavement core summary from the geotechnical investigation report. 2.31 Soil Conditions The streets in the project area were originally constructed in the 1960Ós, 1970Ós and 1980Ós as land was being developed in the area. Based on the soil boring results, fill material was transported to the site to build the roadway sub-base. The fill material varied in soil type and layer thickness. In general, the material consisted of sand (SP), silty sand (SM) and clayey sand/sandy clay (SC). The fill material varied in total layer thickness from just 6-inches to 9-feet below the aggregate base layer. These materials are generally suitable subgrade materials for pavement support when accompanied with a suitable aggregate base layer and asphalt pavement layer(s). Groundwater was observed in 3 of the 19 borings with effective depths ranging from 10-feet to 14- feet below the ground surface. In areas where ground water levels are high, additional measures for drainage & construction must be taken into consideration. Infiltration rates will generally be moderate to low within the project area due to the presence of clay and silt in the fill material brought in when the roadway was originally constructed. Given the in-situ soil types, some areas of the project will benefit from the installation of drain tile to ensure drawdown of groundwater within the street supporting layers. 2.32 Existing Pavement Due to past construction methods, the existing pavement section thickness is quite irregular along its entire length. Table C shown below shows the existing roadway section. Table C: Existing Pavement Section Myrtle-Sterling Area Street Improvements Pavement Aggregate Street From/To Thickness (in) Thickness (in) Idaho Avenue Mary Street/Sterling Street 4.0 7.0 Idaho Avenue Sterling Street/Dead end 3.5 7.0 Kingston Myrtle Street/Cul-de-sac 4.0 10.0 Avenue Knoll Circle Sterling Street/Cul-de-sac 3.5 6.5 Lakewood Drive Holloway Avenue/Ripley Avenue 2.5 - 3.0 3.25 Î 13.0 Lakewood Drive Ripley Avenue/Cul-de-sac 3.5 Î 3.75 5.75 Î 8.5 Mary Street Idaho Avenue/Cul-de-sac 3.25 Î 3.75 5.5 Î 9.5 Myrtle Street Holloway Avenue/Ripley Avenue 3.25 Î 4.75 4.0 Î 9.5 Myrtle Street Ripley Avenue/Kingston Avenue 4.0 4.5 Myrtle Street Kingston Avenue/Cul-de-sac 2.0 Î 3.5 7.5 Î 11.5 Ripley Avenue Myrtle Street/Lakewood Drive 3.75 8.25 Sterling Street Idaho Avenue/Larpenteur Avenue 1.75 Î 2.75 7.25 Î 8.25 Sterling Street Idaho Avenue/300-Feet north of Montana 1.75 Î 2.75 13.0 Sterling Street Larpenteur Avenue/425-Feet north of 2.5 5.75 Larpenteur 13 Council Packet Page Number 305 of 431 J2, Attachment 3 2.33 Geotechnical Conclusions Some of the project streets have an inadequate crown that allows water to pond in small depressions and scour the pavement surface. As the street ages, depressions in the pavement trap water, subjecting the pavement to freeze-thaw pop-outs and edge cracking. This deterioration eventually forms potholes over time. Frost-sensitive soils have been discovered in a few locations throughout the project area. Under certain conditions, this can cause freeze-thaw damage to the roadway over time. If these soils are encountered during the construction process, it is recommended to remove and replace with a well- draining granular material. Based on soil boring results, it is recommended a full soil subcut with granular replacement be done on the following streets: Idaho Avenue (east of Sterling Street) Lakewood Drive (north of Ripley Avenue) Myrtle Street (north of Ripley Avenue) Sterling Street (South of Larpenteur Avenue) The majority of the streets had a full depth pavement section originally installed in the 1960Ós, 1970Ós and 1980Ós. The pavement section is past the end of its useful life. The project streets have deteriorated to the point at which routine maintenance is no longer cost-effective or even possible in some situations. Correcting the drainage problems on the streets, as well as constructing a new pavement section to the most current standards will allow for a high-quality, long-lasting product. 2.4 Existing Curb During a rain event, concrete curb and gutter channels storm water runoff from streets, buildings and yards into the underground storm sewer system. This method of runoff conveyance is the most effective in preserving streets due to the following: Provides a supporting edge for asphalt pavements, which prevents deterioration of asphalt pavement edges. Channels runoff, which prevents erosion of grassy boulevard edges and pavement during rain events. Contains vehicle traffic and plowing to the street, which eliminates damage to the boulevard. Reduces long-term costs of pavement maintenance. Provides an improved aesthetic appearance. Existing concrete curb and gutter is present on the following streets: Idaho Avenue (west of Sterling Street) Kingston Avenue Knoll Circle Lakewood Drive (south of Ripley Avenue) Mary Street Myrtle Street (south of Ripley Avenue) Ripley Avenue The existing curb and gutter on these streets is in good condition, with a conservative estimation of 20% being structurally damaged to the extent that it should be removed and replaced. 14 Council Packet Page Number 306 of 431 J2, Attachment 3 Existing concrete curb and gutter is not present on the following streets, which are proposed for curb installation: Idaho Avenue (east of Sterling Street) Lakewood Drive (north of Ripley Avenue) Myrtle Street (north of Ripley Avenue) Sterling Street (south of Larpenteur Avenue) 2.5 Existing Utilities 2.51 Sanitary Sewer The majority of the sanitary sewer in the project area was installed in 1960Ós, 1970Ós and 1980Ós as residential and commercial properties were added to the area. These sewer mains consist of 8Ñ and 10Ñ pipe, varying in material from vitrified clay pipe (VCP) to polyvinyl chloride (PVC) pipe. During the sanitary sewer main inspection in 2022, Maplewood Public Works crews noted no significant issues with the sanitary sewer main on any of the project streets, besides one main line connection to a manhole on Idaho Avenue. This issue is proposed to be corrected during the project. The project lies within MaplewoodÓs sanitary sewer Districts 32 & 34. The sewage from properties within District 32 flows west then discharges into the Metropolitan Council sewer interceptor, which runs along White Bear Avenue. The sewage from properties within District 34 flows south then discharges into the Metropolitan Council sewer interceptor along White Bear Avenue. 2.52 Water Main The water main pipe on the project streets was installed in the 1960Ós, 1970Ós and 1980Ós as roads and utilities were constructed to service developing residential properties in the area. The water main pipe within the Myrtle-Sterling area project streets is owned and maintained by two different entities; St. Paul Regional Water Services (SPRWS) and the City of North St. Paul (NSP). Cast iron pipe (CIP) was the installed from the early 1900Ós all the way up to around the early 1970Ós. Ductile iron pipe (DIP) was installed from the 1970Ós to present day. As cast iron pipe ages it becomes brittle and susceptible to breaks, whereas ductile iron pipe is able to resist breakage due to its more malleable nature. Under most scenarios, common practice is to replace all cast iron pipe under the roadway and leave in place ductile iron pipe when reconstructing a street. The water main on the project streets is currently a combination of ductile iron pipe and cast iron pipe depending on the street. Records indicate existing water main pipe is cast iron on the following streets and is proposed to be replaced: Lakewood Drive (north of Ripley Avenue) Myrtle Street (north of Ripley Avenue) Records indicate existing water main pipe is ductile iron on the following streets: Idaho Avenue Kingston Avenue Knoll Circle Lakewood Drive (south of Ripley Avenue) Mary Street Myrtle Street (south of Ripley Avenue) Ripley Avenue Sterling Street 15 Council Packet Page Number 307 of 431 J2, Attachment 3 2.53 Storm Sewer and Drainage The Myrtle-Sterling Area Street Improvement project lies within the Ramsey-Washington Metro Watershed District (RWMWD). As seen in Exhibit 4, the project area contributes runoff to the Kohlman Creek and the Beaver Lake SubwatershedÓs. The Kohlman Creek and the Beaver Lake SubwatershedÓs ultimately discharge into the Mississippi River. On streets with existing concrete curb and gutter, staff noted no major deficiencies during the storm sewer inspection performed in the fall of 2022. Some minor deficiencies observed include the deterioration of a few block storm sewer structures, failed structure adjustment rings and broken inlet castings. On streets without concrete curb and storm sewer systems, there have been a number of drainage issues reported by area residents. During larger storm events, current inlet and pipe capacity is not great enough, resulting in flooding of the street & some yards for a period of time. Erosion of pavement edges and icing of the streets due to absence of a storm sewer system and lack of concrete curb is also of concern. 3.0 PROPOSED IMPROVEMENTS 3.1 Living Streets Î Street Widths, Sidewalks, and Geometrics The City of Maplewood adopted a Living Streets Policy in January of 2013. The high-level goals of the policy include the following: Encourage people to travel by walking or bicycling. Enhance the safety and security of streets. Maximize the infiltration of storm water. Improve the quality of storm water runoff. Enhance the urban forest. Reduce life cycle costs. Create aesthetically appealing neighborhoods. Overall, the policy promotes narrower streets, pedestrian walkways and improvements, rainwater gardens and additional boulevard trees. Standard design templates for local streets were included as part of the policy and are attached in Exhibit 5. A 28 to 30-foot street width (measured from face of curb to face of curb) is typically utilized on local neighborhood streets. This street width has proven to be adequately wide to accommodate traffic lanes, vehicle parking on one side of the street, and space for local pedestrians and bicyclists. This new width often also reduces the amount of impervious surface and pavement that needs to be maintained in the future. On streets where existing concrete curb and gutter is not present, implementation of the Living Streets Policy is recommended. Staff are recommending a 28-foot wide street (face-of-curb to face- of-curb) for Myrtle Street north of Ripley Avenue, Idaho Avenue east of Sterling Street and Sterling Street south of Larpenteur Avenue. Staff are recommending a 30-foot wide street for Lakewood Drive north of Ripley Avenue. The increased width for Lakewood Drive is proposed due to the amount of bus traffic, vehicle parking and pedestrian traffic on Lakewood Drive when the Justice Alan Page Elementary School is in session. Likewise, a 5-foot wide concrete sidewalk is prposed on the east side of Lakewood Drive from Holloway to Ripley Avenue due to the adjacent school property. These street widths are consistent with the CityÓs Living Streets Policy, ÐLocal Street Option 3Ñ in Exhibit 5. Roadway widths will remain unchanged on streets where existing curb and 16 Council Packet Page Number 308 of 431 J2, Attachment 3 gutter is present. 3.2 Street Reconstruction Means & Methods This project will have a combination of different construction methods (pavement rehabilitation & full reconstruction) used depending on the existing conditions of the subject street. In general, those streets with existing concrete curb and gutter are proposed to receive a pavement rehabilitation. Those streets without concrete curb and gutter are proposed to receive a full reconstruction. Exhibit 6 shows which streets are proposed for full reconstruction and pavement rehabilitation. 3.21 Pavement Rehabilitation Due to the severity and frequency of pavement failures, presence of good quality aggregate base material, good subgrade soils, presence of concrete curb and gutter and the relatively good condition of underlying utilities, staff are recommending the following improvements be made on pavement rehabilitation streets. Full depth reclamation (grinding/mixing) of pavement and underlying aggregate base. Removal of excess reclaim material to account for the new pavement section. Installation of 3.5 inches of bituminous pavement over reclaimed aggregate base material. Replacement of subgrade soils on an as needed basis. Spot replacement of concrete curb and gutter. Minor repairs to utilities. Full depth reclamation (FDR) is a process where a large machine grinds/mixes the existing pavement with the underlying aggregate material to form a new homogenous base material to support the road. After the road has been reclaimed, the excess material will be removed to make room for the new pavement section. The road will then be reshaped and compacted to provide adequate drainage to the adjacent curbs. Lastly, the new bituminous pavement is installed in separate layers. The following streets are proposed for pavement rehabilitation: Idaho Avenue (west of Sterling Street) Kingston Avenue Knoll Circle Lakewood Drive (south of Ripley Avenue) Mary Street Myrtle Street (south of Ripley Avenue) Ripley Avenue 3.22 Full Reconstruction Full reconstruction involves fully removing and replacing the existing roadway section and making utility improvements as necessary. This method is often utilized in conjunction with significant utility improvements. Due to the severity and frequency of pavement failures, lack of sufficient aggregate base material, poor quality/frost susceptible subgrade soils, and the old age of existing utilities (or a lack thereof), Staff are recommending the following improvements be made on full reconstruction streets. Full removal and replacement of pavement and aggregate base. Installation of 3.5 inches of bituminous pavement over 8.0-inches of new aggregate base. A 2-foot sand sub-cut for replacement of frost susceptible soils. Geotextile fabric for separation between subgrade and granular material 17 Council Packet Page Number 309 of 431 J2, Attachment 3 Installation of drain tile at all low points to promote subsurface drainage. Installation of new concrete curb and gutter. Replacement and expansion of utilities. The following streets are proposed for Full Reconstruction: Idaho Avenue (east of Sterling Street) Lakewood Drive (north of Ripley Avenue) Myrtle Street (north of Ripley Avenue) Sterling Street (south of Larpenteur Avenue) 3.3 Concrete Curb and Gutter Based on preliminary site visits, some project streets have existing concrete curb and gutter while others lack it completely. Because of this difference, two different methods of replacement will be necessary. 3.31 Spot Replacement Damaged sections of curb often result in standing water in the curb-line or the road edge, which causes further damage to the road pavement over time. Based on an initial site investigation, staff have estimated that only 20% of the existing concrete curb and gutter would need to be replaced. Staff are recommending that only structurally deficient portions of the existing concrete curb and gutter be removed and replaced on the following project streets. Idaho Avenue (west of Sterling Street) Kingston Avenue Knoll Circle Lakewood Drive (south of Ripley Avenue) Mary Street Myrtle Street (south of Ripley Avenue) Ripley Avenue During construction, a city project representative will determine which sections of concrete curb and gutter will need to be removed and replaced. 3.32 New Curb Installations Staff recommends installing MaplewoodÓs standard B618 barrier concrete curb and gutter, as shown in Exhibit 7, on the full reconstruction streets below: Idaho Avenue (east of Sterling Street) Lakewood Drive (north of Ripley Avenue) Myrtle Street (north of Ripley Avenue) Sterling Street (south of Larpenteur Avenue) B618 concrete curb and gutter provides the following advantages: Provides a defined area for storm water to flow without damaging the bituminous roadway or causing erosion to boulevard. Provides pavement edge support and backing to street pavements. Establishes a definite limit to vehicle encroachment onto the boulevard areas, minimizing rutting of grass areas and reducing the probability of vehicles sliding off the roadway under unfavorable pavement and weather conditions. 18 Council Packet Page Number 310 of 431 J2, Attachment 3 Protects the grass boulevard areas and mailboxes from damage by snowplows. Curb depressions at driveways provide clear identification of the driveways and limits blockage of driveways by vehicles parking on the street. Knockdowns would be installed at all driveway openings for smooth vehicle transitions. 3.4 Pedestrian Improvements 3.41 Sidewalks Staff recommends a new off-street pedestrian walkway be installed along the east side of Lakewood Avenue. See Exhibit 2 for the proposed walkway location. This new connection will provide a safe off-street walkway for pedestrians to access the newly constructed Justice Alan Page school and is consistent with the CityÓs Living Streets Policy. 3.42 Pedestrian Ramps & Crossings Staff will also review any existing pedestrian curb ramps and crossings and evaluate the need for upgrades based on current AmericanÓs with Disabilities Act (ADA) requirements and the City of MaplewoodÓs Crossing Policy. 3.5 Storm Water Some project streets lack an adequate storm sewer system, while others have an effective system currently in place. 3.51 New Storm Sewer System Storm sewer piping and inlet capacity is very limited and lacking on some project streets. Staff have observed and received numerous concerns from area residents about street and boulevard drainage. Staff recommend installing new storm sewer systems on the following streets. Idaho Avenue (east of Sterling Street) Lakewood Drive (north of Ripley Avenue) Myrtle Street (north of Ripley Avenue) Sterling Street (south of Larpenteur Avenue) New storm sewer systems also provide the opportunity to incorporate water quality and volume reduction best management practices (BMPÓs) during reconstruction of the project streets. BMPÓs include bio-filtration basins (raingardens), underground filtration basins and sump manholes. BMPÓs improve the quality of water entering area water bodies and better control the rate of storm water runoff in the area. BMPÓs will be designed to meet Ramsey Washington Metro Watershed District (RWMWD) and City of Maplewood requirements. 3.52 Existing System Repairs The existing storm sewer system on the following streets is functional and in good condition. Staff recommend leaving the existing storm sewer system in place on these streets, making repairs as necessary. Idaho Avenue (west of Sterling Street) Kingston Avenue Knoll Circle Lakewood Drive (south of Ripley Avenue) Mary Street Myrtle Street (south of Ripley Avenue) 19 Council Packet Page Number 311 of 431 J2, Attachment 3 Ripley Avenue 3.6 Water Main Two different entities provide water service to properties located on the project streets; the City of North St. Paul (NSP) and St. Paul Regional Water Services (SPRWS). Staff have asked both entities to check the condition of their systems and to recommend any necessary upgrades. 3.61 St. Paul Regional Water Services (SPRWS) St. Paul Regional Water Services (SPRWS) has looked at the condition and age of its existing water main system on the project streets. At this time, SPRWS is recommending replacement of roughly 2,000 feet of existing cast-iron water main on Myrtle Street and Lakewood Drive north of Ripley Avenue. The remainder of the water main is ductile iron, is in good condition, and does not require replacement at this time. 3.62 City of North St. Paul (NSP) The City of North St. Paul (NSP) has looked at the condition and age of the existing water main system on the project streets. At this time, NSP is not recommending replacement of its water main systems. 3.7 Sanitary Sewer City of Maplewood Sanitary Sewer Department performed televising and manhole inspection in 2022 for the project streets. Based on the results of the reports, staff recommend including a minor spot repair of the existing sanitary sewer main at the intersection of Sterling Street and Idaho Avenue. Staff recommend replacing outdated sanitary sewer castings throughout the project area. Replacement of these castings with the new standard will reduce storm water inflow & infiltration (I & I) into the sanitary sewer system. Reducing storm water inflow and infiltration into the sanitary sewer system reduces the amount of storm water conveyed to the Metropolitan Council Wastewater treatment plant, which is a top priority of the City and Metropolitan Council. Staff also recommend replacing any sanitary sewer services that need repair within the public right- of-way. Repair of these services would reduce the need for future utility cuts into the new street pavement. 3.8 Lighting Staff will reference the CityÓs Street Lighting Policy to determine if additional street lighting is necessary. Street lights are installed for navigational and traffic safety purposes only, typically at street intersections, dead-ends, or major curves in the road. 3.9 Additional Project Improvements 3.91 Neighborhood Fog Seal To extend the life of bituminous pavement in previously reconstructed neighborhoods, it is proposed that a fog seal be applied to those existing streets. As part of this work, past improvements projects will be reviewed to determine which area will benefit the most from a fog seal. A fog seal project with a cost of $30,000 has been included in the cost estimate for this feasibility report. A fog seal helps extend the useful life of the pavement by replenishing oils lost over time in the upper layer of the pavement. This seals micro-cracks in the surface, which prevents water intrusion, along with restoring some flexibility to the pavement. Fog seals typically extend the total life of bituminous pavements by 3-5 years. 20 Council Packet Page Number 312 of 431 J2, Attachment 3 4.0 MISCELLANEOUS PRIVATE UTILITIES Private utility companies have been notified of the project and the potential impacts to private utilities. Staff will continue to coordinate with private utility companies as the project progresses. 5.0 EROSION CONTROL As part of the project plans and specifications, staff are required to prepare a storm water pollution prevention plan (SWPPP) for the purposes of enforcing erosion and sediment control rules. The SWPPP will include erosion and sediment control methods that will be implemented throughout the project. Silt fence, bio-rolls, erosion control blanket, and other best management practices (BMPÓs) will be utilized where direct runoff might occur. Inlet protection will be used to protect both the existing and new catch basins during construction. Street sweeping will occur as needed on all paved street surfaces throughout the project, including intersecting streets. Watering of exposed soils and aggregate material would be done as a dust-control measure. An erosion and sediment control plan sheet and storm water pollution prevention plan will be created during the design phase of this project. After street and utility work is completed, sod or seed will be placed as the permanent turf establishment in all disturbed areas. The City, in coordination with the watershed district, will closely monitor all erosion and sediment control measures throughout the construction process. The selected contractor will be required to install all preventative measures and maintain them as required by the City of Maplewood, Ramsey-Washington Metro Watershed District (RWMWD), Minnesota Pollution Control Agency (MPCA), and any other regulatory agencies. 6.0 TRAFFIC CONTROL The project will be constructed under through-traffic conditions. A construction project of this magnitude will result in some inconvenience and disruption to local traffic. Staff will work with the school, residents, general contractor, and the traffic control subcontractor to ensure disruptions are kept to a minimum. Accesses with concrete curb or concrete driveway apron replacements will not be able to use driveway entrances during the concrete curing period. However, higher volume driveways such as the school entrances will be constructed in halves when possible to allow for uninterrupted flow of traffic. Temporary driveway entrances may be needed in some circumstances. Access for emergency vehicles will be available 24 hours a day throughout the project. During short periods of time, some segments of the project may not be passable while certain work is being executed. In these instances, an alternative route and access would be available from another direction. Streets and accesses will be reopened at the end of the working day. 7.0 PROJECT COST The estimated costs for the proposed improvements are detailed in the table on the following page. These costs include a 10% construction cost contingency and a 12% allowance for geotechnical, legal, and fiscal expenses. Estimated Project Cost Summary Proposed Improvements Total Amount % of Total Street Improvements $2,966,600 55% Drainage Improvements $1,287,100 24% Sanitary Sewer Improvements $70,700 1% Water System Improvements $1,067,300 20% Total Estimated Project Cost: $5,391,700 100% 21 Council Packet Page Number 313 of 431 J2, Attachment 3 Exhibit 8 provides a more detailed construction and project cost estimate breakdown. 8.0 COST RECOVERY An independent appraisal firm was hired to ascertain an opinion of special benefit received by properties within the neighborhood project area. This information will ultimately be utilized to set the special benefit assessment amounts for the project area. For the purposes of this report, the rates established in the CityÓs Special assessment policy were utilized. There are 135 assessable residential and commercial parcels within the project area. Exhibit 9 details the preliminary assessment roll. Exhibit 10 shows the preliminary assessment map for the project. Based on the City of MaplewoodÓs Assessment Policy, parcels are assessed on an equal ÐunitÑ basis. Per Minnesota State Statute 429, the assessment amount cannot be greater than the benefit received by the property from the improvement. Therefore, the final special benefit assessment amounts will be established after reviewing the appraisal report. Adjustments to the financing plan may be required following the receipt of the special benefits appraisal. For the purposes of this report and establishing a preliminary financing plan, the preliminary assessment rates are as follows. Residential o Pavement Rehabilitation Rate = $3,450/Unit o Full Reconstruction Rate = $6,600/Unit Commercial/Multi-Family o Pavement Rehabilitation Rate = $69.00/Front-Foot o Full Reconstruction Rate = $132.00/Front-Foot The improvements are proposed to be financed through General Obligation (GO) Bonds, the Environmental Utility Fund, Sanitary Sewer Fund, Water Area Fund, Saint Paul Regional Water Services, and Special Benefit Assessments. Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (G.O.) Improvement Bonds $2,142,100 40% Environmental Utility Fund $1,287,100 24% Sanitary Sewer Fund $70,700 1.5% Water Area Fund $25,600 0.5% St. Paul Regional Water Services (SPRWS) $1,041,700 19% Special Benefit Assessments $824,500 15% Total Estimated Project Funding: $5,391,700 100% 22 Council Packet Page Number 314 of 431 J2, Attachment 3 9.0 PROJECT SCHEDULE The following schedule may be implemented should it be determined to proceed with the project: Project Milestone Date Order Preparation of Feasibility Study 8/8/2022 Neighborhood Meeting #1 12/5/22 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/13/23 Plans & Specifications Neighborhood Meeting #2 2/10/23 Public Hearing & Order Improvement 2/27/2023 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/13/2023 Authorize Preparation of Assessment Roll Bid Opening 4/12/2023 Award Contract 4/24/2023 Neighborhood Meeting #3 5/18/2023 Begin Construction June 2023 Accept Assessment Roll & Order Assessment Hearings 8/14/2023 Neighborhood Meeting #4 9/6/2023 Assessment Hearing and Adopt Assessment Roll 9/11/2023 Complete Construction November 2023 Assessments Certified to Ramsey County November 2023 10.0 CONCLUSIONS AND RECOMMENDATION From the results of the feasibility study and investigations, it can be concluded that: The project is feasible as it relates to general engineering principles, practices and construction procedures as it has been presented in this report. The project is necessary for economic and public welfare reasons. The project is cost effective when all the related costs are considered Î environmental, maintenance, private, and public. The proposed improvement is necessary to maintain the cityÓs infrastructure. In consideration of these conclusions, it is recommended that: If the City Council deems the project feasible, a public hearing should be held as soon as possible. The proposed improvements should be constructed as outlined in this report. The cost of the improvements will be recovered through assessments to the benefited properties or parcels and through city finances. 23 Council Packet Page Number 315 of 431 J2, Attachment 3 APPENDIX A 24 Council Packet Page Number 316 of 431 J2, Attachment 3 Exhibit1 Council Packet Page Number 317 of 431 J2, Attachment 3 Exhibit2 Council Packet Page Number 318 of 431 J2, Attachment 3 Exhibit3 City of Maplewood B2209435 December 7, 2022 Page 5 B.2. Pavement Cores Table 2 provides a summary of the existing bituminous section thicknesses as measured at each of the borings. Note that aggregate base was observed and measured in the field by the drill and coring crews to the nearest inch. We did not perform gradation analysis on the apparent aggregate base material encountered on the pavement section and cannot conclusively determine if the encountered material satisfies a particular specification. The aggregate base thicknesses should also be considered approximate, as the transitions between the aggregate base and the underlying subgrade are often difficult to accurately discern at depth. Table 2. Summary of Pavement Section Thicknesses by Boring/Core Location Apparent Bituminous Aggregate Base Thickness Thickness Roadway Location (inches) (inches) Core Condition Low severity stripping ST-1 4 3/4 4 throughout Low severity stripping ST-2 3 1/4 7 3/4 throughout ST-3 4 1/2 9 1/2 Highly deteriorated. Pitting within the core Myrtle Street North ST-4 4 4 1/2 between 2 to 4 inches. Chip seal deterioration, ST-5 3 1/2 7 1/2 moderate severity stripping throughout Highly deteriorated, possible PC-2 2 11 1/2 partial recovery. Highly deteriorated, possible ST-6 2 1/2 3 1/4 partial recovery. Surface deterioration, low ST-7 3 13 severity stripping throughout. Lakewood Drive North Low severity stripping ST-10 3 3/4 8 1/2 throughout. Debonded at 2 inches, PC-3 3 1/2 5 3/4 moderate severity stripping throughout. Low severity stripping ST-9 4 7 1/4 throughout. Ripley Avenue Low severity stripping ST-11 3 3/4 8 1/4 throughout. Council Packet Page Number 319 of 431 J2, Attachment 3 City of Maplewood B2209435 December 7, 2022 Page 6 Apparent Bituminous Aggregate Base Thickness Thickness Roadway Location (inches) (inches) Core Condition Moderate severity stripping Kingston Avenue East PC-1 4 10 throughout. Knoll Circle PC-4 3 1/2 6 1/2 Good condition. Low severity stripping ST-12 2 1/2 5 3/4 throughout. Low severity stripping ST-13 2 3/4 8 1/4 throughout. Moderate severity stripping Sterling Street North ST-14 1 3/4 7 1/4 throughout. Moderate severity stripping ST-15 2 3/4 13 throughout. Low severity stripping ST-16 2 1/2 13 throughout. ST-17 3 1/2 7 Highly deteriorated. Idaho Avenue Low severity stripping ST-18 4 7 throughout. Low severity stripping ST-19 3 3/4 9 1/2 throughout. Mary Street North Low to moderate severity PC-5 3 1/4 5 1/2 stripping throughout. B.3. Soil Borings Table 3 provides a summary of the soil boring results, in the general order we encountered the strata. Please refer to the Log of Boring sheets in the Appendix for additional details. The Descriptive Terminology sheet in the Appendix includes definitions of abbreviations used in Table 3. Council Packet Page Number 320 of 431 J2, Attachment 3 Exhibit4 KohlmanCreek Subwatershed BeaverLake Subwatershed Council Packet Page Number 321 of 431 Exhibit5 J2, Attachment 3 Council Packet Page Number 322 of 431 J2, Attachment 3 Exhibit6 FullReconstruction PavementRehabilitation Council Packet Page Number 323 of 431 J2, Attachment 3 Exhibit7 Council Packet Page Number 324 of 431 J2, Attachment 3 945.00460.00 Estimated Exhibit8 $$ $$$$$$$$$$ $$$$$$$$$$ $$$$$ TOTAL 1.00275,000.00 29.0012,963.0011.001,100.0027.0062.006,820.0060.0010,500.0046.00 110.002,860.00276.001,407.60558.007,812.00221.0014,365.00207.001,749.15969.005,426.40276.002,208.00 1,765.006,265.751,288.0011,592.001,284.0013,803.001,020.0017,340.005,198.00181,930.001,142.006,395.201,353.0011,432.856,115.00122,300.00 15,533.0052,035.5510,193.00234,439.0010,193.00224,246.0011,156.0042,392.8015,996.0011,997.00 QuantityCost Estimated 50050550005 51036446807 ........... Unit 26.0010.7517.0023.0022.0035.0014.0010.00 175.00 Price Estimated $$$$$$$$$$$$$$$$$$$$$$$$$$$ 16 YYYYY FF3F5Y9YY3Y5Y8Y8Y5YY3F8F0 LS275,000.00 LLLLL SSSSSSSSS CCCCC TON20.00 Unit EACH447.00EACH100.00EACH35.00 EACH110.00 22 HOURMGAL65.00 Project City Improvements, Street Area THICK 4" Sterling THICKDRIVEWAYS, Myrtle THICK Description 6" 4" GRAVEL THICK CURB) THICK 4" FOR 6" WIDE BIT. DRIVEWAYS, Estimate, DRIVEWAYS, RAMPS, INCH 18 Cost DEPTH) LIMESTONE) (INCLUDES CONCRETE@ (CV) DRIVEWAYS, CONCRETE (FULL WALL MATERIAL DEPTH (CV) DEPTH) CRUSHED TYPES MATERIAL PAVEMENT PAVEMENT INCH SHORT BROOM) PAVEMENT/APRON/WALK INCH ALL RESIDENTIALCOMMERCIALBITUMINOUSWALKS/PEDESTRIANSTREETS RECLAIM (100% PAVEMENT OR1.5 (P) GUTTER Preliminary 5 (10 MATERIAL FORFORFORFORFOR & CL (EV)66666 PICKUP (EV) DRIVEWAYROADWAY EDGERINSTALL CURBDRIVEWAY ASSEMBLY, EMBANKMENT SURFACE, ROADWAY CLASSCLASSCLASSCLASSCLASS CONTROL (WITH SIGN GRUBBING BOX 16 BASEBASEBASEBASESURFACING,BASE RECLAMATION DUST Improvements EMBANKMENT EXCAVATION EXCAVATION AND STOCKPILE, BOULDERSTREETMAILLANDSCAPE CONCRETEBITUMINOUSCONCRETEBITUMINOUS 22 FOR SWEEPER GRANULAR ADHESIVE DEPTHBITUMINOUS BITUMINOUS Street Improvements EstimateProject, Area City Item Cost Utility Sterling and IMPROVEMENTS Item MyrtlePreliminaryStreetMaplewood STREET 2021.5012021.501/00010MOBILIZATION2101.5022101.502/00031CLEARING2104.5022104.502/02380SALVAGE2104.5022104.502/08019SALVAGE2104.5022104.502/08013SALVAGE2104.5032104.503/08017SALVAGE2104.5032104.503/08 011REMOVE2104.5032104.503/08016SAW2104.5042104.504/00110REMOVE2104.5042104.504/00151REMOVE2104.5042104.504/00152REMOVE2106.5072106.507/00070GRANULAR2106.5072106.507/00080SELECT2106.5072106.507/00141S UBGRADE2106.5072106.507/00140.5COMMON2106.5072106.507/00144SALVAGE,2123.6102123.610/00410STREET2130.5232130.523/00011WATER2211.5042211.504/00010AGGREGATE2211.5042211.504/00011AGGREGATE2211.5042211.50 4/00012AGGREGATE2211.5042211.504/00013AGGREGATE2211.5042211.504/00014AGGREGATE2211.5092211.509/00151AGGREGATE2215.5042215.504/00022FULL2232.5032232.503/00010MILL2331.6032331.603/00070JOINT Council Packet Page Number 325 of 431 J2, Attachment 3 440.00600.00921.80442.40 2,711,186.00 Estimated $$$$ $ $$$$$$$$$$ $$$$$$$$$$$$$$$ $$$$ TOTAL = 8.002,720.001.0050,000.001.004,000.001.004,000.001.008,000.009.0015,300.00 62.0013,950.0011.0029.0021,750.0053.0010,070.0050.001,600.0031.6060.003,750.00 197.0020,685.00132.007,920.00150.00600.002,700.00921.80509.001,781.50 TOTAL 6,020.0025,284.005,000.0033,000.001,873.002,341.251,288.0046,368.002,250.00236,250.002,893.00303,765.001,100.0013,750.006,650.0049,875.008,665.00164,635.001,525.0053,375.001,087.0092,395.001,650.0032 ,175.00 14,869.0085,496.7514,360.00122,060.00 QuantityCost Estimated 0000500 2505755 ....... 6.601.00 Unit 36.0012.5019.0035.0085.0019.5060.0032.0014.0062.50 105.00225.00750.00 4,000.004,000.00 50,000.00 Price Estimated $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 16 F4YF7FFYYFFSSSFF4F4Y5Y8Y3 B LFLS8,000.00 LB LLLLLLLLL SSSSSSSSS L GALGAL1.25 TON105.00TON105.00 Unit EACHEACH340.00EACH40.00EACH EACH190.00EACH1,700.00 22 MGAL Project City Improvements, Street Area AGGREGATE) EQUAL) LB/ACRE) FILTER (300 Sterling FINE APPROVED TURF OR PLACED) LBS/ACRE) FORMED) RAMY INCLUDES Myrtle (300 Description DRIVEWAY) BY PRODUCTS (MACHINE(HAND AREAS SEED SUBCUT, TURF BOX BOX SEAL RESIDENTIAL MIXTURE Estimate, (STREET RAMY TRANSITIONTRANSITION NEWS AND TOLERANT NEWS LIFT, BY OROR MIXTURE SOCK SAW SALT Cost 1 COURSE SODDED/SEEDED SEAL INCH LINING 3 AND/OR AND/OR FOR RIBBONRIBBON NETLESS, TYPE FOG JOINTCOURSE (1 10 F4 MAIL TYPES) MAILSEWER RAMP WEARING WATER 10 B618,B618, WITH PLAN BOULEVARD (ADDITIONAL) COAT 1H)(ALL 10 CONTROL WEARING NONSINGLE MIXTURECURB SINGLE STILLCOMPOST 1, SIDE CSS (FUTERRA TACK Preliminary BITUMINOUSSANITARY DESIGNDESIGN INCH) TUBINGEXIT TYPETYPE WITH TYPE (4 WITH PAVEMENTPAVEMENT CONT DUTY FOR (TYPE STREET 20 DRAINLOG PROTECTION CONTRACTOR'S PAVEMENT POSTNEIGHBORHOODOFFSITEOFFSITE GUTTERGUTTER BLANKET POSTBOULDER PEDESTRIAN SEAL ESTABLISHMENT BITUMINOUS BITUMINOUS NO && BITUMINOUS HEAVY CURTAIN BORROW MINERAL INLET FERTILIZER WALKDRIVEWAYDRIVEWAY ROADFOGMATERIAL DOMES TREE TURF TYPE SILT CONSTRUCTION INSTALL CURBCURB CONTROL TYPE CONTROL,CONTROL & CONTROLCONTROLCONTROL SALVAGEDSALVAGED DRAINFOR PERFORATEDCONCRETE TOPSOIL ESTABLISHMENT SPWEA330LSPWEA330CSPWEB330C FENCE; CONCRETECONCRETECONCRETE INCHINCH Item Item 2331.6032331.603/00071BITUMINOUS2355.5062355.506/00021BITUMINOUS2357.5062357.506/00010BITUMINOUS2360.5042360.504/64336TYPE2360.5092360.509/35501TYPE2360.5092360.509/35501.5TYPE2502.5032502.503/130114 2521.5182521.518/000404"2531.5032531.503/24001CONCRETE2531.5032531.503/24002CONCRETE2531.5042531.504/000606"2531.5042531.504/000808"2531.6182531.618/0022162531.6182531.618/00010TRUNCATED2540.6022540. 602/00144INSTALL2540.6022540.602/00146FURNISH2540.6022540.602/00149INSTALL2563.6012563.601/00010.5TRAFFIC2563.6012563.601/00011TRAFFIC2563.6012563.601/00012TRAFFIC2571.5022571.502/12301DECIDUOUS2573. 5012573.501/00021EROSION2573.5022573.502/00141STORM2573.5022573.502/00142STABILIZED2573.5032573.503/00030FLOTATION2573.5032573.503/00019SILT2573.5032573.503/00064SEDIMENT2574.5042574.504/00010LOAM257 4.5082574.508/00071COMMERCIAL2575.5042575.504/00013SODDING2575.5042575.504/00077EROSION2575.5082575.508/40009TURF2575.5232575.523/00021WATER Council Packet Page Number 326 of 431 J2, Attachment 3 883,783.00 Estimated $$$$$$$$$$$$$$$$$$$ $$$$$$$$ $$$$$ TOTAL = 1.001,000.004.005,000.001.001,100.003.003,300.004.002,600.001.00250,000.00 10.006,500.0011.002,640.0012.005,040.0045.002,925.0010.001,250.0010.0030,000.0012.0060,000.0020.0019,000.0016.0010,800.0050.001,000.0035.007,700.0066.003,300.0022.0055,000.0022.005,720.0020.002,700.0 0 238.003,808.00600.0010,800.00660.009,900.00240.0013,200.00352.007,920.00540.005,400.00 TOTAL 1,900.00114,000.002,350.0028,200.002,055.00123,300.005,500.00104,500.00 QuantityCost Estimated Unit 16.0060.0012.0018.0055.0060.0065.0020.0019.0010.00 125.00950.00220.00135.00 1,100.00 1,250.003,000.00 Price Estimated $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 16 Y FFFFFFFYFFF LF15.00LS250,000.00 LLLLLLLL SSS C Unit EACHEACH650.00EACH240.00EACH1,000.00EACHEACHEACH1,100.00EACHEACHEACH50.00EACH260.00 EACH420.00EACH5,000.00EACH675.00EACH650.00EACH22.50EACH2,500.00 22 Project City Improvements, Street Area 341 & 341 & 341 340 Sterling & 340 340 PLATE PLATE Myrtle PLATEASSEMBLY Description GARDEN) STANDARD BLOCK STANDARD SEWER SEWER SEWER STANDARD MH) SPLASH TYPE) Estimate,CB (RAINWATER STORM CB/MH & STORM STORM RIPRAP OR MAPLEWOOD BOX FOR SEWERSEWERSEWER SOCK SIZE INCH 3'FORFOR MHMAPLEWOOD FOR Cost 1GARDEN TYPES) x LID MAPLEWOOD 48 PIPEPIPEPIPE 2' (ANY(CB, SEWER, TYPE (ALL WALL GRATE GRATE SEWER, SOLID WOVEN VC INVERT(S)/DOGHOUSE(S) PIPEHDPEHDPEHDPE PIPE & SEWER,DESIGN && DESIGN WITH STORM RAINWATER PREPARATION NON CASTINGMAIN WALLWALLWALL 4 SEWER STRUCTURE SEWER FORSEWER RETAINING STORMSANITARY FRAMEFRAMEFRAME Preliminary TUBING AVA CASTING TYPE IV GARDEN SEWERSEWER FORCONTFOR CASTINGSTRUCTURE, III STORM STORMSTRUCTURE, 2 STONE SMOOTHSMOOTHSMOOTHSTORM 167830673290 RESIDENTIAL DRAIN DRAINAGE OF MATERIAL RRR SEWER NO APRON CLASSFABRIC CLEANOUT STORMCLASS SEWER CONT IMPROVEMENTS 1 SANITARY BLOCK PIPE MATERIALMATERIAL EXISTING DRAINAGE EXISTING RAINWATER DRAINAGE FILTER SHRUB 35 DRAIN SEWER NO DISPOSEIRREGULARINSTALLINSTALLINSTALL TO RIPRAP STORMSANITARY &&& & HDPECORRUGATEDCORRUGATEDCORRUGATED EXISTING QUALITY PERFORATEDSDR PIPE PIPE FOUNDATION BEDDINGBEDDING STACK RC INCHINCHINCHINCH PVC INCHINCH IMPROVEMENTS IMPROVEMENTS SYSTEM Item SYSTEM SEWER SEWER Item STORMSANITARY 2104.5022104.502/08015REMOVE2104.5022104.502/08017REMOVE/ABANDON2104.5022104.502/08012.5SALVAGE2411.6182411.618/00621DRY2451.6032451.603/00071PIPE2451.6032451.603/00073ROCK2501.5022501.502/4702518250 2.5022502.502/002014"2502.5032502.503/1301342503.5032503.503/91208122503.5032503.503/91209152503.5032503.503/91210182503.5032503.503/1518418"2503.5022503.502/00082CONNECT2506.5022506.502/06021CONSTRU CT2506.5022506.502/06022CONSTTRUCT2506.5022506.502/06026FURNISH2506.5022506.502/06028FURNISH2506.5022506.502/06030FURNISH2506.5022506.502/06034ADJUST2506.6012506.601/00042REHABILITATE2511.5072511.507 /00017GEOTEXTILE2511.5072511.507/00014RANDOM2571.5022571.502/37002DECIDUOUS2571.5022571.502/73001PERENNIAL2571.5022571.502/80013LANDSCAPING2571.6182571.618/00010RESIDENTIAL2573.5012573.501/00011WATER 2104.5022104.502/08012SALVAGE2451.6032451.603/00072PIPE2503.5032503.503/912078 Council Packet Page Number 327 of 431 J2, Attachment 3 437,636.05577,679.59 110,920.00670,471.50 4,376,360.50 4,376,360.504,813,996.55 Estimated $ $$$$$$$ $$$$$$$$$$ $$$ 5,391,676.14 TOTAL = == 9.007,200.005.006,375.001.001,500.005.0047,500.006.003,840.00 22.0027,500.0033.002,970.0019.009,500.0013.0063,050.0033.0077,550.0033.0052,800.0060.003,000.00 520.0062,400.00165.0014,850.00586.0011,720.00 TOTALTOTAL 2,250.0018,337.503,444.0033,579.002,050.00323,900.00 QuantityCost SUBTOTAL Estimated $ $$ $ $ 5 1 . 9.75 Unit 90.0090.0050.0020.00 120.00500.00158.00 Price Estimated $$$$$$$$$$$$$$$$$$ 16 FF8FFY B LLLL S Costs: L Costs: TON Unit EACH1,250.00EACH1,500.00EACH4,850.00EACH2,350.00EACH1,600.00EACH640.00 EACH800.00EACH1,275.00EACHEACHEACH9,500.00 Costs: 22 Subtotal: Expenses: Contingencies: Fiscal Project Easement Project 10% Construction and + City Legal, Estimated + Estimated Estimated Total Subtotal Geotechnical, Improvements, 12.0% + 410A Street OR 410 Area PLATE Sterling MAPLEWOOD PER Myrtle Description SEWER SANITARY REPLACEMENT FOR Estimate, D14) LID ONLY) SERVICE TYPES) PLATE Cost 0015 AREAS (ALL SEWER 1422 CUT R & STANDARD CASTING MAIN) (OPEN 52 BOX SANITARY CL FRAME 40 SIZE) (SPRWS Preliminary SEWERAND A WATER STANDARD)BOXFITTINGS IRON STOP (ANY 1678 (FOR VALVE AND SPECIAL R IRON SCHEDULE SANITARY MAIN COPPER DUCTILE STOP BOX K BOX BOX GREY VALVE INCH BACKFILL INSTALL 6 (MAPLEWOOD &CURBCORPERATIONTYPE HYDRANTWATERASSEMBLY AND EXISTINGCURBVALVE VALVE ORGATEINSULATION INCHINCHINCH WATERMAIN INCHINCHINCH IMPROVEMENTS Item SYSTEM Item WATER 2503.5032503.503/9120542506.5022506.502/06031FURNISH2506.5022506.502/06036ADJUST2104.5022104.502/00002REMOVE2104.5032104.503/00001REMOVE2451.6092451.609/99982GRANULAR2504.6022504.602/99984ADJUST2504. 6022504.602/99985REPAIR2504.6022504.602/99986ADJUST2504.6022504.602/99989.5HYDRANT2504.6022504.602/10000982504.6022504.602/1000011.02504.6022504.602/1000031.02504.6032504.603/010828"2504.6032504.603/ 1000051.02504.6042504.604/100006.522504.6082504.608/100011DUCTILE2506.6022506.602/99996CASTING Council Packet Page Number 328 of 431 J2, Attachment 3 Exhibit9 PreliminaryAssessmentRoll MyrtleSterlingAreaStreetImprovements CityProject2216 ParcelIDSiteAddressPropertyTypeImprovementTypeUnits/FrontFootageAssessment 2429221200271600STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200281590STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200222546IDAHOAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200212554IDAHOAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ ResidentialSingleUnitFull 2429221200152531IDAHOAVEEReconstructionRate16,600.00$ 2429221200101650STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200242526IDAHOAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200252516IDAHOAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200261610STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200142525IDAHOAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100441667STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100451659STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200111640STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200132515IDAHOAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200121630STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200091654STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200232534IDAHOAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100431673STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429221200491580STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100621618MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100631610MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100511587STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100602483IDAHOAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100521581STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100501593STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100592493IDAHOAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100611615STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100491601STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100641602MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100481607STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100582499IDAHOAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100461653STERLINGSTNResidentialSingleUnitFullReconstructionRate16,600.00$ 2429222100572473IDAHOAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100751617MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100701579MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100731603MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100721595MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100741611MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100711587MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100651594MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100661586MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100671578MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100681570MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100691571MARYSTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 2429222100800MONTANAAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329224200322520KNOLLCIREResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329224200312525KNOLLCIREResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329224200302519KNOLLCIREResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329224200292513KNOLLCIREResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329224200282507KNOLLCIREResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329224200342508KNOLLCIREResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329224200332514KNOLLCIREResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223200681841MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200881836MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200671835MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200821837LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200641815MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200811825LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200651821MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200661831MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200761828MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200321888MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200711861MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200741858MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200871848MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200051900MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ Council Packet Page Number 329 of 431 J2, Attachment 3 1329223200691847MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200841855LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200801815LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200631807MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200781806MYRTLESTNResidentialSingleUnitFullReconstruction&PaveRehab0.55,025.00$ 1329223200721867MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200311892MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200731866MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200701855MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200771818MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223400151777LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400081766LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400091770LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400101774LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400161771LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400181763LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223200831845LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200791809LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223400171767LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300782328KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300772320KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300802342KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400131787LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400141783LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400191757LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400201751LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400211747LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400031746LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400041750LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400051754LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400061758LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400071762LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300871780MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300692315KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300732290KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223200042354HOLLOWAYAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200331891LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200021895LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200341887LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200291887MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223400121784LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400111778LAKEWOODDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300831761MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300792334KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300672331KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300682323KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300662339KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300712299KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300702307KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300722291KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300742298KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300752306KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300762314KINGSTONAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300811769MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300821765MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300841757MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300851753MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300881774MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300891768MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300901760MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223300911752MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400261748MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223400271749MYRTLESTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 1329223100492410HOLLOWAYAVEECommercial/MultiFamilyFullReconstruction&PaveRehab1393175,056.00$ 1329223200061905MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200301895MYRTLESTNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200861869LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ 1329223200851863LAKEWOODDRNResidentialSingleUnitFullReconstructionRate16,600.00$ $824,481.00 ResidentialSingleUnitPavementRehabilitationRate$3,450.00 Council Packet Page Number 330 of 431 J2, Attachment 3 Commercial/Townhome/MultiFamilyPavementRehabilitationRate/FrontFoot$69.00 ResidentialSingleUnitFullReconstructionRate$6,600.00 Commercial/Townhome/MultiFamilyFullReconstructionRate/FrontFoot$132.00 Council Packet Page Number 331 of 431 J2, Attachment 3 Exhibit10 Full Recon. Frontage (1253 LF) 1806 Myrtle 1/2 Unit Pave. Rehab. Rate Pavement Rehab. Frontage 1/2 Unit Full Recon. Rate (140 LF) =Commercial/Multi-FamilyPavementRehabilitationRate=$69/Front-Foot =ResidentialPavementRehabilitationRate=$3,450/Unit =Commerical/Multi-FamilyFullReconstructionRate=$132/Front-Foot =ResidentialFullReconstructionRate=$6,600/Unit Council Packet Page Number 332 of 431 J2, Attachment 3 =Commercial/Multi-FamilyPavementRehabilitationRate=$69/Front-Foot =ResidentialPavementRehabilitationRate=$3,450/Unit =Commerical/Multi-FamilyFullReconstructionRate=$132/Front-Foot =ResidentialFullReconstructionRate=$6,600/Unit 333 Council Packet Page of 431 Number J2, Attachment 3 =Commercial/Multi-FamilyPavementRehabilitationRate=$69/Front-Foot =ResidentialPavementRehabilitationRate=$3,450/Unit =Commerical/Multi-FamilyFullReconstructionRate=$132/Front-Foot =ResidentialFullReconstructionRate=$6,600/Unit Council Packet Page Number 334 of 431 J2, Attachment 4 , 2023 th City Council Area Street February 13 ¤ Improvements Myrtle-Sterling Presented to Maplewood ¤ City Project 22-16 Council Packet Page Number 335 of 431 J2, Attachment 4 Avenue Ripley near Street Myrtle Why This Street? 1.50 Miles in LengthAverage PCI Rating Ï35/100 ¤¤ Poor pavement conditionPavement has deteriorated to the pointwhere patching is no longer cost-effective.Some streets completely lack concretecurb and gutter, while others require spotreplacement.Mapl ewood utilities are in need ofupgrade on some streets, while othershave sufficient systems in place.SPRWS has identified 2000-feet of castiron water main in need of replacement.Lack of pedestrian and bicycling facilities. ¤¤¤¤¤¤ Council Packet Page Number 336 of 431 J2, Attachment 4 , 2022 , 2023 th th Neighborhood Meeting st Resident Communication Project Location Map, FAQ Brochure, Assessment Information,Presentation followed by Q & A SessionAreas of discussion included the project scope, project timeline,cost/funding sources, assessment information, residentcommunication.Online mapping tool for residents to comment on projectÓSocial media-likeÔ in allowing comments, likes, and dislikesPresentation followed by Q & A SessionUpdate from 1 ¤¤¤¤ ¤¤¤ Informational Packet ÏNovember 2022Neighborhood Meeting #1 ÏDecember 5InputIDWebtoolÏDecember 2022Neighborhood Meeting #2 ÏFebruary 10 Council Packet Page Number 337 of 431 J2, Attachment 4 Project Scope Reclamation (grinding/mixing) of existing pavement & aggregate base on pavement rehabilitation streetsFull sand subcutw/soil corrections on full reconstruction streetsReplace existing structurally damaged concrete curb on pavement rehabilitation streets. New concrete curb on others.Repairs to existing system and addition of new storm sewer main and inlets.Replacement of cast iron water main on full reconstruction streets.Installation of new asphalt pavement.Restoration of driveways and boulevards.Offsite fog seal of past improvement project streets. ¤¤¤¤¤¤¤¤ Council Packet Page Number 338 of 431 J2, Attachment 4 Project Costs & Funding Total Estimated Project Cost = $5,391,700Special Benefit AssessmentsSanitary Sewer FundEnvironmental Utility FundG.O. Improvement BondsW.A.C. FundSt. Paul Regional Water Services ¤¤¤¤¤¤¤ Project CostProject Funding Council Packet Page Number 339 of 431 J2, Attachment 4 What is a Special Assessment? Funding source utilized to finance a portion of public improvementsMaximum rates are set by the City Council on a yearly basis.Independent appraisal firm hired to determine benefit received by properties.Per Minnesota State Statute 429 the assessment amount cannot be more than the direct benefit to the property. ¤¤¤¤ Council Packet Page Number 340 of 431 J2, Attachment 4 Special Assessment Assessment amountPayment optionsDeferral optionsRight to object ¤¤¤¤ Residents will be mailed an official assessment noticeNeighborhood meeting in the fall of 2023 to cover assessments ¤¤ Assessment Hearing ÏSeptember 2023Prior to the Assessment Hearing ¤¤ Council Packet Page Number 341 of 431 J2, Attachment 4 , 2023 th , 2023 th , 2023 th Tentative Project Schedule Residents provide input on proposed improvementsCouncil votes after public hearing ¤¤ Council Receives Feasibility Study ÏFebruary 13Neighborhood Meeting #2 ÏFebruary 10Public HearingÏFebruary 27Neighborhood Meeting #3 ÏMay 2023Award of Contract ÏApril 2023Construction ÏJune to October 2023Assessment HearingÏSeptember 2023 ¤¤¤¤¤¤¤ Council Packet Page Number 342 of 431 J2, Attachment 4 Recommendation Approve Resolution Accepting Feasibility Study, Authorize Preparation of Plans & Specifications, and Call for a Public Hearing for Myrtle-Sterling Area Street Improvements, City Project 22-16 ¤ Council Packet Page Number 343 of 431 J3 CITY COUNCILSTAFF REPORT Meeting Date February 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love AGENDA ITEM: Resolution Accepting Feasibility Study, Authorizing Preparation of Plans & Specifications, and Calling for a Public Hearing for Woodlynn-Southlawn Area Street Improvements, City Project 22-17 Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City of Maplewood Engineering Department prepares a feasibility report prior to project design for municipal public improvement projects in accordance with State Statute 429. The report is an essential element in the public improvement process, as it provides detailed information on the existing site conditions, the proposed improvements, resident input, special assessments, project costs, project financing, a tentative schedule, and recommendations on the feasibility of the improvements. Accepting the feasibility report and ordering the public hearing is one of the first steps in the public improvement process. Recommended Action: Motion to approve a Resolution Accepting the Feasibility Report, Authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing at 7:00 p.m. on February 27, 2023 for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $3,527,800 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, Street Revitalization Fund, G.O. Improvement Bonds, and the W.A.C. Fund. Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Council Packet Page Number 344 of 431 J3 The Woodlynn-Southlawn neighborhood streets represent an important part of the City’s infrastructure, serving as a connection to local residential properties and businesses. The city streets and utilities included in the project have deteriorated beyond the point of regular annual maintenance and are in need of replacement. Background The Feasibility Study for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17, is complete and available in the office of the City Engineer. A copy of the Feasibility Report has been included as an attachment to this report. The study includes information on the existing site conditions, proposed improvements, anticipated schedule, costs, financing and recommendations. The city streets included in the Woodlynn-Southlawn project total approximately 1.77 miles in length and have an average Pavement Condition Index (PCI) rating of 37/100. The PCI rating is based on a visual survey of the pavement and is a number between 0 and 100, with 0 being the worst possible pavement condition and 100 being the best possible pavement condition (i.e. a new road). The project streets are bounded by County Road D to the north, Hazelwood Street to the west, County Road C to the south, and McKnight Road to the east. This project is a part of the 2023 – 2027 Maplewood Capital Improvement Plan (CIP). Should the project be approved, construction would begin in June of 2023. The existing street pavement and aging utility infrastructure on the project streets present an ongoing maintenance problem for the City of Maplewood Street and Utility Departments. Of the infrastructure elements the city maintains, the bulk of the maintenance activities consist of patching the roadway, crack sealing, filling potholes, and maintaining the aging utility infrastructure. The condition of the existing street 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. This project would include the following improvements: Pavement rehabilitation of the following streets to include full depth reclamation (FDR) of existing pavement and underlying aggregate base, full replacement of the existing bituminous pavement, spot replacement of concrete curb and gutter and subgrade corrections as necessary. o Woodlynn Avenue o Ariel Street o Furness Court o Southlawn Drive o Kennard Street o Germain Court Full reconstruction of the following streets to include the FDR of existing pavement and underlying aggregate base, subgrade corrections and construction of new concrete curb and gutter. o Radatz Avenue Saw & seal of control joints for the new bituminous pavement. New striping and pavement markings on applicable streets. Removal and replacement of outdated pedestrian features on project streets and installation of new pedestrian connections on Woodlynn Avenue and Street. Council Packet Page Number 345 of 431 J3 Replacement of outdated sanitary and storm sewer castings and structures. Restoration of driveways, turf and landscape features impacted by the project. Staff utilized the City’s consultant, SRF Consulting Group, to take an in-depth look at the existing roadway width and future traffic and pedestrian needs on Woodlynn Avenue between Ariel Street and McKnight Road. Options were investigated that would reduce traffic speeds, improve corridor safety, reduce the amount of impervious surface, and design Woodlynn Avenue to better meet traffic and pedestrian needs. It is recommended that Woodlynn Avenue, between Ariel Street and McKnight Road, be reduced to one driving lane in each direction along with parking lanes or shared-use shoulders on either side. In addition, missing sidewalk segments as guided by the City’s Living Street’s Policy and Comprehensive plan should be installed during the project. Staff will continue to work with SRF consulting to finalize the proposed street layout during the project design. These concepts will be conveyed to area residents during the upcoming Neighborhood meetings. In 2022, the City of Maplewood Sanitary Sewer Department performed televising and manhole inspections of the sewer system within the project streets. Based on the results of the reports, staff are recommending no repairs to the existing piping system. St. Paul Regional Water Services (SPRWS) and The City of North St. Paul (NSP) both own and maintain water main systems within the project limits. SPRWS and NSP have looked at the condition and age of the water main systems on the project streets. At this time, both are recommending leaving the existing systems in place. The goal of this project is to rehabilitate the pavement surface and therefore does not include any major utility upgrades or repairs. The storm water goals for this project include the replacement of outdated and broken storm sewer castings, replacement of deteriorated manhole/catch basin adjustment rings, adjustment of all manhole castings to the final surface elevation and the adjustment of storm sewer on Woodlynn Avenue to accommodate the narrowing of the roadway. Neighborhood Correspondence On August 8, 2022, the Maplewood City Council ordered the preparation of a feasibility study for the Woodlynn-Southlawn Area Street Improvement project. On August 10, 2022 a letter was mailed to the residents to provide information on the council’s action and to notify them about preliminary engineering activities would begin during the fall of 2022. Staff mailed initial informational packets to impacted residents on November 30, 2022. The packet informs project residents about a number of topics including street construction frequently asked questions, special assessments, and Neighborhood Meeting Invite #1. The first informational neighborhood meeting was held virtually on December 6, 2022. Staff mailed out the invitation to 141 property owners affected by the construction project, with approximately 14 attended the meeting. The meeting included a presentation followed by a question and answer session. Items discussed at this meeting included the public improvement process, construction process, existing conditions, proposed improvements, assessment information, and an estimated project timeline. The majority of the conversation revolved around property access during construction, current pavement conditions, the general construction process, proposed improvements, drainage concerns, sidewalks, pedestrian safety, speeding concerns, roadway Council Packet Page Number 346 of 431 J3 widths, cut through traffic on Radatz Avenue, street lighting, and assessments. The majority of residents in attendance were generally in favor of the project. Following the meeting, staff posted the meeting minutes and the presentation slide deck on the project website for residents to view. Following the first neighborhood meeting, Staff reviewed the City’s Comprehensive Plan, Parks Master Plan, and Living Streets Policy to see what additional guidance these documents could provide for sidewalks and trails in the project area. Staff have mapped the location of existing sidewalks and trails in the region along with those being proposed for the future. After considering all of this information, along with the feedback heard from residents, staff have created a preliminary sidewalk layout that fills in several large missing gaps of sidewalks on Woodlynn Avenue and Ariel Street as noted in the feasibility report. Staff utilized the City’s consultant, Bolton & Menk Inc., to create an easy to use online mapping tool, InputID, for residents to provide direct input on the project. On December 29, 2022, residents were mailed an informational letter on how to access and use the web tool. The system is ‘social-media like’ with the ability for residents to provide comments on a map and to like or dislike comments. Staff have received many great questions and comments about the project and have received good feedback from residents via this tool. Additional neighborhood meetings and stakeholder correspondence are planned throughout the public improvement process to continue conversations with area residents and to ensure that everyone affected by the potential project is well informed and has had multiple chances to provide input on the project. The next neighborhood meeting will be held on February 7, 2023 before the public hearing. Assessments An independent appraisal firm has been hired to provide an opinion of special benefit received by properties within the neighborhood project area. This information will ultimately be utilized to determine the special benefit assessment amounts for the project area. The rates established in the City’s Special Assessment Policy were utilized at this time to generate a preliminary assessment roll. Based on the City of Maplewood’s Pavement Management Policy, parcels are assessed on an equal “unit” basis. However, per Minnesota State Statute 429, the assessment amount cannot be greater than the benefit received by the property from the type(s) improvement. Ultimately the special benefit appraisal report will determine the final assessment amounts for the properties proposed to be assessed as a part of the project. For the purposes of this report and establishing a project financing plan, the preliminary assessment rate(s) are as follows. Residential Single Unit, Pavement Rehabilitation Rate = $3,450.00/unit Commercial Unit, Pavement Rehabilitation Rate = $69.00/front-foot Residential Single Unit, Full Reconstruction = $6,600.00/unit Commercial Unit, Full Reconstruction = $132.00/front-foot The assessment hearing is currently proposed to be held September of 2023. Council Packet Page Number 347 of 431 J3 Estimated Project Cost The total estimated project cost is $3,527,800 and is outlined below: Estimated Project Cost Summary Proposed Improvements Total Amount % of Total Street Improvements$3,169,00090% Drainage Improvements $227,000 6% Sanitary Sewer Improvements $73,500 2% Water System Improvements $58,300 2% Total Estimated Project Cost: $3,527,800 100% The estimated costs include 10% contingencies and 12% overhead, which include geotechnical, legal, and fiscal expenses. 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, Street Revitalization Fund, and the W.A.C. Fund. 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 General Obligation (GO) Bonds$348,600 10% Environmental Utility Fund $227,000 6% Sanitary Sewer Fund $73,500 2% Water Area Fund $58,300 2% Street Revitalization Fund $1,822,700 52% Special Benefit Assessments $997,700 28% Total Estimated Project Funding: $3,527,800 100% The estimated project costs and funding needs are significantly lower than those estimated in the approved Capital Improvement Plan ($4,860,350) due to less utility and subgrade corrections needed than anticipated. The unused funds from this project will be utilized to offset the additional funding needs on the proposed Myrtle-Sterling Project. The estimated project costs and the preliminary project funding plan have been reviewed by the Finance Director. Council Packet Page Number 348 of 431 J3 Project Schedule The following is a tentative schedule for City Project 22-17 should it be determined to proceed with the project: Project MilestoneDate Order Preparation of Feasibility Study 8/8/2022 Neighborhood Meeting #112/6/2022 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/13/2023 Plans & Specifications Neighborhood Meeting #22/7/2023 Public Hearing & Order Improvement2/27/2023 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/13/2023 Authorize Preparation of Assessment Roll Bid Opening4/12/2023 Award Contract 4/24/2023 Neighborhood Meeting #3May 2023 Begin Construction June 2023 Accept Assessment Roll & Order Assessment Hearings 8/14/2023 Neighborhood Meeting #49/6/2023 Assessment Hearing and Adopt Assessment Roll9/11/2023 Complete Construction November 2023 Assessments Certified to Ramsey County November 2023 Attachments 1. Resolution Accepting Feasibility Study 2. Project Location Map 3. Feasibility Report 4. Presentation Slides Council Packet Page Number 349 of 431 J3, Attachment 1 RESOLUTION ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING th WHEREAS, pursuant to a resolution of the council adopted August 8, 2022, a report hasbeen prepared by the City Engineering Division with reference to the improvement of the Woodlynn- Southlawn Area Street Improvements, City Project 22-17, and this report was received by the council th on February 13, 2023. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City Council will consider the Woodlynn-Southlawn Area Street Improvements, City Project 22-17 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total project cost of $3,527,800. 2. The City Engineer or his designee is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The Finance Director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $3,527,800 shall be established. The proposed financing plan is as follows: Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (GO) Bonds $348,60010% Environmental Utility Fund$227,0006% Sanitary Sewer Fund $73,5002% Water Area Fund $58,3002% Street Revitalization Fund$1,822,70052% Special Benefit Assessments $997,70028% Total Estimated Project Funding:$3,527,800100% th 4. A public hearing shall be held on such proposed improvement on the 27day of February, 2023 at 7:00 PM. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. th Approved this 13day of February, 2023 Council Packet Page Number 350 of 431 J3, Attachment 2 Council Packet Page Number 351 of 431 J3, Attachment 3 Feasibility Report Woodlynn-Southlawn Area Street Improvements City Project,22-17 Ariel Street, Furness Court, Germain Court, Kennard Street, Radatz Avenue, Southlawn Drive, Woodlynn Avenue I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Signature: ____________________________ Jonathon E.Jarosch, P.E. 2/7/2023 Date: _______________________ License No. 49105 Document Prepared by: Tyler M. Strong, E.I.T. CityofMaplewood Public Works DepartmentOffice 651-249-2400 1902County Road B EastFax651-249-2409 Maplewood, MN 55109www.maplewoodmn.gov i Council Packet Page Number 352 of 431 J3, Attachment 3 TABLE OF CONTENTS Table of Contents ............................................................................................................................ ii EXECUTIVE SUMMARY ............................................................................................................... iv Project Summary........................................................................................................................ iv Project Cost ............................................................................................................................... v Proposed Financing ................................................................................................................... v Schedule .................................................................................................................................... vi 1.0 INTRODUCTION ..................................................................................................................... 1 1.1 General ................................................................................................................................ 1 1.2 Property Owner Correspondence ........................................................................................ 1 1.3 Property Owner Concerns.................................................................................................... 2 1.31 Speeding ........................................................................................................................ 2 1.32 Sidewalks and Pedestrian Safety ................................................................................... 2 1.33 Radatz Avenue Cut-through Traffic ................................................................................ 2 1.34 Street Lighting ................................................................................................................ 2 2.0 EXISTING CONDITIONS ......................................................................................................... 2 2.1 Street History ....................................................................................................................... 2 2.2 Pavement Condition ............................................................................................................. 3 2.3 Geotechnical Summary ...................................................................................................... 12 2.31 Soil Conditions ............................................................................................................. 12 2.32 Existing Pavement ....................................................................................................... 12 2.33 Geotechnical Conclusions ............................................................................................ 12 2.4 Existing Curb ...................................................................................................................... 13 2.5 Existing Utilities .................................................................................................................. 13 2.51 Sanitary Sewer ............................................................................................................. 13 2.52 Water Main ................................................................................................................... 13 2.53 Storm Sewer and Drainage .......................................................................................... 13 3.0 PROPOSED IMPROVEMENTS ............................................................................................ 14 3.1 Living Streets Î Street Widths, Sidewalks, and Geometrics .............................................. 14 3.2 Pavement Reconstruction Means & Methods .................................................................... 15 3.21 Pavement Rehabilitation .............................................................................................. 15 3.22 Full Reconstruction ...................................................................................................... 15 City of Maplewood Public Works Department Office 651-249-2400 1902 County Road B East Fax 651-249-2409 Maplewood, MN 55109 www.maplewoodmn.gov ii Council Packet Page Number 353 of 431 J3, Attachment 3 3.2 Concrete Curb and Gutter .................................................................................................. 16 3.31 Spot Replacement ........................................................................................................ 16 3.32 Full Replacement ......................................................................................................... 16 3.3 Pedestrian Improvements .................................................................................................. 17 3.4 Storm Water ....................................................................................................................... 17 3.5 Water main ......................................................................................................................... 17 3.6 Sanitary Sewer ................................................................................................................... 17 3.8 Lighting .............................................................................................................................. 17 4.0 MISCELLANEOUS PRIVATE UTILITIES .............................................................................. 17 5.0 EROSION CONTROL ............................................................................................................ 18 6.0 TRAFFIC CONTROL ............................................................................................................. 18 7.0 PROJECT COST ................................................................................................................... 18 8.0 COST RECOVERY ................................................................................................................ 19 9.0 PROJECT SCHEDULE .......................................................................................................... 20 10.0 CONCLUSIONS AND RECOMMENDATION ...................................................................... 21 APPENDIX A ............................................................................................................................... 22 Exhibit 1 Î Project Location Map Exhibit 2 Î Sidewalk Location Map Exhibit 3 Î Geotechnical Report Exhibit 4 Î Subwatershed Boundary Exhibit 5 Î Living Streets Streetscapes Exhibit 6 Î Improvement Type Map Exhibit 7 Î B618 Standard Curb & Gutter Plate Exhibit 8 Î Cost Estimate Exhibit 9 Î Preliminary Assessment Roll Exhibit 10 Î Preliminary Assessment Map City of Maplewood Public Works Department Office 651-249-2400 1902 County Road B East Fax 651-249-2409 Maplewood, MN 55109 www.maplewoodmn.gov iii Council Packet Page Number 354 of 431 J3, Attachment 3 Woodlynn-Southlawn Area Street Improvements City Project, 22-17 EXECUTIVE SUMMARY Ariel Street, Furness Court, Germain Court, Kennard Street, Radatz Avenue, Southlawn Drive, Woodlynn Avenue Project Summary This feasibility report has been prepared for the Woodlynn-Southlawn Area Street Improvements, City of Maplewood Project 22-17. The above referenced streets total approximately 1.77 miles in length. The project area, as depicted in Exhibit 1, is bounded by County Road D to the north, Hazelwood Street to the west, County Road C to the south, and McKnight Road to the east. This project is a part of the 2023 Î 2027 Maplewood Capital Improvement Plan (CIP). After review and approval from City Council, construction would begin in June of 2023. The proposed improvements include the following: Pavement rehabilitation of the following streets to include full depth reclamation (FDR) of existing pavement and underlying aggregate base, full replacement of the existing bituminous pavement, spot replacement of concrete curb and gutter and subgrade corrections as necessary. o Woodlynn Avenue o Ariel Street o Furness Court o Southlawn Drive o Kennard Street o Germain Court Full reconstruction of the following street to include; full depth reclamation (FDR) of existing pavement and underlying aggregate base, full removal of the existing bituminous pavement, subgrade correction and construction of new concrete curb and gutter. o Radatz Avenue Saw & seal of control joints for the new bituminous pavement. New striping and pavement markings on applicable streets. Removal and replacement of outdated pedestrian features on project streets and installation of new pedestrian connections on Woodlynn Avenue and Ariel Street. Replacement of outdated sanitary and storm sewer castings and structures. Restoration of driveways, turf and landscape features impacted by the project. City of Maplewood Public Works Department Office 651-249-2400 1902 County Road B East Fax 651-249-2409 Maplewood, MN 55109 www.maplewoodmn.gov Council Packet Page Number 355 of 431 iv J3, Attachment 3 Project Cost The estimated costs include a 10% construction contingency and a 12% allowance for geotechnical, legal, and fiscal expenses. Estimated Project Cost Summary Proposed Improvements Total Amount % of Total Street Improvements $3,169,000 90% Drainage Improvements $227,000 6% Sanitary Sewer Improvements $73,500 2% Water System Improvements $58,300 2% Total Estimated Project Cost: $3,527,800 100% Proposed Financing The improvements are to be financed through General Obligation (GO) Bonds, Environmental Utility Fund, Sanitary Sewer Fund, Water Area Fund, Street Revitalization Fund and Special Benefit Assessments. Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (GO) Bonds $348,600 10% Environmental Utility Fund $227,000 6% Sanitary Sewer Fund $73,500 2% Water Area Fund $58,300 2% Street Revitalization Fund $1,822,700 52% Special Benefit Assessments $997,700 28% Total Estimated Project Funding: $3,527,800 100% City of Maplewood Public Works Department Office 651-249-2400 1902 County Road B East Fax 651-249-2409 Maplewood, MN 55109 www.maplewoodmn.gov Council Packet Page Number 356 of 431 v J3, Attachment 3 Schedule The following is a tentative schedule for City project 22-17. Project Milestone Date Order Preparation of Feasibility Study 8/8/2022 Neighborhood Meeting #1 12/6/2022 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/13/2023 Plans & Specifications Neighborhood Meeting #2 2/7/2023 Public Hearing & Order Improvement 2/27/2023 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/13/2023 Authorize Preparation of Assessment Roll Bid Opening 4/12/2023 Award Contract 4/24/2023 Neighborhood Meeting #3 May 2023 Begin Construction June 2023 Accept Assessment Roll & Order Assessment Hearings 8/14/2023 Neighborhood Meeting #4 9/6/2023 Assessment Hearing and Adopt Assessment Roll 9/11/2023 Complete Construction November 2023 Assessments Certified to Ramsey County November 2023 City of Maplewood Public Works Department Office 651-249-2400 1902 County Road B East Fax 651-249-2409 Maplewood, MN 55109 www.maplewoodmn.gov Council Packet Page Number 357 of 431 vi J3, Attachment 3 Feasibility Report Woodlynn-Southlawn Area Street Improvements City Project, 22-17 Ariel Street, Furness Court, Germain Court, Kennard Street, Radatz Avenue, Southlawn Drive, Woodlynn Avenue 1.0 INTRODUCTION 1.1 General On August 8, 2022, the Maplewood City Council ordered the preparation of a feasibility study for the Woodlynn-Southlawn Area Street Improvement project. The project area includes the streets shown in Exhibit 1. The project streets are bounded by; County Road D to the north, Hazelwood Street to the west, County Road C to the south, and McKnight Road to the east. These streets are part of the CityÓs 2023 Î 2027 Maplewood Capital Improvement Plan (CIP). After review and approval from City Council, construction would begin in June of 2023. The existing street pavement and aging utility infrastructure on the project streets present an ongoing maintenance problem for the City of Maplewood Street and Utility Departments. Of the infrastructure elements the city maintains, the bulk of the maintenance activities consist of patching the roadway, crack sealing, filling potholes, and maintaining the aging utility infrastructure. 1.2 Property Owner Correspondence On August 8, 2022, the Maplewood City Council ordered the preparation of a feasibility study for the Woodlynn-Southlawn Area Street Improvement project. On August 10, 2022 a letter was mailed to the residents to provide information on the councilÓs action and to notify them about preliminary engineering activities would begin during the fall of 2022. Staff mailed initial informational packets to impacted residents on November 30, 2022. The packet informs project residents about a number of topics including street construction frequently asked questions (FAQ), assessments, and a Neighborhood Meeting Invite #1. The first informational neighborhood meeting virtually on December 6, 2022. Staff mailed out the invitation to 141 property owners affected by the construction project, approximately 14 attended the meeting. The meeting included a presentation followed by a question and answer session. Items discussed at this meeting included the public improvement process, construction process, existing conditions, proposed improvements, assessment information, and an estimated project timeline. The majority of the conversation revolved around property access during construction, current pavement conditions, general construction process, proposed improvements, drainage concerns, sidewalks, pedestrian safety, speeding concerns, roadway widths, cut through traffic on Radatz Avenue, street lighting and assessments. The majority of residents in attendance were generally in favor of the project. Following the meeting, staff posted the meeting minutes and the presentation slide deck on the project website for residents to view. Following the first neighborhood meeting, Staff reviewed the CityÓs Comprehensive Plan, Parks Master Plan, and Living Streets Policy to see what additional guidance these documents could provide for sidewalks and trails in the project area. Staff have mapped the location of existing sidewalks and trails in the region along with those being proposed for the future. After considering all of this information, along with the feedback heard from residents, staff have created a 1 Council Packet Page Number 358 of 431 J3, Attachment 3 preliminary sidewalk layout map shown in Exhibit 2. Staff along with our consultant partners at Bolton & Menk Inc. have created an easy to use online mapping tool, InputID, for residents to provide direct input on the project. On December 29, 2022, residents were been mailed an informational letter on how to access and use the tool. The system is Òsocial-media likeÓ with the ability to provide comments on the map along with liking or disliking comments. Staff have received many questions and comments about the project on InputID and have received good feedback from residents about the tool. Additional neighborhood meetings and stakeholder correspondence are planned throughout the public improvement process to continue conversations with area residents and to ensure that everyone affected by the potential project is well informed and has had multiple chances to provide input on the project. The next neighborhood meeting will be held in February before the public hearing. 1.3 Property Owner Concerns 1.31 Speeding Staff received numerous concerns from residents about speed on Woodlynn Avenue and Radatz Avenue. Staff will be looking into options during design to reduce speeding on these streets. 1.32 Sidewalks and Pedestrian Safety A comment was received from an area resident inquiring about the potential for the addition of a sidewalk on Radatz Avenue and Southlawn Drive. 1.33 Radatz Avenue Cut-through Traffic Staff received a comment from a resident on Radatz Avenue about their concern with cut through traffic. Likewise, Staff have received inquiries in the past about a desire to stop cut-through traffic on Radatz Avenue. Area residents were informed at the meeting that the only way to eliminate cut- through traffic on Radatz Avenue would be to close it off from White Bear Avenue, which would require a resident driven effort to consider. Some residents at the meeting noted that closing Radatz off from White Bear Avenue was undesirable. 1.34 Street Lighting A few residents have asked if street lighting would be considered as a part of this project. Staff will review area street lighting to ensure it meets the policy requirements. The City policy calls for streetlights for traffic safety purposes, typically at intersections, culs-de-sac, and major curves in the road. 2.0 EXISTING CONDITIONS 2.1 Street History The majority of the project streets were constructed in the 1970Ós and 1980Ós as water and sewer was extended to the area to service properties. After the 1980Ós a few smaller rehabilitation projects were conducted in the area focused on maintaining street pavement, replacing failing utilities and adding new utilities to facilitate development in the area. The streets included in the Woodlynn-Southlawn Area Street Improvement project are classified as local streets. Local streets provide conveyance for vehicle traffic between local properties and collector streets nearby such as White Bear Avenue, Lydia Avenue, McKnight Road and Beam Avenue. 2 Council Packet Page Number 359 of 431 J3, Attachment 3 The majority of the project streets carry traffic volumes less than 1,000 vehicles per day with Woodlynn Avenue, Southlawn Drive and Ariel Street being the exceptions. Woodlynn Avenue, Southlawn Drive and Ariel Street are higher volume local streets. They convey vehicle traffic to points of interest such as local businesses and high density housing areas. All streets are signed 30 MPH. Widths of existing streets vary slightly and are somewhat irregular with respect to their lengths. Table A summarizes the average widths of all existing streets within the scope of this study. The averages are based on new topographic data taken in 2022 and measurements along each street length. Where concrete curb and gutter is present, widths are measured from toe-of-curb to toe-of- curb. Where concrete curb and gutter is not present, widths are measured from the edges of the existing asphalt pavement. Table A: Existing Street Widths Woodlynn-Southlawn Area Street Improvements Street From/To Average Width (ft.) Ariel Street Lydia Avenue/County Road D 32 Furness Court Lydia Avenue/Cul-de-sac 30 Germain Court County Road C/Cul-de-sac 30 Kennard Street Beam Avenue/Parking lot 22 Radatz Avenue White Bear Avenue/Southlawn Drive 30 Southlawn Drive Beam Avenue/Mesabi Avenue 33 Woodlynn Avenue White Bear Avenue/McKnight Road 48 2.2 Pavement Condition The streets associated with this project have a combined length of approximately 1.77 miles. The Pavement Condition Index (PCI) method was used to determine the condition of the project street pavement. The PCI method of rating pavement is based on a visual survey of the pavement and is a number between 0 and 100 indicating the condition of a roadway, with zero being the worst possible pavement condition and 100 being the best possible condition (i.e. a new road). The PCI method was developed by the United States Army Corps of Engineers and is widely used in asset management and transportation civil engineering. It is the CityÓs general goal to have 75-percent of local streets at a rating of 70 or above. According to the pavement condition survey, the project streets have a weighted average PCI rating of 37. A summary of the street segments and their corresponding PCI ratings are shown in Table B. Table B: Pavement Condition Index (PCI) Woodlynn-Southlawn Area Street Improvements StreetFrom/ToFeet 2022PCI Ariel Street 914 Woodlynn Avenue/County Road D 47 Ariel Street 578 Lydia Avenue/Woodlynn Avenue 48 Furness Court 301 Lydia Avenue/Cul-de-sac 51 Germain Court 400 County Road C/Cul-de-sac 55 Kennard Street 455 Dead And/200-feet south of Beam Avenue 25 Kennard Street 200 200-feet south of Beam Avenue/Beam Avenue18 Radatz Avenue 1904 Southlawn Drive/White Bear Avenue 25 Southlawn Drive 673 Mesabi Avenue/Radatz Avenue 32 3 Council Packet Page Number 360 of 431 J3, Attachment 3 Southlawn Drive 657 Radatz Avenue/Beam Avenue 30 Woodlynn Avenue 955 White Bear Avenue/Ariel Street 40 Woodlynn Avenue 2309 Ariel Street/McKnight Road 43 Total Length (Miles) = 1.77 Weighted Average 2022 PCI = 37 The existing streets have failures including, but not limited to, transverse and edge cracking, medium to high severity patching, fatigue (alligator) cracking, severe block cracking, and potholes. A number of areas within the street section have water pooling in them as well. These puddles undergo constant freeze thaw cycles in the winter, which deteriorates the pavement at a much faster rate. Figures 1 - 7 on the following pages display pictures of the level of pavement deterioration on these streets. The pictures provide an accurate representation of the current state of pavement disrepair. 4 Council Packet Page Number 361 of 431 J3, Attachment 3 Woodlynn Avenue FIGURE 1: Pavement Condition ofthe Woodlynn-Southlawn Streets 5 Council Packet Page Number 362 of 431 J3, Attachment 3 Furness Court FIGURE 2: Pavement Condition ofthe Woodlynn-Southlawn Streets 6 Council Packet Page Number 363 of 431 J3, Attachment 3 Germain Court FIGURE 3: Pavement Condition ofthe Woodlynn-Southlawn Streets 7 Council Packet Page Number 364 of 431 J3, Attachment 3 Kennard Street FIGURE 4: Pavement Condition ofthe Woodlynn-Southlawn Streets 8 Council Packet Page Number 365 of 431 J3, Attachment 3 Radatz Avenue FIGURE 5: Pavement Condition ofthe Woodlynn-Southlawn Streets 9 Council Packet Page Number 366 of 431 J3, Attachment 3 Southlawn Drive FIGURE 6: Pavement Condition ofthe Woodlynn-Southlawn Streets 10 Council Packet Page Number 367 of 431 J3, Attachment 3 Ariel Street FIGURE 7: Pavement Condition ofthe Woodlynn-Southlawn Streets 11 Council Packet Page Number 368 of 431 J3, Attachment 3 2.3 Geotechnical Summary Braun Intertec Corporation was hired to prepare a geotechnical investigation report for the purposes of designing and constructing the roadway project. Exhibit 3 contains the summary of the pavement cores and soil borings. 2.31 Soil Conditions The streets in the project area were originally constructed in the 1970Ós and 1980Ós as land was being developed in the area. Based on the soil boring results, fill material was transported to the site to build the roadway sub-base. The fill material varied in soil type and layer thickness. In general, the material consisted of sand (SP), silty sand (SM) and clayey sand/sandy clay (SC). The fill material varied in total layer thickness from just 6-inches to 15-feet below the aggregate base layer. These materials are generally suitable subgrade materials for pavement support when accompanied with a suitable aggregate base layer and asphalt pavement layer(s). Groundwater was observed in 4 of the 21 borings with effective depths ranging from 10.0-feet to 14.0-feet below the ground surface. In areas where ground water levels are high, additional measures for drainage & construction must be taken into consideration. Infiltration rates will generally be moderate to low within the project area due to the presence of clay and silt in the fill material brought in when the roadway was originally constructed. Given the in-situ soil types and moderate elevation of the groundwater table, some areas of the project will benefit from the installation of drain tile to ensure drawdown of groundwater within the street supporting layers. 2.32 Existing Pavement Due to past construction methods, the existing pavement section is quite irregular along its entire length. Table C shown below generalizes the existing pavement section. Table C: Existing Pavement Section Woodlynn-Southlawn Area Street Improvements StreetFrom/ToPavement Aggregate Base Thickness (in.) Thickness (in.) Ariel Street Lydia Avenue/County Road D 9.25 Î 8.75 0 Woodlynn Avenue McKnight Road/White Bear Ave 10.5 Î 6.5 0 Radatz Avenue Southlawn Drive/White Bear Ave 2.5 Î 3.75 6.25 Î 11.0 Southlawn Drive Beam Avenue/Cul-de-sac 2.25 Î 6.0 6.0 Î 12.0 Germain Street County Road C/Cul-de-sac 2.5 Î 3.5 6.0 Î 12.0 Furness Court Lydia Avenue/Cul-de-sac 4.25 Î 4.5 0 Î 6.0 Kennard Street Beam Avenue/Parking Lot 2.5 Î 3.25 3.5 -4.0 2.33 Geotechnical Conclusions Some of the project streets have an inadequate crown that allows water to pond in small depressions and scour the pavement surface. As the street ages, depressions in the pavement trap water, subjecting the pavement to freeze-thaw pop-outs and edge cracking. This deterioration eventually forms potholes over time. The presence of silt and clay found in some locations within the project area are poorly draining and frost susceptible under certain conditions. This can cause freeze-thaw damage within the roadway over time. If these soils are found during the construction of the roadway, it is recommended to remove and replace with a granular material. 12 Council Packet Page Number 369 of 431 J3, Attachment 3 The majority of the streets had a full depth pavement section originally installed in the 1970Ós and 1980Ós. The pavement section is past the end of its useful life. The project streets have deteriorated to the point at which routine maintenance is no longer cost- effective or even possible in some situations. Correcting the drainage problems on the streets, as well as constructing a new pavement section to the most current standards, will allow for a high-quality long-lasting product. This is considered critical to the performance of the CityÓs roadway infrastructure. 2.4 Existing Curb During a rain event, concrete curb and gutter channels storm water runoff into the underground storm sewer system. This method of runoff conveyance is the most effective in preserving streets due to the following: Provides a confining edge for asphalt pavements, which prevents deterioration of asphalt pavement edges. Channels runoff, which prevents erosion of grassy boulevard edges during rain events. Contains vehicle traffic and plowing to the street, which eliminates damage to the boulevard. Reduces long-term costs of pavement maintenance. Provides an improved aesthetic appearance. Existing concrete curb and gutter is present on all of the project streets with the exception of Radatz Avenue. Overall, curb and gutter on the project streets is in good condition with a conservative estimation of 20% being structurally damaged to the extent that it should be removed and replaced. 2.5 Existing Utilities 2.51 Sanitary Sewer The majority of the sanitary sewer in the project area was installed in 1970Ós and 1980Ós as residential and commercial properties were added to the area. These sewer mains consist of 8Ñ to 18Ñ Vitrified Clay Pipe (VCP). During the sanitary sewer main inspection in 2022, Maplewood Public Works crews noted no significant issues with the sanitary sewer main on any of the project streets. The project lies within MaplewoodÓs sanitary sewer districts 22 & 27. The sewage from properties within Districts 22 & 27 flows west, discharging into the Metropolitan Council sewer interceptor along Highway 61. 2.52 Water Main The water main pipe on the project streets was installed in the 1970Ós, 1980Ós and 1990Ós as roads and utilities were constructed to service developing residential and commercial properties in the area. The water main pipe on the Woodlynn-Southlawn project streets is owned and maintained by two different entities, St. Paul Regional Water Services (SPRWS) and the City of North St. Paul (NSP). Records indicate all existing water main pipe on project streets is ductile iron. 2.53 Storm Sewer and Drainage The Woodlynn-Southlawn Area Street Improvement project lies within the Ramsey-Washington Metro Watershed District (RWMWD). As seen in Exhibit 4, the project area contributes runoff to the 13 Council Packet Page Number 370 of 431 J3, Attachment 3 Kohlman Creek Subwatershed. The Kohlman Creek Subwatershed ultimately discharges into the Mississippi River. On streets with existing concrete curb and gutter, staff noted no major deficiencies during the storm sewer inspection performed in the fall of 2022. Some minor deficiencies observed include the deterioration of a few block storm sewer structures, failed structure adjustment rings and broken inlet castings. On streets without concrete curb and gutter (Radatz Avenue), staff noted some deficiencies with the storm sewer system. Some of the issues observed include failed structure adjustment rings, water pooling in boulevards during a storm event, and erosion of boulevard edges. Staff will seek to correct these drainage issues on Radatz Avenue as part of the project design. 3.0 PROPOSED IMPROVEMENTS 3.1 Living Streets Î Street Widths, Sidewalks, and Geometrics The City of Maplewood adopted a Living Streets Policy in January of 2013. The high-level goals of the policy include the following: Encourage people to travel by walking or bicycling. Enhance the safety and security of streets. Maximize the infiltration of storm water. Improve the quality of storm water runoff. Enhance the urban forest. Reduce life cycle costs. Create aesthetically appealing neighborhoods. Overall, the policy promotes narrower streets, pedestrian walkways and improvements, rainwater gardens and additional boulevard trees. Standard design templates for local streets were included as part of the policy and are attached in Exhibit 5. A 28 to 30-foot street width (measured from face of curb to face of curb) is typically utilized on local neighborhood streets. This street width has proven to be adequately wide to accommodate traffic lanes, vehicle parking on one side of the street, and space for local pedestrians and bicyclists. This width typically results in a reduction in the amount of impervious surface and pavement that needs to be maintained in the future. On streets where existing concrete curb and gutter is not present, implementation of the Living Streets Policy is recommended. Staff are recommending a 28-foot wide street (face-of-curb to face- of-curb) for Radatz Avenue. This street width is consistent with the CityÓs Living Streets Policy, ÐLocal Street Option 3Ñ in Exhibit 5. Staff utilized the CityÓs consultant, SRF Consulting Group, to take an in-depth look at the existing roadway width and future traffic and pedestrian needs on Woodlynn Avenue between Ariel Street and McKnight Road. Options were investigated that would reduce traffic speeds, improve corridor safety, reduce the amount of impervious surface, and design Woodlynn Avenue to better meet traffic and pedestrian needs. It is recommended that Woodlynn Avenue, between Ariel Street and McKnight Road, be reduced to one driving lane in each direction along with parking lanes or shared-use shoulders on either side. In addition, missing sidewalk segments as guided by the CityÓs Living StreetÓs Policy and Comprehensive plan should be installed during the project. Staff will continue to work with SRF consulting to finalize the proposed street layout during the project 14 Council Packet Page Number 371 of 431 J3, Attachment 3 design. These concepts will be conveyed to area residents during the upcoming Neighborhood meetings. 3.2 Pavement Reconstruction Means & Methods This project will have a combination of pavement rehabilitation and full reconstruction used depending on the existing conditions of the subject street. Some of the existing conditions taken into consideration for which method utilized include the existing asphalt pavement condition, aggregate base layer, subgrade soils, curb and gutter (or lack thereof), drainage and underlying utilities. Exhibit 6 shows which streets are proposed for full reconstruction and pavement rehabilitation. 3.21 Pavement Rehabilitation Due to the severity and frequency of pavement failures, presence of good quality aggregate base material, good subgrade soils, presence of concrete curb and gutter and the relatively good condition of underlying utilities, staff are recommending the following improvements be made on pavement rehabilitation streets. Full depth reclamation (grinding/mixing) of pavement and underlying aggregate base. Removal of excess reclaim material to account for pavement section. Installation of 3.5 Î 5.0 inches (depending upon the street) of bituminous pavement over reclaimed aggregate base material. Replacement of subgrade soils on an as needed basis. Spot replacement of concrete curb and gutter. Minor repairs to utilities. Full depth reclamation (FDR) is a process where a large machine grinds and mixes the existing pavement with the underlying aggregate material to form new base material to support the road. After the road has been reclaimed, the excess material will be removed to make room for the new pavement section. The road will then be reshaped and compacted to provide adequate drainage to the adjacent curbs. Lastly, the new bituminous pavement is installed in two layers. Pavement rehabilitation streets: Woodlynn Avenue Ariel Street Furness Court Southlawn Drive Kennard Street Germain Court 3.22 Full Reconstruction Full reconstruction involves fully removing and replacing the existing roadway section and making utility improvements as necessary. This method is typically done in conjunction with significant utility improvements and the installation of new concrete curb and gutter. Due to the severity and frequency of pavement failures, quality of aggregate base material, and lack of concrete curb and gutter, Staff are recommending the following improvements be made on full reconstruction streets. Full depth reclamation of pavement and underlying aggregate base. Installation of 3.5 inches of bituminous pavement over reclaimed aggregate base. Removal of frost susceptible soils on an as needed basis. 15 Council Packet Page Number 372 of 431 J3, Attachment 3 Installation of drain tile at all low points to promote subsurface drainage. Installation of new concrete curb and gutter. Replacement and expansion of utilities as needed. Radatz Avenue is the only street within the project area proposed for full reconstruction. 3.2 Concrete Curb and Gutter Based on preliminary site visits, some project streets have existing concrete curb and gutter while others lack it completely. Because of this difference, two different methods of replacement will be necessary. 3.31 Spot Replacement Damaged sections of curb often result in standing water in the curb-line or the road edge, which causes further damage to the road pavement over time. Based on an initial site investigation, staff have estimated that only 20% of the existing concrete curb and gutter would need to be replaced. Staff are recommending that only structurally deficient portions of the existing concrete curb and gutter be removed and replaced on the following project streets. Ariel Street Furness Court Southlawn Drive Kennard Street Germain Court Woodlynn Avenue (South side to have all curb removed as part of roadway narrowing) During construction, a city project representative will determine which sections of concrete curb and gutter will need to be removed and replaced. 3.32 Full Replacement Staff recommends installing Maplewood standard B618 barrier concrete curb and gutter, as shown in Exhibit 7, on Radatz Avenue. B618 concrete curb and gutter provides the following advantages: Provides a defined area for storm water to flow without damaging the bituminous roadway or causing erosion to boulevard. Provides pavement edge support and backing to street pavements. Establishes a definite limit to vehicle encroachment onto the boulevard areas, minimizing rutting of grass areas and reducing the probability of vehicles sliding off the roadway under unfavorable pavement and weather conditions. Protects the grass boulevard areas and mailboxes from damage by snowplows. Curb depressions at driveways provide clear identification of the driveways and limits blockage of driveways by vehicles parking on the street. Less chance of a vehicle scraping its bottom with a properly installed driveway opening compared to accessing a driveway with D-style curb. Knockdowns will be installed at all driveway openings for smooth vehicle transitions. The south curb line on Woodlynn Avenue will also need to be removed and replaced due to the narrowing of the roadway between Ariel Street and McKnight Road. 16 Council Packet Page Number 373 of 431 J3, Attachment 3 3.3 Pedestrian Improvements As a part of the project, gaps in the sidewalk network along Woodlynn Avenue and Ariel Street are proposed to be filled in. See Exhibit 2 for the proposed new sidewalk segments. These connections will provide a safe off-street walkway for pedestrians to access the many points of interest along the Woodlynn Avenue and White Bear Avenue corridors. These missing segments are identified in the CityÓs Comprehensive Plan. Staff will also review existing pedestrian curb ramps and crossings and evaluate the need for upgrades based on current AmericanÓs with Disabilities Act (ADA) requirements and MaplewoodÓs Crossing Policy. 3.4 Storm Water The goal of this project is to rehabilitate the pavement surface and therefore does not include any major utility upgrades or repairs. The major storm water items for this project include; replacement of outdated and broken storm sewer castings, replacement of deteriorated manhole/catch basin adjustment rings, adjustment of all manhole castings to the final surface elevation and adjustment of storm sewer leads on Woodlynn Avenue for the narrowing of the roadway. There a few storm sewer structures on the project which have a history of structural failures. These failing structures are proposed to be replaced with modern precast concrete structures. Best Management Practices (BMPÓs) such as sump manholes will be installed where possible to improve water quality flowing to adjacent wetlands and lakes. These BMPÓs will be designed to meet RWMWD and City of Maplewood stormwater management requirements. 3.5 Water main St. Paul Regional Water Services (SPRWS) and The City of North St. Paul (NSP) have reviewed the existing water main system on the project streets. Both SPRWS and NSP are recommending no upgrades or modifications to these existing systems. 3.6 Sanitary Sewer City of Maplewood Sanitary Sewer Department performed televising and manhole inspection in 2022 for the project streets. 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. Staff are recommending outdated sanitary sewer castings be replaced as a part of the project. Replacement of these castings with the new standard will reduce storm water inflow & infiltration (I & I) into the sanitary sewer system. Reducing storm water inflow and infiltration into the sanitary sewer system reduces the amount of storm water conveyed to the Metropolitan Council Wastewater treatment plant, a top priority of the City and Metropolitan Council. 3.8 Lighting Staff will reference the CityÓs Street Lighting Policy to determine if additional street lighting is needed. Street lights are installed for navigational and traffic safety purposes only, typically at intersections, dead-ends, or major turns in the roadway. 4.0 MISCELLANEOUS PRIVATE UTILITIES Private utility companies have been notified of the potential project and its impacts to private utilities. Project staff will continue to coordinate with private utility companies as the project 17 Council Packet Page Number 374 of 431 J3, Attachment 3 progresses. 5.0 EROSION CONTROL As part of the project plans and specifications, staff will prepare a storm water pollution prevention plan (SWPPP) for the purposes of enforcing erosion and sediment control rules. The SWPPP will include erosion and sediment control methods that will be implemented throughout the project. Silt fence, bio-rolls, erosion control blanket, and other best management practices (BMPÓs) will be utilized where direct runoff might occur. Inlet protection will be used to protect both the existing and new catch basins during construction. Street sweeping will occur as needed on all paved street surfaces throughout the project, including intersecting streets. Watering of exposed soils and aggregate material would be done as a dust-control measure. An erosion and sediment control plan sheet and storm water pollution prevention plan will be created during the design phase of this project. Turf establishment by means of seed & blanket, seed & hydromulch or mineral sod in areas of soil disturbance will be required. After street and utility work is completed, sod or seed will be placed as the permanent turf establishment in all disturbed areas. The City, in coordination with the watershed district, will closely monitor all erosion and sediment control measures throughout the construction process. The selected contractor will be required to install all preventative measures and maintain them as required by the City of Maplewood, Ramsey-Washington Metro Watershed District (RWMWD), Minnesota Pollution Control Agency (MPCA), and other regulatory agencies. 6.0 TRAFFIC CONTROL A construction project of this magnitude will result in some inconvenience and disruption to traffic in the project area. Staff will work with local stakeholders, the general contractor, and the traffic control subcontractor to ensure disruptions are kept to a minimum. The project will be constructed under through traffic conditions. Accesses with concrete curb or concrete driveway apron replacements will not be able to use driveway entrances during the concrete curing period. However, higher volume driveways such as, commercial business entrances will be constructed in halves when possible to allow for uninterrupted flow of customer traffic. Temporary driveway entrances may be needed in some circumstances. Access for emergency vehicles will be available 24 hours a day throughout the project. However, during short periods some segments of the project may not be passable while certain work is being executed. In these instances, an alternative route and access would be available from another direction. Streets and accesses will be reopened at the end of the working day. 7.0 PROJECT COST The estimated costs for the proposed improvements are detailed in the table on the following page. These costs include a 10% construction cost contingency and a 12% allowance for geotechnical, legal, and fiscal expenses. Estimated Project Cost Summary Proposed Improvements Total Amount % of Total Street Improvements $3,169,000 90% Drainage Improvements $227,000 6% Sanitary Sewer Improvements $73,500 2% Water System Improvements $58,300 2% Total Estimated Project Cost: $3,527,800 100% 18 Council Packet Page Number 375 of 431 J3, Attachment 3 Exhibit 8 provides a more detailed construction and project cost estimate breakdown. 8.0 COST RECOVERY An independent appraisal firm was hired to ascertain an opinion of special benefit received by properties within the neighborhood project area. This information will ultimately be utilized to set the special benefit assessment amounts for the project area. For the purposes of this report, the rates established in the CityÓs Special assessment policy were utilized. There are 137 assessable residential and commercial parcels within the project area. Exhibit 9 details the preliminary assessment roll. Exhibit 10 shows the preliminary assessment map for the project. Based on the City of MaplewoodÓs Assessment Policy, parcels are assessed on an equal ÐunitÑ basis. The CityÓs current assessment rates for a street improvement project vary depending on the proposed improvements being made to the street frontage abutting the property to be assessed. However, per Minnesota State Statute 429, the assessment amount cannot be greater than the benefit received by the property from the improvement. Therefore, the final special benefit assessment amounts will be established after reviewing the appraisal report. Adjustments to the financing plan may be required following the receipt of the special benefits appraisal. For the purposes of this report and establishing a financing plan, the preliminary assessment rates are as follows. Residential o Pavement Rehabilitation Rate = $3,450/Unit o Full Reconstruction Rate = $6,600/Unit Commercial/Other o Pavement Rehabilitation Rate = $69.00/Front-Foot o Full Reconstruction Rate = $132.00/Front-Foot The improvements are proposed to be financed through General Obligation (G.O.) Bonds, the Environmental Utility Fund, Sanitary Sewer Fund, Water Area Fund, Street Revitalization Fund and Special Benefit Assessments. Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (GO) Bonds $348,600 10% Environmental Utility Fund $227,000 6% Sanitary Sewer Fund $73,500 2% Water Area Fund $58,300 2% Street Revitalization Fund $1,822,700 52% Special Benefit Assessments $997,700 28% Total Estimated Project Funding: $3,527,800 100% 19 Council Packet Page Number 376 of 431 J3, Attachment 3 The estimated project costs and funding needs are significantly lower than those estimated in the approved Capital Improvement Plan ($4,860,350) due to less utility and subgrade corrections needed than anticipated. The unused funds from this project will be utilized to offset the additional funding needs on the Myrtle-Sterling Project. 9.0 PROJECT SCHEDULE The following schedule may be implemented, should it be determined to proceed with the project: Project Milestone Date Order Preparation of Feasibility Study 8/8/2022 Neighborhood Meeting #1 12/6/2022 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/13/2023 Plans & Specifications Neighborhood Meeting #2 2/7/2023 Public Hearing & Order Improvement 2/27/2023 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/13/2023 Authorize Preparation of Assessment Roll Bid Opening 4/12/2023 Award Contract 4/24/2023 Neighborhood Meeting #3 May 2023 Begin Construction June 2023 Accept Assessment Roll & Order Assessment Hearings 8/14/2023 Neighborhood Meeting #4 9/6/2023 Assessment Hearing and Adopt Assessment Roll 9/11/2023 Complete Construction November 2023 Assessments Certified to Ramsey County November 2023 20 Council Packet Page Number 377 of 431 J3, Attachment 3 10.0 CONCLUSIONS AND RECOMMENDATION From the results of the feasibility study and investigations, it can be concluded that: The project is feasible as it relates to general engineering principles, practices and construction procedures as it has been presented in this report. The project is necessary for economic and public welfare reasons. The project is cost effective when all the related costs are considered Î environmental, maintenance, private, and public. The proposed improvement is necessary to maintain the cityÓs infrastructure. In consideration of these conclusions, it is recommended that: If the City Council deems the project feasible, a public hearing should be held as soon as possible. The proposed improvements should be constructed as outlined in this report. The cost of the improvements will be recovered through assessments to the benefited parcels and through other city funds. 21 Council Packet Page Number 378 of 431 J3, Attachment 3 APPENDIX A 22 Council Packet Page Number 379 of 431 J3, Attachment 3 Exhibit1 Council Packet Page Number 380 of 431 J3, Attachment 3 Exhibit2 Council Packet Page Number 381 of 431 J3, Attachment 3 City of Maplewood Exhibit3 Project B2209439 December 15, 2022 Page 5 B.Results B.1. Geologic Overview We based the geologic origins used in this report on the soil types, in-situ and laboratory testing, and available common knowledge of the geological history of the site. Because of the complex depositional history, geologic origins can be difficult to ascertain. We did not perform a detailed investigation of the geologic history for the site. B.2. Pavement Cores Table 2 provides a summary of the existing bituminous section thicknesses as measured at each of the borings. Note that aggregate base was observed and measured in the field by the drill and coring crews to the nearest inch. We did not perform gradation analysis on the apparent aggregate base material encountered on the pavement section and cannot conclusively determine if the encountered material satisfies a particular specification. The aggregate base thicknesses should also be considered approximate, as the transitions between the aggregate base and the underlying subgrade are often difficult to accurately discern at depth. Table 2. Summary of Pavement Section Thicknesses by Boring/Core Location Bituminous Apparent Aggregate Thickness Base Thickness Roadway Location (inches) (inches) Core Condition ST-1 8 1/2 Not Encountered Good condition PC-1 9 1/4 Not Encountered Good condition Aerial Street North PC-2 8 3/4 Not Encountered Good condition PC-3 9 1/4 Not Encountered Good condition PC-4 9 1/4 Not Encountered Good condition ST-2 7 1/2 Not Encountered Good condition ST-3 8 1/4 Not Encountered Good condition Low severity stripping ST-47 3/4Not Encountered Woodlynn Avenue throughout Low severity stripping in ST-56 1/2Not Encountered upper 2 inches of core ST-6 8 Not Encountered Good condition Council Packet Page Number 382 of 431 J3, Attachment 3 City of Maplewood Project B2209439 December 15, 2022 Page 6 Bituminous Apparent Aggregate Thickness Base Thickness Roadway Location (inches) (inches) Core Condition ST-7 7 1/2 Not Encountered Good condition Low severity stripping in ST-810 1/2Not Encountered upper 3 inches of core ST-9 9 1/2 Not Encountered Good condition Low severity stripping at ST-1010Not Encountered wear/non-wear course seam ST-11 10 Not Encountered Good condition ST-12 3 8 Good condition ST-13 2 1/2 8 Good condition ST-14 2 1/2 7 1/2 Good condition ST-15 3 6 1/4 Highly deteriorated Radatz Avenue Highly ST-163 1/27 1/2 weathered/deteriorated Cracking/stripping/separation ST-17311 occurring throughout the core ST-18 3 3/4 8 3/4 Good condition Low to moderate severity ST-19510 stripping throughout Low severity stripping ST-202 1/461 1/2 inches down to core Southlawn Drive termination PC-7 6 11 Good condition Slight- to moderate-severity PC-8512 stripping throughout Low severity stripping 2 inches ST-212 1/26 Germain Street down to core termination North PC-11 3 1/2 12 Good condition Low severity stripping in PC-54 1/26 upper 1/2 inch of core Furness Court Low severity stripping PC-64 1/4Not Encountered throughout core Moderate- to high-severity PC-9 2 1/2 3 1/2 deterioration; stabilized Kennard Street aggregate base encountered PC-10 3 1/4 4 Moderate deterioration Council Packet Page Number 383 of 431 J3, Attachment 3 Exhibit4 KohlmanCreekSubwatershed Council Packet Page Number 384 of 431 J3, Attachment 3 Exhibit5 Council Packet Page Number 385 of 431 J3, Attachment 3 Council Packet Page Number 386 of 431 J3, Attachment 3 Council Packet Page Number 387 of 431 J3, Attachment 3 Exhibit6 FullReconstruction PavementRehabilitation Council Packet Page Number 388 of 431 J3, Attachment 3 Exhibit7 Council Packet Page Number 389 of 431 J3, Attachment 3 280.00 Estimated Exhibit8 $ $$$$$$$$ $$$$$$$$$$$ $$$$$$$ TOTAL 1.00275,000.008.00 14.006,258.0020.002,000.0036.003,960.0070.001,820.0070.0012,250.00 906.004,620.60730.007,847.50567.0017,010.00353.0014,120.00257.0016,705.00906.007,248.00550.0016,500.00 3,176.0011,274.801,542.0013,878.002,109.0029,526.008,092.0033,986.403,022.003,777.501,542.0055,512.003,848.00404,040.004,199.00440,895.001,890.00198,450.005,912.00112,328.00 37,791.00143,605.8018,692.0014,019.0014,294.00107,205.00 QuantityCost Estimated 50000500 51080725 ........ Unit 26.0010.7530.0040.0014.0036.0030.0019.00 175.00 Price Estimated $$$$$$$$$$$$$$$$$$$$$$$$$$$ 17 22 YYY FF3F5Y9YY3F8F0F4YF7F LS275,000.00LF LLLLLLL SSSSS CCC GAL1.25 TON105.00TON105.00TON105.00 Unit EACH447.00EACH100.00EACH35.00 EACH110.00 HOURMGAL65.00 Project City Improvements, Street Area AGGREGATE) FILTER Southlawn FINE PLACED) INCLUDES Description DRIVEWAY) (MACHINE Woodlynn SUBCUT, SEAL RESIDENTIAL WIDE (STREET TRANSITION AND LIFT, INCH OR Estimate, SOCK 18 SAW DEPTH) 1 INCH @ 3 RIBBON Cost TYPE JOINT (FULL (1 WALL MATERIAL DEPTH B618, WITH TYPES COAT PAVEMENT INCH SHORT BROOM) MIXTURE CONTROL PAVEMENT/APRON/WALKMIXTURE MIXTURE ALLMIXTURE RECLAIM PAVEMENT OR1.5 TACK (P) GUTTER DESIGN TUBING & (EV) FOR PICKUP (EV) DRIVEWAY Preliminary Improvements EDGERINSTALL DRAIN CURBDRIVEWAY PAVEMENT ASSEMBLY,GUTTER SURFACE, ROADWAY CONTROLBITUMINOUS BITUMINOUS BITUMINOUS & (WITHBITUMINOUS SIGN GRUBBING BOX WALK ROADMATERIAL 17 RECLAMATION DUST Street EXCAVATION CURB EXCAVATION AND STOCKPILE, BOULDERSTREETMAILLANDSCAPE CONCRETEBITUMINOUSCONCRETE 22 FOR SWEEPER PERFORATED ADHESIVE SPWEA330LSPWEA340CSPWEB340CSPNWB330C DEPTHBITUMINOUS BITUMINOUS Area CONCRETE INCH Improvements EstimateProject, City Item Cost Southlawn Utility and IMPROVEMENTS Item WoodlynnPreliminaryStreetMaplewood STREET 2021.5012021.501/00010MOBILIZATION2101.5022101.502/00031CLEARING2104.5022104.502/02380SALVAGE2104.5022104.502/08019SALVAGE2104.5022104.502/08013SALVAGE2104.5032104.503/08017SALVAGE2104.5032104.503/08 011REMOVE2104.5032104.503/08016SAW2104.5042104.504/00110REMOVE2104.5042104.504/00151REMOVE2106.5072106.507/00141SUBGRADE2106.5072106.507/00140.5COMMON2106.5072106.507/00144SALVAGE,2123.6102123.610/00 410STREET2130.5232130.523/00011WATER2215.5042215.504/00020.5FULL2232.5032232.503/00010MILL2331.6032331.603/00070JOINT2331.6032331.603/00071BITUMINOUS2357.5062357.506/00010BITUMINOUS2360.5042360.504/6 4336TYPE2360.5092360.509/35502TYPE2360.5092360.509/35503TYPE2360.5092360.509/35504TYPE2502.5032502.503/1301142521.5182521.518/000404"2531.5032531.503/24001CONCRETE Council Packet Page Number 390 of 431 J3, Attachment 3 800.00672.00864.00 2,652,343.10 Estimated $$$ $ $$$$$$$$$$$$$$$ $$$$$$$$$$$ $$$ TOTAL = 6.002,040.001.00100,000.001.008,000.009.005,850.008.007.0021,000.003.0015,000.001.007,000.002.002,200.00 36.008,100.0020.0014.0010,500.0075.0014,250.0015.0025,500.0016.001,000.0012.002,880.0056.0032.003,360.0016.002,080.0015.0018,750.00 730.0062,050.00420.0025,200.00350.0035,000.00700.003,150.00160.002,240.00104.001,664.00 TOTAL 2,576.0090,160.002,625.0051,187.501,179.001,179.002,576.009,016.00 19,000.00109,250.0016,424.00139,604.00 QuantityCost Estimated 0500 5755 .... 1.00 Unit 35.0085.0019.5060.0014.0062.5016.0012.00 100.00225.00750.00105.00108.00130.00 1,250.003,000.005,000.007,000.00 100,000.00 Price Estimated $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 17 22 FYFFFSF4Y5Y8Y3FFFF B LS8,000.00 LB LLLLLLL SSSSSSS L Unit EACHEACH340.00EACH40.00EACHEACHEACH650.00EACH240.00EACHEACHEACHEACHEACH1,100.00 EACH190.00EACH1,700.00 MGAL Project City Improvements, Street Area EQUAL) LB/ACRE) (300 341 Southlawn & APPROVED TURF OR 340 LBS/ACRE) FORMED) RAMY (300 PLATE Description BY PRODUCTS (HAND Woodlynn AREAS SEED SEWER TURF BOX STANDARD BOX MH) TYPE) CB RAMY STORM TRANSITION & NEWS TOLERANT NEWSCB/MHCB/MH OR BY OR BOX Estimate, FOR SIZE 3' MH SALT INCHINCH SODDED/SEEDED x LID MAPLEWOOD AND/OR 2'4860 AND/OR (ANY(CB, FOR RIBBON Cost NETLESS, SOLID 10 F4 MAIL TYPES)PIPE MAIL PIPE & SEWER, RAMP 10DESIGNDESIGNDESIGN B618, PLAN BOULEVARD (ADDITIONAL) (ALL 10 SINGLESTRUCTURE CURBSEWER SINGLE COMPOST 1,SEWER SIDE STORM FRAME (FUTERRA DESIGN INCH) EXIT A IVIVIV TYPE WITH TYPE (4 FOR WITH PAVEMENT CASTING CONT STORMSTRUCTURE,STRUCTURE,STRUCTURE, STORM Preliminary STREET 1678 20 LOG PROTECTION DRAINAGE OF CONTRACTOR'S POSTR GUTTER BLANKET POSTBOULDER CLASSCLASSCLASS WALL PEDESTRIAN ESTABLISHMENT NO & SEWER BORROW MINERAL INLET MATERIAL FERTILIZER DRIVEWAY EXISTING DOMES DRAINAGEDRAINAGEDRAINAGE TREE TURF SEWERSEWERSEWER CONSTRUCTION INSTALLDISPOSEINSTALL CURB CONTROL TO TYPE CONTROL,CONTROLSTORM && & CONTROL SALVAGEDSALVAGED DRAINFOR CONCRETE RETAINING PIPEPIPEPIPE TOPSOIL ESTABLISHMENT BEDDING RCRCRC CONCRETE INCH IMPROVEMENTS Item SYSTEM SEWER Item STORM 2531.5032531.503/24002CONCRETE2531.5042531.504/000606"2531.6182531.618/0022162531.6182531.618/00010TRUNCATED2540.6182540.618/00060STONE2540.6022540.602/00144INSTALL2540.6022540.602/00146FURNISH2540.6 022540.602/00149INSTALL2563.6012563.601/01100.25TRAFFIC2571.5022571.502/12301DECIDUOUS2573.5012573.501/00021EROSION2573.5022573.502/00141STORM2573.5022573.502/00142STABILIZED2573.5032573.503/00064SED IMENT2574.5042574.504/00010LOAM2574.5082574.508/00071COMMERCIAL2575.5042575.504/00013SODDING2575.5042575.504/00077EROSION2575.5082575.508/40009TURF2575.5232575.523/00021WATER2104.5022104.502/08015REM OVE2104.5022104.502/08017REMOVE/ABANDON2104.5022104.502/08012.5SALVAGE2451.6032451.603/00071PIPE2503.5032503.503/1512412"2503.5032503.503/1515415"2503.5032503.503/1527427"2503.5022503.502/00082CONNEC T2506.5022506.502/06021CONSTRUCT2506.5022506.502/06022CONSTRUCT2506.5022506.502/06023CONSTRUCT2506.5022506.502/06026FURNISH Council Packet Page Number 391 of 431 J3, Attachment 3 500.00500.00600.00 43,260.0034,300.00 286,346.31377,977.13 133,560.00 2,863,463.10 2,863,463.103,149,809.41 Estimated $$$ $ $$$$$$$$ $$$$$$$ $ 3,527,786.54 TOTAL = === 2.001,300.005.004,000.005.004,000.002.001.001,500.002.001,900.003.00 12.0011,400.0048.0032,400.0025.0012.002,640.0026.006,760.0026.0032,500.0012.0010,800.0012.0012,000.0014.007,000.00 TOTALTOTALTOTAL QuantityCost SUBTOTAL Estimated $ $$ $ $ Unit 20.00 950.00800.00220.00500.00 Price Estimated $$$$$$$$$$$$$$$$ 17 22 Y Y S Costs: C Costs: Unit EACHEACHEACH260.00EACH1,250.00EACH250.00EACH1,000.00EACH1,500.00EACH950.00EACH200.00 EACH675.00EACH650.00EACH800.00EACH900.00EACH Costs: Subtotal: Expenses: Project Contingencies: Fiscal Project Easement City 10% Construction and + Legal, Estimated + Estimated Estimated Total 350 Subtotal Improvements, Geotechnical, PLATE 12.0% + Street STANDARD Area MAPLEWOOD Southlawn SEALANT, UTILITY Description SEWER SEAL Woodlynn SEWER SANITARY W/FLEX FOR D14) RINGS STORM RIPRAPLID Estimate, TYPES) FOR PLATE FOR 0015 TYPES) (ALL Cost (ALL 1422 GRATE WOVEN VR INVERT(S)/DOGHOUSE(S)ADJUSTMENT && STANDARD CASTING CASTING NON CASTING 4 SEWERSEWER FRAMEFRAME (SPRWS SEWER VA CASTING TYPE SEWER MANHOLE III STORMSTORM Preliminary 30671678 SPECIAL RR SEWER FABRIC ADJUSTMENT STORMCLASSSANITARYWATER BOX HOLE BOX EXISTINGEXISTINGBOX BOX FILTER INSTALLINSTALL RIPRAP SANITARY && ASSEMBLY VALVE STOP EXISTINGEXISTINGEXISTINGVALVE UTILITY VALVE IMPROVEMENTS SYSTEM IMPROVEMENTS Item SEWER SYSTEM Item SANITARYWATER 2506.5022506.502/06028FURNISH2506.5022506.502/06034ADJUST2506.6012506.601/00042REHABILITATE2506.6012506.601/00041REHABILITATE2511.5072511.507/00017GEOTEXTILE2511.5072511.507/00014RANDOM2104.5022104.5 02/08012SALVAGE2506.5022506.502/06031FURNISH2506.5022506.502/06036ADJUST2504.6022504.602/99983SERVICE2504.6022504.602/00044.5ADJUST2504.6022504.602/99985REPAIR2504.6022504.602/99986ADJUST2504.6022504 .602/99987REPLACE2504.6022504.602/99988WATER2506.6022506.602/99996CASTING Council Packet Page Number 392 of 431 J3, Attachment 3 PreliminaryAssessmentRoll Exhibit9 WoodlynnSouthlawnAreaStreetImprovements CityProject2217 ParcelIDSiteAddressPropertyTypeImprovementTypeUnits/FrontFootageAssessment 229221200963100ARIELSTNCommercial/MultiFamilyPavementRehabilitationRate83657,684.00$ 229221200432080WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate76452,716.00$ 229221200112015WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate67046,230.00$ 229221200120WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate65345,057.00$ 329224200011650BEAMAVEECommercial/MultiFamilyPavementRehabilitationRate54637,674.00$ 229222100273000WHITEBEARAVENCommercial/MultiFamilyPavementRehabilitationRate542$37,398.00 229221200392120WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate52736,363.00$ 229221200731996COUNTYROADDECommercial/MultiFamilyPavementRehabilitationRate43129,739.00$ 229223100200RADATZAVEECommercial/MultiFamilyFullReconstructionRate19926,268.00$ 329224100100KENNARDSTNCommercial/MultiFamilyPavementRehabilitationRate35624,564.00$ 329224100421770BEAMAVEECommercial/MultiFamilyPavementRehabilitationRate35324,357.00$ 229223200531790BEAMAVEECommercial/MultiFamilyPavementRehabilitationRate30621,114.00$ 229223100972839WHITEBEARAVECommercial/MultiFamilyFullReconstructionRate15420,328.00$ 229221200082036COUNTYROADDECommercial/MultiFamilyPavementRehabilitationRate21214,628.00$ 329224100111670BEAMAVEECommercial/MultiFamilyPavementRehabilitationRate20013,800.00$ 229222100071985WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate19113,179.00$ 229222100253050WHITEBEARAVENCommercial/MultiFamilyPavementRehabilitationRate16711,523.00$ 229223100212811WHITEBEARAVENCommercial/MultiFamilyPavementRehabilitationRate16011,040.00$ 229221200130LYDIAAVEECommercial/MultiFamilyPavementRehabilitationRate120$8,280.00 229223200321828RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223100181900RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200301840RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200431800RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200351808RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200131795RADATZAVEEResidentialSingleUnitFullReconstructionRate1$6,600.00 229223200141809RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200521815RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200161825RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200171835RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200181845RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200191851RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200201861RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200211871RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200221879RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200231887RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200241895RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223100661905RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223100161915RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223100151927RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200502764SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate16,600.00$ 229223200291846RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200261882RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200391860RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200341816RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200271874RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200401850RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200331826RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223100191910RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229223200251890RADATZAVEEResidentialSingleUnitFullReconstructionRate16,600.00$ 229221100243034FURNESSCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100283031FURNESSCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100233024FURNESSCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100273021FURNESSCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100223018FURNESSCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100262147LYDIAAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100213010FURNESSCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100352206WOODLYNNAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221101002234WOODLYNNAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ Council Packet Page Number 393 of 431 J3, Attachment 3 229221101012214WOODLYNNAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221101022224WOODLYNNAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100322172WOODLYNNAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100342196WOODLYNNAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100332184WOODLYNNAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100302154WOODLYNNAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100292144WOODLYNNAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229221100312164WOODLYNNAVEEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229223200482778SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229223200442812SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229223200452804SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224100172809SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224100052799SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229223200122830SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229223200462796SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229223200472786SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229223200492772SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224100152831SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224100142837SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 229223200112838SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224300101585COUNTYROADCEResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224300202661GERMAINCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224300112660GERMAINCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224300122670GERMAINCTNResidentialSingleUnitPavementRehabilitationRate1$3,450.00 329224300132678GERMAINCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224300142682GERMAINCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224300182675GERMAINCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224300192669GERMAINCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224300212653GERMAINCTNResidentialSingleUnitPavementRehabilitationRate13,450.00$ 329224300152681GERMAINCTNResidentialSingleUnitPavementRehabilitationRate1$3,450.00 229221200702073WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate13,024.50$ 229221200922053WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate13,024.50$ 229221200692069WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate13,024.50$ 229221200662057WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate13,024.50$ 229221200682065WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate13,024.50$ 229221200912061WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate13,024.50$ 329224100202825SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate12,829.00$ 329224100252815SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate12,829.00$ 329224100272811SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate12,829.00$ 329224100222821SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate12,829.00$ 329224100242817SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate12,829.00$ 329224100192827SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate12,829.00$ 329224100262813SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate12,829.00$ 329224100212823SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate12,829.00$ 329224100232819SOUTHLAWNDRNResidentialSingleUnitPavementRehabilitationRate12,829.00$ 229221100592215WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100562199WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100572201WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100502227WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate1$2,668.00 229221100692187WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100752177WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100712191WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100702189WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100682185WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100762179WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100492225WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100612219WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100552197WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100542195WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100772181WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100602217WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100512229WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100622221WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ Council Packet Page Number 394 of 431 J3, Attachment 3 229221100742175WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100902145WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100952157WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100972161WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100892143WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100922149WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100932151WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate1$2,668.00 229221100942155WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100962159WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100912147WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100432249WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100442251WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100422247WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100412245WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221100522231WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate12,668.00$ 229221200420WOODLYNNAVEECommercial/MultiFamilyPavementRehabilitationRate231,587.00$ $997,731.00 ResidentialSingleUnitPavementRehabilitationRate$3,450.00 Commercial/Townhome/MultiFamilyPavementRehabilitationRate/FrontFoot$69.00 ResidentialSingleUnitFullReconstructionRate$6,600.00 Commercial/Townhome/MultiFamilyFullReconstructionRate/FrontFoot$132.00 WoodlynnEasterlyTownhomes TotalTownhomeFrontFootage=1276 TownhomePavementRehabilitationRateperFrontFoot=$69.00 TotalTownhomeAssessment=$88,044.00 TotalNumberofTownhomeUnits=33 AssessmentRatePerUnit=$2,668.00 WoodlynnWesterlyTownhomes TotalTownhomeFrontFootage=263 TownhomePavementRehabilitationRateperFrontFoot=$69.00 TotalTownhomeAssessment=$18,147.00 TotalNumberofTownhomeUnits=6 AssessmentRatePerUnit=$3,024.50 SouthviewTriplex's TotalTownhomeFrontFootage=369 TownhomePavementRehabilitationRateperFrontFoot=$69.00 TotalTownhomeAssessment=$25,461.00 TotalNumberofTownhomeUnits=9 AssessmentRatePerUnit=$2,829.00 Council Packet Page Number 395 of 431 J3, Attachment 3 Exhibit10 =Commerical/Multi-FamilyFullReconstructionRate=$132/Front-Foot =ResidentialFullReconstructionRate=$6,600/Unit =Commercial/Multi-FamilyPavementRehabilitationRate=$69/Front-Foot=ResidentialPavementRehabilitationRate=$3,450/Unit Council Packet Page Number 396 of 431 J3, Attachment 3 Council Packet Page Number 397 of 431 J3, Attachment 3 Council Packet Page Number 398 of 431 J3, Attachment 3 Council Packet Page Number 399 of 431 J3, Attachment 4 , 2023 th Council Area Street February 13 Improvements City Project 22-17 Presented to Maplewood City Woodlynn-Southlawn Council Packet Page Number 400 of 431 J3, Attachment 4 Avenue Beam of south Street Kennard Why These Street? 1.77 Miles in LengthAverage PCI Rating Ï37/100 ¤¤ Poor pavement conditionPavement has deteriorated to the pointwhere patching is no longer cost-effective.Majority of existing concrete curbing is infair condition. Radatz has no curb.Update pedestrian and bicycling facilities,Gaps in system on Woodlynn and Ariel.Storm sewer system is in need of minorrepairs.Sanitary sewer piping system is in goodcondition.Existing water main system is in goodcondition. ¤¤¤¤¤¤¤ Council Packet Page Number 401 of 431 J3, Attachment 4 , 2022 , 2023 th th Neighborhood Meeting st Resident Communication Project Location Map, FAQ Brochure, Assessment Information, Presentation followed by Q & A SessionAreas of discussion included the project scope, project timeline, cost/funding sources, assessment information, resident communication. Online mapping tool for residents to comment on projectÓSocial media-likeÔ in allowing comments, likes, and dislikesPresentation followed by Q & A SessionUpdate from 1 ¤¤¤¤ ¤¤¤ Informational Packet ÏNovember 2022Neighborhood Meeting #1 ÏDecember 6InputIDWebtoolÏDecember 2022Neighborhood Meeting #2 ÏFebruary 7 Council Packet Page Number 402 of 431 J3, Attachment 4 Project Scope Reclamation (grinding/mixing) of existingpavement & aggregate base onpavement rehabilitation streetsReplace existing structurally damagedconcrete curb on pavementrehabilitation streets. New concrete curbon Radatz Ave.Repairs to existing storm sewer system.Replacement of outdated sanitary sewercastings.Installation of new asphalt pavement.Restoration of driveways and boulevards.Reconfiguration of WoodlynnAvenueroadway corridor between McKnightRoad and Ariel Street.Fill in missing gaps of sidewalk system. ¤¤¤¤¤¤¤¤ Council Packet Page Number 403 of 431 J3, Attachment 4 Project Costs & Funding Total Estimated Project Cost = $3,527,800G.O. Improvement BondsEnvironmental Utility FundSanitary Sewer FundW.A.C. FundStreet Revitalization FundAssessments to Benefitting Properties ¤¤¤¤¤¤¤ Project CostProject Funding Council Packet Page Number 404 of 431 J3, Attachment 4 What is a Special Assessment? Funding source utilized to finance a portion of publicimprovementsMaximum rates are set by the City Council on a yearly basis.Independent appraisal firm hired to determine benefitreceived by properties.Per Minnesota State Statute 429 the assessment amountcannot be more than the direct benefit to the property. ¤¤¤¤ Council Packet Page Number 405 of 431 J3, Attachment 4 Special Assessment Assessment amountPayment optionsDeferral optionsRight to object ¤¤¤¤ Residents will be mailed an official assessment noticeNeighborhood meeting in the fall of 2023 to coverassessments ¤¤ Assessment Hearing ÏSeptember 2023Prior to the Assessment Hearing ¤¤ Council Packet Page Number 406 of 431 J3, Attachment 4 , 2023 th , 2023 th , 2023 th Tentative Project Schedule Residents provide input on proposed improvementsCouncil votes after public hearing ¤¤ Council Receives Feasibility Study ÏFebruary 13Neighborhood Meeting #2 ÏFebruary 7Public HearingÏFebruary 27Award of Contract ÏApril 2023Neighborhood Meeting #3 ÏMay 2023Construction ÏJune to October 2023Assessment HearingÏSeptember 2023 ¤¤¤¤¤¤¤ Council Packet Page Number 407 of 431 J3, Attachment 4 Recommendation Approve Resolution Accepting Feasibility Study, Authorize Preparation of Plans & Specifications, and Call for a Public Hearing for Woodlynn-SouthlawnArea Street Improvements, City Project 22-17 ¤ Council Packet Page Number 408 of 431 J3, Attachment 4 Council Packet Page Number 409 of 431 J3, Attachment 4 Assessment Payment Information Remaining amount will be certified to Ramsey Countyto be paid with property taxes ¤ Full PaymentPartial PaymentFull amount certified to Ramsey County ¤¤¤ Several payment optionsCertified amounts will be paid over a 15 year period forresidential properties (8 year period for commercialproperties) with Ramsey County property taxes ¤¤ Council Packet Page Number 410 of 431 J3, Attachment 4 one of d n Assessment Deferral Information 65 year of age or olderRetired by virtue of a permanent and total disabilityNational Guard or other military reserve called into active duty ¤¤¤ To qualify, owner must have proven financial hardship athe following:Assessments are terminated if no improvements are made withinthe deferment period ¤¤ Deferral options Ï15 year period with interest (8 year for commercial)Undeveloped property deferral Ï15 year period with interest (8 yearfor commercial) ¤¤ Council Packet Page Number 411 of 431 J4 CITY COUNCIL STAFF REPORT Meeting Date February 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Dave Anderson, Assistant City Attorney PRESENTER:Steve Love, Public Works Director AGENDA ITEM: Resolution Ordering the Abatement of Conditions Creating a Hazardous Property and Public Nuisance at 1742 ½ English Street Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The subject property (the “Property”), depicted on Location Map attached hereto, is located at 1742 ½ English Street and contains a legally nonconforming residential dwelling, which is presently unoccupied. In late 2021, an inspection revealed that the Property contains a noncompliant individual subsurface sewage treatment system (SSTS). Specifically, any wastewater generated from the dwelling located on the Property is being deposited into an on-site cesspool that was likely installed when the dwelling was constructed in approximately 1940. Cesspools are expressly prohibited under state and local law because they do not effectively treat wastewater or protect groundwater. More details are provided in the background section below. To restore the Property to a safe, sanitary, and code-compliant condition, staff recommends that the City Council approve the attached resolution and order the abatement of the hazardous and nuisance conditions on the Property. The resolution will authorize City staff and the City attorney to initiate legal proceedings against the Property’s owner in an effort to make the Property safe and bring it into compliance with state and local laws. Recommended Action: Motion to approve the Resolution Ordering the Abatement of Conditions Creating a Hazardous Property and Public Nuisance at 1742 ½ English Street. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is indeterminable and depends on how legal proceedings play out. It is worth noting, however, that the statutory and City Code provisions authorizing these proceedings allow for the City to recover enforcement costs via special assessments against the Property. This will be discussed in more detail during the meeting. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Council Packet Page Number 412 of 431 J4 Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Background: The Property is extremely small in size (approximately 0.08 acres) and landlocked, i.e. it lacks any direct access to public streets and utilities. It appears that the Property has historically been accessed via a shared driveway that is located on the parcel to the south. However, there are no easements of record that would indicate that the Property has any ability to access nearby public utility mains, meaning that the only options for utilities on the Property are a well and an SSTS. In December of 2021, a City contractor performed an on-site inspection at the Property to determine SSTS compliance. During said inspection, it was observed that the SSTS on the Property was installed in approximately 1940 and consists only of a cesspool. Wastewater that flows into a cesspool is captured and then drains, or percolates, directly into the soil. Due to this, cesspools do not protect the local groundwater. Attached is the respective inspection report from Brian Humpal, an MPCA-licensed SSTS inspector. Pursuant to Minnesota Rules, section 7080.1500, subp. 4.B, cesspools are considered noncompliant sewage treatment systems because they do not adequately protect local groundwater. Accordingly, on January 7, 2022, a letter was sent to the Property owner informing him that the cesspool was noncompliant and that, pursuant to section 40-234(c) of the Maplewood city code, it must be upgraded, repaired, replaced, or abandoned. The owner did not respond to said letter. On August 30, 2022, another letter was sent to the owner, again informing him that the cesspool must be upgraded, repaired, replaced, or abandoned. Following the August letter, City staff was contacted by a contractor hired by the owner who indicated that the Property is too small to accommodate a new SSTS. The contractor inquired with staff about whether a holding tank could be permanently installed on the Property to collect sewage, and staff informed said contractor that permanent holding tanks are expressly prohibited under the city code for public health and safety reasons. To date, the cesspool still exists and there is no legally compliant method for collecting wastewater from occupants of the Property or the dwelling located thereon. It is also believed that the only source of water in the dwelling is well water, and if that is indeed the case, the safety of that water is a concern due to the nearby cesspool. Based on these conditions, staff has determined that the Property is hazardous, unsafe, and a public nuisance under state law and the city code. The applicable statutory and city code references are specified in the recommended resolution. Allowing the Property to remain in its current state presents significant health and safety concerns not only to any occupants of the Property but also to others in the community due to the negative impacts of cesspools on groundwater. The City has made multiple attempts to gain compliance, and staff has now determined that the only way to effectively abate the unlawful conditions at the Property is to initiate abatement proceedings pursuant to state law and the city code. A resolution has been prepared by the City attorney that (i) finds that the Property is both hazardous and a public nuisance pursuant to state law and the city code; and (ii) authorizes staff and Council Packet Page Number 413 of 431 J4 consultants to serve an order on the owner that requires abatement of the unlawful conditions within 45 days by performing one of the following: 1. Replace the cesspool with a compliant individual subsurface sewage treatment system that serves the dwelling on the subject property and meets all state and local requirements; 2. Acquire permanent easement rights from neighboring landowners to accommodate a private sewer service line and thereafter connect the dwelling on the subject property to City sewer; or 3. Demolish the dwelling on the subject property to prevent the ability to deposit wastewater generated on the property into the noncompliant cesspool. Should the owner fail to comply with said order, the City will initiate formal proceedings to request a court order authorizing the City to demolish the dwelling on the Property pursuant to its legal authority to do so. The statutory and city code provisions authorizing abatement proceedings allow for the City to recover enforcement costs related to this action via a special assessment against the Property. Depending on the level of cooperation from the owner after the order is served, the City may also benefit from entering into an abatement agreement that will provide the owner an opportunity to perform abatement on his own, without formal legal proceedings, and such agreement would also authorize the City to demolish the dwelling and assess the costs should the owner fail to comply. Such an agreement, if negotiated, would be presented to the City Council for final approval before taking effect. If the recommended resolution is adopted, the City attorney’s office will work with staff to initiate abatement proceedings, with the ultimate goal of abating the conditions that make the Property both hazardous and a public nuisance, including bringing a civil action pursuant to Minnesota Statutes, chapter 463 and Maplewood City Code, chapter 18. City Attorney Ron Batty will be present during the meeting to answer any questions that the City Council may have related to this matter. Attachments: 1. Location Map 2. Abatement Order Resolution 3. SSTS Inspection Report Council Packet Page Number 414 of 431 J4, Attachment 1 Council Packet Page Number 415 of 431 J4, Attachment 2 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION NO. _____ RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS PROPERTY AND PUBLIC NUISANCE AT 1742 ½ ENGLISH STREET RECITALS WHEREAS, the property located at 1742 ½ English Street and legally described as follows: The North 100 feet of the South 767.56 feet, except the West 158 feet of the Southwest Quarter of Section 15, Township 29, Range 22, lying West of the Northern Pacific Railway Right of Way, Ramsey County, Minnesota (the “Subject Property”), contains a single-family dwelling (the “Dwelling”) and is located in the city of Maplewood (the “City”); and WHEREAS, the Subject Property is owned by Jose Vega (the “Owner”) and to the best of the City’s knowledge is currently unoccupied; and WHEREAS, the Subject Property is approximately0.08 acres in sizeand does not have street frontage; and WHEREAS, because the Subject Property does not have street frontage or private easement rights to install utility service lines, connecting to nearby public sewer and water mains is not presently viable; and WHEREAS, to the best of the City’s knowledge, there is a well on the Subject Property that provides the Dwelling with groundwater; and WHEREAS, in lieu of connecting to Citysewer, the Dwelling has long been served by a privately owned individual subsurface sewage treatment system (“SSTS”); and WHEREAS,on December 15, 2021, an inspection of theSSTSon the Subject Property was performed by Brian Humpal, an MPCA-licensed SSTS inspector, pursuant to City requirements; and WHEREAS, during saidinspection, it was observed that the SSTS was installed in approximately 1940 and consists only of a cesspool (the “Cesspool”); and WH EREAS, pursuant to Minnesota Rules, section 7080.1500, subp. 4.B, cesspools are noncompliant sewagetreatment systems because they do notadequatelyprotect local groundwater; and 1 MA745-38-850452.v2 Council Packet Page Number 416 of 431 J4, Attachment 2 WHEREAS, on January 7, 2022, a letter was sent to the Owner informing himthat the Cesspool was noncompliant and that, pursuant to section 40-234(c) of the Maplewood City Code (the “City Code”), the Cesspool must be upgraded, repaired, replaced, or abandoned, in accordance with state and local requirements, within three months; and WHEREAS, the Owner did not respond to the aforementioned letter, and so on August 30, 2022, another letter was sent to the Owner, again informing him that the Cesspool is noncompliant under state law and constitutes a hazard and a public nuisance; and WHEREAS, following the City’s most recent letter, City staff was contacted by the Owner’s contractor who indicated that the Subject Property is too small to accommodate a new SSTS. The contractor inquired about whether a holding tank could be permanently installed on the Subject Property to collect sewage from the Dwelling, and City staff informed said contractor that permanent holding tanks are expressly prohibited under section 40-271(c) of the City Code; and WHEREAS, to date, the Cesspool still exists on the Subject Property and there is no legally compliant method for collecting wastewater generated inside of the Dwelling; and WHEREAS, Minnesota Statutes, section 463.15, subdivision 3 defines a “hazardous property” as “any property…, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health;” and WHEREAS, Minnesota Rules, section 1300.0180 provides that equipment regulated by the Minnesota State Building Code, including private plumbing and utilities, is unsafe if it is a “health hazard; an unsanitary condition; or \[is\] otherwise dangerous to human life” and further deems the “\[u\]se of a building, structure, or building service equipment constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purposes of this part, an unsafe use”; and WHEREAS, Minnesota Rules, section 1300.0180 also provides that all unsafe buildings, structures, or appendages are public nuisances that “must be abated by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, sections 463.15 to 463.26”; and WHEREAS, section 713.2 of the Minnesota State Plumbing Code, which is part of the building code and adopted by reference in section 12-36 of the City Code, expressly requires buildings that are not connected to public sewer to be served by an approved private sewage disposal system; and WHEREAS, section 18-28(b) of the City Code deems it a public nuisance for any cesspool in the City to become offensive, nauseous or injurious to health; and WHEREAS, section 18-31(14) of the City Code deems it a public nuisance to use property in any manner deemed by the city council to be a menace to the health of the inhabitants of the city; and 2 MA745-38-850452.v2 Council Packet Page Number 417 of 431 J4, Attachment 2 WHEREAS, both Minnesota Statutes, section 609.74 and section 18-30 of the City Code also deem it a public nuisance to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of the public; and WHEREAS, based on the foregoing, City staff, including the City’s building official and its public works director, are of the opinion that the Subject Property and the Dwelling located thereon are hazardous, unsafe, and a public nuisance; and WHEREAS, Minnesota Statutes, section 463.161 and section 18-37 of the City Code authorize the city council to order the owner of any hazardous property or nuisance propertywithin the City to correct or remove said conditions; and WHEREAS, by letters dated and mailed on January 7, 2022 and August 30, 2022, the City notified the Owner of the hazardous and nuisance conditions summarized herein, as well as the steps needed to correct said conditions; and WHEREAS, the Owner has not corrected any of the unlawful conditions of the Subject Property and said conditions still exist today; and WHEREAS, Minnesota Statutes, section 463.161 et seq. authorizes a city to correct or remove a hazardous condition of any hazardous building or property if the owner of record fails to do so after a reasonable time and the district court enters a judgment sustaining the city’s order; and WHEREAS, also pursuant to section 18-37 of the City Code, the city council may order the abatement of a nuisance on any premises; and WHEREAS, based on the information presented, the city council has determined that the condition of the Subject Property constitutes a hazard, is unsafe, and is a nuisance, all in violation of state and local law, and therefore should be abated. RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood as follows: 1. The city council adopts, as factual findings, all of the recitals listed above. 2. The city councilfinds that thecondition of the Subject Property is hazardous, as defined by Minnesota Statutes, section 463.15, and unsafe, as defined in Minnesota Rules, section 1300.0180. 3. Thecity council also finds that the condition of theSubject Propertyconstitutes a public nuisance, as defined by both state and local law, violates the aforementioned sections of the City Code, and is a menace to the health of the inhabitants of the city. 3 MA745-38-850452.v2 Council Packet Page Number 418 of 431 J4, Attachment 2 4. The city attorney shall prepare an abatement ordersubstantially similar to that attached as Exhibit A attached hereto. 5. The city attorney is authorized to take all necessary legal steps to effectuate service of this resolution and the corresponding abatement order in the manner required by state and/or local law. 6. The city attorney and city staff are authorized to take all necessary legal steps to secure compliance with the abatement order and to obtain authority to remove and abate the hazardous conditions on the Subject Property by court order and collect and/or assess the costs thereof against the Subject Property, as otherwise permitted by state and/or local law. Passed and duly adopted this _____ day of __________________, 2023, by the city council of the city of Maplewood, Minnesota. ______________________________ Marylee Abrams, Mayor ATTEST: _________________________________ Melinda Coleman, City Manager 4 MA745-38-850452.v2 Council Packet Page Number 419 of 431 J4, Attachment 2 EXHIBIT A TO RESOLUTION Abatement Order STATE OF MINNNESOTADISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT ________________________________________ Case Type: Other Civil In the Matter of the Hazardous and Nuisance Property Located at 1742 ½ English Street, Maplewood, Minnesota ORDER FOR ABATEMENT OF HAZARDOUS PROPERTY AND PUBLIC NUISANCE ________________________________________ TO: All owners, occupants, and all lienholders of record. The city council of the city of Maplewood, Minnesota hereby orders that within 45 days of service of this Order that you abate the hazardous conditions which exist on the property located at: 1742 ½ English Street, in the city of Maplewood, Ramsey County, which property is legally described as follows: The North 100 feet of the South 767.56 feet, except the West 158 feet of the Southwest Quarter of Section 15, Township 29, Range 22, lying West of the Northern Pacific Railway Right of Way, Ramsey County, Minnesota The city of Maplewood, pursuant to Minnesota Statutes, chapter 463 and the Minnesota State Building Code, has determined that the condition of the property located at the above- referenced address is hazardous and unsafebecause wastewater produced by or disposed of within the dwelling located thereon is being deposited into a cesspool. The dwelling’s plumbing fixtures are not otherwise connected to public sewer, nor are they serviced by a compliant individual subsurface sewage treatment system. For those reasons, the city of Maplewood, pursuant to chapter 18 of the Maplewood City Code and Minnesota Statutes, section 609.74, also has determined that the property located at the above-referenced address constitutes a public nuisance. A-1 MA745-38-850452.v2 Council Packet Page Number 420 of 431 J4, Attachment 2 Pursuant to the above-referenced statutes and ordinances, it is hereby ORDERED that you abate the hazardous conditions within 45 days of the date of service of this Order by performing one of the following: 1. Replace the cesspool with a compliant individual subsurface sewage treatment system that serves the dwelling on the subject property and meets all state and local requirements; 2. Acquire permanent easement rights from neighboring landowners to accommodate a private sewer service line and thereafter connect the dwelling on the subject property to city sewer; or 3. Demolish the dwelling on the subject property to prevent the ability to deposit wastewater generated on the property into the noncompliant cesspool. All work completed is subject to permitting and required inspections by staff members of the city to ensure compliance with applicable rules and law. You are further advised that unless such corrective action is taken or an answer is served on the city and filed with the Ramsey County District Court Administrator within 21 days of the date of service of this Order upon you, a motion for summary enforcement of this Order may be made to the Ramsey County District Court. You are further advised that if you do not comply with this Order and the city is compelled to take corrective action, it will pursue the dwelling’s demolition and all necessary costs incurred by the city in taking such corrective action will be collected and assessed against the property pursuant to Minnesota Statutes, section 463.21 and section 18-37 of the Maplewood City Code. In connection thereto, the city intends to recover all of its expenses incurred in carrying out this Order, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys’ fees, appraisers’ fees, witness fees, including expert witness fees and traveling expenses A-2 MA745-38-850452.v2 Council Packet Page Number 421 of 431 J4, Attachment 2 incurred by the city from the time this Order was originally made pursuant to Minnesota Statutes, section 463.22. Dated ______________, 2023 KENNEDY & GRAVEN, CHARTERED By: David T. Anderson (#0393517) 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 Attorney for City of Maplewood ACKNOWLEDGMENT The undersigned acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211, subd. 2, to the party against whom the allegations in this pleading are asserted. David T. Anderson A-3 MA745-38-850452.v2 Council Packet Page Number 422 of 431 J4, Attachment 3 1 of 9 Njexftu!Tfxfs!Tfswjdft Q/P/!Cpy!21964!Xijuf!Cfbs!Mblf-!NO!66221!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Csjbo!Ivnqbm!!!!! !!762.5:3.86610CsjboANjexftutpjmuftujoh/dpn!!!!!!!!!!!!!!!NQDB!Mjdfotfe!Bewbodfe!Jotqfdups!!!!!! 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